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 11, 1999 No. 39 House of Representatives The House met at 10 a.m. VOTE NO ON H.R. 45 Medicare, as we know, is projected to The Chaplain, Rev. James David (Mr. GIBBONS asked and was given become insolvent in 2008. Ford, D.D., offered the following pray- permission to address the House for 1 Democrats call for strengthening and er: minute and to revise and extend his re- improving Medicare by locking in 15 We pray, gracious God, that we are marks.) percent of the projected budget surplus not judged by our attempts to do the Mr. GIBBONS. Mr. Speaker, H.R. 45 over the next 15 years in the Medicare works of justice or by our failures to be is the nuclear waste lottery. We bet trust fund. Democrats would add at least a decade to the life of the Medi- the people You would have us be, but our homes, our property, the safety of care Trust Fund while we work to rather by Your mercy and forgiveness our family, and then if one of these nu- enact long-term reforms to extend the and grace. We seek to do the right, but clear carnivals passes by our property, life of the plan. Republicans, on the we also miss the mark; we wish to re- bingo, we get big bucks. other hand, are pursuing broad-based member others with appreciation, but This is a lawyer’s dream. Thousands tax cuts instead of saving Medicare, we can become too filled with pride to of innocent people will get a large pay- and they want short-term giveaways show gratitude; we can talk about the ment of taxpayer money because the instead of long-term investments in need for respect in our communities, transportation of this deadly radio- but we can also speak words without the future. active waste will devalue and endanger The Democrats have the only plan any change in our deeds. May the their property. Mr. Speaker, let me ex- that extends the life span of both words we say with our lips find mean- plain. Social Security and Medicare and ing with what we believe in our hearts, Recently the New Mexico State Su- strengthens retirement security for and all that we believe in our hearts preme Court ruled that Mr. John middle class families well into the 21st may we practice in our daily lives. In Komis of Santa Fe will be awarded century. Your name we pray. Amen. more than $884,000 in damages result- f f ing from the devaluation of his prop- erty simply due to the transportation MIAMI-DADE COUNTY’S WOMEN’S THE JOURNAL of nuclear waste past his property. PARK The SPEAKER. The Chair has exam- If H.R. 45 were to pass, almost 80,000 (Ms. ROS-LEHTINEN asked and was ined the Journal of the last day’s pro- tons of nuclear garbage will be shipped given permission to address the House ceedings and announces to the House across our Nation’s highways, destroy- for 1 minute and to revise and extend his approval thereof. ing property values across this country her remarks.) Pursuant to clause 1, rule I, the Jour- like a string of dominos falling in its Ms. ROS-LEHTINEN. Madam Speak- nal stands approved. path, and who will pay for this devalu- er, I would like to tell my colleagues ation of private property? The Amer- and the visitors here today about a f ican taxpayer will foot the bill to sup- very special place in south Florida, the PLEDGE OF ALLEGIANCE port a radical, extremely costly policy Women’s Park. This is the very first mandated by H.R. 45. park of its kind anywhere in the entire The SPEAKER. Will the gentleman Mr. Speaker, this is a risk America country that is devoted solely to the from New Jersey (Mr. PALLONE) come cannot afford. contributions that women have made forward and lead the House in the f to our community, our history, to our Pledge of Allegiance. society and our lives. It is hoped that Mr. PALLONE led the Pledge of Alle- STRENGTHENING RETIREMENT SE- the many achievements made by giance as follows: CURITY FOR MIDDLE CLASS women will be recognized throughout I pledge allegiance to the Flag of the FAMILIES INTO THE 21ST CEN- the entire year and not just now during United States of America, and to the Repub- TURY the month of March, which is des- lic for which it stands, one nation under God, (Mr. PALLONE asked and was given ignated as Women’s History Month. indivisible, with liberty and justice for all. permission to address the House for 1 When the Women’s Park opened in f minute.) Miami in 1992, it was dedicated to all Mr. PALLONE. Madam Speaker, the the women of the community in rec- ANNOUNCEMENT BY THE SPEAKER Republicans have failed to make a ognition of their diverse contributions The SPEAKER. The Chair announces commitment to use any of the Federal to our quality of life. that there will be 10 1-minutes on each surplus to shore up the Medicare Trust Madam Speaker, I hope that the side. Fund. Women’s Park in Miami will serve as

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.

H1173

. H1174 CONGRESSIONAL RECORD — HOUSE March 11, 1999 an inspiration to celebrate the many our genuine interests are, in fact, pro- help our people, to help our families, to achievements of women throughout tected, because Madam Speaker, if the help our loved ones and to ensure that our country, and if any of my congres- administration is more susceptible to this senseless loss of life does not hap- sional colleagues would like to start Chinese campaign cash, then this pen again? I assure Alex that we are such a women’s park in their commu- House must protect the American peo- going to look at those laws at the nities, I will be glad to work with them ple. local, State and Federal level and do so we can all celebrate the many f everything we possibly can to use you achievements of women. as well as others as an example that WE PLEDGED AN OATH TO UP- f the time has come that we have got to HOLD THE CONSTITUTION, NOT get these drunk drivers off the road. URGING SPEAKER NOT TO ALLOW THE WORLD TRADE ORGANIZA- God bless you, Alex. VOTE ON TROOPS IN KOSOVO TION f TODAY (Mr. TRAFICANT asked and was (Mr. MCDERMOTT asked and was given permission to address the House INTRODUCTION OF THE FAMILY given permission to address the House for 1 minute and to revise and extend FARM PROTECTION ACT for 1 minute.) his remarks.) (Mr. GREEN of Wisconsin asked and Mr. MCDERMOTT. Madam Speaker, Mr. TRAFICANT. Madam Speaker, was given permission to address the the House of Representatives has be- even though Article 21 of GATT clearly House for 1 minute and to revise and come like a scene from Alice in Won- states any Nation can take action extend his remarks.) derland. Yesterday in the Committee when their military security is threat- Mr. GREEN of Wisconsin. Madam on Ways and Means we were asked to ened, the White House has vowed to Speaker, on Monday I was back in bring out a bill by the Speaker with a veto any bill on steel imports. northeastern Wisconsin unveiling what recommendation that it do not pass be- Beam me up. will be my first bill before this House, cause the Speaker wants it brought to We cannot defend America with plas- a proposal that I call the Family Farm the floor but does not intend to vote tic and Styrofoam. It seems the White Protection Act. for it. Today, even more amazingly, we House is more concerned with violating Now this simple plan exempts farm- have a foreign policy issue where the the World Trade Organization than ers from a Federal capital gains tax President of the United States and the they are in violating America’s steel when they sell their farm to a family Secretary of State have asked that it workers. member when they try to keep their not be voted on now while the peace Let me remind Members of Congress family farm within the family. negotiations in Kosovo are proceeding. we pledged an oath to the Constitution Now, while the U.S. economy is Yet the Speaker brings it to the floor of the United States of America, not booming, our family members, some of intending not to vote for it, and he is the World Trade Organization. the hardest working people in America, third in succession in the United I yield back all the bankruptcy, de- face a tragic crisis. Traditionally, when States Government. It is the President, spair, downsizing, layoffs and fore- a farm crisis comes along, we in the the Vice President and the Speaker of closure of America’s steel workers. Congress look at ways to create more the House; the third most important f programs, to build more government man in the country is running foreign WE MUST STOP DRUNK DRIVERS help. All too often we forget that it is policy here while we are putting at risk FROM DESTROYING THE LIVES the government itself which is at the our soldiers in Kosovo. OF INNOCENT PEOPLE heart of many problems that our farm- Now I ask you, Mr. Speaker, do not ers face. My proposal removes an oner- bring this issue to a vote today. It is ir- (Mr. CLEMENT asked and was given ous tax that forces families out of responsible, it should not be done, it permission to address the House for 1 farming and is contributing to the de- puts our soldiers at risk, and those of minute and to revise and extend his re- struction of our Nation’s lifelong agri- us who lived through the Vietnam era marks.) cultural heritage. say do not do this again. Mr. CLEMENT. Madam Speaker, this I ask my colleagues to join me in this f past week I lost a true friend as well as effort and to become original cospon- my chief of staff, Alex Haught, who sors of the Family Farm Protection REASONS TO HAVE GRAVE CON- was killed in an automobile wreck in CERNS ABOUT THE STEWARD- Act. Nashville, Tennessee, the victim of a f SHIP OF FOREIGN POLICY BY drunk driver. THIS ADMINISTRATION Perhaps the only thing more shock- SENIOR CITIZENS’ FREEDOM TO (Mr. HAYWORTH asked and was ing than the suddenness of Alex’s death WORK ACT OF 1999 given permission to address the House was the information about the reckless (Mr. LUCAS of Kentucky asked and for 1 minute and to revise and extend individual who got behind the wheel of was given permission to address the his remarks.) the 2-ton van that slammed into Alex’s House for 1 minute.) Mr. HAYWORTH. Madam Speaker, car. In the past 20 years he had been ar- Mr. LUCAS of Kentucky. Madam we just received two instances of the rested over 70 times for crimes, includ- Speaker, it is imperative that we pass MO of the liberals on the Hill. It is fear ing frequent public drunkenness, he the Senior Citizens’ Freedom to Work and smear first, scare the elderly about had been convicted of driving while in- Act of 1999. The proposed measure Medicare, then come back and attack toxicated, and his license had been re- would eliminate the Social Security the new Speaker of the House. voked for over 8 years. Worse yet, he earnings limit for retirement age Very interesting. We have been down had gotten out of jail having served Americans. We must end the practice this road before. only 3 days of a 10-day sentence the of penalizing seniors and discouraging But as my colleagues know, Madam day he killed Alex. work. With their wealth of information Speaker, there is a reason to have This sickens me, Madam Speaker. and experience, senior citizens are grave concerns about the stewardship Our system has broken down at every truly vital to the stability of our work of foreign policy by this administra- level, the local, State and Federal. We force and the development of the work tion, especially Madam Speaker, when must revisit laws at every level of gov- force of tomorrow. this administration, the Clinton-Gore ernment to find ways to keep drunk b team, took campaign cash from the drivers from destroying the lives of in- 1015 Communist Chinese and then ignored nocent people. In addition, we are The current limit takes away retire- the warnings of the intelligence com- going to have to look at some harsh ment benefits from those who have munity with reference to nuclear espio- measures that we have never looked at rightfully earned them through a life- nage. before. time of hard work. We should not be Madam Speaker, it is incumbent Are we going to keep operating the punishing our senior citizens for con- upon this House to exercise its over- ambulance in the valley, or are we tinuing to work but, rather, encourag- sight capabilities to make sure that going to build a permanent fence to ing them. That is just common sense. March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1175 BIG BROTHER IS BACK THE FOREST SERVICE MORATO- we do not need $176 billion in tax in- (Mr. CHABOT asked and was given RIUM IS AN ATTACK ON ACCESS creases. We say we do not want to raid permission to address the House for 1 TO OUR PUBLIC FORESTS the Social Security trust fund. In fact, minute.) (Mr. HILL of Montana asked and was this year we want to stop something that has been going on for 30 years. We Mr. CHABOT. Madam Speaker, they given permission to address the House believe it is time to wall off the Social are at it again. We learned this morn- for 1 minute and to revise and extend Security trust fund and stop the raids ing from The Washington Post that his remarks.) that President Clinton wants to have those big government loving bureau- Mr. HILL of Montana. Madam Speak- on Social Security. crats in the Clinton administration are er, the Forest Service roads morato- Let us stop the raids on Social Secu- up to their old tricks again. When we rium now in effect, defies the good rity. Let us wall off the Social Security last heard from our friends in the Fed- common sense required to maintain trust fund. eral health care data collection busi- our Nation’s force. ness, they were attempting to carry In essence, the administration is say- f out a little known provision in the law ing that we are going to take a time- RESIGNATION AS MEMBER OF that would require every single Amer- out in managing our forests. In the COMMITTEE ON VETERANS’ AF- ican to have a special identification meantime, of course, the problems will FAIRS number so that their medical records not wait. They only become more seri- The Speaker pro tempore (Mrs. could be tracked by the government. ous. EMERSON) laid before the House the fol- Now we learn that the administra- This moratorium is also an attack on access to our public forests. It is noth- lowing resignation as a member of the tion seeks to create a new database Committee on Veterans’ Affairs: that would collect personal informa- ing more than a sweeping mandate tion about millions of Americans who from Washington. This mandate is not HOUSE OF REPRESENTATIVES, designed to study our forests roads but, Washington, DC, March 10, 1999. receive in-home benefits under the Hon. J. DENNIS HASTERT, Medicare program. Under the guise of rather, to keep the American citizen Speaker of the House, improving service, the Clinton admin- out of their forests. The Capitol, Washington, DC. istration intends to conduct a 19-page A representative from the most re- DEAR MR. SPEAKER: Having accepted an ap- assessment of each patient, including spected sportsmen’s group in Washing- pointment to the Committee on the Judici- questions concerning the patient’s ton, the Safari Club, called this deci- ary, I must hereby regretfully resign from sense of failure, or socially inappropri- sion bad for sportsmen and other rec- the Committee on Veterans’ Affairs. ate behavior. reational users, so bad that it must Sincerely, have the dedicated professionals in the SPENCER BACHUS, Enough already. Let us put a stop to Member of Congress. this nonsense before it begins. Let us Forest Service shaking their heads. The SPEAKER pro tempore. Without protect the privacy of millions of The Forest Service reports that 93 objection, the resignation is accepted. Americans. Let us once again say no to percent of forest road use is for rec- There was no objection. Big Brother. reational purposes, and now they are trying to lock up the very roads where f f we recreate. ELECTION OF MEMBERS TO CER- It makes no sense. I cannot under- TAIN STANDING COMMITTEES OF stand how an agency that is directed to THE HOUSE MEDICARE manage our forests is walking away (Ms. DELAURO asked and was given and washing its hands of such a serious Mr. GOODLING. Madam Speaker, I permission to address the House for 1 issue. offer a resolution (H. Res. 108) and I minute and to revise and extend her re- This is a bad policy, Madam Speaker. ask unanimous consent for its imme- marks.) It is bad for America. It is bad for the diate consideration. Ms. DELAURO. Madam Speaker, I economy. It is bad for the forests and it The Clerk read the resolution, as fol- hold in my hand a letter to the Speak- is bad for the citizens. lows: er of the House imploring him to de- The question is, who is it good for? H. RES. 108 vote 15 percent of the budget surplus to f Resolved, That the following named Mem- strengthen Medicare. This letter has bers be, and they are hereby, elected to the been signed by 201 Democrats. We RAIDING THE SOCIAL SECURITY following standing committees of the House speak with a unified message: Do not TRUST FUND TO SPEND MONEY of Representatives: ON 120 NEW GOVERNMENT PRO- Committee on the Judiciary: Mr. SCAR- jeopardize Medicare for political tax BOROUGH of Florida. breaks. GRAMS Committee on Veterans’ Affairs: Mr. In the most recent Republican budg- (Mr. WELLER asked and was given BAKER of Louisiana. et, not one penny of the surplus is used permission to address the House for 1 The SPEAKER pro tempore. Is there to shore up Medicare. Medicare is pro- minute and to revise and extend his re- objection to the request of the gen- jected to be bankrupt in the year 2008. marks.) tleman from Pennsylvania? That is only 9 years away. The Demo- Mr. WELLER. Madam Speaker, back There was no objection. cratic plan to use 15 percent of the sur- home, when I am back home in the The resolution was agreed to. plus would extend the life of Medicare south side of Chicago, in the south sub- A motion to reconsider was laid on by a decade, giving us time to reform urbs, I get asked some pretty basic the table. the program so that it endures the questions by the folks back home. I f coming strain of the retiring baby had a really pretty good one asked to boom generation and allows us to put a me just this past week. EDUCATION FLEXIBILITY prescription drug benefit together. They say, it is our understanding PARTNERSHIP ACT OF 1999 The Republican plan is irresponsible. that there is this $2.6 trillion surplus of The SPEAKER pro tempore. Pursu- It puts short-term political gain ahead extra tax revenue. If we have all this ant to House Resolution 100 and rule of long-term fiscal responsibility and, extra money in Washington, why does XVIII, the Chair declares the House in in the process, jeopardizes seniors’ President Clinton, the Clinton-Gore the Committee of the Whole House on health and their retirement security. Democrats, propose a $176 billion tax the State of the Union for the further Today 99 percent of America’s seniors increase, and why do the Clinton-Gore consideration of the bill, H.R. 800. are covered by Medicare. Social Secu- Democrats, why do they propose raid- b 1022 rity and Medicare have combined to ing the Social Security trust fund by give our seniors independence, dignity $250 billion to spend money on 120 new IN THE COMMITTEE OF THE WHOLE and security in their retirement. Let government programs? Accordingly, the House resolved us strengthen them and not dismantle That is an important question be- itself into the Committee of the Whole them. cause on the Republican side, we say House on the State of the Union for the H1176 CONGRESSIONAL RECORD — HOUSE March 11, 1999 further consideration of the bill (H.R. Levin Neal Skelton Smith (TX) Taylor (NC) Watts (OK) Lewis (GA) Oberstar Slaughter Smith (WA) Terry Weldon (FL) 800) to provide for education flexibility Lofgren Obey Snyder Souder Thomas Weldon (PA) partnerships, with Mr. WELLER (Chair- Lowey Olver Spratt Spence Thornberry Weller man pro tempore) in the chair. Lucas (KY) Ortiz Stabenow Stearns Thune Whitfield The Clerk read the title of the bill. Luther Owens Stark Stump Tiahrt Wicker Maloney (CT) Pallone Stenholm Sununu Toomey Wilson The CHAIRMAN pro tempore. When Maloney (NY) Pascrell Strickland Sweeney Upton Wolf the Committee of the Whole rose on Markey Pastor Stupak Talent Walden Young (AK) Wednesday, March 10, 1999, the demand Mascara Payne Tanner Tancredo Walsh Young (FL) Matsui Pelosi Tauscher Tauzin Wamp for a recorded vote on amendment No. McCarthy (MO) Peterson (MN) Thompson (CA) Taylor (MS) Watkins 21 by the gentleman from Virginia (Mr. Thompson (MS) McCarthy (NY) Phelps NOT VOTING—15 SCOTT) had been postponed and all time McDermott Pickett Thurman for consideration of the bill under the McGovern Pomeroy Tierney Barrett (NE) Cox Kaptur McIntyre Price (NC) Towns Becerra Delahunt Martinez 5-minute rule had expired. McKinney Rahall Traficant Bilbray Fattah McCrery AMENDMENT NO. 21 OFFERED BY MR. SCOTT McNulty Rivers Turner Blagojevich Frost Rangel Meehan Rodriguez Udall (CO) Capps John Reyes The CHAIRMAN pro tempore. There Meek (FL) Roemer Udall (NM) being no further amendments in order Meeks (NY) Rothman Velazquez b 1043 under the rule, the unfinished business Menendez Roybal-Allard Vento Mr. CAMPBELL, Mr. TERRY, and is the demand for a recorded vote on Millender- Rush Visclosky McDonald Sabo Waters Mrs. CUBIN changed their vote from the amendment offered by the gen- Miller, George Sanchez Watt (NC) ‘‘aye’’ to ‘‘no.’’ tleman from Virginia (Mr. SCOTT) on Minge Sanders Waxman Ms. STABENOW and Mr. FRANK of which further proceedings were post- Mink Sandlin Weiner Massachusetts changed their vote from Moakley Sawyer Wexler poned and on which the noes prevailed Mollohan Schakowsky Weygand ‘‘no’’ to ‘‘aye.’’ by voice vote. Moore Scott Wise So the amendment was rejected. The Clerk will redesignate the Moran (VA) Serrano Woolsey The result of the vote was announced amendment. Murtha Sherman Wu as above recorded. Nadler Shows Wynn Stated against: The text of the amendment is as fol- Napolitano Sisisky lows: Mr. BARRETT of Nebraska. Mr. Chairman, Amendment No. 21 offered by Mr. NOES—223 on rollcall No. 40, I was inadvertently de- tained. Had I been present, I would have SCOTT: Aderholt Fossella Lucas (OK) In section 4(c) (of H.R. 800, as reported), Archer Fowler Manzullo voted ``no.'' after ‘‘Secretary’’, insert ‘‘or a State edu- Armey Franks (NJ) McCollum The CHAIRMAN. The question is on cational agency’’. Bachus Frelinghuysen McHugh the committee amendment in the na- Baker Gallegly McInnis ture of a substitute, as amended. At the end of section 4(c)(1)(G) (of H.R. 800, Ballenger Ganske McIntosh as reported), strike ‘‘and’’. Barr Gekas McKeon The committee amendment in the After subparagraph (H) of section 4(c) (of Bartlett Gibbons Metcalf nature of a substitute, as amended, was H.R. 800, as reported), insert the following: Barton Gilchrest Mica agreed to. (I) in the case of a school that participates Bass Gillmor Miller (FL) The CHAIRMAN. Under the rule, the in a schoolwide program under section 1114 Bateman Gilman Miller, Gary Biggert Goode Moran (KS) Committee rises. of the Elementary and Secondary Education Bilirakis Goodlatte Morella Accordingly, the Committee rose; Act of 1965, the eligibility requirements of Bliley Goodling Myrick and the Speaker pro tempore (Mrs. such section if such a school serves a school Blunt Goss Nethercutt EMERSON) having assumed the chair, attendance area in which less than 35 per- Boehlert Graham Ney Mr. WELLER, Chairman pro tempore of cent of the children are from low-income Boehner Granger Northup families; and Bonilla Green (WI) Norwood the Committee of the Whole House on Bono Greenwood Nussle the State of the Union, reported that RECORDED VOTE Boyd Gutknecht Ose that Committee, having had under con- The CHAIRMAN pro tempore. A re- Brady (TX) Hall (TX) Oxley sideration the bill (H.R. 800) to provide corded vote has been demanded. Bryant Hansen Packard Burr Hastings (WA) Paul for education flexibility partnerships, A recorded vote was ordered. Burton Hayes Pease pursuant to House Resolution 100, he The vote was taken by electronic de- Buyer Hayworth Peterson (PA) reported the bill back to the House vice, and there were—ayes 195, noes 223, Callahan Hefley Petri Calvert Herger Pickering with an amendment adopted by the not voting 15, as follows: Camp Hill (MT) Pitts Committee of the Whole. [Roll No. 40] Campbell Hilleary Pombo The SPEAKER pro tempore. Under Canady Hobson Porter the rule, the previous question is or- AYES—195 Cannon Hoeffel Portman Abercrombie Conyers Green (TX) Castle Hoekstra Pryce (OH) dered. Ackerman Costello Gutierrez Chabot Horn Quinn Is a separate vote demanded on any Allen Coyne Hall (OH) Chambliss Hostettler Radanovich amendment to the committee amend- Andrews Cramer Hastings (FL) Chenoweth Houghton Ramstad ment in the nature of a substitute Baird Crowley Hill (IN) Coble Hulshof Regula Baldacci Cummings Hilliard Coburn Hunter Reynolds adopted by the Committee of the Baldwin Danner Hinchey Collins Hutchinson Riley Whole? If not, the question is on the Barcia Davis (FL) Hinojosa Combest Hyde Rogan amendment. Barrett (WI) Davis (IL) Holden Cook Isakson Rogers The amendment was agreed to. Bentsen DeFazio Holt Cooksey Istook Rohrabacher Bereuter DeGette Hooley Crane Jenkins Ros-Lehtinen The SPEAKER pro tempore. The Berkley DeLauro Hoyer Cubin Johnson (CT) Roukema question is on the engrossment and Berman Deutsch Inslee Cunningham Johnson, Sam Royce third reading of the bill. Berry Dicks Jackson (IL) Davis (VA) Jones (NC) Ryan (WI) The bill was ordered to be engrossed Bishop Dingell Jackson-Lee Deal Kasich Ryun (KS) Blumenauer Dixon (TX) DeLay Kelly Salmon and read a third time, and was read the Bonior Doggett Jefferson DeMint King (NY) Sanford third time. Borski Dooley Johnson, E. B. Diaz-Balart Kingston Saxton The SPEAKER pro tempore. The Boswell Doyle Jones (OH) Dickey Knollenberg Scarborough question is on the passage of the bill. Boucher Edwards Kanjorski Doolittle Kolbe Schaffer Brady (PA) Engel Kennedy Dreier Kuykendall Sensenbrenner The question was taken; and the Brown (CA) Eshoo Kildee Duncan LaHood Sessions Speaker pro tempore announced that Brown (FL) Etheridge Kilpatrick Dunn Largent Shadegg the ayes appeared to have it. Brown (OH) Evans Kind (WI) Ehlers Latham Shaw RECORDED VOTE Capuano Farr Kleczka Ehrlich LaTourette Shays Cardin Filner Klink Emerson Lazio Sherwood Mr. GOODLING. Madam Speaker, I Carson Ford Kucinich English Leach Shimkus demand a recorded vote. Clay Frank (MA) LaFalce Everett Lewis (CA) Shuster A recorded vote was ordered. Clayton Gejdenson Lampson Ewing Lewis (KY) Simpson The SPEAKER pro tempore. Post- Clement Gephardt Lantos Fletcher Linder Skeen Clyburn Gonzalez Larson Foley Lipinski Smith (MI) poned suspension votes after this vote Condit Gordon Lee Forbes LoBiondo Smith (NJ) will all be five-minute votes. March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1177 The vote was taken by electronic de- Slaughter Tauscher Wamp GENERAL LEAVE Smith (MI) Tauzin Watkins vice, and there were—ayes 330, noes 90, Smith (TX) Taylor (MS) Watts (OK) Mr. GOODLING. Madam Speaker, I not voting 14, as follows: Smith (WA) Taylor (NC) Weiner ask unanimous consent that all Mem- Snyder Terry Weldon (FL) [Roll No. 41] Souder Thomas Weldon (PA) bers may have 5 legislative days within AYES—330 Spence Thompson (CA) Weller which to revise and extend their re- Spratt Thornberry Wexler marks on H.R. 800, the Education Aderholt Evans Lucas (KY) Stabenow Thune Weygand Flexibility Partnership Act of 1999. Allen Everett Lucas (OK) Stearns Tiahrt Whitfield Andrews Ewing Luther Stenholm Toomey Wicker The SPEAKER pro tempore (Mrs. Archer Farr Maloney (CT) Strickland Traficant Wilson EMERSON). Is there objection to the re- Armey Fletcher Maloney (NY) Stump Turner Wise quest of the gentleman from Pennsyl- Bachus Foley Manzullo Sununu Udall (CO) Wolf Baird Forbes Mascara Sweeney Udall (NM) Wu vania? Baker Ford Matsui Talent Upton Wynn There was no objection. Baldacci Fossella McCarthy (NY) Tancredo Walden Young (AK) f Baldwin Fowler McCollum Tanner Walsh Young (FL) Ballenger Franks (NJ) McHugh Barcia Frelinghuysen McInnis NOES—90 AUTHORIZING THE CLERK TO Barr Gallegly McIntosh MAKE CORRECTIONS IN EN- Abercrombie Jackson-Lee Oberstar Barrett (NE) Ganske McIntyre GROSSMENT OF H.R. 800, EDU- Bartlett Gejdenson McKeon Ackerman (TX) Obey Barton Gekas McNulty Barrett (WI) Jefferson Olver CATION FLEXIBILITY PARTNER- Bass Gephardt Metcalf Berman Johnson, E. B. Owens SHIP ACT OF 1999 Bateman Gibbons Mica Bonior Jones (OH) Pallone Bentsen Gilchrest Miller, Gary Borski Kaptur Pastor Mr. GOODLING. Madam Speaker, I Bereuter Gillmor Mollohan Brady (PA) Kennedy Payne ask unanimous consent that in the en- Berkley Gilman Moore Brown (FL) Kildee Pelosi grossment of the bill, H.R. 800, the Berry Gonzalez Moran (KS) Brown (OH) Kilpatrick Rangel Biggert Goode Moran (VA) Capuano Kucinich Rivers Clerk be authorized to make technical Bilirakis Goodlatte Morella Carson LaFalce Roybal-Allard corrections and conforming changes to Bishop Goodling Murtha Clay Lee Rush the bill. Clayton Levin Sanchez Blagojevich Gordon Myrick The SPEAKER pro tempore. Is there Bliley Goss Napolitano Clyburn Lewis (GA) Sawyer Blumenauer Graham Nethercutt Conyers Lowey Schakowsky objection to the request of the gen- Blunt Granger Ney Costello Markey Scott tleman from Pennsylvania? Boehlert Green (TX) Northup Coyne McCarthy (MO) Serrano There was no objection. Boehner Green (WI) Norwood Crowley McDermott Stark Bonilla Greenwood Nussle Cummings McGovern Stupak f Bono Gutierrez Ortiz Davis (IL) McKinney Thompson (MS) Boswell Gutknecht Ose DeFazio Meehan Thurman ANNOUNCEMENT BY THE SPEAKER Boucher Hall (OH) Oxley Dingell Meek (FL) Tierney PRO TEMPORE Boyd Hall (TX) Packard Dixon Meeks (NY) Towns Brady (TX) Hansen Pascrell Engel Menendez Velazquez The SPEAKER pro tempore. Pursu- Brown (CA) Hastert Paul Filner Millender- Vento ant to clause 8 of rule XX, the Chair Bryant Hayes Pease Frank (MA) McDonald Visclosky Burr Hayworth Peterson (MN) Hastings (FL) Miller, George Waters will now put the question on the re- Burton Hefley Peterson (PA) Hilliard Mink Watt (NC) maining motions to suspend the rules Buyer Herger Petri Hinchey Moakley Waxman on which further proceedings were Holt Nadler Woolsey Callahan Hill (IN) Phelps postponed on Tuesday, March 9, 1999, in Calvert Hill (MT) Pickering Jackson (IL) Neal Camp Hilleary Pickett the order in which that motion was en- NOT VOTING—14 Campbell Hinojosa Pitts tertained. Canady Hobson Pombo Becerra Frost Miller (FL) Votes will be taken in the following Cannon Hoeffel Pomeroy Bilbray Hastings (WA) Minge Cardin Hoekstra Porter Capps John Reyes order: Castle Holden Portman Delahunt Martinez Smith (NJ) H.R. 808, by the yeas and nays; Chabot Hooley Price (NC) Fattah McCrery H. Res. 32, by the yeas and nays; Chambliss Horn Pryce (OH) H. Con. Res. 28, by the yeas and nays. Chenoweth Hostettler Quinn Clement Houghton Radanovich b 1104 These will all be 5-minute votes. Coble Hoyer Rahall f Coburn Hulshof Ramstad Mrs. LOWEY and Mr. PALLONE Collins Hunter Regula changed their vote from ‘‘aye’’ to ‘‘no.’’ THREE-MONTH EXTENSION OF RE- Combest Hutchinson Reynolds Condit Hyde Riley So the bill was passed. ENACTMENT OF CHAPTER 12, Cook Inslee Rodriguez The result of the vote was announced TITLE 11, UNITED STATES CODE Cooksey Isakson Roemer as above recorded. Cox Istook Rogan The SPEAKER pro tempore. The un- Cramer Jenkins Rogers A motion to reconsider was laid on finished business is the question of sus- Crane Johnson (CT) Rohrabacher the table. pending the rules and passing the bill, Cubin Johnson, Sam Ros-Lehtinen Cunningham Jones (NC) Rothman Stated for: H.R. 808, as amended. Danner Kanjorski Roukema Mr. HASTINGS of Washington. Madam The Clerk read the title of the bill. Davis (FL) Kasich Royce Speaker, on rollcall No. 41, I was inadvertently The SPEAKER pro tempore. The Davis (VA) Kelly Ryan (WI) question is on the motion offered by Deal Kind (WI) Ryun (KS) detained. Had I been present, I would have DeGette King (NY) Sabo voted ``yes.'' the gentleman from Pennsylvania (Mr. DeLauro Kingston Salmon GEKAS) that the House suspend the Mr. MINGE. Madam Speaker, during rollcall DeLay Kleczka Sanders rules and pass the bill, H.R. 808, as vote No. 41, on passage of the Educational DeMint Klink Sandlin amended, on which the yeas and nays Deutsch Knollenberg Sanford Partnership Flexibility Act, H.R. 800, I was un- are ordered. Diaz-Balart Kolbe Saxton avoidably detained. Had I been present, I Dickey Kuykendall Scarborough The vote was taken by electronic de- would have voted ``aye.'' Dicks LaHood Schaffer vice, and there were—yeas 418, nays 1, Doggett Lampson Sensenbrenner Mr. MILLER of Florida. Madam Speaker, not voting 14, as follows: Dooley Lantos Sessions earlier today I was inadvertently detained Doolittle Largent Shadegg [Roll No. 42] Doyle Larson Shaw away from the floor during the vote on final YEAS—418 Dreier Latham Shays passage of H.R. 800. This was my only oppor- Duncan LaTourette Sherman tunity to question Attorney General Janet Abercrombie Baker Barton Dunn Lazio Sherwood Ackerman Baldacci Bass Edwards Leach Shimkus Reno about a heinous murder which occurred Aderholt Baldwin Bateman Ehlers Lewis (CA) Shows in my congressional district. The suspect fled Allen Ballenger Bentsen Ehrlich Lewis (KY) Shuster to Mexico, and 15 months later we are still Andrews Barcia Bereuter Emerson Linder Simpson awaiting extradition of this suspect to the Archer Barr Berkley English Lipinski Sisisky Armey Barrett (NE) Berman Eshoo LoBiondo Skeen United States. Had I been present I would Bachus Barrett (WI) Berry Etheridge Lofgren Skelton have voted ``aye.'' Baird Bartlett Biggert H1178 CONGRESSIONAL RECORD — HOUSE March 11, 1999 Bilirakis Franks (NJ) Lowey Ryan (WI) Smith (TX) Towns [Roll No. 43] Bishop Frelinghuysen Lucas (KY) Ryun (KS) Smith (WA) Traficant YEAS—413 Blagojevich Gallegly Lucas (OK) Sabo Snyder Turner Bliley Ganske Luther Salmon Souder Udall (CO) Abercrombie Dingell Kasich Blumenauer Gejdenson Maloney (CT) Sanchez Spence Udall (NM) Ackerman Dixon Kelly Blunt Gekas Maloney (NY) Sanders Spratt Upton Aderholt Doggett Kennedy Boehlert Gephardt Manzullo Sandlin Stabenow Velazquez Allen Dooley Kildee Boehner Gibbons Markey Sanford Stark Vento Andrews Doolittle Kilpatrick Bonilla Gilchrest Martinez Sawyer Stearns Visclosky Archer Doyle Kind (WI) Bonior Gillmor Mascara Saxton Stenholm Walden Armey Dreier King (NY) Bono Gilman Matsui Scarborough Strickland Walsh Bachus Duncan Kingston Borski Gonzalez McCarthy (MO) Schaffer Stump Wamp Baird Dunn Kleczka Boswell Goode McCarthy (NY) Schakowsky Stupak Waters Baker Edwards Klink Boucher Goodlatte McCollum Scott Sununu Watkins Baldacci Ehlers Knollenberg Boyd Goodling McDermott Sensenbrenner Sweeney Watt (NC) Baldwin Ehrlich Kolbe Brady (PA) Gordon McGovern Serrano Talent Watts (OK) Ballenger Emerson Kucinich Brady (TX) Goss McHugh Sessions Tancredo Waxman Barcia Engel Kuykendall Brown (CA) Graham McInnis Shadegg Tanner Weldon (FL) Barr English LaFalce Brown (FL) Granger McIntosh Shaw Tauscher Weldon (PA) Barrett (NE) Eshoo LaHood Brown (OH) Green (TX) McIntyre Shays Tauzin Weller Barrett (WI) Etheridge Lantos Bryant Green (WI) McKeon Sherman Taylor (MS) Wexler Bartlett Evans Largent Burr Greenwood McKinney Sherwood Taylor (NC) Weygand Barton Everett Larson Burton Gutierrez McNulty Shimkus Terry Whitfield Bass Ewing Latham Buyer Gutknecht Meehan Shows Thomas Wicker Bateman Farr LaTourette Callahan Hall (OH) Meek (FL) Shuster Thompson (CA) Wilson Bentsen Fattah Lazio Calvert Hall (TX) Meeks (NY) Simpson Thompson (MS) Wise Bereuter Filner Leach Camp Hansen Menendez Sisisky Thornberry Wolf Berkley Fletcher Lee Campbell Hastings (FL) Metcalf Skeen Thune Woolsey Berman Foley Levin Canady Hastings (WA) Mica Skelton Thurman Wu Berry Forbes Lewis (CA) Cannon Hayes Millender- Slaughter Tiahrt Wynn Biggert Fossella Lewis (GA) Capuano Hayworth McDonald Smith (MI) Tierney Young (AK) Bilirakis Fowler Lewis (KY) Smith (NJ) Toomey Young (FL) Bishop Frank (MA) Linder Cardin Hefley Miller (FL) Blagojevich Franks (NJ) Lipinski Carson Herger Miller, Gary NAYS—1 Bliley Frelinghuysen LoBiondo Castle Hill (IN) Miller, George Blumenauer Gallegly Lofgren Chabot Hill (MT) Minge Paul Blunt Ganske Lowey Chambliss Hilliard Mink NOT VOTING—14 Boehlert Gejdenson Lucas (KY) Chenoweth Hinchey Moakley Boehner Gekas Lucas (OK) Clay Hinojosa Mollohan Becerra Fattah John Bonior Gephardt Luther Clayton Hobson Moore Bilbray Ford McCrery Bono Gibbons Maloney (CT) Clement Hoeffel Moran (KS) Capps Frost Reyes Borski Gilchrest Maloney (NY) Clyburn Hoekstra Moran (VA) Cox Hilleary Weiner Boswell Gillmor Manzullo Morella Delahunt Jefferson Coble Holden Boucher Gilman Markey Coburn Holt Murtha b 1113 Boyd Gonzalez Martinez Collins Hooley Myrick Brady (PA) Goode Mascara Combest Horn Nadler Mrs. MEEK of Florida changed her Brady (TX) Goodlatte Matsui Condit Hostettler Napolitano vote from ‘‘nay’’ to ‘‘yea.’’ Brown (CA) Goodling McCarthy (MO) Conyers Houghton Neal Brown (FL) Gordon McCarthy (NY) Cook Hoyer Nethercutt So (two-thirds having voted in favor Brown (OH) Goss McCollum Cooksey Hulshof Ney thereof) the rules were suspended and Bryant Graham McDermott Costello Hunter Northup the bill, as amended, was passed. Burr Granger McGovern Coyne Hutchinson Norwood The result of the vote was announced Burton Green (TX) McHugh Cramer Hyde Nussle Buyer Green (WI) McInnis Crane Inslee Oberstar as above recorded. Callahan Greenwood McIntosh Crowley Isakson Obey The title of the bill was amended so Calvert Gutierrez McIntyre Cubin Istook Olver as to read: ‘‘A bill to extend for 6 addi- Camp Gutknecht McKeon Cummings Jackson (IL) Ortiz Campbell Hall (OH) McKinney Cunningham Jackson-Lee Ose tional months the period for which Canady Hall (TX) McNulty Danner (TX) Owens chapter 12 of title 11 of the United Cannon Hansen Meehan Davis (FL) Jenkins Oxley States Code is reenacted.’’ Capuano Hastings (FL) Meek (FL) Davis (IL) Johnson (CT) Packard A motion to reconsider was laid on Cardin Hastings (WA) Meeks (NY) Davis (VA) Johnson, E. B. Pallone Carson Hayes Menendez Deal Johnson, Sam Pascrell the table. Castle Hayworth Metcalf DeFazio Jones (NC) Pastor Stated for: Chabot Hefley Mica DeGette Jones (OH) Payne Mr. WEINER. Madam Speaker, on rollcall Chambliss Herger Millender- DeLauro Kanjorski Pease Clay Hill (IN) McDonald DeLay Kaptur Pelosi No. 42, had I been present, I would have Clayton Hill (MT) Miller (FL) DeMint Kasich Peterson (MN) voted ``yea.'' Clement Hilleary Miller, Gary Deutsch Kelly Peterson (PA) f Clyburn Hilliard Miller, George Diaz-Balart Kennedy Petri Coble Hinchey Minge Dickey Kildee Phelps b Coburn Hinojosa Mink Dicks Kilpatrick Pickering 1115 Collins Hobson Moakley Dingell Kind (WI) Pickett Combest Hoeffel Mollohan Dixon King (NY) Pitts EXPRESSING SUPPORT FOR FREE, Condit Hoekstra Moore Doggett Kingston Pombo FAIR, AND TRANSPARENT ELEC- Conyers Holden Moran (KS) Dooley Kleczka Pomeroy TIONS IN INDONESIA Cook Holt Moran (VA) Doolittle Klink Porter Costello Hooley Morella Doyle Knollenberg Portman The SPEAKER pro tempore (Mrs. Cox Horn Murtha Dreier Kolbe Price (NC) EMERSON). The unfinished business is Coyne Hostettler Myrick Duncan Kucinich Pryce (OH) the question of suspending the rules Cramer Houghton Nadler Dunn Kuykendall Quinn Crane Hoyer Napolitano Edwards LaFalce Radanovich and agreeing to the resolution, House Crowley Hulshof Neal Ehlers LaHood Rahall Resolution 32. Cubin Hunter Nethercutt Ehrlich Lampson Ramstad The Clerk read the title of the resolu- Cummings Hutchinson Ney Emerson Lantos Rangel Cunningham Hyde Northup Engel Largent Regula tion. Danner Inslee Norwood English Larson Reynolds The SPEAKER pro tempore. The Davis (FL) Isakson Nussle Eshoo Latham Riley question is on the motion offered by Davis (IL) Istook Oberstar Etheridge LaTourette Rivers the gentleman from Nebraska (Mr. BE- Davis (VA) Jackson (IL) Obey Evans Lazio Rodriguez Deal Jackson-Lee Olver Everett Leach Roemer REUTER) that the House suspend the DeFazio (TX) Ortiz Ewing Lee Rogan rules and agree to the resolution, DeGette Jefferson Ose Farr Levin Rogers House Resolution 32, on which the yeas DeLauro Jenkins Owens Filner Lewis (CA) Rohrabacher DeLay Johnson (CT) Oxley Fletcher Lewis (GA) Ros-Lehtinen and nays are ordered. DeMint Johnson, E. B. Packard Foley Lewis (KY) Rothman This is a 5-minute vote. Deutsch Johnson, Sam Pallone Forbes Linder Roukema The vote was taken by electronic de- Diaz-Balart Jones (OH) Pascrell Fossella Lipinski Roybal-Allard vice, and there were—ayes 413, noes 6, Dickey Kanjorski Pastor Fowler LoBiondo Royce Dicks Kaptur Payne Frank (MA) Lofgren Rush not voting 14, as follows: March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1179

Pease Scarborough Taylor (NC) GILMAN) that the House suspend the Meehan Radanovich Stark Pelosi Schaffer Terry Meek (FL) Rahall Stearns Peterson (MN) Schakowsky Thomas rules and agree to the concurrent reso- Meeks (NY) Ramstad Stenholm Peterson (PA) Scott Thompson (CA) lution, House Concurrent Resolution Menendez Rangel Strickland Petri Sensenbrenner Thompson (MS) 28, as amended, on which the yeas and Metcalf Regula Stump Phelps Serrano Thornberry nays are ordered. Mica Reynolds Stupak Pickering Sessions Thune Millender- Riley Sununu Pickett Shadegg Thurman This is a 5-minute vote. McDonald Rivers Sweeney Pitts Shaw Tiahrt The vote was taken by electronic de- Miller (FL) Rodriguez Talent Pomeroy Shays Tierney Miller, Gary Roemer Tancredo Porter Sherman Toomey vice, and there were—yeas 421, nays 0, Miller, George Rogan Tanner Portman Sherwood Towns not voting 12, as follows: Minge Rogers Tauscher Price (NC) Shimkus Traficant Mink Rohrabacher Tauzin Pryce (OH) Shows Turner [Roll No. 44] Moakley Ros-Lehtinen Taylor (MS) Quinn Shuster Udall (CO) YEAS—421 Mollohan Rothman Taylor (NC) Radanovich Simpson Udall (NM) Moore Roukema Terry Rahall Sisisky Upton Abercrombie Danner Hoeffel Moran (KS) Roybal-Allard Thomas Ramstad Skeen Velazquez Ackerman Davis (FL) Hoekstra Moran (VA) Royce Thompson (CA) Regula Skelton Vento Aderholt Davis (IL) Holden Morella Rush Thompson (MS) Reynolds Slaughter Visclosky Allen Davis (VA) Holt Murtha Ryan (WI) Thornberry Riley Smith (MI) Walden Andrews Deal Hooley Myrick Ryun (KS) Thune Rivers Smith (NJ) Walsh Archer DeFazio Horn Nadler Sabo Thurman Rodriguez Smith (TX) Wamp Armey DeGette Hostettler Napolitano Salmon Tiahrt Roemer Smith (WA) Waters Bachus DeLauro Houghton Neal Sanchez Tierney Rogan Snyder Watkins Baird DeLay Hoyer Nethercutt Sanders Toomey Rogers Souder Watt (NC) Baker DeMint Hulshof Ney Sandlin Towns Rohrabacher Spence Waxman Baldacci Deutsch Hunter Northup Sanford Traficant Ros-Lehtinen Spratt Weldon (FL) Baldwin Diaz-Balart Hutchinson Norwood Sawyer Turner Rothman Stabenow Weldon (PA) Ballenger Dickey Hyde Nussle Saxton Udall (CO) Roukema Stark Weller Barcia Dicks Inslee Oberstar Scarborough Udall (NM) Roybal-Allard Stearns Wexler Barr Dingell Isakson Obey Schaffer Upton Royce Stenholm Weygand Barrett (NE) Dixon Istook Olver Schakowsky Velazquez Rush Strickland Whitfield Barrett (WI) Doggett Jackson (IL) Ortiz Scott Vento Ryan (WI) Stump Wicker Bartlett Dooley Jackson-Lee Ose Sensenbrenner Visclosky Ryun (KS) Stupak Wilson Barton Doolittle (TX) Owens Serrano Walden Sabo Sununu Wise Bass Doyle Jefferson Oxley Sessions Walsh Salmon Sweeney Wolf Bateman Dreier Jenkins Packard Shadegg Wamp Sanchez Talent Woolsey Bentsen Duncan Johnson (CT) Pallone Shaw Waters Sanders Tancredo Wynn Bereuter Dunn Johnson, E. B. Pascrell Shays Watkins Sandlin Tanner Young (AK) Berkley Edwards Johnson, Sam Pastor Sherman Watt (NC) Sanford Tauscher Young (FL) Berman Ehlers Jones (NC) Paul Sherwood Watts (OK) Sawyer Tauzin Berry Ehrlich Jones (OH) Payne Shimkus Weiner Saxton Taylor (MS) Biggert Emerson Kanjorski Pease Shows Weldon (FL) Bilirakis Engel Kaptur Pelosi Shuster Weldon (PA) NAYS—6 Bishop English Kasich Peterson (MN) Simpson Weller Bonilla Cooksey Paul Blagojevich Eshoo Kelly Peterson (PA) Sisisky Wexler Chenoweth Jones (NC) Pombo Bliley Etheridge Kennedy Petri Skeen Weygand Blumenauer Evans Kildee Phelps Skelton Whitfield NOT VOTING—14 Blunt Everett Kilpatrick Pickering Slaughter Wicker Boehlert Ewing Kind (WI) Becerra Frost Reyes Pitts Smith (MI) Wilson Boehner Farr King (NY) Bilbray John Watts (OK) Pombo Smith (NJ) Wise Bonilla Fattah Kingston Capps Lampson Weiner Pomeroy Smith (TX) Wolf Bonior Filner Kleczka Delahunt McCrery Wu Porter Smith (WA) Woolsey Bono Fletcher Klink Ford Rangel Portman Snyder Wu Borski Foley Knollenberg Price (NC) Souder Wynn b 1120 Boswell Forbes Kolbe Pryce (OH) Spence Young (AK) Boucher Ford Kucinich Quinn Spratt Young (FL) So (two-thirds having voted in favor Boyd Fossella Kuykendall thereof) the rules were suspended and Brady (PA) Fowler LaFalce NOT VOTING—12 Brady (TX) Frank (MA) LaHood Becerra Delahunt Pickett the resolution was agreed to. Brown (CA) Franks (NJ) Lampson The result of the vote was announced Bilbray Frost Reyes Brown (FL) Frelinghuysen Lantos Capps John Stabenow as above recorded. Brown (OH) Gallegly Largent Chambliss McCrery Waxman A motion to reconsider was laid on Bryant Ganske Larson Burr Gejdenson Latham b 1130 the table. Burton Gekas LaTourette Stated for: Buyer Gephardt Lazio So (two-thirds having voted in favor Mr. WEINER. Madam Speaker, on rollcall Callahan Gibbons Leach thereof) the rules were suspended and No. 43, had I been present, I would have Calvert Gilchrest Lee the concurrent resolution, as amended, Camp Gillmor Levin voted ``yea.'' Campbell Gilman Lewis (CA) was agreed to. Mr. WU. Madam Speaker, during rollcall Canady Gonzalez Lewis (GA) The result of the vote was announced vote No. 43, on H. Res. 32, I was unavoidably Cannon Goode Lewis (KY) as above recorded. Capuano Goodlatte Linder detained. Had I been present, I would have Cardin Goodling Lipinski A motion to reconsider was laid on voted ``yes.'' Carson Gordon LoBiondo the table. f Castle Goss Lofgren Stated for: Chabot Graham Lowey Ms. STABENOW. Mr. Speaker, during roll- SENSE OF CONGRESS URGING Chenoweth Granger Lucas (KY) call vote No. 44 on H. Con. Res. 28, I was un- CRITICISM OF PEOPLE’S REPUB- Clay Green (TX) Lucas (OK) Clayton Green (WI) Luther avoidably detained. Had I been present, I LIC OF CHINA FOR HUMAN Clement Greenwood Maloney (CT) would have voted ``yea.'' RIGHTS ABUSES IN CHINA AND Clyburn Gutierrez Maloney (NY) f TIBET AT ANNUAL MEETING OF Coble Gutknecht Manzullo UNITED NATIONS COMMISSION Coburn Hall (OH) Markey PEACEKEEPING OPERATIONS IN Collins Hall (TX) Martinez ON HUMAN RIGHTS Combest Hansen Mascara KOSOVO RESOLUTION The SPEAKER pro tempore. The un- Condit Hastings (FL) Matsui Mr. DIAZ-BALART. Mr. Speaker, by Conyers Hastings (WA) McCarthy (MO) finished business is the question of sus- Cook Hayes McCarthy (NY) direction of the Committee on Rules, I pending the rules and agreeing to the Cooksey Hayworth McCollum call up House Resolution 103 and ask concurrent resolution, House Concur- Costello Hefley McDermott for its immediate consideration. Cox Herger McGovern rent Resolution 28, as amended. Coyne Hill (IN) McHugh The Clerk read the resolution, as fol- The Clerk read the title of the con- Cramer Hill (MT) McInnis lows: current resolution. Crane Hilleary McIntosh H. RES. 103 The SPEAKER pro tempore. The Crowley Hilliard McIntyre Cubin Hinchey McKeon Resolved, That at any time after the adop- question is on the motion offered by Cummings Hinojosa McKinney tion of this resolution the Speaker may, pur- the gentleman from New York (Mr. Cunningham Hobson McNulty suant to clause 2(b) of rule XVIII, declare the H1180 CONGRESSIONAL RECORD — HOUSE March 11, 1999 House resolved into the Committee of the As a Member of this great body and deserves. We have a solemn duty to Whole House on the state of the Union for now as your Speaker, I have never perform. And let us do it with the dig- consideration of the concurrent resolution wavered in my belief and trust in this nity that brings credit to this great (H. Con. Res. 42) regarding the use of United States Armed Forces as part of a NATO institution. Some have argued that we House. peacekeeping operation implementing a should not have this debate today, that Mr. DIAZ-BALART. Mr. Speaker, I Kosovo peace agreement. The first reading of we should just leave it to the Presi- yield myself such time as I may con- the concurrent resolution shall be dispensed dent. Some have even suggested that sume. with. General debate shall be confined to the taking part and talking about this Mr. Speaker, House Resolution 103 is concurrent resolution and shall not exceed could damage the peace process. I dis- a modified open rule providing for the two hours equally divided and controlled by agree. No one should fear the free ex- consideration, as the Speaker of the the chairman and ranking minority member of the Committee on International Rela- pression of ideas, the frank exchange of House has just explained, of House Con- tions. After general debate the concurrent opinions in a representative democ- current Resolution 42, the Peacekeep- resolution shall be considered for amend- racy. Two weeks ago, the German Bun- ing Operations in Kosovo Resolution. ment under the five-minute rule. The con- destag held an extensive debate and The purpose of the resolution is to current resolution shall be considered as voted on whether or not Germany authorize the President to deploy read. No amendment to the concurrent reso- should deploy over 5,000 German troops United States armed forces to Kosovo lution shall be in order except those printed in Kosovo. The British Parliament has and just as importantly it makes pos- in the portion of the Congressional Record designated for that purpose in clause 8 of also discussed the deployment of Brit- sible congressional discussion of this rule XVIII and except pro forma amendments ish troops in Kosovo. I do not believe very complex situation. for the purpose of debate. Each amendment that any harm has been done to the The rule provides for 2 hours of gen- so printed may be offered only by the Mem- peace process by the workings of these eral debate equally divided between the ber who caused it to be printed or his des- two great democracies. In fact, one chairman and the ranking minority ignee and shall be considered as read. The message which should come from this member of the Committee on Inter- chairman of the Committee of the Whole debate and those held in the par- national Relations. It is the intention may: (1) postpone until a time during further of the rule that the managers of gen- consideration in the Committee of the Whole liaments of our allies is that a free peo- a request for a recorded vote on any amend- ple can disagree without violence and eral debate yield time fairly to Repub- ment; and (2) reduce to five minutes the min- bloodshed. lican and Democratic proponents and imum time for electronic voting on any post- On this important subject, I have opponents of the concurrent resolution. poned question that follows another elec- tried to be direct and honest. I have Further, the bill provides that the tronic vote without intervening business, spoken with the President and with his concurrent resolution shall be consid- provided that the minimum time for elec- Secretary of State. I told them that I ered as read and makes in order only tronic voting on the first in any series of believed it was my duty as Speaker to those amendments preprinted in the questions shall be 15 minutes. At the conclu- sion of consideration of the concurrent reso- ensure that Members of the House of CONGRESSIONAL RECORD, to be offered lution for amendment the Committee shall Representatives, Republicans and only by the Member who caused the rise and report the concurrent resolution to Democrats, have the opportunity to amendment to be printed, or his des- the House with such amendments as may fairly and openly debate the important ignee, and each amendment shall be have been adopted. The previous question issue before troops are sent into a po- considered as read. shall be considered as ordered on the concur- tentially dangerous situation. I believe In addition, the rule allows the rent resolution to final adoption without in- Congress must have a meaningful role Chairman of the Committee of the tervening motion except one motion to re- in this decision, no matter how dif- Whole to postpone votes during consid- commit with or without instructions. ficult our choice nor how hard our eration of the bill and to reduce voting The SPEAKER pro tempore (Mr. task. time to 5 minutes on votes following a BURR of North Carolina). The gen- I have been equally honest in telling 15-minute vote. Finally, the rule pro- tleman from Florida (Mr. DIAZ- the President that I personally have vides one motion to recommit, with or BALART) is recognized for 1 hour. reservations regarding the wisdom of without instructions. Mr. DIAZ-BALART. Mr. Speaker, for deploying the additional U.S. troops to Mr. Speaker, House Resolution 103 is the purpose of debate only, I yield the the former Yugoslavia, but I have not a fair framework to provide a forum to customary 30 minutes to the gen- made up my mind and I will listen in- debate the issues surrounding the pos- tleman from Ohio (Mr. HALL). During tently and closely to this debate. I sible deployment of U.S. troops for par- consideration of this resolution, all hope that each of you will do the same, ticipation in a NATO peacekeeping time yielded is for the purpose of de- force in Kosovo. Any Member can offer bate only. because it is our heavy responsibility Mr. Speaker, I yield such time as he and high honor to represent the men any germane amendment to this reso- may consume to the distinguished and women who are being asked by the lution providing the amendment was Speaker of the House of Representa- President to go into harm’s way. Each preprinted in the CONGRESSIONAL tives. of us must be prepared to answer to RECORD prior to its consideration. The Mr. HASTERT. Mr. Speaker, I thank their families and loved ones. I am gentleman from California (Mr. the gentleman from Florida for yield- deeply convinced that we owe them to- DREIER) made this announcement on ing me this time. I rise in support of day’s debate, for under our Constitu- Monday, March 8, on the House floor, this rule. I would like to address the tion we share this burden with our as well as through a Dear Colleague House for a few moments on the issue President. letter to Members. we are preparing to consider, the pos- Our debate today will enable each of It has been well known, including in sible deployment of U.S. troops to us to carry out our responsibilities in a fact through constant press reports, Kosovo. fair and thoughtful way. The gen- that the House would be debating this The President has made it clear that tleman from New York (Mr. GILMAN), difficult issue this week. In spite of the he is committed to sending approxi- at my request, has offered without snowstorm we had on Tuesday, Mem- mately 4,000 U.S. troops to Kosovo as prejudice this resolution stating the bers have known for weeks that we part of a NATO force intended to keep President’s position, that troops be de- would be taking up this issue prior to the peace. I am convinced that the ployed. I urge the adoption of this open the March 15 peace talks in France, the President firmly believes the presence rule that allows every Member of this deadline. Were it not for this fair rule, of U.S. troops in Kosovo is essential to House to have a say and to amend this if, for example, we had brought maintaining peace in this troubled resolution. We have set in place a fair H.Con.Res. 42 to the floor under suspen- area. Like every American, I hope the and open process. We are here to dis- sion of the rules, it would be non- Serbs and the Kosovars are able to cuss sensitive issues of policy and not amendable and would be allowed only achieve a peaceful resolution to their personality. And let me repeat, we are 40 minutes of debate. Therefore, I think dispute. We all pray for that outcome. here today to discuss policy and not it is very important that Members sup- Kosovo is a great human tragedy, personality. I know it does not need to port this rule, regardless of their posi- fanned by injustice and unexplained be said, but I urge all Members to treat tion on deployment or nondeployment hatred. this issue with the seriousness that it of troops, because Congress has every March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1181 right to be debating this resolution 50,000 of the best troops would produce our national interest to take it up today and this rule provides a fair way anything like order in these parts. today in the middle of the peace talks to do so. That statement was made by Prime that appear to be succeeding. Some Members as well as other for- Minister Benjamin Disraeli in October Yesterday at the hearing of the Com- eign policy experts have questioned the 1878. Unfortunately his words still ring mittee on Rules the gentleman from timing of this debate while peace nego- true today. Connecticut (Mr. GEJDENSON), who is tiations have not been concluded. But In summary, the Congress, Mr. the ranking Democratic member of the if Congress is to deliberate these seri- Speaker, has every right to debate House Committee on International Re- ous issues prior to the possible deploy- whether we should put U.S. troops in lations warned against bringing this ment of U.S. troops, now is the time. harm’s way before they are sent. That resolution to the House floor today. He March 15, the proposed deadline for a is the reason for today’s debate. testified that it seriously undermines peace agreement for Kosovo, is this I urge my colleagues to support this the prospects for reaching peace in the Monday, and U.S. troops could be on fair rule so that the House will have region and could lead to more warfare. their way to Kosovo Monday night if the opportunity to debate this very Secretary of State Madeleine agreement is reached. critical issue regarding the possible de- Albright sounded a similar note of As the gentleman from Florida (Mr. ployment of our troops to Kosovo. I alarm. Yesterday she testified before GOSS) stated at the Committee on would urge my colleagues to support the Subcommittee on Commerce, Jus- Rules during our markup, there is no the rule. tice, State, and Judiciary that this perfect time for this. At least two of Mr. Speaker, I reserve the balance of vote will be taken as a green light for the Members of the six-nation contact my time. the warring parties to continue fight- group on Kosovo, Germany and Great Mr. HALL of Ohio. Mr. Speaker, I ing. During the Committee on Rules con- Britain, as the Speaker of the House yield myself such time as I may con- sideration the gentleman from Massa- just made reference, have debated in sume. chusetts (Mr. MOAKLEY), the ranking their parliaments this precise issue Mr. Speaker, I want to thank the Democratic member, offered an amend- this past month. Now is indeed an ap- gentleman from Florida (Mr. DIAZ- ment to the rule postponing consider- propriate time for the United States BALART) for yielding me the time. This ation of the resolution until the end of House of Representatives as the sov- is a modified open rule. It will allow the current peace negotiations, and ereign representative body of the for consideration of House Concurrent that amendment was defeated on a American people to take up the issue of Resolution 42 which, as my colleagues have heard, is a resolution authorizing straight party line vote. Mr. MOAKLEY possible deployment of our troops to also offered an amendment to the rule join a NATO force. the President to deploy United States troops to Kosovo. As my colleague has making in order a floor amendment by The situation in Kosovo is indeed the gentleman from Connecticut (Mr. precarious. It has now been over a year described, this rule provides for 1 hour GEJDENSON) supporting the peace proc- since fighting broke out between the of general debate to be equally divided and controlled by the chairman and ess and authorizing the deployment of Albanian rebels and the Serbian forces troops if a fair and just peace agree- in Kosovo and in spite of an October ranking minority member of the Com- mittee on International Relations. The ment is reached. The amendment was 1998 cease-fire agreement, hostilities also defeated on a straight party line have continued. rule permits amendments under the 5- minute rule, which is the normal vote. b Perhaps when the time comes under 1145 amending process in the House. Under the right conditions Congress should March 15 is the current deadline for this rule, only amendments which have support the deployment of troops to negotiations to be completed on a been preprinted in the CONGRESSIONAL peace agreement. What is at issue is Kosovo, and perhaps when the time RECORD will be in order. comes Congress should oppose the the expansion of the U.S. role in The Committee on Rules has crafted move. But the time is not today. Kosovo and whether U.S. troops should a rule which at another time would be We in Dayton, Ohio, know about be deployed to participate in a NATO acceptable. However I believe that the peace negotiations in Kosovo and Ser- peace mission should a peace agree- Kosovo resolution should not be bia. We know how sensitive they can ment be reached. brought up at this time. Therefore I be. We also know how important they Historically it is well known that the will oppose the previous question so can be because for a brief moment the Balkans have been a tinder box for re- that the rule can be amended. negotiations of the 1995 accord lived in gional wars, and we must not forget For most Americans Kosovo and Ser- my community. Let us let the adminis- that World War I began in that part of bia are only distant points on the tration negotiate a peace without Con- the world. globe, but that is not so for the com- gress sending the wrong signal, and we In 1995, as a member of the Commit- munity of Dayton, Ohio, the commu- should not bring up the resolution tee on Rules, I brought to the floor the nity which I represent, because it was today. Bosnia-Herzegovina Self-defense Act to my community of Dayton that hosted If the previous question is defeated, I end the arms embargo on Bosnia. That the peace talks in 1995 that led to the will offer an amendment to the rule embargo was morally wrong, and I be- fragile peace that we are trying to pre- which will permit the Kosovo resolu- lieve that it was legally questionable serve. Today there is continued unrest tion to come up only after the two par- as well from the very beginning. While between the Serbians and the Alba- ties have signed the agreement on the not contiguous with Bosnia, where U.S. nians in Kosovo. The conflict has al- status of Kosovo. The delay is nec- troops are currently deployed, the dan- ready left more than a thousand civil- essary to ensure that the actions of the gers of a spill-over effect and renewed ians dead and as many as 400,000 home- House do not interfere with the peace violence in the region have been real- less. If left unchecked, the turmoil negotiations in Kosovo. ized in the Serbian province of Kosovo. could lead to a broader war in Europe. Before concluding I want to express I am extremely concerned by the geno- However there is hope. Sensitive my appreciation to the gentleman from cidal attacks on civilians in Kosovo. As peace talks are taking place in the re- California (Mr. DREIER) and to the Re- a British statesman said while debat- gion. Through the efforts of Bob Dole publicans on the Committee on Rules ing the situation in the Balkans: the Albanians appear to be ready to for keeping this a relatively unre- No language can describe adequately sign a peace agreement. The United stricted rule and for permitting the the condition of that large portion of States and its allies continue to press motion to recommit. I am heartened by the Balkan peninsula, Serbia, Bosnia, the parties to restore peace to the re- the bipartisan spirit in which gen- Herzegovina and the other provinces, gion. tleman from California (Mr. DREIER) political intrigues, constant rivalries, a My concern with this resolution is approached this rule, and I believe this total absence of public spirit, hatred of not whether Congress has the right to sends a positive signal at the beginning all races, animosities of rival religions authorize the commitment of U.S. of this Congress. Our differences are and an absence of any controlling troops; we have that right. My concern not in the crafting of the rule, only in power, nothing short of an army of with this resolution is whether it is in the timing. H1182 CONGRESSIONAL RECORD — HOUSE March 11, 1999 Mr. Speaker, I reserve the balance of In April at NATO’s 50th anniversary least 15 ethnic Albanians including el- my time. to be celebrated here in Washington derly people and children. Human Mr. DIAZ-BALART. Mr. Speaker, I the Alliance will announce its new Rights Watch has evidence suggesting yield 4 minutes to the distinguished strategic concept for the direction and that the Serbians had, and I quote, ‘‘di- gentleman from Florida (Mr. GOSS), a mission of NATO. Will this document rect orders to kill village inhabitants member of the Committee on Rules and explain why NATO must intervene in over the age of 15.’’ In Rogovo, just 2 chairman of the Permanent Select Kosovo, an area outside the treaty weeks later Serbian police raided a Committee on Intelligence. boundary, but not intervene in an area, farming village and executed 25 people. (Mr. GOSS asked and was given per- say, in Africa where there is genocide This has gone on for a year, it has mission to revise and extend his re- and a civil war going where human suf- gone on for more than a year, but with- marks.) fering is just as great. in the last year we have seen these Mr. GOSS. Mr. Speaker, I thank my Mr. Speaker, when President Clinton numbers rise to 2,000 people. colleague from Florida for yielding me first proposed sending U.S. troops to Why would Milosevic do anything but this time. Kosovo, he laid out the following cri- stall, not agree to a peace agreement, Mr. Speaker, today the House will de- teria: a strong and effective peace if the United States Congress says in a bate whether to send U.S. troops to agreement with full participation by vote later today, if this rule passes, Kosovo, an issue that may seem to both parties, a permissive security en- that we, in fact, will not deploy troops? have little relevance to the lives of vironment, including the disarmament We will be giving him a green light, many Americans in this time of very of the Kosovar power militaries and a and we will be seeing more Racaks, we blue skies in this country which we are well-defined NATO mission with a will be seeing more slaughters as we fortunate to enjoy. But appearances clear exit strategy. These criteria are a saw in Rogovo, and we will be in an aside, the decisions we make about good starting point for the congres- unvirtuous circle of islands in which Kosovo will affect the course of the sional consideration. we undoubtedly will have to revisit United States and our allies in the Later today I or others may offer again on this House floor. world over the next several years. amendments to this resolution to en- Just today, while Richard Holbrooke This matters. It is a critically impor- was talking with Milosevic yesterday, tant debate, and I urge Members to sure that these criteria and other equally important ones are met before violence continued, and there is a pic- give it their most thoughtful atten- ture in the New York Times showing tion. U.S. troops are sent to Kosovo. Before I vote to support sending our the deaths of people in the village of Some may question whether this is Ivaja in Kosovo. the right time for a congressional de- men and women in uniform to Kosovo, b bate, as we have already heard, about people in my district want to know the 1200 sending U.S. troops to Kosovo. Once an exit strategy as well as the entry strat- This slaughter must stop, and the agreement is reached, the Clinton ad- egy. They want to know how this fits way to stop it is to stop this resolution ministration has announced that it into our national interest, and they from coming to the floor of the House, will deploy troops forthwith to begin want to know the costs. These are and we can do that by voting against enforcement of the agreement. So when basic questions that we in Congress the rule. Arthur Vandenberg once said is the right time to debate the issue? should raise so that the American peo- that politics should stop at the water’s The answer is before our men and ple are fully informed. Getting answers edge when it comes to foreign policy. women in uniform are placed in harm’s from the administration is part of our Bob Dole asked us not to do this yes- way. job description, especially when the use terday. Let us not do this. Let us stop I am concerned that the administra- of our men and women in uniform is in- here. Vote no on this rule. Then we can tion tends to place U.S. troops into a volved. have a good debate on this issue when dangerous situation where they are This rule provides for full debate. I the issue comes before us when an unwelcomed by both parties and do not urge its support. agreement occurs in this troubled land. have clear marching orders. Serbian Mr. HALL of Ohio. Mr. Speaker, I Mr. DIAZ-BALART. Mr. Speaker, I President Milosevic, an unsavory yield 3 minutes to the gentleman from yield 2 minutes to the distinguished strong man in my view, refuses to ac- Michigan (Mr. BONIOR). gentleman from Georgia (Mr. LINDER). cept the presence of foreign troops on Mr. BONIOR. Mr. Speaker, I thank Mr. LINDER. Mr. Speaker, I thank Serbian soil, and the Kosovar rebels on the gentleman from Ohio (Mr. HALL) the gentleman from Florida (Mr. DIAZ- their part refuse to give up their ulti- for yielding me the time, and again I BALART) for yielding. mate goal of independence from Serbia. rise to say that the timing of this reso- Mr. Speaker, I rise in support of H. Of even greater concern is the possibil- lution could not be worse, not the fact Res. 103, the rule providing for consid- ity that the NATO mission may have that we are debating it. I think the eration of the resolution regarding the unintended consequence of desta- fact that they have allowed a debate peacekeeping operations in Kosovo. bilizing the region by encouraging sep- and under a generally open rule is a This rule ensures a free and open de- aratism in neighboring areas, a situa- positive sign, as my friend from Ohio bate and provides Members the oppor- tion we are already familiar with. has stated. But having this debate and tunity to have their voices heard on Mr. Speaker, there is no question having this vote in the midst of nego- this very important matter involving that the humanitarian crisis in Kosovo tiations makes little sense and, in fact, the lives of our troops. cries out for international attention undermines those negotiations. The modified open rule passed the and assistance. But the real question Mr. Speaker, I think it is important House Committee on Rules and it did is: How should the United States of for us to review where we have been in not provide any preferential waivers. It America respond? Is the answer always the Balkans. In Bosnia tens of thou- allows for all germane amendments the commission of U.S. forces no mat- sands of people lost their lives, thou- and complies with the request of the ter what? Listening to the Clinton ad- sands of women were raped, hundreds gentleman from Connecticut (Mr. ministration, we would think that of thousands of people displaced from GEJDENSON), who requested that all bombing and deployment of troops is their home before we had the courage amendments be preprinted in the CON- the only solution available to us. to finally say no, and within the past GRESSIONAL RECORD. I am also concerned about the impli- year in Kosovo we have had 2000 people The passage of this rule will, I admit, cations of the administration’s Kosovo killed, we have had 400,000 people dis- lead to a wide open discussion on a plans on the future of NATO. For sev- placed in Slobodan Milosevic’s geno- very public issue, with the prospect of eral years NATO has been grappling cidal campaign of violence and human counter argument and earnest debate. I with its role in the post cold war pe- rights abuses against the 2 million eth- welcome that debate and I expect it to riod. The administration’s headlong nic Albanians. be an extraordinary exchange of ideas rush to support deployment of NATO Mr. Speaker, this is not the time to and opinions. troops outside the treaty area risks have this resolution on the floor of the I will be honest in stating that I have damage to the delicate consensus that House. On the 15th of January, at grave reservations about the deploy- underlies the alliance. Racak, Serbian special police shot at ment of American troops in Kosovo, March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1183 but I also do not see anything wrong proper and uncalled for because it I want to say this in the strongest with giving Members the opportunity could very well change the agreement, possible terms, considering this vote to listen closely to the arguments on cause there not to be an agreement and today is so ill-timed as to adversely af- each side of the debate. cause confusion in that part of the Bal- fect the peace negotiations ongoing in Our allies, Great Britain and Ger- kans. the Balkans. It has taken us so long to many, have deliberated and engaged in I wish that everyone could have been build the coalition that we have been this debate already, and that leads us with me to witness the four-starred able to build in that part of the world, to the question underlying the rule we German general who is the second in and we understand this. This Congress are discussing today: Should the command at NATO a few weeks ago says they have the obligation to ensure United States House of Representatives when I asked him why is it important that the diplomats in the region ex- have the opportunity to participate in that America be involved in Europe haust all possible means in their nego- the decision to deploy our troops in and in NATO? tiations. Kosovo and debate it today? His answer was a full and complete Like the gentleman from Missouri My personal view is that it would be one, which said it is important that (Mr. SKELTON), I wish that we had been better if we did not. I would prefer that America be there. I think that if Amer- able to debate this issue in the com- this resolution inform the President ica should be there, we should have the mittee before it came to the House that we are unwilling to fund his ad- opportunity to do it the right way, the floor to see what the needs are, how venturism without clear rules of en- right time and under the right resolu- many troops, the equipment. So I gagement, exit strategies, specific tion and the right vote. think that it has all been done in good goals and a budget. We have a constitu- Mr. DIAZ-BALART. Mr. Speaker, I faith but it is ill-timed. tional responsibility to participate in yield 2 minutes to the distinguished We also have a unique responsibility decisions putting our troops in harm’s gentleman from North Carolina (Mr. in this situation, as we do in most way. I do believe that would better be COBLE). global spots. We are the world’s only the question before us. (Mr. COBLE asked and was given per- remaining superpower. We have more Having said that, I urge Members to mission to revise and extend his re- and better military might than any support the fair rule that will initiate marks.) other country in the world. If we are a full and open debate regarding the de- Mr. COBLE. Mr. Speaker, I thank the indeed the only remaining superpower, ployment of young Americans’ lives in gentleman from Florida (Mr. DIAZ- then that status brings certain obliga- a dangerous foreign land. BALART) for yielding. tions and responsibilities. This is why I Mr. HALL of Ohio. Mr. Speaker, I Mr. Speaker, I usually vote consist- say, let us discuss it further. yield 3 minutes to the gentleman from ently in favor of rules, and I may vote I just got back from Bosnia 4 days Missouri (Mr. SKELTON), who is the for this rule, but I am opposed to our ago. The morale of our troops is high ranking member of the Committee on dispatching troops to Kosovo, not un- and, not only that, they believe in the Armed Services. like my friend, the gentleman from mission that they are conducting in Mr. SKELTON. Mr. Speaker, I thank Missouri (Mr. SKELTON) who just spoke. that part of the world. They said for the gentleman from Ohio (Mr. HALL) I recall Bosnia. The President told us the first time we have seen young chil- for yielding to me. our troops would be back home, I be- dren play in the parks, play in the Mr. Speaker, I speak against the lieve, by December 1996. Well, when I streets, go to school. So please help us rule. I will vote against the rule. I am last checked, December 1996 has come defeat this rule. deeply concerned that taking this mat- and long gone and our troops are still Mr. DIAZ-BALART. Mr. Speaker, I ter up now in the midst of negotiations there. I was uneasy about it because I yield 2 minutes to the distinguished between the opposing parties, the could not grasp the importance of our gentleman from California (Mr. Kosovars and Milosevic’s people, will national security vis-a-vis Bosnia. Now CUNNINGHAM). cause great harm and great damage to Kosovo is on the screen and, unlike Mr. CUNNINGHAM. Mr. Speaker, the negotiating process. Bosnia, as best I remember it, I do not this is exactly the time to have this Should what we do today cause there think we have even been invited to discussion, exactly the time. It may to be no agreement, we would have come to Kosovo. not be the time for negotiators and lost, Europe would have lost and there Given these two situations, I don’t bean counters but it is for our troops. will be continued bloodshed and an- mean to portray myself as an isolation- I remember Somalia, where the guish in Kosovo. I think it is wrong to ist but to suggest that Bosnia and President did not come to Congress take this up now. It is untimely. It is Kosovo are European problems that when he changed going after Aideed, improper to do so. should be resolved by Europeans hardly and we lost 22 rangers because they Secondly, as it was mentioned by my constitutes isolationism. It is isola- failed to give armor which the military friend, the gentleman from Ohio (Mr. tionism light at its best, if that. wanted; or Haiti, that we are today HALL), I am the ranking member on I just believe that we do not need to spending $25 million a year in building the Committee on Armed Services. insert our oars into those waters, and I schools and roads out of the defense This deals with the military of the don’t mean to come across as uncaring budget. United States of America. or indifferent to the problems plaguing Kosovo is like any of the United We in our committee should have had Europe, but doggone it, it is indeed a States is to Greater Serbia. It is not a the opportunity to have had a hearing European problem. separate entity. It is the birthplace of to find out what troops, under what Let our European friends handle it the Orthodox Catholic religion. It is conditions and if there is a possibility unless it becomes a situation that their home. It was occupied by 100 per- of saving some other deployments be- causes United States national security cent Serbs, and the Turks and the cause we are short on troops today. to be exposed. Nazis eliminated and desecrated and These are questions that we in our Now, absent that, Mr. Speaker, and ethnically cleansed Jews, Gypsies and committee should have had the oppor- my colleagues on both sides, I think we Serbs and now the population is Alba- tunity to ask, a full and fair hearing in need to go about our business here. Let nian. the Committee on Armed Services, our friends across the water, as my late Albania does not want just Kosovo. which we did not have. grandma used to say, let them resolve They want part of Greece. They want Thirdly, I would like to mention that those problems. Montenegro. This is only a beginning. I also have an amendment, should this Mr. HALL of Ohio. Mr. Speaker, I Listen to George Tenet’s brief. Bin rule carry, which I hope in all sincerity yield 2 minutes to the gentleman from Laden is working with the KLA, the it does not. I will have an amendment Texas (Mr. ORTIZ) terrorists, that is going to hit the that requires that there be an agree- Mr. ORTIZ. Mr. Speaker, I rise today United States. If we do not want to ment between the parties before any as a member of the House Committee stop this, then do not talk about it, but American troops are allowed to go into on Armed Services to oppose the rule if we go in there, we are going to lose Kosovo. That is the bottom line. Right allowing the House to consider House a great number of people. For what? now, bringing up this resolution is im- Resolution 42 regarding Kosovo. They have been fighting for 400 years. H1184 CONGRESSIONAL RECORD — HOUSE March 11, 1999 This debate is well timed. Maybe not There are atrocities occurring in seen it on funding, and now the Demo- for my colleagues on the other side but Kosovo. It is a proper mission for hu- crats are pleading, the administration for the kids that have to put those manitarian efforts. It is not a proper is pleading and saying please postpone backpacks on and carry rifles. It is the mission to intervene with American this vote until there is an agreement, time to stop this. military troops that will be there on an and we cannot even get a postpone- Take a look at the number of mili- indefinite basis. Do not kid ourselves. ment on the vote. tary deployments. It was 300 percent It is an indefinite basis. Senator Dole was quite eloquent yes- during the height of Vietnam. We are Look at Cyprus, the United Nations. terday. He said, quite simply, first we killing our military as it is, and we I just came from Cyprus. United Na- get an agreement and then we go be- have one-half the force to do it. That is tions troops have never been able to fore Congress to ratify the agreement. why they are bailing out. This is ex- make the peace there. They have been We do not do it the other way around. actly the time, Mr. Speaker, and I re- able to keep the peace because of the Senator Dole has also spent more time ject the other side. fact they have troops there. They have than anybody in terms of Kosovo, and Mr. HALL of Ohio. Mr. Speaker, I been there for 27 years. It is the same he thinks this will be very damaging. yield 1 minute to the gentleman from thing here. We are attempting as out- Everybody that has worked in this North Dakota (Mr. POMEROY). siders to intervene within the bound- process thinks it will be very, very Mr. POMEROY. Mr. Speaker, I aries of a sovereign country to resolve damaging. strongly object to this rule which will a dispute that is based in large part on There is no reason to do this kind of provide for the House to debate the religion, in large part on nationality; a thing now, except to embarrass the U.S. involvement in the Kosovo peace dispute of which we have very little President politically and undermine agreement. The reason I object to con- historical knowledge; we certainly U.S. foreign policy. This is absolutely sideration of this issue at this time is have very little historical experience, irresponsible. It will damage the peace that as of today, there is no peace and we think by force and sending in process. agreement and the process leading to troops we are going to make peace. We Let me remind my colleagues that foreign policy should be bipartisan. I the arriving at a peace agreement is at are not. was one of those Democrats that voted a terribly tenuous, sensitive and deli- We are going to be able to keep the with President Bush and supported him cate stage. peace. As long as we have troops in in the Persian Gulf War when he asked b 1215 Kosovo, we can keep peace. But we can- not, we do not have the capability to for bipartisanship. Now that the shoe is on the other foot, we get very little of We have all read with horror about take hundreds of years of battle and it from the other side. All I know is the atrocities committed in Kosovo. In- hundreds of years of rock-solid feelings that in Kosovo there is genocide, eth- nocent civilians, including little chil- and force them into a peace agreement. dren, have been savagely and brutally Finally, Mr. Speaker, let me wrap up nic cleansing and killing, and it needs murdered. For the sake of humanity by saying that some would suggest to stop, and if the United States Con- gress votes against sending troops to and decency, we all want this butchery that this is not an appropriate time for Kosovo, Slobodan Milosevic, the butch- to end. It will require a peace agree- delay. This is an appropriate time for er of Kosovo, will laugh and laugh and ment to end this killing. Our taking up delay before the troops go in. Do not laugh, because we will have given him the resolution now while the delibera- debate after the troops are in; do it be- tions are still underway can only make cover. fore the troops are in. The Albanians, who have agreed to it more difficult to resolve this. Mr. HALL of Ohio. Mr. Speaker, I the agreement will back off, because Yesterday, former Majority Leader yield 3 minutes to the gentleman from Bob Dole gave advice to the Committee without strong American participation New York, (Mr. ENGEL). they will not have the fortitude; they on International Relations. He says, Mr. ENGEL. Mr. Speaker, I thank my only trust the United States of Amer- ‘‘We have 2 steps here. First, we get an friend from Ohio for yielding me this ica. We have seen time and time again, agreement, then the President goes to time. we saw it in Bosnia, 200,000 people were the American people to explain it.’’ Mr. Speaker, I have spent as much ethnically cleansed, and until the Mr. Speaker, I think we must follow time as anyone over these past 10 or 11 United States grabbed the bull by the Majority Leader Dole’s advice. Defeat years dealing with the problem in horns and showed the leadership in this rule and let the deliberations lead- Kosovo. I want to tell my colleagues as NATO, people were being killed and ing to peace be concluded. far as I am concerned this is a wrong genocide was happening again on the Mr. DIAZ-BALART. Mr. Speaker, I rule and the wrong resolution at the face of Europe. And when the United yield 2 minutes to the distinguished wrong time, and it should be defeated. States grabbed the bull by the horns, gentleman from Colorado (Mr. I have hardly seen anything more irre- only then did it stop, and it is the same MCINNIS). sponsible, quite frankly, in my 10 plus situation here. It is disingenuous of my Mr. MCINNIS. Mr. Speaker, I appre- years here than this resolution and colleagues to say they want the killing ciate the gentleman from Florida this rule. to stop, but they do not want to sup- yielding me this time. As far as I am concerned, this is an port American troops as part of NATO The preceding speaker talked about attempt to embarrass the President, on the ground. the tragedies that are going on. Mr. this is mischief-making at its worst, Without our participation, the kill- Speaker, those kinds of tragedies are and it undermines American foreign ing will continue and the ethnic cleans- going on throughout the entire world. policy, it undermines the negotiations ing will continue. This country cannot be the world’s po- going on. I returned from Rambouillet Defeat this rule. It is nothing more lice officer. We do have international 3 weeks ago, and I can tell my col- than mischief making and it does not commitments, but before we exercise leagues that if we pass this rule and do this Congress good service at all. these commitments, we need to look at the resolution offered by the gen- Mr. DIAZ-BALART. Mr. Speaker, I the precedents, what we have done in tleman from New York (Mr. GILMAN) yield myself such time as I may con- regards to these kinds of situations. goes down to defeat, as I suspect it sume. Number one, we have never gone into will, this will destroy the negotiations I feel obliged to reject the allegation the sovereign territory of another and destroy the peace process, and we that Congress would be responsible for country like this without being invited will be responsible for that. atrocities based on the fact that we are to settle a dispute within their bound- The Speaker of the House, the gen- bringing forth this resolution as a sov- aries. This is a very similar situation. tleman from Illinois (Mr. HASTERT) ereign representative body of the If the State of Colorado that I am from came and said that this was an open American people. I am unaccustomed got in a dispute with the State of process, and I think he was a bit dis- to citing, to quoting The Washington Texas, would we invite the Turks or ingenuous, quite frankly. He says that Post, Mr. Speaker, but I feel at this the Greeks or NATO to come in and re- he wants to meet Democrats halfway. time that I must. solve the dispute between Colorado and We have not seen that meeting us half- The Washington Post editorial today Texas? way on committee ratios, we have not says, ‘‘It is a bad time for Congress to March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1185 debate whether the United States ple into the debate that could put our that way, as again Senator Dole said, if should send troops to help police any uniformed personnel in harm’s way. we have the vote first and we fail to peace reached in Kosovo. But there is I want to state that I support this pass it, we will probably not have an no better time left, and Congress has resolution. I support the deployment of agreement. good reason to proceed.’’ troops to Kosovo, provided they enter It is an awfully hard place to get an The Washington Post continues by Kosovo in a permissive environment agreement in the first place. Without saying, ‘‘The President ought to be and with agreed-on conditions of the all the support from Congress, with the asking forthrightly for congressional contact group. With such conditions, I unanimity of the American people, ex- approval, not trying to evade a con- would support our President’s commit- pressed by 435 Members of this House gressional judgment on his policy in ment to guaranteeing peace in Kosovo. voting in favor of the President’s ac- Kosovo.’’ To quote the editorial that was just tions, it will be exceedingly difficult to So with all respect, I tell my col- cited by our good colleague from Flor- achieve a goal of peace in that area. leagues that it is not fair, based on a ida, the editorial in today’s Washing- But with the actions that we take policy disagreement, which is genuine ton Post entitled ‘‘Bring Congress In,’’ today, even if we pass it, but with a and which is most appropriate to say and I quote, ‘‘It takes a bold decision small number, it will encourage that we would be responsible for atroc- for Bill Clinton to bring Congress in as Milosevic and others who object to the ities or horrors that are based on a partner this Kosovo, and he should peace process, who want to see battle unexplainable and historical reasons in not shy away from it.’’ continue, and who care not for the that part of the world. Mr. HALL of Ohio. Mr. Speaker, I lives on the ground. Mr. Speaker, I yield 4 minutes to the yield 3 minutes to the gentleman from I do hope this is a sincere effort where we differ. I sure hope that we do gentleman from New York (Mr. GIL- Connecticut (Mr. GEJDENSON), who is MAN), the distinguished chairman of the ranking minority member on the not see a unified rejection of the nego- the Committee on International Rela- Committee on International Relations. tiations that are going on today be- tions. Mr. GEJDENSON. Mr. Speaker, first cause it is a Democratic President. (Mr. GILMAN asked and was given let us get straight where we are. There Speaker Foley, when he sat in this permission to revise and extend his re- is no constitutional requirement that House, held up the vote on the Persian marks.) the United States Congress take action Gulf for months at the request of the Mr. GILMAN. Mr. Speaker, I thank prior to the President putting troops President of the United States, George Bush. He waited until the troops were the gentleman for yielding me this into a peacekeeping situation. This is there and ready, and then, with agree- time. not initiating a war; this is not moving ment from the administration, held a Mr. Speaker, I am pleased to rise in troops in an area where we anticipate vote. support of the rule, H. Con. Res. 42, au- war. These are peacekeeping oper- thorizing deployment of our U.S. We are asked to vote before there is ations, and we have troops all over the an agreement, before there is a conclu- armed forces in Kosovo. It provides for world in peacekeeping operations with- a clear general debate, and then opens sion. Support the Committee on Rules’ out having gotten prior congressional proposal to send this back and bring it this measure up to amendments from approval. any member, as long as these amend- back to the floor when there is actu- Let us also get rid of some of the ar- ally something to vote on. ments were preprinted in the RECORD. guments that we have heard here on Mr. HALL of Ohio. Mr. Speaker, I I understand that some 53 amend- the floor that we are going to let the yield 2 minutes to the gentleman from ments have been filed and some are du- Europeans take care of that. That was California (Mr. LANTOS), who is also a plicates and I expect the debate will tried. The previous administration very distinguished member of the Com- focus on authorizing the deployment, waited for Europe to respond to the cri- mittee on International Relations. requiring reports, praising the negotia- sis in Yugoslavia. Mr. Speaker, 200,000 Mr. LANTOS. Mr. Speaker, I have tions, praising our troops, or prohibit- people murdered, raped, killed in their the highest regard for all of my col- ing the deployment. This debate will homes, in open fields, maybe not reach- leagues on the other side of the Cham- fulfill our historic constitutional and ing the numbers of other mass murders ber, and of course, I recognize, as we all legal mandate given by our Founding in this century, but certainly enough must, that this is not a partisan issue. Fathers to put the war powers in the that the American people felt that we When President Bush asked this body hands of the Congress, not the Presi- could no longer wait, and this Presi- to support him with respect to the Per- dent. dent led our effort to end that slaugh- sian Gulf, I was one of those Democrats We have called for this because as I ter. who proudly and publicly supported understand it, the President does not Burden sharing. We have never had him. I want to pay tribute to Senator want us to vote prior to the conclu- an action where the United States is to Dole for his courageous public state- sions of the ongoing Kosovo negotia- play such a small role in the number of ments and actions supporting the pol- tions, and will deploy troops within 48 people on the ground; that in every icy that we support. hours of the agreement, as he has indi- other action, American forces were It is self-evident that this is the cated that he will deploy some 4,000 there in larger number and in this case wrong time to deal with this issue. troops to support the agreement. And the Europeans are, for the first time in There may be no agreement for us to if we were to vote subsequent to de- my memory, accepting a larger respon- implement. But if we vote now, the ployment, we would risk undercutting sibility. When we look at the state- likelihood of an agreement diminishes. our troops in the field. ments, not just of Ambassador Kirk- How many innocent children and According to the Secretary of State, patrick and Senator Dole who are women have to be killed in the former the people’s elected representatives clearly in favor of the President’s pol- Yugoslavia for us to talk about geno- should not vote before deployment and icy, and in particular Senator Dole de- cide? Had we acted in 1991, a quarter to avoid undercutting the troops, we serves great praise for his actions, his million innocent people who are now should not vote after deployment. That efforts, going to the region and the dead would be here, and 21⁄2 million ref- must not be so. The elected representa- work he has done. But even Secretary ugees would still be living in their tives of the people must vote on this Kissinger, who has written in opposi- homes. risky mission. tion to the policy, was very hesitant to I know the difference between the From some of the past conflicts up to suggest that anybody should interpret Persian Gulf and Kosovo. Kosovo has and including Desert Storm, Congress from his article that they should vote no oil. That is the principle that is in- has voted on deployment of our troops against this resolution. voked here, under the table. Clearly we and when we did so, we strengthened are not protecting our oil resources in b our Nation’s resolve and our diplo- 1230 Kosovo, as we did in the Persian Gulf. macy. What is the right thing to do? The This ought not to be a partisan dis- I believe we must have this vote to right thing to do, as Senator Dole said, pute. We are undermining NATO, that require the President to clarify our is first have an agreement and then succeeded in destroying the mighty So- mission and to bring the American peo- have a vote. Because if we do not do it viet Union, if we as the leader of NATO H1186 CONGRESSIONAL RECORD — HOUSE March 11, 1999 bail out on our international respon- women in uniform. In fact, it is be- ple of Kosovo have a chance for a sibilities. cause of my commitment to the troops peaceful future, or simply resume the If we listen closely, we hear the and not despite of it that I oppose this killing that could destabilize the re- voices of isolationism reverberating in deployment of the troops to Kosovo. gion and threaten United States inter- this Chamber. It is mindboggling. As To put it simply, our forces are ests. I thought until recently that the we close this century, the lesson of it is stretched too thin around the globe to Republican leadership shared this view, that appeasement does not pay, that commit 4,000 or 5,000 troops in an effort and grieve that partisanship has no aggression must be resisted. I ask my whose end is nowhere in sight. When place in this debate. colleagues to reject this rule, and to we committed troops to Bosnia, we When asked a few weeks ago about a have this debate after an agreement were told they would be home that fall; House vote on Kosovo, the Speaker will have been reached. then, that Christmas. That was in 1996. stated publicly, I think we need to Mr. HALL of Ohio. Mr. Speaker, I Three years later, our troops are still make sure that the administration has yield 2 minutes to the gentleman from in Bosnia. the room to negotiate and get the job Michigan (Mr. LEVIN). I have tremendous confidence in done in Rambouillet first. The fact (Mr. LEVIN asked and was given per- America’s Armed Forces, and have no that we are here today demonstrates mission to revise and extend his re- doubt that given a properly defined that Republican leaders have chosen marks.) mission with a clear objective and a partisan politics over a united Amer- Mr. LEVIN. Mr. Speaker, I was in sensible exit strategy, our forces would ican effort to end the conflict. It seems Bosnia 4 years ago as cochair of a perform brilliantly. That, however, that politics has infected foreign pol- House delegation, and there were three does not describe our presence in the icy, and I think, if that has happened, clear lessons from that trip. former Yugoslavia. with great harm to our credibility Number one, there is a U.S. national I urge my colleagues to join me in overseas. interest in preventing an outbreak of supporting this rule and opposing Others will talk about the impor- major conflagration in the Balkans. We House Concurrent Resolution 42. tance of U.S. leadership in the Balkans should not be the world’s policeman, Mr. HALL of Ohio. Mr. Speaker, I and Kosovo’s significance for the fu- true. We also should not be asleep at yield 3 minutes to our leader, the gen- ture of NATO. I will simply reiterate to the switch. Whether we like it or not, tleman from Missouri (Mr. GEPHARDT). the Members what Bob Dole said yes- the Balkans is an important cross- (Mr. GEPHARDT asked and was terday in the Committee on Inter- roads. given permission to revise and extend national Relations. When asked about Secondly, Mr. Milosevic is a major his remarks.) the timing of the vote, Senator Dole roadblock to peace, and understands Mr. GEPHARDT. Mr. Speaker, I have said, ‘‘I would rather have the vote only firmness, total firmness. always believed that Congress should come after the agreement between the Third, the U.S. has a special credibil- be involved in decisions by our govern- Kosovar Albanians and Serbia.’’ ity there. We have a special credibility, ment to send our armed services into When asked how Members should and we need to use it to help bring harm’s way. I really believe it is best vote if this resolution is not postponed, about peace and to help enforce it. to first commit the people and then Senator Dole said, we hope there will The question now is not whether we commit the troops. be strong bipartisan support. It is in are going to go to war, but whether we However, I object strongly to the our national interest to do this. I regret that the leadership in Con- can negotiate a peace. I urge Members timing of this debate. We should not be gress has forgotten our history and our on the majority side to listen to their debating this matter while our dip- background, and the importance of standardbearer of 1996, Robert Dole, lomats at this very moment are seek- standing united as we attempt to re- who said just yesterday, I would rather ing to convince the parties to this con- solve yet another international con- have the vote come after the agree- flict to lay down their weapons and flict. I urge all Members, Republican ment. Mr. Dole, to his credit, knows choose the path of peace. and Democratic alike, to vote against the importance of bipartisanship in for- To conduct a divisive debate in Con- this rule, and defer this action that eign policy. gress and perhaps fail to support our very well may provoke further blood- I close with this. This is a particu- government’s efforts is the height of ir- shed in the Balkans. larly sensitive time in the negotiations responsibility, and threatens the hope We can have this vote if there is a for peace in Kosovo. This is not the for an agreement to halt the bloodshed treaty. We can have this vote once time to take risks in undermining and prevent the widening of this war. there has been some kind of pulling to- those efforts. Those who insist on a de- We all know that we are at a very gether of a policy that we can look at bate at this particular moment should delicate moment in the Kosovo peace and evaluate. This vote today is pre- think again, or they bear the respon- negotiations. In part due to the efforts mature. It is wrong to have it today. sibility for the possible consequences of former Senate Majority Leader Bob The Members have it within their abil- of their actions. Dole, the Kosovar Albanians are re- ity to put this vote off. I urge Members Mr. DIAZ-BALART. Mr. Speaker, I portedly ready to sign an agreement, to vote against the previous question, yield 11⁄2 minutes to the gentlewoman and our diplomats are right now con- vote against the rule, and let us bring from North Carolina (Mrs. MYRICK), a tinuing convince Yugoslavia President up this vote when it is timely and ap- distinguished member of the Commit- Milosevic to agree, as well. propriate. tee on Rules. If we reject this legislation, the Mr. HALL of Ohio. Mr. Speaker, I Mrs. MYRICK. Mr. Speaker, I do rise Kosovars may refuse to sign an agree- yield myself such time as I may con- today in support of this rule, because it ment out of fear that U.S. leadership is sume. provides a fair and open debate, as wavering, and clearly, Milosevic will be (Mr. HALL of Ohio asked and was should be the case with such an impor- emboldened to continue his rejection of given permission to revise and extend tant matter. But that said, I strongly a NATO force as part of any agree- his remarks and include extraneous oppose the commitment of U.S. troops ment. Either outcome will only lead to material.) to Kosovo unless we are going to go in more violence, more bloodshed, which Mr. HALL of Ohio. Mr. Speaker, I and solve the problem. has engulfed this region over the past urge Members to vote against the pre- I do not believe the United States years. vious question. If the previous question can be the parent or the policeman of This should not be about politics. It is defeated, I will offer an amendment the world, and the fighting there and in should not be about giving the admin- to the rule that will delay consider- the rest of the Balkans is primarily a istration a black eye. This is about ation of the Kosovo peacekeeping reso- European matter and should remain a ending a humanitarian catastrophe and lution until an agreement on the sta- European matter, and they should be preventing the slaughter of thousands tus of Kosovo has been signed between involved in taking the lead in this. of innocent people caught in a simmer- the Serbian government and the I believe wholeheartedly in maintain- ing ethnic conflict. Kosovo Albanians. ing a strong national defense, and I Lives are at stake here. Our actions There is potential for serious damage will always support our men and today may determine whether the peo- to the peace process if we insist on March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1187 bringing this debate while negotiations ‘‘Upon rejection of the motion for the pre- Partisanship has not played a role in are in midstream and are in a precar- vious question on a resolution reported from this timing. The deadline for negotia- ious state. We certainly would not the Committee on Rules, control shifts to tions is Monday night. Our troops want to do anything in this body which the Member leading the opposition to the could be on their way to being deployed previous question, who may offer a proper could have the effect of disrupting or amendment or motion and who controls the Monday night. If Congress is to have a even ending the prospect for peace in time for debate thereon.’’ voice on this issue, Congress must the Balkan region. The vote on the previous question on a rule speak now, as even the Washington b does have substantive policy implications. It Post has recognized. 1245 is one of the only available tools for those I personally will join the gentleman Mr. Speaker, I urge a no vote on the who oppose the Republican majority’s agen- from New York (Mr. GILMAN), the previous question. da to offer an alternative plan. chairman of the Committee on Inter- Mr. Speaker, I include for the Mr. Speaker, I yield 2 minutes to the national Relations, in voting in favor RECORD the document entitled ‘‘The gentleman from Indiana (Mr. ROEMER). of the authorization, in other words, Vote on the Previous Question: What It Mr. ROEMER. Mr. Speaker, I want to the underlying concurrent resolution Really Means,’’ as follows: thank the gentleman from Ohio (Mr. being brought forth by this rule. THE VOTE ON THE PREVIOUS QUESTION: WHAT HALL) for yielding me the time. So I would urge my colleagues to IT REALLY MEANS Mr. Speaker, I want to encourage vote to support the previous question This vote, the vote on whether to order the Members on both sides of the aisle to and to support the rule. previous question on a special rule, is not support the motion of the gentleman Mr. FALEOMAVAEGA. Mr. Speaker, I rise merely a procedural vote. A vote against or- from Ohio (Mr. HALL) to defeat the pre- today to speak on House Concurrent Resolu- dering the previous question is a vote vious question and do so for the follow- tion 42, a measure regarding the use of against the Republican majority agenda and ing two reasons: One, maybe the most United States Armed Forces as part of a a vote to allow the opposition, at least for important book written on the history NATO peacekeeping operation to implement a the moment, to offer an alternative plan. It of Kosovo and Bosnia in the last sev- is a vote about what the House should be de- peace agreement in Kosovo. bating. eral years by Robert Kaplan is ‘‘Balkan At the outset, Mr. Speaker, I would voice my Mr. Clarence Cannon’s ‘‘Precedents of the Ghosts.’’ Certainly the ghosts of this objection on procedural grounds to the rule House of Representatives,’’ (VI, 308–311) de- distinguished Chamber are rattling authorizing debate today of H. Con. Res. 42, scribes the vote on the previous question on around as we play some politics with a measure on which the Democrats had no the rule as ‘‘a motion to direct or control the the timing of this resolution. input and the Administration has not been per- consideration of the subject before the House When it comes to foreign policy, it mitted to comment upon. being made by the Member in charge.’’ To used to be that we did not play politics As we all know, Mr. Speaker, the fragile defeat the previous question is to give the and go across the water’s edge. Cer- opposition a chance to decide the subject be- peace negotiations on Kosovo are being con- fore the House. Cannon cites the Speaker’s tainly when it comes to war, my very ducted by the six member Contact Group and ruling of January 13, 1920, to the effect that first vote in this Chamber, we had dig- international community as we speak. Be- ‘‘the refusal of the House to sustain the de- nified and civil debate really that em- cause of the sensitivity of these on-going ne- mand for the previous question passes the bodied the comity that this institution gotiations, this is the absolute worst time to control of the resolution to the opposition’’ is capable of. hold a contentious debate on Kosovo in the in order to offer an amendment. On March The timing of this resolution is very House of Representatives. Mixed signals from 15, 1909, a member of the majority party of- important. We should not do it before the U.S. Congress concerning the U.S. role in fered a rule resolution. The House defeated we see the peace agreement that is Kosovo undercut the Administration's ability to the previous question and a member of the reached, if one is reached in this very opposition rose to a parliamentary inquiry, forge a successful peace agreement between asking who was entitled to recognition. volatile and delicate region of the the warring factions in Kosovo. Speaker Joseph G. Cannon (R-Illinois) said: world. Already the situation is being manipulated ‘‘The previous question having been refused, Secondly, Mr. Speaker, and I openly by Serb leader Slobodan Milosevic, whose the gentleman from New York, Mr. Fitzger- will criticize the administration for belligerence has been encouraged by per- ald, who had asked the gentleman to yield to this, I do not know how I would vote ceived ambivalence in Washington. No doubt him for an amendment, is entitled to the next week or the week after on deploy- this has played a role in recent setbacks to first recognition.’’ ing troops. I think we should have an- the peace process, as exemplified by Because the vote today may look bad for swers to questions about how thinly the Republican majority they will say ‘‘the Milosevic's emboldened insistence to U.S. vote on the previous question is simply a our troops might be deployed, what the Special Envoy Richard Holbrooke that any po- vote on whether to proceed to an immediate cost would be, what the exit strategy litical agreement based upon his country's ac- vote on adopting the resolution . . . [and] will be, how we are going to pay for ceptance of foreign troops is unacceptable. has no substantive legislative or policy im- this, what is the morale of the troops Mr. Speaker, I urge our colleagues to vote plications whatsoever.’’ But that is not what like and what state is that? against the rule on H. Con. Res. 42. It is they have always said. Listen to the Repub- I do not think we should give carte clearly irresponsible to hold a divisive Kosovo lican Leadership ‘‘Manual on the Legislative blanche to the administration who sim- debate now in Congress that will, in all likeli- Process in the United States House of Rep- ply announces to Congress that they resentatives,’’ (6th edition, page 135). Here’s hood, materially damage prospects for a last- how the Republicans describe the previous are going to send 4,000 troops overseas ing peace agreement being reached in that question vote in their own manual: whether Congress wants to or not. war-torn province. ‘‘Although it is generally not possible to So in terms of these two reasons, the Having said that, Mr. Speaker, if a peace amend the rule because the majority Mem- politics of the timing today is not ap- accord in Kosovo is negotiated, I would urge ber controlling the time will not yield for propriate. Let us see if we can get a support for the President's authority to deploy the purpose of offering an amendment, the peace agreement; and then once we U.S. troops to implement the peace agree- same result may be achieved by voting down have it, let us debate it. Let us play ment, as embodied in H. Con. Res. 42. the previous question on the rule. . . . When our constitutional role in the United As the world's lone superpower, I believe the motion for the previous question is de- feated, control of the time passes to the States Congress and have input, valu- the government of the United States has a Member who led the opposition to ordering able input and debate on such a criti- moral obligation to do what we can to stop the the previous question. That Member, because cally important matter for our Con- senseless bloodshed in Kosovo. Already over he then controls the time, may offer an stitution, our country, and our Con- 200,000 lives have been sacrificed in the re- amendment to the rule, or yield for the pur- gress. gion's violence and it must be stopped. pose of amendment.’’ Mr. DIAZ-BALART. Mr. Speaker, I On a strategic level, it is important that the Deschler’s ‘‘Procedure in the U.S. House of yield myself such time as I may con- war in Kosovo not be allowed to escalate and Representatives,’’ the subchapter titled sume. spread, threatening the stability of surrounding ‘‘Amending Special Rules’’ states: ‘‘a refusal Mr. Speaker, the accusations made to order the previous question on such a rule Balkan states as well as that of NATO part- [a special rule reported from the Committee by our distinguished colleagues on the ners, Greece and Turkey. The United States on Rules] opens the resolution to amend- other side of the aisle, especially the has a strategic interest in preserving the ment and further debate.’’ (Chapter 21, sec- minority leader, have been most un- peace and stability of all of Europe, including tion 21.2) Section 21.3 continues: fair, unfortunate, and must be rejected. its southern flank. H1188 CONGRESSIONAL RECORD — HOUSE March 11, 1999 Achieving these important objectives require Bliley Hall (TX) Pickering Kaptur Minge Sherman Blunt Hansen Pitts Kennedy Mink Shows that an international peacekeeping force be Boehlert Hastert Pombo Kildee Moakley Sisisky formed by NATO. As NATO's leader, I believe Boehner Hastings (WA) Porter Kilpatrick Moore Skelton it appropriate and not an undue burden that Bonilla Hayes Portman Kind (WI) Moran (VA) Slaughter the United States contribute 4,000 U.S. troops, Bono Hayworth Pryce (OH) Kleczka Murtha Smith (WA) Brady (TX) Hefley Quinn Klink Nadler Snyder only 14% of the total NATO deployment of Bryant Herger Radanovich Kucinich Napolitano Spratt 28,000 peacekeeping soldiers. History has Burr Hill (MT) Ramstad LaFalce Neal Stabenow shown repeatedly that if the United States Burton Hilleary Regula Lampson Oberstar Stark Buyer Hobson Reynolds Lantos Obey Stenholm does not participate and lead, NATO is inef- Callahan Hoekstra Riley Larson Olver Strickland fective and falls apart. Calvert Horn Rogan Lee Ortiz Stupak Mr. Speaker, whether we like it or not, Camp Hostettler Rogers Levin Owens Tanner America cannot afford to walk away from the Campbell Houghton Rohrabacher Lewis (GA) Pallone Tauscher Canady Hulshof Ros-Lehtinen Lipinski Pascrell Taylor (MS) genocide and instability festering in Kosovo. I Cannon Hunter Roukema Lofgren Pastor Thompson (CA) urge our colleagues to support H. Con. Res. Castle Hutchinson Royce Lowey Payne Thompson (MS) 42 and its urgent mission to bring peace to the Chabot Hyde Ryan (WI) Lucas (KY) Pelosi Thurman Chambliss Isakson Ryun (KS) Luther Peterson (MN) Tierney long suffering people of Kosovo. Chenoweth Istook Salmon Maloney (CT) Phelps Towns Ms. JACKSON-LEE of Texas. Mr. Speaker, Coble Jenkins Sanford Maloney (NY) Pickett Traficant I rise in opposition to the rule allowing for the Coburn Johnson (CT) Scarborough Markey Pomeroy Turner consideration of H. Con. Res. 42. Collins Johnson, Sam Schaffer Martinez Price (NC) Udall (CO) Combest Jones (NC) Sensenbrenner Mascara Rahall Udall (NM) Mr. Speaker, the consideration of this bill Cook Kasich Sessions Matsui Rangel Velazquez comes at a most inopportune time. Timing is Cooksey Kelly Shadegg McCarthy (MO) Rivers Vento the key issue in this debate. As Negotiations Cox King (NY) Shaw McCarthy (NY) Rodriguez Visclosky Crane Kingston Shays McDermott Roemer Waters to end the fighting in Kosovo are scheduled to Cubin Knollenberg Sherwood McGovern Rothman Watt (NC) resume next week this body has scheduled a Cunningham Kolbe Shimkus McIntyre Roybal-Allard Waxman debate as to the course of American policy in Davis (VA) Kuykendall Shuster McKinney Rush Weiner the region. In debating this resolution now we Deal LaHood Simpson McNulty Sabo Wexler DeLay Largent Skeen Meehan Sanchez Weygand send the wrong message to friend and foe DeMint Latham Smith (MI) Meek (FL) Sanders Wise alike. In debating this issue now we send a Diaz-Balart LaTourette Smith (NJ) Meeks (NY) Sandlin Woolsey message of indecisiveness and reluctance to Dickey Lazio Smith (TX) Menendez Sawyer Wu Doolittle Leach Souder Millender- Schakowsky Wynn fulfill our role as a peace partner in the region. Dreier Lewis (CA) Spence McDonald Scott A decisive debate on this issue could under- Duncan Lewis (KY) Stearns Miller, George Serrano Dunn Linder Stump mine the talks at a critical juncture in the dia- NOT VOTING—12 logue. Even former Senator Dole who sup- Ehlers LoBiondo Sununu Ehrlich Lucas (OK) Sweeney Becerra Frost Mollohan ports a NATO ground presence, recognizes Emerson Manzullo Talent Bilbray Goodling Morella the bad timing of this resolution. On March 10, English McCollum Tancredo Capps Gutknecht Reyes Senator Dole testified before the House Inter- Everett McCrery Tauzin Delahunt John Saxton Ewing McHugh Taylor (NC) national Relations Committee that he ``would Fletcher McInnis Terry b 1308 rather have the vote come after the agreement Foley McIntosh Thomas between the Albanians and Serbia.'' Forbes McKeon Thornberry Messrs. BISHOP, HOEFFEL and Mr. Speaker, I will vote against the rule on Fossella Metcalf Thune PAYNE changed their vote from ‘‘yea’’ Fowler Mica Tiahrt to ‘‘nay.’’ H. Con. Res. 42 because this is the wrong Franks (NJ) Miller (FL) Toomey time for the consideration of this legislation by Frelinghuysen Miller, Gary Upton So the previous question was ordered. the House at such a critical moment in the Gallegly Moran (KS) Walden The result of the vote was announced Walsh peace negotiations. Ganske Myrick as above recorded. Gekas Nethercutt Wamp The SPEAKER pro tempore (Mr. Mr. DIAZ-BALART. Mr. Speaker, I Gibbons Ney Watkins move the previous question on the res- Gilchrest Northup Watts (OK) BURR of North Carolina). The question olution. Gillmor Norwood Weldon (FL) is on the resolution. Gilman Nussle Weldon (PA) The question was taken; and the The SPEAKER pro tempore (Mr. Goode Ose Weller BURR of North Carolina). The question Goodlatte Oxley Whitfield Speaker pro tempore announced that is on ordering the previous question. Goss Packard Wicker the ayes appeared to have it. Wilson Graham Paul RECORDED VOTE The question was taken; and the Granger Pease Wolf Speaker pro tempore announced that Green (WI) Peterson (PA) Young (AK) Mr. HALL of Ohio. Mr. Speaker, I de- the ayes appeared to have it. Greenwood Petri Young (FL) mand a recorded vote. Mr. HALL of Ohio. Mr. Speaker, I ob- A recorded vote was ordered. ject to the vote on the ground that a NAYS—203 The SPEAKER pro tempore. This is a quorum is not present and make the Abercrombie Clayton Fattah 5-minute vote. Ackerman Clement Filner point of order that a quorum is not Allen Clyburn Ford The vote was taken by electronic de- present. Andrews Condit Frank (MA) vice, and there were—ayes 218, noes 201, The SPEAKER pro tempore. Evi- Baird Conyers Gejdenson not voting 15, as follows: Baldacci Costello Gephardt dently a quorum is not present. Baldwin Coyne Gonzalez [Roll No. 46] The Sergeant at Arms will notify ab- Barcia Cramer Gordon AYES—218 Barrett (WI) Crowley sent Members. Green (TX) Aderholt Bryant Cox Bentsen Cummings Pursuant to clause 9 of rule XX, the Gutierrez Armey Burr Crane Berkley Danner Hall (OH) Bachus Burton Cubin Chair will reduce to a minimum of 5 Berman Davis (FL) Hastings (FL) Baker Buyer Cunningham Berry Davis (IL) minutes the period of time within Hill (IN) Ballenger Callahan Davis (VA) Bishop DeFazio which a vote by electronic device, if or- Hilliard Barr Calvert Deal Blagojevich DeGette Hinchey Barrett (NE) Camp DeLay dered, will be taken on the question of Blumenauer DeLauro Hinojosa Barton Campbell DeMint agreeing to the resolution. Bonior Deutsch Hoeffel Bass Canady Diaz-Balart Borski Dicks The vote was taken by electronic de- Holden Bateman Cannon Dickey Boswell Dingell vice, and there were—yeas 219, nays Holt Bereuter Castle Doolittle Boucher Dixon Hooley Biggert Chabot Dreier 203, not voting 12, as follows: Boyd Doggett Hoyer Bilirakis Chambliss Duncan Brady (PA) Dooley [Roll No. 45] Inslee Bliley Chenoweth Dunn Brown (CA) Doyle Jackson (IL) Blunt Coble Ehlers YEAS—219 Brown (FL) Edwards Jackson-Lee Boehlert Coburn Ehrlich Aderholt Ballenger Bass Brown (OH) Engel (TX) Boehner Collins Emerson Archer Barr Bateman Capuano Eshoo Jefferson Bonilla Combest English Armey Barrett (NE) Bereuter Cardin Etheridge Johnson, E. B. Bono Cook Everett Bachus Bartlett Biggert Carson Evans Jones (OH) Brady (TX) Cooksey Ewing Baker Barton Bilirakis Clay Farr Kanjorski March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1189 Fletcher LaHood Royce Nadler Roybal-Allard Tauscher portunity for the House to participate Foley Largent Ryan (WI) Napolitano Rush Thompson (CA) Forbes Latham Ryun (KS) Neal Sabo Thompson (MS) in a decision whether or not to deploy Fossella LaTourette Salmon Oberstar Sanchez Thurman our armed forces to Kosovo to imple- Fowler Lazio Sanford Obey Sanders Tierney ment the peace agreement now being Frank (MA) Leach Scarborough Olver Sandlin Towns negotiated at Rambouillet, France. Franks (NJ) Lewis (CA) Schaffer Ortiz Sawyer Traficant Frelinghuysen Lewis (KY) Sensenbrenner Owens Schakowsky Turner The Congress has not only a right but Gallegly Linder Sessions Pallone Scott Udall (CO) a constitutional responsibility with re- Ganske LoBiondo Shadegg Pascrell Serrano Udall (NM) spect to deployments of our armed Gekas Lucas (OK) Shaw Pastor Sherman Velazquez forces into potentially hostile situa- Gibbons Manzullo Shays Payne Shows Vento Gilchrest McCollum Sherwood Pelosi Sisisky Visclosky tions and, along with the Speaker, I be- Gillmor McCrery Shimkus Peterson (MN) Skelton Waters lieve that debating and voting on this Gilman McHugh Shuster Phelps Slaughter Watt (NC) resolution is an appropriate way for Goode McInnis Simpson Pickett Smith (WA) Waxman Goodlatte McIntosh Skeen Pomeroy Snyder Weiner the Congress to begin to carry out this Goss McKeon Smith (MI) Price (NC) Spratt Wexler responsibility. Graham Metcalf Smith (NJ) Quinn Stabenow Weygand Granger Mica Smith (TX) Rahall Stark Wise Some Members of Congress have seri- Green (WI) Miller (FL) Souder Rangel Stenholm Woolsey ous reservations about deploying U.S. Greenwood Miller, Gary Spence Rivers Strickland Wu Armed Forces to Kosovo as peace- Gutknecht Moran (KS) Stearns Rodriguez Stupak Wynn keepers. Others strongly support the Hall (TX) Myrick Stump Rothman Tanner Hansen Nethercutt Sununu President’s policy. In an effort to give Hastert Ney Sweeney NOT VOTING—15 the benefit of the doubt to our Presi- Hastings (WA) Northup Talent Archer Delahunt John dent, the text of this resolution does Hayes Norwood Tancredo Bartlett Frost Mollohan Hayworth Nussle Tauzin Becerra Goodling Morella not criticize or oppose the proposed de- Hefley Ose Taylor (MS) Bilbray Horn Reyes ployment to Kosovo. To the contrary, Herger Oxley Taylor (NC) Capps Hunter Saxton it states that ‘‘the President is author- Hill (MT) Packard Terry ized to deploy United States armed Hilleary Paul Thomas b 1319 forces personnel to Kosovo as part of a Hobson Pease Thornberry So the resolution was agreed to. Hoekstra Peterson (PA) Thune NATO peacekeeping operation imple- The result of the vote was announced Hostettler Petri Tiahrt menting a Kosovo peace agreement.’’ Houghton Pickering Toomey as above recorded. Hulshof Pitts Upton A motion to reconsider was laid on The Speaker has stressed that this Hutchinson Pombo Walden resolution is being offered without Hyde Porter Walsh the table. Isakson Portman Wamp PERSONAL EXPLANATION prejudice to the underlying question. Istook Pryce (OH) Watkins Mr. GOODLING. Mr. Speaker, regrettably I We expect Members to vote their con- Watts (OK) Jenkins Radanovich was unavoidably detained for rollcall votes 45 science on the resolution, in the sol- Johnson (CT) Ramstad Weldon (FL) emn exercise of their responsibility as Johnson, Sam Regula Weldon (PA) and 46. Had I been present, I would have Jones (NC) Reynolds Weller voted ``yes'' on both rollcall votes. elected representatives of the Amer- Kasich Riley Whitfield The SPEAKER pro tempore (Mr. ican people. No one can deny that the Kelly Roemer Wicker debate now under way in this House is King (NY) Rogan Wilson BURR of North Carolina). Pursuant to Kingston Rogers Wolf House Resolution 103 and rule XVIII, one of the most weighty questions a Knollenberg Rohrabacher Young (AK) the Chair declares the House in the Congress can face: sending into harm’s Kolbe Ros-Lehtinen Young (FL) way, on foreign soil, our uniformed per- Kuykendall Roukema Committee of the Whole House on the State of the Union for the consider- sonnel who volunteered to be part of NOES—201 ation of the concurrent resolution, our Nation’s military. Abercrombie DeLauro Kildee House Concurrent Resolution 42. The administration has asserted that Ackerman Deutsch Kilpatrick b 1322 it believes it has the authority to send Allen Dicks Kind (WI) U.S. troops to Kosovo to enforce a Andrews Dingell Kleczka IN THE COMMITTEE OF THE WHOLE Baird Dixon Klink peace plan without congressional ap- Baldacci Doggett Kucinich Accordingly, the House resolved proval. There are many in the House Baldwin Dooley LaFalce itself into the Committee of the Whole who disagree. Regardless of where our Barcia Doyle Lampson House on the State of the Union for the individual Members may stand on the Barrett (WI) Edwards Lantos consideration of the concurrent resolu- Bentsen Engel Larson role of the Congress in the deployment Berkley Eshoo Lee tion (H. Con. Res. 42) regarding the use of our armed forces on foreign soil to Berman Etheridge Levin of United States Armed Forces as part undertake risky missions, it is undeni- Berry Evans Lewis (GA) of a NATO peacekeeping operation im- Bishop Farr Lipinski able that the President’s hand will be Blagojevich Fattah Lofgren plementing a Kosovo peace agreement, strengthened when he seeks and ob- Blumenauer Filner Lowey with Mr. THORNBERRY in the chair. tains the assent of the Congress. Bonior Ford Lucas (KY) The Clerk read the title of the con- Borski Gejdenson Luther current resolution. There are two observations on this Boswell Gephardt Maloney (CT) The CHAIRMAN. Pursuant to the prospective deployment, and I stress Boucher Gonzalez Maloney (NY) that we are debating this issue before Boyd Gordon Markey rule, the concurrent resolution is con- Brady (PA) Green (TX) Martinez sidered as having been read the first it is fully developed in order to have a Brown (CA) Gutierrez Mascara meaningful debate. First, this resolu- Brown (FL) Hall (OH) Matsui time. Under the rule, the gentleman from tion is an authorization if the condi- Brown (OH) Hastings (FL) McCarthy (MO) tions are appropriate, that is, if and Capuano Hill (IN) McCarthy (NY) New York (Mr. GILMAN) and the gen- only if hostilities have ceased and if Cardin Hilliard McDermott tleman from Connecticut (Mr. GEJDEN- Carson Hinchey McGovern there is an agreement that has been ac- SON) will each control 1 hour. Clay Hinojosa McIntyre cepted by both sides. Clayton Hoeffel McKinney The Chair recognizes the gentleman Clement Holden McNulty from New York (Mr. GILMAN). And, second, as Senator Bob Dole Clyburn Holt Meehan Mr. GILMAN. Mr. Chairman, I yield told our Committee on International Condit Hooley Meek (FL) Conyers Hoyer Meeks (NY) myself such time as I may consume. Relations yesterday, ‘‘If we’re not part Costello Inslee Menendez (Mr. GILMAN asked and was given of this agreement, there will not be an Coyne Jackson (IL) Millender- permission to revise and extend his re- agreement.’’ Senator Dole’s point is Cramer Jackson-Lee McDonald Crowley (TX) Miller, George marks.) that the Albanians of Kosovo believe Cummings Jefferson Minge Mr. GILMAN. Mr. Chairman, I rise that our Nation has to be present for Danner Johnson, E. B. Mink today to begin this historic debate on them to accept the peace plan. We Davis (FL) Jones (OH) Moakley H. Con. Res. 42. The purpose of this res- must recognize, also, the proportion of Davis (IL) Kanjorski Moore DeFazio Kaptur Moran (VA) olution, which I introduced at the the burden that we will be accepting in DeGette Kennedy Murtha Speaker’s request, is to afford an op- sending our troops to Kosovo. Out of H1190 CONGRESSIONAL RECORD — HOUSE March 11, 1999 some 30,000 total troops that are ex- men, women and children in the region market slaughter, we would not have pected to guarantee the peace, our will depend on the actions we take, and gotten involved then, and since our share will be only 15 percent. The Euro- again I would like to briefly review a participation nobody has died and it is peans will be doing the rest, and I little history. working. think it is a fair distribution if the A previous administration said this This is the 50th anniversary of NATO. United States wants to continue to be was a European problem, let the Euro- NATO leaders from all the world will considered the leader in the NATO alli- peans solve it. Over 200,000 men, women come here to celebrate the working of ance. and children died, entire villages were NATO, and how can they celebrate the I would also point out that today’s exterminated, a level of atrocity not working of NATO if NATO forces go debate is not the last we will have re- seen since World War II or Cambodia into Kosovo if there is an agreement garding the U.S. role in Kosovo. There occurred in the heart of Europe. and the Americans do not participate will be ample opportunities as events When the committee called in wit- in it? unfold in Kosovo for Members to intro- nesses, they brought in the majority’s George Will wrote in Newsweek duce, to debate and to vote on meas- best: Senator Dole, who deserves great where he said: ures regarding what the U.S. is doing credit for actually going to the region If NATO cannot stop massacres in the cen- and not doing in Kosovo. We need, how- on behalf of the administration to try ter of Europe, it cannot long continue as an ever, to start this debate today and to to argue for the peace plan. Senator instrument of collective security against demonstrate that the Congress is in- Dole testified that if we fail to act Wye. Given how well things have gone in the volved, that it should be involved, and today, it will be likely that we will fail last 50 years on the continent, wherein the to achieve peace. He wanted to put this preceding 35 years things went wrong at such that it can be involved responsibly in cost in American blood and treasure, do foreign policy questions of this nature. vote off, but he said: Americans want the risk, arising tide of an- Mr. Chairman, in our committee’s ‘‘If you have this vote, make sure archy? you pass it, because if you do not pass hearings yesterday, we were also privi- It is important, if there is going to be it, you will undermine the possibility leged to have Ambassador Jeane Kirk- a NATO, and what we are voting on of peace in the region.’’ patrick provide some of her acumen on today is not only troops with regard to Ambassador Kirkpatrick said the complex foreign policy questions such Kosovo if there is an agreement, we are same thing. as Kosovo. Ambassador Kirkpatrick in essence today, whether we like it or pointed out that there is a risk in not The only witness brought forth that not, voting on the vitality and the fu- paying attention to violence because it day to argue the opposite proposition was former Secretary of State Henry ture of NATO. may seem to be disorganized, or its In closing, if there is a lasting peace Kissinger, and even he said that he proponents remote or poorly armed. though in this region, it is important would be very careful to take his pre- Ambassador Kirkpatrick went on to that we do everything we can to see vious editorial comments as an excuse state that ‘‘violence can spread, not that President Milosevic is removed to vote against this resolution. Even he like dominoes but like putty because from power. A just and permanent way understood the importance of not un- we don’t think that it is dangerous.’’ for him to step down must be found. This was the attitude of European na- dermining our negotiators as they try The longer he remains, the longer the tions when Hitler moved into the to achieve the goal to stop murder in turmoil and unrest and killing will Rhineland. If the conditions are appro- the region. This is not a question about whether continue in Eastern Europe. priate and there are no hostilities, I am It is not an easy vote, but in the we trust the President or we trust the inclined to support the deployment of Bible in Luke it says to whom much is Secretary of State’s agreement. We do our forces to Kosovo. I will vote for given much is expected, and in one this measure in its present form in not have an agreement before us. So I would hope we would accept verse it says to whom much is given order to preserve human life. I am con- much is required. We have been blessed fident that this House over the next some amendments that give the Con- in this country with peace and prosper- several hours will conduct a debate gress time to reflect but that support ity. NATO has been a success, NATO that will be remembered as one of the the policy that we have initiated, that has worked, NATO is important, and higher points of this 106th Congress, we continue to support America’s with the 50th anniversary coming up to where our Members do the work that power to save lives and bring peace to say that NATO will participate in they have been entrusted to do by the this region of the world. Kosovo if there is an agreement, and I American people. Accordingly, Mr. Mr. Chairman, I reserve the balance stipulate, but the United States will Chairman, I ask that each one of our of my time. not participate, will basically be the colleagues follow the debate closely Mr. GILMAN. Mr. Chairman, I yield 3 first nail in the coffin in the death of and vote their conscience on this meas- minutes to the gentleman from Vir- ure. ginia (Mr. WOLF). NATO. Mr. Chairman, I reserve the balance (Mr. WOLF asked and was given per- So with great reluctance stipulating of my time. mission to revise and extend his re- the administration has not treated our Mr. GEJDENSON. Mr. Chairman, I marks.) troops fairly with regard to benefits yield myself such time as I may con- Mr. WOLF. Mr. Chairman, I was in and pay and they have been weakened, sume. As I said earlier, I do not think Kosovo 2 weeks ago. It was my second and also they have not made the case, we should be here today. As a general trip there since 1995. I rise in support of I support the resolution. practice, I think the Congress ought to the resolution. I will stipulate the ad- Mr. Chairman, I rise in support of H. Con. execute its authority based on a con- ministration has not done a good job Res. 42, a resolution authorizing the deploy- cluded agreement, not taking action on educating and conferring with the ment of U.S. troops to Kosovo. I support the prior to having any understanding Congress, nor has it done a good job of resolution, although imperfect, in its current what the parameters of the agreement telling the American people what the form. I do so reluctantly. I do not believe will be in that region or anywhere else. mission is. However, if there is an President Clinton has made a credible case to It would be akin to voting on treaties agreement in France, I support the de- the American people or to the Congress about before they were drafted. If the leader- ployment of American troops because I the need for this deployment. I urge him to do ship of this body were running the Sen- believe without U.S. participation it so and do so quickly. We will, after all, be ate, I imagine the next time we had a will not work. sending America's young men and women nuclear missile proliferation treaty or I spoke to one person over there. I into harm's way and the people deserve to other arms control treaty, the Senate said, ‘‘How many American soldiers do know ``why.'' would either approve them or reject you need?’’ Two weeks ago I visited Kosovo to get a them before the ink was even on the He said, ‘‘At least one, and he has to first-hand glimpse into the current conflict. I page. be out in front because without Ameri- met with representatives of the Kosovo Libera- ca’s involvement it will not take tion Army (KLA/UCK), Serb government offi- b 1330 place.’’ cials, NGO representatives and U.S. Ambas- But we are here now, and we have Two hundred thousand people died in sador William Walker, the head of the Organi- taken this fateful step. The lives of Bosnia. Were it not for the Sarajevo zation on Security and Cooperation in Europe March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1191 (OSCE) mission in Pristina. I also had the marines are given the resources they need to I spent parts of two days in Skopje, Mac- chance to talk to members of the KLA army, carry out their ever increasing number of mis- edonia, where I met with embassy Deputy many of them everyday people, farmers, sions around the world. It's not enough to Chief of Mission and Charge d’affaires Paul Jones; Political Officer Charles Stonecipher; storekeepers, workers and such who were pass a resolution. Congress must ensure that members of the Macedonian parliament; driven to the KLA by the constant, brutal ac- the resources available for the American mili- former Prime Minister and President of the tion of the Serbs. tary are there for them to carry out the grow- Social Democratic Union (opposition politi- I am submitting a copy of my trip report for ing number of missions the military is being cal party) Branko Crvenkovski; American the CONGRESSIONAL RECORD. It contains my called upon to carry out. soliders assigned to United Nations forces observations and recommendations regarding We also must do more than we have done guarding the Macedonia-Kosovo border, and the Kosovo conflict. in Bosnia to build a lasting peace. While our the commander and men of the NATO I have concluded that if there is a signed military effort in Bosnia has been successful, Kosovo verification and extraction forces as peace agreement in Rambouillet, it will be thanks to the commitment and skill of Amer- well as representatives of NGOs in Macedo- nia. necessary to commit troops to the Kosovo ican troops, the civilian side of the effort has In Kosovo for a day and a half, I met with peace effort. It is only with the greatest reluc- fallen far short. We have failed so far to bring head of mission Ambassador William Walker tance that I support the deployment of Amer- about reconciliation among the ethnic factions. and senior adviser to ethnic Albanian elected ican troops abroad, but I believe that without An interdependent society enhanced by an ef- President Ibrahim Rugova, Professor Alush U.S. troops, peacekeeping won't work. The fective marketplace and economic trade sys- Gashi. I also met with Kosovo Liberation U.S. is both the leader of the world and of tem has not gotten off the ground. For exam- Army (KLA/UCK) spokesman Adem Demaci NATO. If NATO is involved, we must be part ple, three years after the Dayton accord, the (who previously spent 26 years in Serb pris- railroad in Bosnia does not yet operate. ons) and senior Serbian representative in of the effort or it will not succeed. Kosovo, Zoran Andelkovic. Other meetings This year is the 50th anniversary of NATO. We must learn lessons from Bosnia and help create a working regional government in included NGO representatives, head of the The anniversary will be celebrated with events Kosovo office of the U.N. High Commissioner in Washington and elsewhere in the United Kosovo that effectively represents and is ac- for Refugees (UNHCR), and other officials States. Kosovo will be a big test for this impor- countable to the people and contributes to the and representatives. Our understanding and tant alliance. The U.S. has always been the creation of a viable economy. We also must most able escort was State Department For- leader of NATO and we should not shy away ensure that a new Kosovo government has ef- eign Service Officer Ronald Capps. We also from our commitment now. If we refuse to be- fective civilian oversight over the military and stopped at a Serb police barracks and met come part of the NATO effort in Kosovo, it that KLA forces are disarmed and brought with the officer in charge. We met individual under civilian command. Without strong civil- members of the KLA and with a number of could only further embolden Serb President individual Kosovars who had returned to Slobodan Milosevic and dim the prospects for ian control, the KLA could get out of hand. Most importantly, lasting peace may not their villages after having been driven out by reaching a lasting, peaceful settlement. The Serb attacks. Some villages were largely de- fighting will continue and more people, includ- occur in the Balkans while Serbian President stroyed and remain mostly deserted. ing many women and children, will lose their Slobodan Milesovic is in power. A just and The fate of Albania, Macedonia and lives. I agree with the words of Bob Kagan in permanent way for him to step down must be Kosovo, which border one another, is inter- the Weekly Standard of March 1, 1999. He found. The longer he remains, the longer tur- related. Albania has a population of about moil, unrest and killing will continue in eastern two million people. Macedonia’s population says the practical effect of opposing U.S. in- of two million includes about one third eth- volvement ``would be to reinforce Milosevic's Europe. It is never an easy decision for a Member nic Albanian. About 90 percent of the nearly conviction that NATO, and particularly the of Congress to decide to vote in favor of send- two million people in Kosovo are also ethnic United States, does not have the stomach to Albanian. ing American men and women into a possibly Kosovo is the southernmost province of take him on.'' dangerous situation. I believe, however, that George Will wrote in Newsweek on March present-day Serbia and has a centuries long once a peace agreement is reachedÐif it is 1, ``. . . if NATO cannot stop massacres in history of conflict, turbulence and hatred. reachedÐdeploying NATO troops to the re- the center of Europe, it cannot long continue By 1987 Serbian dominance in the region had gion to keep the peace, prevent the conflict been established, Slobodan Milosevic was as an instrument of collective security against from spreading and prevent destabilizing refu- President and ethnic Albanian participation . . . what? Given how well things have gone gee outflows into neighboring countries is the in government was virtually nonexistent. in the last 50 years on the continent where in only way to ensure stability in Europe. Stability In response, ethnic Albanians in 1991 the preceding 35 years things went so wrong, formed a shadow government complete with in Europe is in the best interest of the United president, parliament, tax system and at such cost in American blood and treasure, States. do Americans want to risk a rising tide of an- schools. Ibrahim Rugova was elected presi- STATEMENT BY U.S. REPRESENTATIVE FRANK archy?'' I agree with this thoughts. dent and has since worked for Kosovo inde- R. WOLF, REPORT OF A VISIT TO THE BAL- pendence through peaceful means. However, I do not believe the Clinton ad- KANS KOSOVO: THE LATEST BALKAN HOT By the mid-1990, the ethnic Albanian popu- ministration has made a credible case for U.S. SPOT, FEBRUARY 13–18, 1999 lation in Kosovo had grown to nearly 90 per- involvement in Kosovo to the American people This report provides details of my trip to Al- cent as human rights conditions continued nor do I believe that this administration has bania, Macedona and Kosovo during mid- to go down hill with the Serbs in total con- done a good job taking care of our men and February, 1999. This visit occurred during trol of police and the army. Many, if not women in uniform who, at personal risk, have the time the Serb-Kosovo Albanian peace most, individual Serbs also have weapons as been carrying out our policy in Bosnia, in Iraq, conference was taking place in Rambouillet, opposed to ethnic Albanians for whom pos- in Haiti, in South Korea, on our high seas and France, and ended only a few days before the sessing a gun is against strictly enforced contact group’s initially imposed deadline to law. Beatings, harassment and brutality to- ``wherever the U.S.'' needs its strength. We reach agreement of February 20. There is ward ethnic Albanians became common- have drawndown troops to a level now insuffi- every indication that the U.S. will be con- place, particularly in villages and smaller cient to meet today's needs. Many troops go cerned with Kosovo for some time to come towns. from one deployment to another without time and it was important to have a clear, first- In 1996 the shadowy, separatist Kosovo Lib- to be home with their families. U.S. troops are hand view of conditions there. eration Army (KLA) surfaced for the first stretched too thin and are not being treated I have, for many years, had a deep interest time, claiming responsibility for bombings fairly. Pay and allowances are inadequate, the in the Balkans and concern for the people in southern Yugoslavia. KLA efforts intensi- fied over the next several years, government tempo of operations is too high (we just need who live there. I have traveled numerous times to the region. There has been hos- officials and alleged ethnic Albanian collabo- a larger military force to face the tasks they tility, unrest and turmoil for hundreds of rators were killed. The Serbian government have been given) and we are not giving our years. It has been said that there is too much cracked down and violence has escalated first class military men and women the tools history for these small countries to bear. If since. they need to do the job. this is so, it has never been more true than I met with a number of KLA members. I want to emphasize that there are no better today. Most of them are everyday people, farmers, soldiers anywhere in the world and the morale During this trip, I spent one day in Tirana, storekeepers, workers and such who were of our troops is high. But they are not being Albania, where I met with the U.S. Ambas- driven to the KLA by the constant brutal ac- sador Marissa Lino and her embassy staff; tion of the Serbs. There are, no doubt, some treated fairly. Albanian President Meidani; Prime Minister bad people in the KLA including thugs, gang- If the troops are to be deployed to Kosovo, Majko; cabinet ministers; the Speaker and sters and smugglers, but most are motivated we must give them strong political leadership other members of parliament; religious lead- by a hunger for independence. Still, it must and a clear mission. We also must be sure ers, and heads of Non-Government Organiza- be recognized that some acts of terrorism that Americans soldiers, airmen, seamen and tions (NGOs) active there. have been committed by the KLA. H1192 CONGRESSIONAL RECORD — HOUSE March 11, 1999 Conditions in Kosovo continued to deterio- for allowing conditions to get where they are point that U.S. presence is key—perhaps rate and alarm the international commu- today. vital. nity. In October 1998, under threat of NATO There appear to be few lessons this admin- It is not without irony that the one key air strikes, Serbian President Milosevic istration has learned from the painful expe- player omitted from the contact group meet- made commitments to implement terms of rience of Bosnia. Our government waited too ings in France is a NATO representative. The U.N. Security Council Resolution 1199 to end long to get involved and, once engaged, has irony deepens when the presence on the con- violence in Kosovo, partially withdraw Ser- been somewhat ineffective. Too many died in tact group of chronic problem-makes Russia bian forces, open access to humanitarian re- Bosnia during this delay. While committing and France is noted. lief organizations (NGOs), cooperate with troops to the region for one year (now over Frankly, the U.S. Congress has also had war crimes investigators and progress to- three years with no end in sight) has indeed too little involvement in this Balkan proc- ward a political settlement. halted killing, at least temporarily, Bosnia ess. The administration has done and contin- As part of this commitment, in order to is no further along toward peaceful self suffi- ues to do a poor job in dealing with these verify compliance, President Milosevic ciency than when troops arrive. Rather, it is issues. Consultation with the Congress does agreed to an on-scene verification mission by as though there is merely a pause in time. If not appear to have been a major concern to the Organization for Security and Coopera- our troops leave, hostility and brutality the White House. While foreign policy is tion in Europe (OSCE) and NATO surveil- would likely resume. Little infrastructure is largely the prerogative of the President, lance of Kosovo by non-combatant aircraft. being created. Railroads are not running. American lives are being placed at risk in a These activities are in progress and NATO Little economic development or growth is far-off land and untold dollars are being has deployed a small extraction force in next emerging. No lasting plan for peace has been committed to this effort. Congress has a role door Macedonia. I visited with each of these developed and no interdependent community and must participate in this debate. Congres- groups. has been created which would make undesir- sional hearings to explore all aspects of this However, conditions in Kosovo have not able, a return to conflict. Little has been situation are in order. stabilized and more have been killed. Fi- done to bring about reconciliation. CONCLUSIONS AND RECOMMENDATIONS: nally, a contact group with members from Meanwhile, as we look at our overall U.S. 1. If there is a signed peace agreement in the U.S., Great Britain, France, Russia, Italy military capabilities throughout the world, Rambouillet, it could be necessary to com- and Germany issued an ultimatum to the we see that this administration has drawn mit U.S. troops to the Kosovo peace effort. I sides to reach a peace accord by February 20, down U.S. military strength to the level make this recommendation with reluctance 1999. NATO air strikes against targets in Ser- where there are now insufficient forces to but, without U.S. troops, peacekeeping won’t bia were threatened if Belgrade did not com- meet today’s needs. When I met with our sol- work. The U.S. is both the leader of the ply. diers in the Balkan region I found many who world and of NATO. If NATO is involved, we The Serbs consider Kosovo the cradle of have gone from one deployment to another must be a part of the effort or it will fail. their culture and their orthodox religion and without time to be home with their families. NATO’s 50th anniversary is later this spring are not willing to give it up. I visited the The troopers I met on the Kosovo border are and there will be a large celebration in the Field of Blackbirds where the Serbs battled assigned to a battalion on its third deploy- U.S. Kosovo will be a big test for this impor- for and lost control of the region in 1389. I ment in three years. tant alliance. also visited a Monastery dating back to 1535 There are no better soldiers anywhere in 2. There are many differences between the that is an important part of Serb history. the world than these and their morale is situation existing several years ago in Bos- The Clinton administration, which does high. They are ready to do what is expected nia and what is happening today in Kosovo. not favor independence for Kosovo, worries of them and more. But they are not being Still, thousands died in Bosnia including too this conflict could spread if NATO does not treated fairly. Pay and benefits have been al- many women and children before NATO intervene and could even involve Turkey, lowed to deteriorate. The tempo of oper- troops including a large contingent of U.S. Bulgaria, Albania and Greece. While this is ations has grown to the point where they soldiers moved in and put an end to the kill- of concern, there are other reasons for the have too little time at home. There are just ing. Had not NATO peacekeepers acted over U.S. to remain active. The U.S. can never not sufficient forces to do all the things they three years ago, the killing might still be stand by and allow genocide to take place. are expected to do. According to the Feb- going on today. Without the commitment of Part of the effort, once a peace agreement ruary 17, Washington Post, the Secretary of between the Serbs and ethnic Albanians has U.S. troops, a NATO peacekeeping interven- the Army’s answer is to lower standards and been signed, could include a NATO ground tion might not even have been attempted. recruit high school drop-outs. Turning his force in Kosovo containing a contingent of We may wish this were not so, but it is. Per- back on history, this official has unwisely U.S. troops. haps things can change in the future but this It is clear that a main pipeline for arms decided upon another social experiment is today’s reality. reaching ethnic Albanians in Kosovo is rather than dealing fairly with the shortfall. 3. U.S. troops are stretched too thin and From 1990 to 1998 the armed forces went across the Albania-Kosovo border and any are not being treated fairly. Pay and allow- from 18 active army divisions to eight. The stabilization effort will likely include shut- ances are inadequate, the tempo of oper- ting off this arms route. It has been sug- navy battle force went from 546 ships to 346. ations is far too high (we just need a larger gested that an effective arms blockade could Air force fighter wings decreased from 36 to military force to face the tasks they have be accomplished by the Italian government 30. Discretionary defense budget outlays will been given) and we are not giving our first from the Albanian side of the border with decrease 31 percent in the ten years begin- class military men and women the tools they Kosovo. ning 1990. Service chiefs predict FY 1999 am- need to do the job. The administration needs A number of issues must be addressed be- munition shortages for the army of $1.7B and to take better care of our soldiers, sailors, fore the outcome of this conflict can be pre- $193M for the marines. These statistics are marines and airmen. Congress should force dicted. Principal among these is the likely just the tip of the iceberg. There is compel- this issue. strength and stability of an ethnic Albanian ling evidence that, in the face of a huge in- 4. Special attention must be paid to the led Kosovo government. Another is the eco- crease in troop deployments (26 group de- Kosovo Liberation Army (KLA). While many, nomic potential of a stand-alone Kosovo, free ployments between 1991 and 1998 by the perhaps most, are common people whose in- from Serbia. Also important is what will be Army’s own count), this administration has terest is defending their families, their the future of the KLA? Will they give up not made the investment to give our fighting homes and themselves, the army is not with- their arms? Many in the KLA say ‘‘no’’. men and women the tools to do the job asked out a rogue element. There is no clearly es- Could an independent Kosovo make it on its of them. tablished and proven civilian government own? Political ability has not been dem- The fact that the men and women in uni- and there is no line of authority/responsibil- onstrated. Economic development help from form are bending to their task is to their ity between the KLA and a representative the private sector in the West may not be credit, but it is past time to give them what government. Without control, the KLA could immediately forthcoming. How would they they need and stop driving them into the get out of hand. be propped up? How will long term cross bor- ground. The White House must face up to 5. When peacekeepers arrive in Kosovo, one der hatred between Serbs and ethnic Alba- this shortfall and address the issue of where of their first tasks must be to disarm the nians be kept in check? Who is going to foot the money to pay for our involvement is to KLA. Many in the KLA have said they will the bill for all this? European nations? come from. They have not yet done so and not give up their weapons. An armed KLA How and by whom will the issue of war time is short. will be a time bomb in the way of progress crimes be addressed? A terrible job on this A strong NATO involvement, with solid toward peace. Providing safeguards for Serbs issue has been done in Bosnia. Known war U.S. participation, will be an important part in Kosovo is an important part of the peace criminals have not been pursued after more of any workable solution to this mess. There process. than three years. Reconciliation is an impor- is a story making the rounds of NATO forces 6. Efforts thus far to build a lasting peace tant ingredient to lasting peace but terrible where an American general, about to depart in Bosnia have come up short. Not only must acts have been committed and justice must the region asks his NATO counterpart how more be done there but the lessons learned be served. The principal perpetrator of injus- many U.S. troops must remain to ensure must be applied to Kosovo. The military tice and brutality has been Serbian Presi- safety and success of the mission. The NATO presence in Bosnia has done the job of ending dent Slobodan Milosevic. What about him? commander responds, ‘‘Only one, but he killing and brutality as it likely will in The White House and the present adminis- must be at the very front’’. This is only a Kosovo, but the peace-building effort of rec- tration are deserving of some sharp criticism story told in good humor but it makes the onciliation and creating an interdependent March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1193 society and effective marketplace and eco- with what it is like to be a young man would deal a potentially fatal blow to nomic trade system has not gotten off the who has lost a leg in a war that was the peace effort. Indications are that ground. not his fault. absent a peace agreement both sides 7. Lasting peace in the Balkans will not When we talk about this issue, Mr. occur while Serbian President Slobodan are preparing for a major escalation of Milosevic is in power. A just and permanent Chairman, we are talking about human fighting in the spring, and as always in way for him to step down must be found. The lives, we are talking about NATO, and this case, it will be the innocent civil- longer he remains, the longer turmoil, un- we are talking about standing up to ians who are once again suffering the rest and killing will continue in eastern Eu- genocide and standing up to tyranny. horrifying consequences. rope. Mr. Milosevic is a sociopath. He is Mr. Chairman, a considerable amount 8. American and other workers and offi- bloodthirsty, he does not respect basic of time and effort has been put into cials of all nations present in Kosovo (dip- tenets of human dignity and morality. this peace effort, and the stakes could lomats, United Nations, NGOs, contract workers, humanitarian care-givers and oth- If a sociopath were holding hostages, not be higher. Success means an end to ers) are true heros. They risk their lives and he had a police scanner and heard the fighting, an end to the killing and daily to make life a little better for the peo- that the police were debating about an end to the destruction of entire vil- ple in Kosovo and we should all pray for whether or not to send in officers to lages and towns. them. I happened to see a warning sign post- put a stop to what he was trying to do, Ultimately we have all witnessed on ed in a U.N. office talking about mines. In we know what would happen to those the evening news the price that failure part, it said, ‘‘There is strong evidence to hostages: they would be killed. Mr. has brought to the people of Kosovo. suggest some police posts have had anti-per- Milosevic has got to be stopped. Thousands have been killed, and tens sonnel mines placed near them. .. . All staff I urge my colleagues for the sake of of thousands turned into homeless ref- are asked to be extremely cautious when in the vicinity . . .’’ Yet these men and women Namik, for the sake of the future of ugees. go about their daily duties with dedication NATO, for the sake of the future of our Peace is at hand if we have the wis- and care for others in spite of the harm that country and for the sake of stability in dom and the courage to see this is just a step away. Europe and peace internationally, through. 9. The foreign policy of this administration please pass this resolution. Do not un- I strongly urge my colleagues to send continues to come up short and is deserving dermine the President at this time, do a message to both sides that the United of sharp criticism. America is the one re- not allow the killing to continue in the States is committed to the peace proc- maining superpower and, like it or not, must ess and, with that message, the assur- assume this responsibility. Unfolding events Balkans. continue to point to the absence of a coher- Mr. GILMAN. Mr. Chairman, I thank ance that we will stand by our commit- ent idea of what to do and how to do it. the gentleman from Washington for his ments to NATO. While we should have already developed a support for this resolution. Mr. CROWLEY. Mr. Chairman, I peace-making strategy and an exit strategy, Mr. Chairman, I yield 3 minutes to yield myself 2 minutes. the participants at Rambouillet remain un- the gentlewoman from New York (Mrs. Mr. Chairman, I rise today in strong able to even get things started. KELLY). support of this resolution, but I seri- 10. President Clinton has done a poor job of Mrs. KELLY. Mr. Chairman, I rise in ously question the Republican leader- making the case to the American people for strong support of H.Con.Res. 42, a reso- ship’s timing in bringing this measure U.S. involvement in this conflict which also has a significant moral aspect to it. While lution which supports the deployment to the floor for debate while negotia- the U.S. cannot be involved all over the of U.S. troops in support of a NATO tions are still underway. I believe a world, we are a member of NATO which deals peacekeeping effort in Kosovo. The rea- fractious congressional debate about with peace and stability in Europe. Kosovo is son we need to support this legislation whether or not to support implementa- a part of Europe and its destabilization could today and the reason why we should re- tion of a peace agreement at such a create a huge refugee population there. sist weakening amendments is the sim- critical juncture in the negotiations se- Fighting could even break out elsewhere if ple fact that NATO peacekeepers, sup- riously undermines our ability to nego- this issue is not dealt with early and effec- ported by U.S. troops, represent our tiate a settlement and place directly tively. America has been blessed with peace and prosperity. In the Bible, it says that to last and best chance for a workable into the hands of Mr. Milosevic. We whom much is given, much is expected and peace in this very troubled land. must, as a Congress, show that we are there is an obligation on our part to be a par- I would also add that if we are to committed to peace in the former ticipant in the search for solutions in this maintain any credibility within NATO, Yugoslavia and working with our allies troubled spot. we have an obligation to support this in NATO towards that common goal. 11. I would like to conclude on a personal vital peacekeeping mission. Mr. Chairman, I urge my colleagues note to thank all of those who assisted me Mr. Chairman, I visited the former to support this resolution. on this mission. I am especially grateful to Yugoslavia on two separate occasions Mr. GILMAN. Mr. Chairman, I yield U.S. Ambassador Marisa Lino and her staff, in recent years, and I have had the op- 21⁄2 minutes to the gentleman from foreign service officer Charles Stonecipher who assisted me in Macedonia, foreign serv- portunity to visit Rambouillet re- Kansas (Mr. RYUN). ice officer Ron Capps whose knowledge and cently, to observe the peace talks first- Mr. RYUN of Kansas. Mr. Chairman, concern was of great help in Kosovo and U.S. hand and to talk with the participants. the United States Armed Forces are Army Lieutenant Colonel Mike Prendergast Let me be very clear about this. I be- being stretched too thin. They have who traveled with me. I appreciate their in- lieve the only peace that will occur in been asked to take on peacekeeping valuable assistance. Kosovo is one that is enforced by missions in Somalia, Haiti, Bosnia and Mr. CROWLEY. Mr. Chairman, I NATO. Serbian strong man Slobodan now possibly Kosovo. President Clinton yield 3 minutes to the gentleman from Milosevic has shown us time and time told Congress and the Nation that the Washington (Mr. BAIRD). again that he does not recognize inter- United States deployment to Bosnia in Mr. BAIRD. Mr. Chairman, I thank national law, he does not respond to 1995 would be over in 1 year. However, the gentleman from New York for international appeals for peace, and the mission in Bosnia has continued for yielding this time to me. I am speaking the experience has demonstrated that 4 years with no strategic exit plan in to my colleagues today on a matter of he does not always respect prior peace sight and, at a cost to the United deep personal importance to me. For 3 agreements. What he does respect and States at $10 billion, not only are their years my family and I hosted a young what he does respond to is the very peacekeeping missions costly, but they Bosnian student. His name is Namik, real threat of force. are degrading to the overall readiness and when he was 14 years old he was NATO peacekeepers are the only of our fighting forces. running through his village when a safeguard that will put a stop to the Mr. Chairman, 2,200 troops from the Serbian mortar shell landed next to killing in Kosovo and the only thing 24th Marine expeditionary unit cur- him and blew his left leg off just below that will prevent further violence down rently stationed aboard the Navy ships the hip. For 3 years I worked with the road. in the Mediterranean will be part of Namik, kept him in our home as my I cannot over emphasize how sen- the initial force moving into Kosovo as own son taught him to climb and to sitive the point at which we now find soon as an agreement is reached be- kayak so that he could have a normal ourselves in these negotiations is and tween ethnic Albanians and the Ser- life. But for 3 years I helped him deal that the failure of this resolution bian government. However that unit is H1194 CONGRESSIONAL RECORD — HOUSE March 11, 1999 headed into its final month of a 6- have to be active even when the direct Then what happened? Before Con- month deployment and scheduled to be benefit to the United States is difficult gress had any opportunity express its home in North Carolina by May 1. To to discern and most certainly when we view or to have a role, before the Day- be home by that time the unit will can discern that genocide may occur. ton Accords were actually signed, have to leave Kosovo no later than mid b 1345 troops were on the way to Bosnia and April. we were locked in. Then what were we Mr. Chairman, that leaves the admin- A secure and stable Europe is of told? What we had been told before, we istration with limited options, the great concern to the United States. We have to support our troops, our men most prominent one being extending have fought two major wars of this and women in the field, and Congress the length of the unit’s deployment. century, both on the continent of Eu- was cut out of the process. How long will this unit be there? How rope and both because Europe was com- Here we are in another similar situa- much longer will they be away from pletely destabilized by tyrannical des- tion, but what we have here is very dif- their families and beyond their ex- pots and weak economies. ferent. What we have here is an inva- If we weaken the contact group alli- pected 6-month deployment? sion by the United States and NATO of ance that has worked on this matter, Mr. Chairman, for America’s Armed a sovereign country. Kosovo is an au- as well as NATO, the Organization for Forces to sustain this administration’s tonomous region within Serbia. Security and Cooperation in Europe, peacekeeping pace the forces must be This Member has previously voiced, efforts on the ground, by defeating this augmented by an increased amount of and still has enormous difficulties for resolution, it will surely stoke the fires part-time Reserve and National Guard many reasons, with the proposal for a of instability in Europe. peace keeping, I would have to call it a personnel. Not only are Reserve and If our allies cannot count on us, they National Guard personnel being forced peace enforcement, plan in Kosovo. will surely stop looking to us for lead- Chief among them is the Member’s res- to leave their families more often, but ership and our influence will wane. they are also being asked to increase ervation that the President is ready to I talked to a colleague of mine in the act outside the U.S. Constitution to en- the amount of time and technical Organization of Security and Coopera- knowledge taken away from their ca- gage uninvited U.S. combat forces in tion in Europe, who is the Chair of the an internal conflict in a country which reers here in the United States. These first committee on which I served. His military personnel are being forced to is not a threat to the United States. name is Bruce George and he is a mem- The U.S. Constitution clearly limits explain open end deployments to their ber of the British Parliament and is employers who are becoming less will- his authority to place U.S. Armed their defense expert. He said if we fail Forces in hostile situations, but can do ing to continually lose their skilled today to support this resolution, it will so only in response to a national emer- employees. be short of catastrophic. Mr. Chairman, to be able to keep gency created by attack upon the Yesterday Ambassador Jeane Kirk- United States, its territories or its these individuals in the Reserve and patrick said that if we do not support National Guard we must continue to armed forces. this resolution, we will regret it. I sug- The more extreme measure of send them into peacekeeping situa- gest to this body that we cannot stand launching unprovoked air strikes tions around the globe. In the future, idly by and watch children maimed, au- against Serbia, a sovereign country for when the Reserve and National Guard tonomy destroyed and a people who are which I have little respect in terms of personnel have the opportunity to seeking no more than freedom, an op- their leadership, who have committed leave military service, they will choose portunity to gain the same. extraordinary atrocities in Kosovo, their family quality of life and their Support this resolution. nevertheless the Administration pro- career over serving their country. A Mr. GILMAN. Mr. Chairman, I yield 3 posal to deploy troops to Kosovo is tan- Kosovo peacekeeping mission will minutes to the gentleman from Ne- tamount to a declaration of war place a heavy burden on America’s braska (Mr. BEREUTER), the distin- against Serbia. Armed Forces and compromise their guished vice chairman of our Commit- Article I, Section 8 of the U.S. Con- readiness levels, the quality of life of tee on International Relations. stitution specifically grants war dec- their families and the national security (Mr. BEREUTER asked and was laration authority exclusively to the of the United States. We cannot and given permission to revise and extend Congress. The President’s commitment must not continue to ask our military his remarks.) to deploy our troops into a hostile and to do more with less. Mr. BEREUTER. Mr. Chairman, my foreign territory of Kosovo cannot be Mr. Chairman, before the administra- colleagues, I rise in opposition to the considered a defensive measure that tion decides to deploy troops to resolution. I want to drop back, falls under his authority. Kosovo, I ask that they lay out their though, to some of the debate that What is going to happen? If we ever plan and details to Congress. took place on the rule. The minority have a peace agreement on Kosovo, it Mr. Chairman, before the Administration de- leader came here and suggested it was will be coerced and it will have to be an cides to deploy troops to Kosovo, I ask that inappropriate for us to be debating this enforced peace—for who knows how they lay out their plan in detail to Congress. resolution at this time. That was also long. We have an Administration which The administration should not be able to put voiced by the ranking minority mem- has threatened, imagine this, if you do the men and women of our armed forces in ber of the House International Rela- not sign, Mr. Milosevic, we are going to harm's way without explaining their reasons tions Committee here today, and by bomb you. for doing so. others. I suppose we are going to bomb the Mr. CROWLEY. Mr. Chairman, I As the gentleman from New York KLA, too. How does one find the KLA yield 2 minutes to the gentleman from (Chairman GILMAN) said, unfortunately to bomb? How does one enforce peace Florida (Mr. HASTINGS). debating the issue before the situation on that side? (Mr. HASTINGS of Florida asked and fully developed is important for Con- Let me ask some questions about the was given permission to revise and ex- gress to have a meaningful role. current peace proposal. We have one tend his remarks.) I want to remind my colleagues what party somewhat bound to the U.S., the Mr. HASTINGS of Florida. Mr. Chair- happened in Somalia where without other bound by the threat of U.S. force. man, I rise today in support of H. Con. any consultation we saw the Adminis- Many questions need to be addressed: By Res. 42, legislation to authorize U.S. tration move from protecting the peo- what means are we going to protect the involvement in peacekeeping actions in ple involved in the deliveries of food to Kosovars? Who will police the borders? How Kosovo. a nation-building process. It was clas- will we neutralize the danger of Kosovo ex- This debate is about how we see our sic mission creep. I want to remind pansion when it has no international status? role in the world. Do we want to be in- Members what happened in the formu- What is the political objective? (Autonomy is volved? Do we want to be an active lation of the Dayton Accords when, in not the destination sought by the Albanians.) part of the NATO alliance? Do we want fact, we were told by the Administra- How do we handle the relationship of the Al- to export our values of democracy? Do tion ‘‘do not do anything, it might banians in Kosovo with those in the surround- we want to be in a position to influence upset these delicate negotiations ongo- ing region? What are the rules of engage- world events? Because, if we do, we ing in Dayton.’’ ment? What is the concept of how it will end? March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1195 Under what authority can NATO ``invade'' a intervention reduce or increase suffering by in- with peace enforcement (Somalia) was not a country in this matter? tensifying ethnic and religious conflict? What pleasant one. Morover, the projected Kosovo agreement is are the limits of such a policy and by what cri- The Kosovo Liberation Army (KLA) is an unlikely to enjoy the support of the parties for teria is it established? In Henry Kissinger's armed separatist group that would appear a long period of time. For Serbia, acquiescing view, that line should be drawn at American bent on independence; major element in the under the threat of NATO bombardment, it in- ground forces for Kosovo. Europeans never Serb population are adamantly opposed to the volves nearly unprecedented international tire of stressing the need for greater European KLA's objective. This is a situation were any intercession. Yugoslavia, a sovereign state, is autonomy. Here is an occasion to demonstrate existing ``peace'' is highly suspect. being asked to cede control and in time sov- it. If Kosovo presents a security problem, it is There is no way to place a time limit on a ereignty of a province containing its national to Europe, largely because of the refugees the Kosovo deployment. shrines to foreign military force. conflict might generate. Kosovo is no more a Remember the Bosnia experience. Upon the Though President Slobodan Milosevic has threat to America than Haiti was to EuropeÐ rapid deployment (without congressional con- much to answer for, especially in Bosnia, he and we never asked for NATO support here. sent) following the Dayton Accord, Secretary is less the cause of the conflict in Kosovo than The nearly 300 million Europeans should be Christopher assured the nation that it would an expression of it. On the need to retain able to generate the ground forces to deal be for one year onlyÐto give the Bosnians a Kosovo, Serbian leadersÐincluding with the problems for 2.3 million Kosovars. To chance for peace. Four years later, everyone Milosevic's domestic opponentsÐseem united. symbolize Allied unity on larger issues, we acknowledges there is no end in sight to the For Serbia, current NATO policy means either should provide logistics, intelligence and air Bosnia deployment. The cultural difficulties dismemberment of the country or postpone- support. But I see no need for U.S. ground that gave rise to the violence are far too great. The cultural difficulties in Kosovo are at ment of the conflict to a future date when, ac- forces; leadership should not be interpreted to least as serious as those in Bosnia. Milosevic cording to the NATO proposal, the future of mean that we must do everything ourselves. has successfully preyed upon the ancient the province will be decided. Again, paraphrasing Henry Kissinger, he fears and hatreds of the Serb population. The The same attitude governs the Albanian said in opposing ground troops in Kosovo that: Albanian diaspora has fed the most violent side. The Kosovo Liberation Army (KLA) is Each incremental deployment into the Balkans tendencies of the Kosovar Albanian popu- fighting for independence, not autonomy. The is bound to weaken our ability to deal with lation. And the Albanians in Kosovo are insist- KLA is certain to try to use the cease-fire to Saddam Hussein and North Korea. The psy- ing that a NATO presence remain for at least expel the last Serbian influences from the chological drain may be even more grave. province and drag its feet on giving up its three years! Each time we make a peripheral deployment, In short, we lack an exit strategy. This is the arms. And if NATO resists, it may come under the administration is constrained to insist that same point that House Members argued four attack itselfÐperhaps from both sides. What is the danger to American forces is minimalÐthe years ago regarding Bosnia. At that time, the described by the administration as a ``strong Kosovo deployment is officially described as a Administration discounted our warning that, peace agreement'' is likely to be at best the ``peace implementation force.'' Such com- once deployed, U.S. troops would be in Bos- overture to another, far more complicated set ments have two unfortunate consequences: nia for the long haul. Well, we were right and of conflicts. They increase the impression among Ameri- Ironically, the projected peace agreement in- the Administration was wrong. cans that military force can be used casualty- I absolutely do not condone anything that creases the likelihood of the various possible free, and they send a signal of weakness to the Serbians have done. In many ways, they escalations sketched by the President as jus- potential enemies. are their own worst enemy. Belgrade has tification for a U.S. deployment. An independ- MILITARY READINESS been condescending and abusive of the rights ent Albanian Kosovo surely would seek to in- Where will the money be coming from to of ethnic Albanians, and their brutality gave corporate the neighboring Albanian minori- support Kosovo deployment? Will it be pulled rise to the KLA. My concern is, do the very tiesÐmostly in Macedonia or FYROMÐand from readiness accounts? As recently as Mon- real abuses of the Serbian forces warrant the perhaps Albania itself. And a Macedonian con- day, March 8, in an HASC hearing that in- long term deployment of an undetermined flict would land us precisely back in the Balkan cluded Maj. Gen. Larry R. Ellis, the 1st Ar- number of U.S. ground troops? wars of earlier in this century. Will Kosovo mored Division commander (Germany based Mr. CROWLEY. Mr. Chairman, I then become the premise for a semi-perma- division now with troops in Bosnia and FY yield 2 minutes to the gentleman from nent NATO move into Macedonia just as the ROM), five other flag officers, and a group of Maryland (Mr. WYNN). deployment in Bosnia is invoked as justifica- mid-grade and senior noncommissioned offi- Mr. WYNN. Mr. Chairman, I thank tion for the move into Kosovo? Is NATO to be cers, readiness was described as ``a rubber the gentleman from New York (Mr. the home for a whole series of Balkan NATO band that is stretched very, very tight.'' While CROWLEY) for yielding me this time. protectorates? military strength has drawn down, deploy- Mr. Chairman, I rise in strong sup- In Bosnia, the exit strategy can be de- ments have picked up steadily and there port of the resolution. The only prob- scribed. The existing dividing lines can be aren't enough people to do the job. Across the lem with being a world leader is that made permanent. Failure to do so will require board, readiness is wearing dangerously thin. sometimes we have to lead. In the first their having to be manned indefinitely unless A former militaryman described the plight of instance, leadership requires patience, we change our objective to self-determination the mid-career professional soldier this way: and in that context, although I strong- and permit each ethnic group to decide its ``They are sent to far-off places with inad- ly support the resolution, I believe it is own fate. In Kosovo, that option does not equate support, pointless missions and foolish premature. exist. There are no ethnic dividing lines, and rules of engagement so the cocktail party set We have representatives in the region both sides claim the entire territory. America's back in D.C. can have their consciences feel attempting to negotiate a framework attitude toward the Serbs' attempts to insist on good.'' for peace. We should not be debating their claim has been made plain enough; it is ``We keep drawing down long-term readi- whether or not we are going to inter- the threat of bombing. But how do we and ness to meet near-term missions,'' said Gen. vene at this point. NATO react to the Albanian transgressions Charles C. Krulak, the Marine Corps com- Having said that, I do support our and irredentism? Are we prepared to fight both mandant. ``That is severely straining our long- intervention in the context of this res- sides and for how long? In the face of issues term readiness and modernization efforts.'' olution. It seems to me that leadership such as these, the unity of the contact group A 4,000 troop commitment translates into also requires taking some risk and also of powers acting on behalf of NATO is likely 12,000 troops involved in Kosovo support adopting some unpopular positions. to dissolve. Russia surely will increasingly (4,000 training to go in, 4,000 on the ground, I do not think anyone is cavalier emerge as the supporter of the Serbian point and 4,000 being retrained upon coming out). about putting American troops in of view. This is demoralizing, it degrades retention, harm’s way, but the fact remains that The President's statements ``that we can and leads to questions about management. if we are going to support peace around make a difference'' and that ``America symbol- Secretary Cohen said yesterday that NATO the world, if we are going to try to izes hope and resolve'' are exhortations, not forces would enter Kosovo to maintain an on- maintain and promote an environment policy prescription. This is bumper sticker for- going peaceÐthat may be true, but it is cer- for peace, we have to get involved. eign policy. Is NATO to become the artillery to tainly debatable. Indeed, this Member would Amendments later today will set pa- end ethnic conflict? If Kosovo, why not inter- argue that we are talking about peace-en- rameters for our involvement. We are vention in East Africa or Central Asia? And forcement, not peacekeeping. And I would re- not talking about an extensive involve- would a doctrine of universal humanitarian mind my colleagues that our last experience ment. We are talking about a limited H1196 CONGRESSIONAL RECORD — HOUSE March 11, 1999 involvement, with the limited use of Consistent with international law, What will be said about this Congress American troops. we do not have the legal authority to is that with our NATO allies at the The fact remains we are a world lead- intervene against the will of the sov- ready, Congress abdicated the United er. We are a leader in NATO, and if we ereign state involved. States role as a world leader. want to maintain that position of lead- Policy statements of the administra- Blessed are the peacemakers. ership, we cannot back away, we can- tion that we would participate in We are able to make peace because not cut and run when we are con- bombing of Serbian targets if the Fed- we are the strongest nation in the fronted with an unpopular situation. eral Republic of Yugoslavia did not world. We are able to make peace be- Some will say in the course of this sign an agreement written by us or cause we have been committed to debate, we do not know what the objec- someone is an appalling notion. peace. tive is. The objective is abundantly An agreement, even if it is signed Listen to the words of John F. Ken- clear. We are trying to maintain a under a direct threat of aerial bom- nedy’s inaugural. He said that we have framework for peace and maintain an bardment, is not worthy of being called been unwilling to witness or permit the environment for peace. We are trying an agreement. If the government of the slow undoing of those human rights to to prevent genocide. Federal Republic of Yugoslavia does which this Nation has always been Thirdly, we are trying to prevent the not accept the agreement we wrote for committed and to which we are com- spread of this violence throughout the them, I must condemn American mili- mitted today at home and around the region, which could lead to even great- tary action that our country will be in- world. er catastrophe. This is not a popular volved in for what it will be, an act of We are challenged every day to renew situation. This is a situation that calls war without sanction under our Con- our commitments to peace, to justice, for American leadership. stitution or international law. to the American way of democratic I think we should proceed on that as- As to the ethnic majority in Kosovo, principles, to lifting the burden of our sumption, allow U.S. troops to be in- who is duly authorized to bind them to brothers and sisters anywhere in the volved to a limited extent in the con- an agreement? Is it Mr. Rugova, the world, to becoming the light of the text of a negotiated treaty. I hope peo- head of the Democratic League of world. ple will rise above narrow concerns and Kosovo? Or is it Mr. Demaci, who is de- Our Star Spangled Banner asks this take a broader view. scribed as, quote, the chief political question every day: Oh, say, does that We used to have a notion that Ameri- representative of the Kosovo Libera- star spangled banner still wave over cans were about preserving world tion Army? the land of the free and the home of the peace. I think we should continue to This gentleman has resigned and con- brave? adopt that position. demned those in the KLA who are in- Let us continue to demonstrate that Mr. GILMAN. Mr. Chairman, I yield 3 clined to vote for the so-called agree- we will be brave so that we may remain minutes to the gentleman from Vir- ment. free and that others may remain free. ginia (Mr. BATEMAN), a member of the By what authority, if any, was Mr. Let us not turn our backs on peace. Let Committee on Armed Services. Thaci charged with the formation of a us not turn our backs on our allies. Let (Mr. BATEMAN asked and was given provisional ethnic Albanian govern- us not turn our backs on those prin- permission to revise and extend his re- ment? ciples which have helped form this Na- marks.) My generation has a special affinity tion. Let us not turn our backs on Mr. BATEMAN. Mr. Chairman, I am for collective security, and I have and those who thirst for justice, on those more than aware of the prospects of hope to remain a steadfast supporter of who hunger for righteousness, on those negative consequences if our country our NATO alliance. who look to the United States to be declines to become involved in a peace- I wish this debate was not taking first in peace. keeping or peacemaking mission in place today but unfortunately it must b 1400 Kosovo, but in its present form I can- because if it did not, any debate would not support the resolution before us. come only after the President had com- Mr. GILMAN. Mr. Chairman, I thank If I had some confidence that it mitted us to a military action without the gentleman who has just made a would indeed be a peacekeeping mis- the consent of a majority in the Con- very eloquent address, the gentleman sion, I would feel much differently. gress and with only minimal consulta- from Ohio (Mr. KUCINICH), for his sup- Even if certain people signed an agree- tion. porting remarks. ment that others have written for Mr. GEJDENSON. Mr. Chairman, I Mr. Chairman, I yield 21⁄2 minutes to them, which is the case here, and have yield 21⁄4 minutes to the gentleman the gentleman from California (Mr. cajoled them into signing it, it will not from Ohio (Mr. KUCINICH). CUNNINGHAM), a member of the Com- be a true peace agreement. Mr. KUCINICH. Mr. Chairman, Jesus mittee on Appropriations. An agreement requires consent. Ab- said, blessed are the peacemakers for Mr. CUNNINGHAM. Mr. Chairman, I sent true consent, we will not be en- they shall be called the children of will not condemn any one of the Mem- forcing or keeping the peace. We will God. bers in here for the way that they vote be making a peace foisted upon parties What can be said of a Congress which on this. They do it so because they whose goals are widely disparate and will not let the United States make have different knowledge, they have who are determined to resist by vio- peace in Kosovo? What can be said of a different beliefs. But I do resent the lence those who oppose the achieve- Congress which would intervene at a minority leader impugning the motives ment of their goal. critical point in peace negotiations and of many of us. Our country has repeatedly enun- take steps to undermine a peace agree- I make my statements on some very ciated a policy that recognizes Serbian ment? What can be said of a Congress deep, rich beliefs and experience from sovereignty over Kosovo. While we which refuses to let the United States training, of planning innovations in have urged a high degree of autonomy join hands with other peacekeepers of the defense of countries all over this for that province of Yugoslavia, we the North Atlantic Treaty Organiza- world on military staff. And I hated have not endorsed the determination of tion? politicians that sat in soft, cushy the ethnic Albanian majority for inde- What can be said is this: If we are not chairs and put our men and women in pendence. For our country to intervene letting peace be waged, then we are let- harm’s way so easily, they who had in an issue of the operative relation- ting war be waged. never done that themselves. ship between the central government of What can be said is that if we are not Kosovo is not an independent state, Yugoslavia and one of its provinces thoughtful as to the consequences of it is part of Greater Serbia. When we would be tantamount to Great Britain our actions today upon the Kosovo go into the full committee, I want to having intervened in our Civil War on peace talks, then we are as sorcerer’s put in here some 1,500 shrines and sanc- behalf of the Confederate States of apprentices, mindlessly stirring a caul- tuaries that the Serbs have in Kosovo, America. History has verified the wis- dron full of the blood of Balkan inno- the birthplace of the orthodox Catholic dom of our English friends in not hav- cents. When this cauldron is stirred, religion. This is their homeland. This ing done so. there will be blood on our hands. is a map of Albania. The Albanians do March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1197 not want just Kosovo, they want part and murder and extermination of inno- So there is a humanitarian purpose; of Greece, they want Montenegro, and cent people there? The only thing that there is a peacekeeping purpose, and in they want Kosovo. This is a map of the differentiates Kosovo from the Persian my judgment, the very purpose of massacred Serbs, Jews, gypsies that Gulf War is that there is no oil there. NATO would be frustrated; it would be the KLA has murdered in recent times, But there are principles there. The eviscerated if we turned our back and not World War II. The KLA is sup- same principles that compelled Presi- walked away. ported by the mujahedin, Hamas, and dent Bush decide to send not 4,000 Mr. Chairman, leadership imposes even bin Laden. Get George Tenet’s NATO U.S. forces, but half a million heavy burdens and a cost must be paid, brief, classified brief. That is about as American troops to the Persian Gulf; but we either are going to lead in the far as I can go. President Bush, who drew a line at struggle, and it is a struggle for world This is a list of where the Serbs es- Kosovo at Christmas 1992, when he peace, or we are going to be on the tablished Kosovo and were ethnically said, we are drawing the line, we are sidelines. I think for the vitality of cleansed and murdered and forced to not going to allow Bosnia to be re- NATO, for our role in NATO as a lead- flee across the Danube, their homeland, peated. er, for integrating the peacekeeping and Albanians filled the void. Yet, they Now we have another President, a forces with these other countries, are defending their own homeland right Democratic President who says the clearly we have to participate, and I now and being murdered. same thing. One of the great heroes of will support the resolution. Now, Milosevic is an impediment. He the second war in public service, Sen- Mr. GEJDENSON. Mr. Chairman, I needs to be removed, in my opinion, ator Bob Dole, yesterday told us in yield 2 minutes to the gentleman from much worse than that. So is Tudjman. committee he is passionately commit- Missouri (Mr. SKELTON), the ranking But then we look at Itzebegovic, who ted to this course of action. Democrat on the Committee on Armed has 12,000 mujahedin and Hamas sur- I am sick and tired of my colleagues Services. rounding him. The prime minister saying, this is in Europe; let the Euro- Mr. SKELTON. Mr. Chairman, I under him trained with Kadafi. If we peans deal with it. Sarajevo was in Eu- thank the gentleman for yielding me want to talk about a foreign policy and rope. That was the genesis of the First this time. Our colleague from Illinois posed the we say we are saving lives, it is a pow- World War. Czechoslovakia was in Eu- question, is NATO worth it? Abso- der keg when we move out of there. Let rope. That was the genesis of the Sec- lutely. NATO is worth it. us not send our men and women to ond World War. First, we should understand those These people who never learn, who Kosovo. pages of history that point out that are uneducable cannot carry the day Mr. GEJDENSON. Mr. Chairman, I World War I started in the Balkans, today. I plead with my colleagues to yield 5 minutes to the gentleman from and if NATO in its role in keeping give our government an opportunity to California (Mr. LANTOS). peace in Europe can be fulfilled, it will Mr. LANTOS. Mr. Chairman, I thank participate in a NATO peacekeeping be necessary for NATO to do a peace- my friend for yielding this time to me. force to the tune of 4,000 American sol- keeping mission in Kosovo. There is an air of unreality about diers to keep the peace. This is the Second, in answer to the gentleman’s this debate. Tomorrow, some of us will only honorable way, and this is the question, is NATO worth it, history be at the Harry Truman Library in only way not to undermine NATO and also tells us that we have had more Independence, Missouri, when Hungary, the hope of mankind. years of continuous peace in Europe the Czech Republic and Poland will for- Mr. GILMAN. Mr. Chairman, I am since the days of the Roman Empire. mally become members of NATO. pleased to yield 2 minutes to the gen- NATO not only is worth it, it works, NATO, this incredible defensive alli- tleman from Illinois (Mr. HYDE), the and the United States of America is ance, which kept the peace in Europe distinguished chairman of the Commit- the leader of NATO. for two generations, which resulted in tee on the Judiciary and a member of Tomorrow in Independence, Missouri, the collapse of the mighty Soviet our Committee on International Rela- at the Truman Library, with the Sec- Union, and which is the cornerstone of tions. retary of State present as well as other security, not just for Europe, but for (Mr. HYDE asked and was given per- noted Americans, the 50th anniversary much of the rest of the world, and we mission to revise and extend his re- of NATO will be celebrated. are now debating as to whether, after marks.) Today, by this vote, we will declare the Albanians and the Serbs agree and Mr. HYDE. Mr. Chairman, I recognize whether NATO is worth it, whether invite us, we might participate with this is a very difficult decision, and I NATO is to fulfill its goal and mission the force of 4,000 in a NATO contingent regret disagreeing with some of my in the days and years ahead. I agree of 28,000 to keep the peace in Kosovo. colleagues who oppose the participa- with the resolution. My wife and I went to Kosovo the tion of our forces in the NATO peace- I might also say that I have an first time maybe 35 years ago, and we keeping effort, but it boils down really amendment which I do not see how have been back there many times to a simple proposition: Is NATO anyone could vote against. Later in the since. It is the only place in Europe worthwhile? What is the purpose of day, my amendment to this resolution where one can find a beautiful young NATO? What is our role with NATO? will be to the effect that there should woman of 22 or 23 who has two teeth We are the leaders of NATO. NATO is be no troops deployed until there is an because they have no dental care. an extremely useful institution to agreement and a subsequent vote. But There is a grinding poverty that bog- have. It is beginning to integrate Ger- the bottom line is, NATO, Mr. Chair- gles the mind, and these people have many in this exercise. Germany is to man, is worth it. been suppressed, persecuted, given provide 3,000 troops, the British, 8,000, Mr. GILMAN. Mr. Chairman, I am third class citizenship for a long time. the French, 6,000, the United States pleased to yield 2 minutes to the gen- This is our opportunity to do a tiny 4,000, and to what end? To stop geno- tleman from Virginia (Mr. BLILEY), the bit, a tiny bit of what the great genera- cide. To stop the slaughter. To be distinguished chairman of our Commit- tion of the second war did under infi- peacekeepers. tee on Commerce. nitely more dangerous circumstances There really is a moral obligation on (Mr. BLILEY asked and was given with infinitely greater sacrifices. those people who have the resources to permission to revise and extend his re- Sunday night, the two vice presi- intercede when people are being wan- marks.) dential candidates of the last presi- tonly, atrociously killed, and that is Mr. BLILEY. Mr. Chairman, I want to dential election, AL GORE and Jack what our purpose is. We have a na- address my remarks to my colleagues Kemp, join me for the Washington pre- tional purpose: to prevent the spread of on this side of the aisle. Yes, the Clin- mier of The Last Days, a movie about this conflict. If we appease Milosevic, if ton administration has failed to ad- the Holocaust. The pictures of that we leave the field and let the killing go dress the American people on why we movie will remain with everybody who on, we are inviting a wider spread of should be in the Balkans, why we will ever see that movie. Do we want the war that could involve two of our should be in Bosnia, and why we should such movies made of Kosovo? Have we NATO allies on the opposite side, be in Kosovo. But let me tell my col- not had enough slaughter and massacre Greece and Turkey. leagues, I have spent 15 years as a H1198 CONGRESSIONAL RECORD — HOUSE March 11, 1999 member of the U.S. delegation to the America’s young defenders to Kosovo. Mr. GEJDENSON. Mr. Chairman, I NATO parliamentary group. I now We are being asked to deploy our yield myself such time as I may con- serve as the Vice President. We must troops yet again, eroding our overall sume. be a participant in Kosovo. strength even as new threats are be- Mr. Chairman, I would just say, the Why? Because the Europeans cannot coming evident in Asia. Our military is gentleman’s proposition would lead to do it themselves. They have historic al- being stretched so thin we are putting arms races globally, and increased liances. The French and the Russians them at grave risk. murder. The choice we have here today have been with the Serbs. The Germans Unlike what is happening in the Bal- is to support peacekeeping, as com- and the Italians have been with the Al- kans, there are other national security pared to warmaking. It is the right use banians. If we are not there and the threats to our country. By dissipating for our people. NATO alliance is not able to go be- our limited resources, asking our mili- Mr. Chairman, I yield 2 minutes to cause we are not there, we are going to tary for yet more sacrifice, we are the gentleman from North Dakota (Mr. see the fighting begin again. doing a horrible disservice to our coun- POMEROY). When the Yugoslavs begin bringing try and to its defenders. Mr. POMEROY. Mr. Chairman, I in heavy weapons, the Kosovos are I have no doubt that the people of thank the gentleman for yielding time going to call on their Albanian broth- Kosovo have a right to their self-deter- to me. ers to come to their aid. We run the mination, just as the people in Slove- Mr. Chairman, I would ask, what risk of Macedonia being involved or the nia had a right to their self-determina- does it say about the United States and former Yugoslav Republic of Macedo- tion, in Croatia, in Macedonia, and in its NATO allies that we cannot take on nia, and then the really big danger that Bosnia. Yes, we were given an option a two-bit bully down the block? By al- we have of the Turks and the Greeks lowing Milosevic to get away with his becoming involved. then, do nothing or send in the troops. We could have then provided the sup- third brutal war in a decade, the b 1415 port necessary for those people to fight United States and NATO will send an Remember, World War I began at Sa- for their own independence, but in- encouraging message to dictators, ag- rajevo. Remember, we hesitated and stead, we held off, and then it was just gressors, and terrorists around the did not go into Bosnia right away. We send in the American troops. globe. Those are not my words, Mr. Chair- were treated every night to the atroc- But the people of Kosovo, just like man. Those are the words of majority ities on CNN. Please, support the reso- the people in Croatia, are willing to leader Bob Dole in his testimony yes- lution, even though the administration fight for their own freedom. We are terday to the Committee on Inter- has failed to come forward and ade- being told, it is either send troops or do national Relations. He is now charged quately address the Congress and the nothing. That is nonsense. If we are too with getting the parties to an agree- American people. timid to even recognize that the people ment, and is in the final stages of ac- Mr. GEJDENSON. Mr. Chairman, I of Kosovo, 90 percent of whom want complishing that extraordinarily dif- yield 1 minute to the gentlewoman their independence, they are Muslims, ficult undertaking. from Georgia (Ms. MCKINNEY). Albanians, who do not want to be under It is therefore deeply regrettable, Mr. Ms. MCKINNEY. Mr. Chairman, un- the heel of oppression of the Serbs, if Chairman, that we are having this de- fortunately, today we are debating we cannot at least recognize their inde- bate today. How can we reasonably sending U.S. forces to keep a peace pendence, if we are too timid to do make a decision on a resolution regard- that does not exist, to carry out an that, how can we ask our own military ing a peace agreement when the peace agreement that has not been agreed to, to jump in the middle of that cauldron? and to assist people on both sides who agreement itself has yet to be final- There is no peace plan. There is no ized? do not seem to want our help. peace plan at all. Our troops will end We are being asked to vote on some- But we are where we are, so I urge up either being the police force of the Members to vote for the resolution. thing we cannot even see, and to sign a Serbians, or we will end up fighting the blank check. We have written blank The slaughter that has been occurring battle that the people of Kosovo are in Kosovo is so deeply disturbing. If we checks before, and we have discovered willing to fight for themselves. afterwards just how high the cost has look at the statistics, they are shock- We have been promised things before been. In what we do on Kosovo, we ing. If we look at the individual ac- in the Balkans. We have been promised, should first make sure that we have an counts, they are even more disturbing. the last time we have sent our troops, agreement, know the plans, and know I have a 5-year-old daughter at home. that it would take 1 year and $2 billion. the cost. When I read the New York Times ac- In thinking about the cost, we should That was 5 years and $12 billion ago. count of the 5-year-old that was hunted realize how much our own reckless ac- That dissipation of our money, that down in her backyard and brutally tions have added to the bill. For years stretching our troop strength so wide murdered, and the photograph of her we have been selling our highest tech- that it is about to break, is causing little shoes in the garden, it is some- nology weapons to countries whose great damage to our national security. thing of a tragedy of a magnitude we possible involvement in this conflict is The Balkans is not in America’s na- cannot ignore. important, both for those who want us tional security interest. We can talk The U.S. role being considered is only in and those who want us to stay out. about NATO in nostalgic terms all we a minor, supporting role. Our partici- By our own actions we have greatly want. The job of NATO was done when pation will be 15 percent or less, we are raised the stakes for such a conflict, the Soviet Union split apart. It is not told. It is a situation where we have to and we have raised the risks that our our job now, because at that time it do our part to bring the genocide and soldiers again and again unnecessarily was in our national security interest. atrocities to an end. Vote yes on the will be facing the products of our own Now it is not in our interest to send resolution. factories. our young people all over the world, Mr. GILMAN. Mr. Chairman, I am If the parties in Kosovo really want trying to be the police force of the pleased to yield 2 minutes to the gen- peace, they will both sign the agree- world in a way that it weakens us as a tleman from Colorado (Mr. HEFLEY), a ment, and if they do not, the mission of Nation, so when there are threats to us member of the Committee on Armed our forces will be truly impossible. from China or from elsewhere, or in Services. Arms selling and peacemaking do not Korea, that we will be unable to act, Mr. HEFLEY. Mr. Chairman, I thank mix in Kosovo or anywhere else. and that perhaps thousands of Amer- the gentleman for yielding time to me. Mr. GILMAN. Mr. Chairman, I am ican lives will be lost in situations like Mr. Chairman, I am delighted we are pleased to yield 3 minutes to the gen- that. doing this debate today. I think that tleman from California (Mr. ROHR- Let us support the people of Kosovo’s for us not to do this and to wait until ABACHER), a member of our Committee right to self-determination. Let us give it was too late would be a terrible mis- on International Relations. them the weapons they need to do their take. I think, as a member of the Com- Mr. ROHRABACHER. Mr. Chairman, own fight, and not have American lives mittee on Armed Services, there are I rise in strong opposition to sending at stake. four considerations that we need to March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1199 consider before we send troops into appreciative of the United States, parents. This is having a terrible effect Kosovo. knowing that the United States is the on morale and retention of a fine, First, the manner in which this ad- one and only superpower in the world. qualified, uniformed service. ministration has circumvented the leg- We also know that we do not want to This Administration’s neglect of our islative process when it comes to de- be the Big Brother in the world, as troops has led to fewer troops reenlist- ployment of U.S. military forces well. But we also realize that we have ing and more troops leaving the Armed around the world has been unprece- a responsibility. We also know that Forces. Some of our men and women in dented, so it should come as no sur- that is where World War I started, was uniform are actually on food stamps. prise that the President does not want in the Balkan area. This is an outrage. us to debate this today. The President We have to ask ourselves the ques- It is time for this administration to is the Commander in Chief, but he has tion, how can we help? How can we be put its money where its mouth is. It is a consultative partner in the Congress. supportive, knowing that whatever we time for it to draw a line in the sand, He ought to consult us about these do it is not going to be just a unilateral and demand that we send the right things. effort, it is going to be a number of amount of funds to support our troops, When we were debating Bosnia, Mr. other countries in concert with the particularly if now we are going to Chairman, when we were going to de- United States agreeing on a peace send 3,000 more troops overseas to sup- bate it that night, the President told plan? port another unending overseas deploy- me he did not care what we thought The atrocities over there are horren- ment. about Bosnia. He did not care. He was dous, how peoples’ lives have been de- b 1430 sending troops into Bosnia anyway. stroyed, their homes are being de- Mr. GEJDENSON. Mr. Chairman, I That should not be the attitude of the stroyed, the looting. It was an orches- yield 2 minutes to the gentleman from trated conspiracy, and Milosevic, oper- Chief Executive. So we are doing some- Maryland (Mr. CUMMINGS), former thing right here today. Even if he does ating in Belfast, is going to look at all speaker of the Maryland House. not care what we think, we are doing of the things we are doing or not doing. Mr. CUMMINGS. Mr. Chairman, I something that should be done. Yet, we know what Senator Dole has want to thank my colleague for yield- Secondly, before we send troops in we already said. The Republican nominee ing time to me. should have a measure of success. How for President has made it very clear Mr. Chairman, I stand today in sup- do we know when we have done our why. This was before the Committee on port of House Concurrent Resolution job? How do we know when we are fin- International Relations just yesterday. 42. Probably one of the most signifi- ished, when we have completed it? I do He said, ‘‘I would rather have the vote cant moments of my life was when, not see that in the plan at this point. come after the agreement between the back in December of 1997, I went over I do not see any clear mission or goals Kosovar Albanians and Serbia.’’ I think to Bosnia with the President. There I or accomplishment standards, what he is correct, because are we going to saw our troops. When we arrived in will be the measure of success. put ourselves in a position where we Bosnia at about 5 or 6 o’clock in the Third, for the United States to enter are going to be responsible for ruining morning, thousands of people had stood the region, there should be a signed any opportunity for peace at the table? all night just to simply say thank you agreement by both the Albanians and Let us support our leadership, and let for saving our lives. Thank you for giv- the Serbs. Following that, there should us have peace in Kosovo. ing us our lives for Christmas. be a request that we in NATO come in Mr. GILMAN. Mr. Chairman, I am The President is right. We have to to help them. This is a civil war in a pleased to yield 2 minutes to the gen- act. We cannot just stand aside and sovereign nation. We should be there tleman from Florida (Mr. WELDON). allow lives to be lost. The fact is that only at their request. Mr. WELDON of Florida. Mr. Chair- we have a duty, and we must fulfill I recently visited similar nations in man, I thank the gentleman for yield- that duty. Lest we forget, let us not the Balkans. We can see the hatred all ing time to me. turn a blind eye. Remember the Holo- over that part of the world. The idea I rise reluctantly to speak in opposi- caust, remember South Africa, remem- that we would be so arrogant as to be- tion to sending our the United States ber Rwanda. lieve that we can go in and fix a prob- Armed Forces into Kosovo. If we look Our Nation is a very, very powerful lem without the full participation of at the U.S. military, it is overwhelm- nation. The fact is, is that we have to all the stakeholders in this is just ri- ingly apparent that the Clinton admin- stand up and bring peace and bring life diculous. Then it is even more arro- istration has placed our military budg- to life. So I stand in support of House gant, I believe, to think we can mollify et and the needs of our men and women Concurrent Resolution 42 and urge all this problem in a short period of time. in uniform on the back burner while of my colleagues to vote for it. We may be there a while, if we go in. greatly increasing the number of over- Mr. GILMAN. Mr. Chairman, I am Mr. GEJDENSON. Mr. Chairman, I seas deployments. pleased to yield 2 minutes to the gen- yield myself such time as I may con- By reducing our national defense tleman from New York (Mr. HOUGH- sume. budget and failing to provide the fund- TON), a member of our Committee on I would like to say that for all the ing necessary for training, equipment, International Relations. talk of an end game, if we had had the and compensation, this administration (Mr. HOUGHTON asked and was discussion when we put NATO forces in is eroding morale and troop strength. I given permission to revise and extend Europe to stop Communist expansion, cannot, in good conscience, support his remarks.) and said, how long are you going to be sending our troops again overseas to Mr. HOUGHTON. Mr. Chairman, I am there, are you going to be out of there support another overseas mission. It is tempted to go through the philosophies in 2 years, out in a year, we would have not fair to our troops. It is not fair to and the history and the risks and the lost Europe while we were debating our families. costs that are involved here. But to how long we would stay. Let us review some of the facts on me, and it may be a reflection on my Mr. Chairman, I yield 2 minutes to this issue. The number of active duty own position, to me, it is a very simple the gentleman from Tennessee (Mr. army divisions has been reduced from issue that we are in a situation now CLEMENT). 18 to 8. Under the Clinton-Gore admin- where decisions have to be made. We Mr. CLEMENT. Mr. Chairman, I istration, the number of fighter wings can be doubtful and unclear and opin- thank the gentleman for yielding time has gone down from 36 to 20. Our naval ionated about some of the things, to me, and thank the gentleman from forces have been reduced by 30 percent. whether it is the reigniting of anarchy New York (Mr. GILMAN). Today our troops do not have enough in Albania or destabilizing Macedonia, This is a serious matter, we all know ammunition. The Army is short $1.7 but that is not the point. that. But the fact is, I think a lot of us billion in ammunition, the marines The point is this is a horrible time I are questioning the timing of this. I $193 million. Too many of our men and think to have this debate. If we are was in Bosnia last year with the gen- women in uniform have gone too long going to have peace, we must have suc- tleman from Missouri (Mr. IKE SKEL- without seeing their families, their cessful negotiations. We are right in TON) and others. Those people were so wives, their husbands, children, and the middle of negotiations now. H1200 CONGRESSIONAL RECORD — HOUSE March 11, 1999 If we vote down this resolution, the One of the most important accom- there shall be a referendum vote for negotiations have no merit because plishments of which America can be independence. there is no incentive for the people to justly proud is its victory in the Cold God, we are here in the halls of Wash- continue the negotiations. If we vote War, a 50-year struggle during which ington and Lincoln. In 1986, they told for this resolution, we can continue the literally 500 million people were liber- us, there would be more genocide, more negotiations. It is a nonbinding resolu- ated from control of the Soviets. killing, more oppression, and we have tion. If we want to, we can take up the Our ideals, our American ideals of de- done nothing, and we are about to issue whether we should have troops in mocracy and market capitalism are in make the same mistake. Bosnia or not. triumph throughout the world, but not This is a tough vote for me. But our So, therefore, it is a very clear issue. in every corner of the world. With that committee must look at those facts, Do we want to continue the negotia- triumph comes some responsibility. Mr. Chairman. My bill clearly speaks tions? Do we not want to continue the In the Balkans where slaughter and to it. There should be an amendment negotiations? I am for continuing, and bloodshed and systemic rape as a tool on this floor to modify that agreement, I am for this resolution. of terror have been used over and over at least the sense of this House to, in Mr. HOEFFEL. Mr. Chairman, I yield again, where families and villages have fact, infer that that subject mattered. 2 minutes to the gentleman from Texas been wiped out, America properly has a Be careful here. It just is not about (Mr. LAMPSON). role, not the only role, but a leading deploying troops. Europe should be pro- Mr. LAMPSON. Mr. Chairman, I rise role. But this is a sobering debate viding those ground troops. We should today to urge my colleagues to help frankly because of some of the failures be providing the air and strategic sup- Kosovo achieve peace, not only for the of our foreign policy that got us here. port. But it is a tough vote, and I give benefits of the thousands of people liv- I am in support of the Gilman amend- credit to the Speaker for at least tak- ing in that troubled area of the world, ment, because I believe in America’s ing up the issue. Our war making pow- but also for their family members who role in ensuring the peace, in ensuring ers should not come down from the live here in the United States. a strong, integrated Europe. But let us White House. Let me tell my colleagues about a remind ourselves of the fact that the Mr. GILMAN. Mr. Chairman, I am pleased to yield 2 minutes to the gen- family in my southeast Texas district Dayton Accord helped perpetuate this tleman from South Carolina (Mr. SAN- who has loved ones who are trapped in because the people of Kosovo who pur- FORD), a member of our Committee on violence-torn Kosovo. John and Lisa sued a nonviolent strategy were left International Relations. Halili, who own and operate an oyster out. The message that was translated Mr. SANFORD. Mr. Chairman, I and shrimping business in San Leon, from the State Department was that stand as one against sending troops to watch 24-hour television and read we will only be engaged if violence is Kosovo and one very much behind the newspapers with anxiety and anticipa- pursued as a tool. That is the wrong timing of this vote for a couple of dif- tion each and every day. Why? Because message. ferent reasons, but one in which was John’s father and brother, and many The message from Milosevic was, if well described by Henry Kissinger yes- other people, have been forced to flee one pursues a strategy of violence and terday. their homes and, in one instance, hide terror, one can consolidate their gains; Yesterday, he said before our com- in a single house in the village of and we will not push them back, and mittee that he and President Nixon be- Vushtrri. they will win. lieved that we were in trouble in Viet- Unfortunately, Bajram and Idriz When our lead negotiator, the Spe- nam because our predecessors had Halili have been unable to leave their cial Envoy to the Balkans, praised launched the U.S. into an enterprise in hideaway and escape to the safety of Milosevic for his cooperation in Bosnia a distant region for worthy causes but the United States. So they, along with and branded the Kosovo Liberation without adequately assessing the na- their son and daughter-in-law in Texas, Army, ‘‘without question a terrorist tional interest and the likely cost. wait and wait and wait for peace to organization,’’ what is the message Now, not after the troops are deployed, come to Kosovo and the entire region. that he sends? not after troops are in the field, but Feeling helpless and sometimes hope- We must be there because of a failed now is the time to assess that cost. less, John and Lisa have contacted me, American foreign policy, but we must I do not think it passes the cost test hoping that I, as a United States Rep- also be there to keep the people of for a couple of different reasons, the resentative, could do something to di- Kosovo confident in America’s efforts. first of which is the domino theory has minish their worry or reunite their Mr. HOEFFEL. Mr. Chairman, I yield long been disproven. Clifford Clark was family. 2 minutes to the gentleman from Ohio sent by Lyndon Johnson to see our C2 Unlike the Halilis, Congress is not (Mr. TRAFICANT). allies in Southeast Asia over 30 years helpless, nor should it be hopeless Mr. TRAFICANT. Mr. Chairman, a ago to use the same argument. The C2 about peace talks in Kosovo. I know 1986 intelligence report warned us of allies said, no, we do not think this that there are other areas of the world today’s debate. They said the genocide will grow into a giant conflict in that are crying out for help, including in Kosovo will end by one of two Southeast Asia. We choose not to go places in our own country. But where means, by Western governments assist- into South Vietnam or North Vietnam. we can make a difference, we have an ing and pressuring Belgrade to grant We ignored their advice and, as a re- obligation to do so. We have the duty independence to Kosovo, or be revolu- sult, 50,000 American boys died. to do whatever it takes to help this tionized. The domino theory has been troubled region of the world create an This is a tough vote. I, like every- disproven. For us to send boys into environment of peace for its people and body else, want to stop the slaughter in Kosovo means it has got to pass the their families who live within all of our Yugoslavia and in Kosovo. But let me mommy test. The mommy test for me Congressional District. say this, today’s vote will also reward means it is not only in our strategic in- We as a Congress have a responsibil- an international tyrant Milosevic, be- terest, but we also have a chance in ity to support the President so that the cause we will be rewarding a flawed making a difference. United States speaks with one voice on agreement. Here, as my colleague just pointed foreign policy. This agreement should be modified to out just a moment ago, we were sign- Mr. GILMAN. Mr. Chairman, I am say, number one, upon enactment of ing an agreement with Milosevic, who pleased to yield 2 minutes to the gen- the agreement, there should be no Ser- is a person who does not exactly have tleman from New York (Mr. LAZIO). bian troops in Kosovo; number two, a a lot of trust in the world community. Mr. LAZIO. Mr. Chairman, I want to provision clearly warning Milosevic he Yet we are validating him by signing begin by congratulating and thanking will be bombed if he violates the terms an agreement with him. In other the chairman, the gentleman from New of the agreement; number three, that words, we are building an agreement on York (Mr. GILMAN) for his leadership in all war criminals will be apprehended shifting sand. helping to move this to a debate which and will be subject to prosecution, bar Thirdly, I would say that troops are is such an important part of this proc- none; and, number four, that, on con- thought to be used as policemen. Mod- ess. clusion of the terms of Rambouillet, ern armies are designed to move. They March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1201 are not designed to stand still. I sat on b 1445 will be saved. Thousands of these chil- a plane the other day with a young en- Since World War II we have not been dren will live to grow up. And if we listed officer who complained about the diligent here in the Congress to protect fail, many of these people will die. fact that he had not seen his baby in 6 our prerogatives with respect to the With all that at stake, at a time months and was being used as a police- declaration of war. Korean and Viet- when these poor people are looking to man in Bosnia. nam wars were fought without a dec- us for stability, to help them find their Mr. HOEFFEL. Mr. Chairman, I yield laration of war. And these wars were way back to peace, why are Repub- 2 minutes to the gentleman from Mary- not won. licans holding this debate here today land (Mr. CARDIN). Since 1973, since the War Powers Res- at the very moment we need to show (Mr. CARDIN asked and was given olution was passed, we have further un- unity? permission to revise and extend his re- dermined the authority of the Congress If there are parts of any final agree- marks.) and delivered more authority to the ment we want to debate, then for God’s Mr. CARDIN. Mr. Chairman, I thank President because the resolution essen- sake, let us wait until we see it, let us the gentleman from Pennsylvania for tially has given the President more wait until the ink is dry, let us wait yielding me this time. power to wage war up to 90 days with- until it is signed. Right now there is no Mr. Chairman, I rise in support of out the Congress granting authority. It accord to debate, there is only the pos- this resolution although I must tell my is to our credit at least that we are sibility of sabotaging the process be- colleagues I have certain misgivings. bringing this matter up at this particu- fore it has had the chance to reach a My misgivings are not surrounded by lar time. conclusion. the U.S. role, because I think it is clear We must remember that there are That is why this premature debate is that the United States has a very vital various things involved here. First, the very height of irresponsibility, and role in this peace process. The stability whether or not we should be the world even more so because this is where in the Balkans are very important to policeman. That answer should be easy. World War I began. My colleagues, past our national interests, and we are not We should not be. It costs a lot of is prologue, and we should not have to going to achieve peace in the Balkans money to do what we are doing, and it learn this lesson twice. This region without U.S. leadership. undermines our military strength. So does have strategic importance to the It is important for the United States we should consider that. United States and many Americans to maintain a very strong position We should consider the law and the died when the world ignored these ten- with NATO. So I support the Clinton process in the War Powers Resolution sions once before. administration’s efforts in this area. and just exactly how we grant author- Preventing an escalation will save My concern is a matter of timing. ity to the President to wage war. We American lives in the long run. We can- Why are we considering this resolution should be more concerned about the not afford a war in Kosovo that could now? I agree with my friend the gen- Constitution and how we should give destabilize the region, that could spill tleman from New York (Mr. HOUGHTON) this authority. We should be concerned over into Albania, to Macedonia, Tur- in his comments, in that we should about this procedure. key, and Greece, which are NATO al- have an agreement first before we are The bigger question here, however, is lies. We should be standing together. asked to vote on what the United if we vote for this, and I strongly op- We should be supporting these negotia- States’ role should be in enforcing that pose passing this, because if we vote for tions. We should be supporting the suf- peace agreement. this, we authorize the moving of troops fering families in Kosovo, and we We do not know what the agreement into a dangerous area. We should ask should have delayed this debate until itself will be. However, I plan to vote in ourselves, if we are willing to vote for the negotiators have had the time to support of this resolution because I this resolution; are we ourselves will- finish their work. want to make it clear that I support ing to go to Kosovo and expose our But if Republicans want to force a the Clinton administration’s efforts to lives on the front lines? Are we willing decision now, the decision should be bring peace to the Balkans, that I ac- to send our children or our grand- and must be that this is a cause and a knowledge that the U.S. will play, children; to not only be exposed to the region in the national interests of the must play a leadership role in enforc- danger, with the pretext we are going United States and, ultimately, in the ing that peace agreement that we hope to save the world, but with the idea national security interests of the will be achieved. that we may lose our life? That is what United States worth defending. And if By voting for this resolution, I think we have to consider. troops are needed to do that, we should we move forward the peace process in Mr. HOEFFEL. Mr. Chairman, I yield support that mission and we should the Balkans. If we do otherwise, then 3 minutes to the gentleman from New support them. we are going to be at least partially re- Jersey (Mr. MENENDEZ). Mr. Chairman, I urge my colleagues sponsible for making it more difficult (Mr. MENENDEZ asked and was to once again join with us to try to for us to achieve peace in that very dif- given permission to revise and extend delay this vote and, if not, then to vote ficult area of the world. his remarks.) to send a clear message that America Mr. Chairman, I urge my colleagues Mr. MENENDEZ. Mr. Chairman, now stands ready to help in Kosovo. to support the resolution if we must is not the time to have this debate. Too Mr. HOEFFEL. Mr. Chairman, I yield vote on it today. If we must vote on it much is at stake to risk sending a mes- 2 minutes to the gentleman from New today, then we should support it. sage of America’s disunity at this criti- Jersey (Mr. ROTHMAN). Mr. GILMAN. Mr. Chairman, I am cal point in the negotiations. Innocent (Mr. ROTHMAN asked and was given pleased to yield 2 minutes to the gen- men, women and children, little babies, permission to revise and extend his re- tleman from Texas (Mr. PAUL). entire families have been butchered, marks.) (Mr. PAUL asked and was given per- children have been orphaned, women Mr. ROTHMAN. Mr. Chairman, the mission to revise and extend his re- have been raped, 400,000 people have peace talks in Kosovo are predicated on marks.) been driven from their homes. That is one very simple premise: The inter- Mr. PAUL. Mr. Chairman, I want to what is at stake here today: human national community must pose a credi- thank the leadership for allowing this lives. ble military threat to enforce any debate to come to the floor. I have, for If we are the leaders of the free peace agreement that is reached be- quite a few weeks, advocated that we world, if we are still that brave Nation tween the Kosovars and the Serbs. talk about this and have urge that the that stood against darkness in World To discuss today whether or not the troops never be sent to Kosovo without War II, now is the time to stand to- United States, the world’s only super- our consent. I do believe, though, that gether to help the people of Kosovo power and the world’s greatest mili- the process here is less than perfect. find peace. But as we speak, negotia- tary force, will lend its support to any The fact that we are talking about a tions are at a critical stage. We are ei- Kosovo peace settlement is premature House Concurrent Resolution at the ther on the brink of a breakthrough or and is inappropriate at this time. To same time authorizing troop deploy- at the point of a breakdown. If the ne- debate this issue today undermines the ment raises serious questions. gotiations succeed, thousands of lives efforts of the envoys who are trying to H1202 CONGRESSIONAL RECORD — HOUSE March 11, 1999 negotiate a peace settlement between that proposition set forth by George There are those who say that the United the Serbs and Kosovars. Bush; that Milosevic, perceived by this States has no strategic interest in Kosovo, that However, the credible threat of mili- Nation as a war criminal, perceived as we have no interest in the ``internal affairs'' of tary force does provide an incentive for savaging the people of Bosnia, if he another country, that war has become a ``fact the Serbs and Kosovars to reach a tried to do the same in Kosovo, would of life'' in the former Yugoslavia. peace agreement. To debate this issue be confronted by America and, yes, by Mr. Chairman, I submit to you and my col- today threatens that incentive and its troops. leagues that helping to resolve the crisis in could embolden Slobodan Milosevic to Mr. Chairman, today we hear that Kosovo, as we have in BosniaÐstopping war reject NATO peacekeeping troops com- Robert Dole, the candidate for Presi- in the heart of EuropeÐis a preeminent strate- pletely, and could cause the Kosovars dent of the United States in 1996, testi- gic and moral interest of the United States. to give up on the peace process. fied before the Committee on Inter- The crisis in Kosovo, like Bosnia, has the po- The bottom line, though, is that wa- national Relations that we should not tential to ignite the entire Balkan region, vering American leadership in this sit- have this resolution on the floor. But if undoing what we have achieved in Bosnia and uation has the potential to lead to we did have it on the floor, as we do, drawing in already unstable Albania, Macedo- more bloodshed in Kosovo that could that it ought to be passed. nia and potentially our NATO allies Greece spill over into other parts of Europe That sentiment was shared by Jeane and Turkey. and metastasize beyond our control. Kirkpatrick under President Reagan, To those who say that the international Mr. Chairman, we cannot have it both our representative to the United Na- community has no interest in the ``internal af- ways. We cannot be the world’s only tions, by Richard Perle, an assistant in fairs'' of another state, I say that both the Uni- superpower but then remain aloof when the Department of Defense, known as a versal Declaration on Human Rights and the the situation demands our leadership. hard-liner, I might say. A conservative. Helsinki Final Act to which the United States Mr. Chairman, I do not rise today to Vin Weber, a member of this Congress, is a signatory, hold otherwise. say that the United States is obligated a close friend of the former Speaker, Fifty years ago, the Universal Declaration on to resolve every conflict that erupts signed a letter saying that this action Human Rights shattered the idea that national around the world. We have the right to that the President proposes should be sovereignty should shield governments from decide these matters on a case-by-case supported. And, lastly, I cite Caspar scrutiny of their human rights records. This basis. But in this case it is in our na- Weinberger, Secretary of Defense under concept had long insulated countries from tional interests to lend our country’s Ronald Reagan. being held accountable for the gross mistreat- support to the international effort to Mr. Chairman, America’s strength ment of their own citizens. In the aftermath of prevent the return of wanton blood- has, in instances overseas, been our the Holocaust, the declaration captured the shed, murder, rape and wholesale unit, our unity of purpose, our unity of world's revulsion of that traditional view of international relations and made clear a new slaughter in Kosovo. conviction. It is clear that the Euro- The Balkans have been the birthplace peans alone will not be able to summon normÐhow a state treats its own people is of of war before. Allowing a conflict to ex- up the political will and, indeed, the direct and legitimate concern to all states and plode in that region could have dev- military strength to confront this is not simply an internal affair of the state con- cerned. Thirty years later, the Helsinki Final astating consequences to the peace and Bully of Belgrade, as referred to by Act reaffirmed this principle. stability of Europe and, hence, to Senator Dole. I would hope, my colleagues, that we Mr. Chairman, the events which have oc- America’s national interests. curred in Kosovo since the beginning of last Mr. HOEFFEL. Mr. Chairman, I yield come together today, as has Bob Dole year are but an escalation of the repression 5 minutes to the gentleman from Mary- and Bill Clinton, Jeane Kirkpatrick and brutality the Albania Kosovars have suf- land (Mr. HOYER). and others, and Richard Holbrooke, our fered at the hands of the Belgrade authorities Mr. HOYER. Mr. Chairman, I thank perhaps next secretary of the United since 1989 when Slobodan Milosevic unilater- the gentleman for yielding me this Nations—come together and say that ally revoked the substantial autonomy Kosovo time, and I rise in support of this reso- we will confront war crimes when our enjoyed under the old Yugoslav Federation. Of lution; in support of basic human Presidents commit us to that end; that course, since the beginning of 1998 more than we will support this President and fa- rights, in support of doing the right 2,000 ethnic AlbaniansÐincluding women and cilitate the attaining of an agreement. thing for our country and for the peo- childrenÐhave been killed, many brutally mas- Because to facilitate that agreement ple of Kosovo. sacred. Hundreds of villages have been de- I welcome this debate, Mr. Chairman, may not only save lives, but it will stroyed, and more than 400,000 people have yet I fear that in undertaking it, what save the dispossession of thousands of been displaced. Make no mistake about it, this we have done today could have a very people. The dispossession from their is ethnic cleansing. serious negative impact on the current homes, from their lands. To those who say that what is happening in sensitive negotiations on a peace plan. Mr. Chairman, this is a great coun- Kosovo is the continuation of centuries old That is why I voted against the rule. try, and I would remind my Republican ethnic hatreds, and that ``War has become a The resolution, however, I pray, will be colleagues that when George Bush fact of life in this part of the world,'' I ask, what passed; that America, at our shores, made a determination to confront tyr- do you propose? Accept the status quo? Let will stand united; that the message we anny and send troops to Saudi Arabia, the opposing factions ``slug it out''Ðlet the send this day will be that America is there was a request on our side for a bloodbath continue? I say this is totally unac- united in its conviction and in its com- vote. President Bush asked Tom Foley, ceptable. Such a course legitimizes the vio- mitment to face tyranny where it finds the Speaker of the House of Represent- lenceÐthe murder, the ethnic cleansingÐand it. atives—and I sat in the room with accepts the premise that this is the kind of In addition, Mr. Chairman, I am him—let us not vote now; let us sup- world in which we will always live. hopeful that we will ratify and support port this policy so we can put together Mr. Chairman, Kosovo is not Bosnia. The the representations of two American this coalition and bring peace and stop situation on the ground is certainly different in Presidents, President Bush and Presi- this aggression. Speaker Foley agreed many ways, yet both share a common suffer- dent Clinton. to do so with the President of the ingÐthe scourge of ethnic cleansing, and a President Bush said, in his Christmas United States. common curseÐSlobodan Milosevic. The kill- warning to Milosevic, and I quote, ‘‘In And, indeed, when there was a vote, I ing and devastation in Kosovo, like the ethnic the event of a conflict in Kosovo, tell my friends on the Republican side cleansing in Bosnia, are a direct result of the caused by Serbian action, the U.S. will of the aisle, as to whether or not we efforts of Milosevic and his thugs to maintain be prepared to employ military force were going to then deploy those troops and consolidate their power. against the Serbians in Kosovo and in in Saudi Arabia into Kuwait, that al- Mr. Chairman, the United States, NATO and Serbia proper.’’ That was George Bush, most half of our caucus supported the international community have made a then President of the United States, President Bush. I hope we find that bi- commitment to bring peace and long-term sta- Christmas 1992. partisanship today. I hope we follow bility to the former Yugoslavia. This is a long Mr. Chairman, shortly thereafter, the Bob Dole. I hope we commit ourselves and difficult struggle, and any peace agree- President of the United States, Wil- to bipartisanship in foreign policy in ment will not be effectively implemented with- liam Jefferson Clinton, recommitted to confronting tyranny. out NATO muscle. The United States must March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1203 lead and take a strong stand against the en- broken for months now. Yet in the an international pan-African force in emies of peace. midst of possibility finally, a resolu- Rwanda before the genocide of our time Mr. Chairman, NATO no longer confronts a tion on this floor to polarize our coun- took place. That was the experience monolithic enemy. The threats with which it try as to what it is already doing. We then, they said no troops then, and must now deal come from terrorism and re- have been polarized on domestic issues, after the genocide we sent our troops gional conflictsÐlike Kosovo. If we and our but I think the American people expect into that area. NATO allies are not willing to confront the bul- more of us when it comes to our inter- Bosnia. Time and time again we have lies in Kosovo and lay the groundwork for national posture. set deadlines for our troops in Bosnia, long-term peace in that region, we will encour- As I speak, we are erasing the rhet- and our troops are still in Bosnia and age such bullies and ensure that they will act oric of bipartisanship that the major- our troops are spread thin across the again sometime, somewhere, That is the les- ity has sounded. Because if we cannot globe with these deployments from this son of history we must not forget. be bipartisan when our country is in President, this administration. Only Vote for H. Con. Res. 42. the midst of what looks like it can be after Congress stepped in and made Mr. GILMAN. Mr. Chairman, I yield 2 a successful effort to stop genocide, sure that we micromanaged the mili- minutes to the gentleman from South then I do not know when we can be bi- tary effort in Bosnia did we ensure that Carolina (Mr. GRAHAM). partisan. We are undermining not war our troops would not be killed, that Mr. GRAHAM. Mr. Chairman, I thank but peace. There can be no debate that they would have adequate equipment the gentleman for yielding me this this is in our national interest, and I and that they would serve under United time. If we believe this operation is have not heard that it is not. Nor after States command and not U.N. inter- equal to what was going on in Kuwait, the Bosnia precedent should there be national command. We have no exit we should vote ‘‘yes’’. any debate as to whether we should go strategy. Our military is stretched to the limits. When the wives and moth- b 1500 forward now having gotten this far. What has happened to the Albanians ers of our reserve forces call me, I am If we see it to be different, then we is unspeakable. Milosevic began shut- going to refer them to 1600 Pennsyl- ought to ask what are the differences. ting down their language institutions vania Avenue and this President. I think it is dramatically different. Our and he has ended with genocide. We Mr. GILMAN. Mr. Chairman, I am country is about to commit 4,000 young have gone, on the other side, from par- pleased to yield 3 minutes to our dis- men and women into a sovereign na- tisanship to isolationism. tinguished majority leader, the gen- tion, in a region in that nation where My friends, we cannot lead the world tleman from Texas (Mr. ARMEY). 90 percent of the inhabitants of Kosovo in war or in peace if every time the Mr. ARMEY. Mr. Chairman, let me are Albanian, who are trying to become party on the other side of the aisle thank the gentleman from New York (Mr. GILMAN), the distinguished chair- independent. We are about to get our- wants to move, you on that side says, man of the Committee on International selves in the middle of a Civil War. ‘‘We don’t move simply because you Relations, for bringing this to the This is not fighting Saddam Hussein, want to move,’’ and that is what this floor. I must tell the gentleman from this is interjecting 4,000 Americans comes down to. We are assuming the New York (Mr. GILMAN) that this is not into a faraway place where heartache posture you have historically assumed an easy vote for me. Indeed I have is normal, where tyranny has existed and yet now that it is our posture, be- spent most of the last week worrying before, and will exist after. How do we cause it is our President, you have sim- and studying about this vote and even come home? ply jumped to the other side, against at times trying to come to the point You are asking the Congress to have the national interest. where I could vote in agreement with a one-way ticket to a region of the I ask you to stand beside our coun- you on this proposition, largely out of world that is not going to lead to a try, postpone this vote, but, to be sure, the respect that I have for yourself, the world war. It is going to be a place I hope that you will not be found on gentleman from Missouri (Mr. SKEL- where they will eventually figure out the other side of a vote that would un- TON) and others that I have talked to. they can live together, with our help, dermine our country as it wages peace, But I have to say, it has been a strug- but our help should not include 4,000 not war. young Americans standing in the mid- gle. Mr. GILMAN. Mr. Chairman, I am I have always been very proud of the dle of people with a lot of hot temper. pleased to yield 2 minutes to the gen- American people, proud that Ameri- This makes no sense. Piling this on top tleman from Florida (Mr. MICA). cans love freedom so much that they of Bosnia is unbelievably expensive. (Mr. MICA asked and was given per- are prepared to risk their peace to de- This is different than Bosnia, this is mission to revise and extend his re- fend the freedoms of others. different than Kuwait. The American marks.) Since the end of the last war, we public does not understand what we are Mr. MICA. Mr. Chairman, I come re- have rightly held a larger vision of our doing or why. And all the big names in luctantly to the floor to oppose the use national interest. We do not see it as international politics to me have not of United States troops on the ground merely defending our coastal waters, justified why we are there and how we in Kosovo. I do that because of two rea- protecting our commercial interests, or are going to get out. sons. First, because of the lack of trust stopping an invasion of our homeland. Secretary Kissinger says this is more and confidence that I have in this We have understood in a way that no like Vietnam than it is Kuwait. I hope President, and secondly because of the other people in history have that our he is wrong, but I believe he is right. pattern of experience. freedom depends on the freedom of oth- How many more young men and women When I got elected in 1992 and began ers. are going to go in faraway places to get service in 1993, this President inherited This principle has inspired our great in the middle of civil wars where there the question of Somalia which Presi- national initiatives, the Marshall Plan, is a dubious reason to be there to start dent Bush had started as a humani- the Truman Policy, the democratiza- with and no way home? I hope none of tarian rescue effort. President Clinton tion of Japan, our fights for freedom in them come home hurt or maimed. Vote turned that into a national tragedy, a Korea and Southeast Asia, the Reagan ‘‘no.’’ Stand up for America. loss of our troops as we saw our troops doctrine, and most recently the expan- Mr. HOEFFEL. Mr. Chairman, I yield drug through the streets of Somalia. sion of the NATO Alliance for which 21⁄2 minutes to the gentlewoman from Where are we in Somalia 4 or 5 years many in this body, including the gen- the District of Columbia (Ms. NORTON). later? Just a few days ago 60 were tleman from New York, and especially Ms. NORTON. Mr. Chairman, I thank killed in Somalia. the gentleman from New York, have the gentleman for yielding me this Then we had Haiti, our second experi- been responsible. time. ence in nation-building. And what have The result of this effort is that Amer- What has become of us, my friends? we done in Haiti? We have traded one ica has made a world in which hun- We may well be on the brink of a peace corrupt government for supporting an- dreds of millions of human beings are agreement between the Serbian gov- other corrupt government at the cost living in peace and under governments ernment and the Kosovo ethnic Alba- of billions to our taxpayers. This Presi- of their own choosing and working to- nian population. Our hearts have been dent and this administration opposed gether for their common benefit. Very H1204 CONGRESSIONAL RECORD — HOUSE March 11, 1999 few times in this bloody century would mined policy to change his regime, we (Mr. HANSEN asked and was given anyone have predicted that it would could have vastly improved the pros- permission to revise and extend his re- have ended as well as it does. But it pects for peace in the Balkans and lib- marks.) does, because of the wisdom of the erated the Serbian people as well. It is Mr. HANSEN. Mr. Chairman, I rise in United States of America. time to begin such a policy now. opposition to the resolution. Mr. Chairman, we do have an endur- The lesson of the Cold War should be Mr. Chairman, I believe this debate is timely ing interest in a peaceful Europe. What clear. True peace, justice and security and important. Public debate, by those Rep- happens in the Balkans is important to come not from negotiating with inhu- resentatives closest to the people, before our our security. Indeed we must do all we man regimes but transcending them. troops are put in harms way, is not a sign of can reasonably expect to do to prevent Even the most enduring dictatorships weakness and division but rather a clear re- further killing and suffering in these can melt before the power and the minder that the great power of America comes troubled lands. But I cannot in good ideals of the United States. The power not from its government, or its military might, conscience support the proposed de- of freedom is an ideal shared by all but from its people and their commitment to ployment we are debating today. I be- people. It can be and must be in the freedom, peace and democracy. lieve it has been poorly considered and end larger than any man, no matter In my recent travels to the Balkans and is unlikely to achieve our desired ends. how brutal. Southwest Asia, I have been greatly im- I make this objection on purely prac- Mr. GILMAN. Mr. Chairman, I thank pressed by the professionalism of our soldiers, tical grounds. Its central flaw is that it the majority leader for his words with sailors, airmen, and marines. They have done depends on negotiating an agreement regard to this issue. tremendous service to our country with few re- with the Serbia dictator, the very man Mr. HOEFFEL. Mr. Chairman, I yield wards. They care for their aging equipment who is responsible for the Balkan hor- 2 minutes to the gentleman from Texas with great pride, though hampered by a wors- rors in the first place. Mr. Chairman, (Mr. TURNER). ening shortage of spare parts and lack of he is a brutal killer and we can have no Mr. TURNER. Mr. Chairman, the de- meaningful training. While at home, their loved confidence that he or his followers will bate we are entered upon today has the ones struggle to keep their families together respect any agreement that might be gravest of consequences for our Nation during the many long separations. The military reached. and for our future. Having recently re- mission to Bosnia has been an almost flaw- On the other side will be the Kosovar turned from Bosnia, I had the oppor- less success. Liberation Army, a new formation tunity there to learn a little bit about In contrast, the foreign policy and political with little experience in these matters. the attitudes present in that region. decisions that so easily put our troops in Its cause may be noble, but there is lit- One thing that I did learn is that our harms way is a growing failure. tle reason to hope its leadership will be allies, our NATO allies, have a strong This administration has engaged our troops able to discipline its members. The commitment to keeping peace in the too often, for too long, with too small a budget agreement will, after all, come far Balkans and they feel very strongly and with too little support from the American short of their desire for true independ- about our willingness as a NATO part- people, the Congress and the world. Our sol- ence. diers can stop the fighting, but Bosnia is not Our troops may thus find themselves ner to stand tall with them in this cri- closer to peaceful, stable government today opposed by free-lance opponents on sis. I also learned from talking to some than they were 5 years ago. Remember, the both sides of this brutal conflict, oppo- of our military leaders that there is a President promised this effort would take only nents undisciplined by any central au- clear relationship between the situa- 1 year and cost $1 billion. Five years and $10 thority. The resulting bloodshed may tion in Bosnia and the developing produce events that are far more desta- events in Kosovo. Our investment in billion later there is no end in sight. In this new age foreign policy, which re- bilizing than those the administration Bosnia, as one military leader told me, places ``power projection'' with ``sympathy pro- fears today. This could be, Mr. Chair- is clearly threatened by the develop- jection,'' we find the easier it is for the United man, another Somalia. For these and ments in Kosovo. States to commit its troops into the war zone, other reasons I have heard stated b 1515 the harder it is to get them out. The objectives today, I believe this deployment is un- I also had the opportunity to talk wise and must be opposed. of these new entanglements are ambiguousÐ with soldiers on the ground who are Mr. Chairman, we need to take a if stated at all. The goals change in the middle doing an excellent job keeping the fresh look at our policy towards the of the operation. The troops are left without world’s outlaw governments, not just peace in Bosnia, and, as one first ser- any way of gauging their progress or even vis- in Serbia, but in Iraq, North Korea and geant shared with us in testimony be- ualizing the set of circumstances which would elsewhere. These rogue regimes are fore a committee hearing, he has made enable them to finally return home. without question the greatest security a spiritual investment in Bosnia and Today our troops are engaged in Africa, threat we face today. The administra- believes very strongly that we have Asia, Europe, and South and Central Amer- tion response to them has been hap- done the right thing in trying to help icaÐvirtually all over the globe. And they are hazard containment efforts, loose arms keep the peace there. He said because doing a magnificient job with only half of the control arrangements or other negotia- of our soldiers children now go to cold war force, and 35 percent fewer re- tions. Containment and negotiation, school in Bosnia, can safely play in sources. The rate of overseas deployments is however, can do little to solve the un- playgrounds without fear of land mines up more than 400 percent in this administra- derlying problem, the very existence of or snipers. We have clearly accom- tion alone. Meanwhile, the Joint Chiefs of Staff the regimes. What we need is a new plished the objective of keeping peace stated requirement for an additional $22 billion version of the Reagan Doctrine of the in Bosnia, and the relationship between in defense investment falls on deaf ears at the 1980s, a policy that seeks not to con- the situation in Kosovo and Bosnia is White House. tain these regimes but to replace them undisputed by those who serve us in Now we learn that there is another crisis with democratic alternatives. our Armed Forces. that ``requires'' American intervention. This Last year, Congress began to shape I also learned that there are clear time the call comes not from a threatened ally, exactly such a policy towards Iraq with limits to what we can hope to accom- a loyal friend or even a recognized country, our passage of the Iraq Liberation Act. plish in that part of the world, and for but from a province within a sovereign coun- We need to consider similar legislation that reason there must be clear guide- try. When will it end? Or will this new policy for other rogue states, including Ser- lines before we commit troops to any or well meaning enlargement, simply encour- bia. I for one reject the idea that the mission, any joint NATO mission, in age any group with a gripe to choose separa- Serbian people are themselves inher- Kosovo. Those principles were set out tion over the harder course of honest dialogue ently bent on ethnic warfare. As the by the President in a February 4 ad- and true democracy. There is no doubt in my large civil liberties protests in Bel- dress, and I think we must include mind that Serbian President Milosvic is a bru- grade have shown, they aspire to the those principles in the resolution that tal and oppressive thug who is guilty of crimes same democratic privileges that other will be adopted here today. against humanity and genocide. However, an Europeans enjoy. Mr. GILMAN. Mr. Chairman, I yield invasion of his country to embrace a ``county'' The problem, Mr. Chairman, is such time as he may consume to the in search of independence can only speed our Milosevic. Had we followed a deter- gentleman from Utah (Mr. HANSEN). sinking into a Balkan quagmire. March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1205 Though we would like to think we can, nians have fought in Kosovo, an Alba- with an ‘‘A’’ because 92 percent of the America cannot erase, merely by its presence, nian-dominated region of southern Ser- people that live there are ethnic Alba- the animosity between religious and ethnic en- bia, for centuries. Conflict in the last nians and pronounce it Kosova. Ethnic emies. We cannot cause a love of freedom year between ethnic Albanian rebels and cleansing and genocide has gone on and devotion to democracy to bloom in this and Serb police has resulted in over for too long. The butcher of Kosova, fallow land. We cannot make thugs and ty- 2,000 deaths. Slobodan Milosevic, continues to kill rants believe that ``it takes a village''. U.S. If the President is not willing to people. We continue to see genocide on troops separating warring factions does noth- come to Congress, and explain; here is the face of Europe. We cannot sit still ing to soothe the root cause of the hatred. It the plan, here is the strategy, here is and continue to allow this to happen. only delays the explosion of vengeance and how long we expect to be there, here is Until the United States stepped in in mistrust. As I see it, these conflicts will even- what we expect American taxpayers to Bosnia, we saw 200,000 people eth- tually explode. We can only choose whether pay; what is going to happen when we nically cleansed by Milosevic and his the explosion happens with U.S. troops at start taking out some of our young people, murdered, and we are going to ground zero or not. men and women in body bags? One see it again unless the United States With regard to the prestige and effective- question I had to Dr. Kissinger is why grabs the bull by the horns. ness of NATO. The only action which weak- is NATO willing to commit 24,000 of We were told by some on the other ens our most important alliance is this Presi- their troops? His answer was partly the side of the aisle that when U.S. troops dent's repeated use of empty threats of thera- U.S. demand and the U.S. initiative. went to Bosnia there would be many, peutic air strikes and endless promises that Mr. Chairman, we can not be the po- many American casualties. That has twenty thousand troops can solve in 1 yearÐ lice force for the world. We can not not happened. It will not happen in problems which have defied solution for thou- keep spending the Social Security Kosova, but we will prevent innocent sands. trust fund money. One day, if we are civilians from dying. As the American presence lengthens in not careful we will not even have these I support independence for the people these ``peacemaking'' and ``nation building'' options of helping those in need. of Kosova because I believe that is the missions, the animosity inevitably broadens to While some remain optimistic about the po- only long-range plan that works, they also be directed at our troops. Soon the ref- tential peace agreement, I have serious res- are entitled to the same things that we eree is taking blows from both of the fighters. ervations. Ethnic Albanian leaders in Kosovo hold dear, they are entitled when Our troops must eventually defend them- have said that they will settle for nothing less Yugoslavia broke up the former Yugo- selves, but in that self-defense they will only than independence. Serbia refuses to sign an slavia, the Croats, and the Slovenians, serve to increase the hate of both sides to- agreement which dismembers the country. As and the Bosnians, and the Macedonians ward America. In these situations, there is no Dr. Kissinger stated, ``the projected Kosovo all had the right to independence and resolution for America, but shameful retreat or agreement is unlikely to enjoy the support of self-determination. The Kosovar Alba- total war. Has the tragedy of Somalia been the parties involved for a very long period of nians should have that same right. that long ago? I cannot support this flawed po- time.'' This agreement does not do that, but litical effort without a clear goal, a believable The long history of the ethnic conflict in the at least it stops the killing, it stops the exit strategy and guarantee that this mission Balkans makes a lasting peace in Kosovo un- ethnic cleansing, it gives them half a will not further degrade fragile military readi- likely, with or without a NATO presence. If our loaf. ness. goal is to quell the hostilities that have per- Milosevic does not want it. He does In this case, the best way to support our severed for centuries, than we will find our- not want U.S. troops or NATO troops troops is to keep them home. selves in the same situation that we face in because he wants to keep the killing Mr. GILMAN. Mr. Chairman, I yield 2 Bosnia, where our troops deployed for an un- and he wants to keep the stranglehold minutes to the gentleman from Michi- limited amount of time, with no end in sight. on the people of Kosova that have no gan (Mr. SMITH). U.S. troops have been in Bosnia-Herzegovina political rights, no economic rights, no (Mr. SMITH of Michigan asked and since 1995 at a cost of more than $9 billion to human rights. was given permission to revise and ex- the U.S. taxpayer. Roughly 6,900 troops are NATO has to lead, and the United tend his remarks.) still in Bosnia, even though President Clinton States has to lead in NATO. NATO can- Mr. SMITH of Michigan. Mr. Chair- promised that U.S. participation would be lim- not do it alone. If we are not the lead- man, I heard somebody on the other ited to one year. ers, we will not be successful, NATO side of the aisle say this is a partisan Despite the massive cuts made to our mili- will not be successful, and I say to my decision. Not so. Republicans have tary, we have more troops deployed to hostile colleagues we cannot be in favor of mixed emotions. This is a serious deci- regions now than during the Cold War. Dr. stopping genocide and helping the Al- sion. Our chairman is voting for the Kissinger made the point that ``each incremen- banians if we are not willing to have resolution. Some of us question it very tal deployment into the Balkans is bound to NATO troops on the ground with U.S. seriously. It is only partisan if the weaken our ability to deal with Saddam Hus- leadership and U.S. participation. This Democrats decide that they are going sein and North Korea.'' is in the vital interests of the U.S. We to support whatever the President If NATO intervenes with troops in Kosovo, do not want a larger war. might do. the U.S. can assist its NATO partners with We need to support the Gilman reso- It seems reasonable that the Presi- communications and intelligence support and lution. It is time to step up to the dent of the United States should come back a political strategy aimed at boosting plate. to not only Congress, but the American Serbian opposition to Serbian President Mr. GILMAN. Mr. Chairman, I yield 2 people, and present some of the reasons Milosevic. However, I will not support Con- minutes to the gentleman from South why it is in America’s interest to send gressional authorization to deploy ground Carolina (Mr. SPENCE), the chairman of our young men and women into this troops into a civil conflict with a sovereign na- our Committee on Armed Services. land of Serbia, into one of the regions tion to enforce a peace agreement that neither (Mr. SPENCE asked and was given of that sovereign country called side supports. permission to revise and extend his re- Kosovo, to risk their lives. There needs Mr. HOEFFEL. Mr. Chairman, I yield marks.) to be a compelling reason. Dr. Kissin- 2 minutes to the gentleman from New Mr. SPENCE. Mr. Chairman, I have ger yesterday said that we might have York (Mr. ENGEL). some prepared remarks I would like to to bomb our way in and then not really Mr. ENGEL. Mr. Chairman, I thank make on this subject, but, if I might, I know which side is going to shoot at the gentleman for yielding this time to would like to submit my remarks for us. The President is planning to deploy me. the RECORD and try to sum up how I U.S. troops without a clear objective or As I mentioned before, I think this feel about this very important resolu- exit strategy. resolution is ill-timed and we should tion we have before us today. Before we deploy any troops, we need not be doing this, but since it is on the Of course, as chairman of the Com- clear answers to basic questions like floor I rise to support the Gilman reso- mittee on Armed Services, I know that how will our presence advance lasting lution. each and every Member will support peace, and how long will our troops re- Carnage has gone on in Kosova for our men and women in uniform when- main in the region. Serbs and Alba- too long, and by the way, I say Kosova ever and wherever they are called upon H1206 CONGRESSIONAL RECORD — HOUSE March 11, 1999 to go in harm’s way. That is why I am Kosovo that has prepared him to risk the 2 million ethnic Albanians in in opposition to sending ground forces the life of a single American. Kosovo. The peace process now under- to Kosovo, however my colleagues In 1996 there were 15,000 American way represents our best hope for end- want to pronounce it. My abiding con- soldiers in Bosnia. Today there are still ing this bloodshed. We do not know if cern is for the ability of our fighting some 7,000. We promised our troops an this peace process will succeed, but we forces to respond to crises that amount end to Bosnia, yet they remain a bro- do know that NATO is the best and to real wars. We are right now ken promise. At some time we are most credible peacekeeping force, and stretched thin all over the world with going to have to keep our promises to we know that U.S. participation may all kind of commitments. The op the young men and women of arms of be critical to the viability of NATO op- tempo is great. We have torn down our this country. erations. Mr. GILMAN. Mr. Chairman, I yield 2 forces to the extent that I have very b 1530 real grave concerns about our ability minutes to the gentleman from North to carry out our national strategy of Carolina (Mr. BURR), a member of our A vote at this point against authoriz- being able to fight and win two nearly Committee on International Relations. ing the deployment of troops will em- simultaneous major regional contin- (Mr. BURR of North Carolina asked bolden Milosevic, disrupt the peace gencies, or whatever they call them. and was given permission to revise and process, and call into question our We ask our military leaders are we extend his remarks.) commitment to NATO. capable, what is our position, our read- Mr. BURR of North Carolina. Mr. It used to be said, Mr. Chairman, iness from the standpoint of being able Chairman, I thank the gentleman for that politics stopped at the water’s to carry out this mission, and they tell yielding this time to me. edge. It used to be that if a President us that they can do it, but the risk will I had remarks to make, and I cannot said, as this President has, that a divi- be high to moderate. Mr. Chairman, make them. As I have sat here, I found sive vote of this sort would undermine high to moderate means hundreds of that this is an ever-changing process delicate negotiations and would harm thousands of casualties I am not pre- and some are not relevant. I would national security, that that vote would pared to take. only say to many of my colleagues who be deferred. Mr. HOEFFEL. Mr. Chairman, I yield suggest that this is ill-timed, to debate This raw display of partisanship, this 2 minutes to the gentleman from Texas whether we send troops is not ill- calculated attempt to undermine the (Mr. HALL). timed. It is, in fact, a debate that I be- President, and this reckless disregard (Mr. HALL of Texas asked and was lieve our process demands. for the consequences of our action are given permission to revise and extend That process also demands us to ask unworthy of this body and should be re- his remarks.) questions like my colleague from jected. Mr. HALL of Texas. Mr. Chairman, I Texas just asked: Does a deployment to This resolution should not be on the rise today to express my dire concern this region make us too thin for the floor in the first place, and bringing it and the concern of many of my con- mission of protecting our national in- up is an irresponsible act. But since it stituents in my district and in my terests? What is our exit strategy? Will is before us and since the delicate State regarding any further deploy- a peace agreement that may be reached peace negotiations are at risk, the only ment of U.S. troops to Kosovo. I would be agreed to by both sides? These are responsible vote is yes. like to thank the Speaker for providing legitimate questions that we need an- Mr. GILMAN. Mr. Chairman, I yield us with the opportunity to state our swers to before we agree to anything. 11⁄2 minutes to the gentleman from beliefs at this time on this controver- I found myself going through this North Carolina (Mr. HAYES). sial issue, and I thank the gentleman process when I sat down with people (Mr. HAYES asked and was given from Pennsylvania (Mr. HOEFFEL) and that I have a great deal of confidence permission to revise and extend his re- the leadership of my party for giving in: Senator Dole, Jeane Kirkpatrick, marks.) me this opportunity to differ with my Henry Kissinger, those mountains of Mr. HAYES. Mr. Chairman, I rise in party on this very important item. the past in foreign policy and, more opposition to House Concurrent Reso- I have always supported our uni- important, in United States policy. lution 42. This is not a partisan issue. formed service members and will con- As my colleagues know, Mr. Chair- I oppose sending our troops to Kosovo. tinue to do so, but I just cannot sup- man, there are people around the world However, I strongly support the Speak- port the deployment of our sons and that will watch what we do. They will er’s call for debate on this issue. daughters to locations around the watch what we do, and they will watch Enough is enough. We can no longer world where we, as an administration, how we act. They realize, as we do, expect some of the Nation’s finest men we, as a Congress, we, as a country, that as we see more and more evidence and women to travel halfway around have not explicitly spelled out our ob- of genocide on the TV, that we reach the world to accomplish a mission jectives. out not necessarily because of national without objectives. Do I regret suffering around the interests, but because of injustice, in- Mr. Chairman, my district, the 8th of world? Of course. Everyone here does justice in a region where we have seen North Carolina, is steeped in military on both sides of the aisle. But would I martial law take doctors and teachers tradition. We hail Fort Bragg and Pope sacrifice one American life for all of and eliminate their profession. Air Force Base as our own, two instal- Bosnia, Iraq or Kosovo? I absolutely We have many questions to find an- lations that have sent their fair share would not without a true national in- swers to. I am hopeful that the resolu- into combat. I visit these bases fre- terest, or a plan to successfully enter, tion that we have got we can perfect quently and I am sure these young men a plan to successfully succeed and a and that we can have unanimous sup- and women I speak to there are no dif- plan to successfully leave. port, but until that point we have a ferent than the million and a half sol- Originally the administration as- tremendous amount of work to do, and diers we have stationed all over the sured Congress that it would not send this administration has a tremendous world. troops to Kosovo without first provid- number of questions to answer. What amazes me every time I speak ing this body a chance to consider such Mr. HOEFFEL. Mr. Chairman, I yield with these young soldiers is, without an action, but the administration 2 minutes to the gentleman from North exception, the can-do spirit they dem- knows that this Congress will always Carolina (Mr. PRICE). onstrate. They so quickly forget the support our troops once they are de- (Mr. PRICE of North Carolina asked sacrifices we asked of them yesterday ployed, so off they went. And I would and was given permission to revise and to accept the challenges of tomorrow, like to ask the President what is our extend his remarks.) never once questioning why their gov- strategy in Kosovo, what are our objec- Mr. PRICE of North Carolina. Mr. ernment continues to ask for more tives, how long are we going to keep Chairman, at least 2,000 people have while giving less. our men and women in uniform away been killed and 400,000 have been dis- In the forty years leading up to 1990, from their families, what action dic- placed over this past year by Slobodan the United States deployed our troops tates their return and, finally, what is Milosevic’s genocidal campaign of vio- 10 times. Since then, in only nine the overriding national interest in lence and human rights abuses against years, this country has deployed more March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1207 than 25 times; 19 under this adminis- tion of atrocities and the cessation of (Ms. JACKSON-LEE of Texas asked tration. slaughter, and this sometimes requires and was given permission to revise and Mr. Chairman, today I am doing what the prudent use of force. extend her remarks.) all of our men and women in this serv- As we debate the deployment of Ms. JACKSON-LEE of Texas. Mr. ice proudly resist. I am asking why? I American troops in Kosovo, however, Chairman, I rise this afternoon to save am asking why do we continue to send those of us who had advocated last lives. I rise in particular to acknowl- our troops on missions navigated by an summer and in the fall that NATO edge the gentleman from New York administration with seemingly should intervene, not as peacekeepers (Chairman GILMAN), and the ranking rudderless foreign policy? but peacemakers, to stop the Serbian member, the gentleman from Connecti- Nearly 20 years ago, Secretary of De- offensive against innocent civilians in cut (Mr. GEJDENSON) for realizing the fense Caspar Weinberger laid out a doc- Kosovo feel that we have lost some importance of this commitment. trine of criterion that must be met be- very significant ground. I would, however, disagree that we fore our forces are sent into combat. NATO has threatened to intervene should even be on the floor today pre- Is a vital national interest at stake? time and time again and its credibility cipitously raising this issue, because I Will we commit sufficient resources to regrettably has been tarnished by inac- believe that we still have the oppor- win? Will we sustain the commitment? tion. Innocent lives have been lost as a tunity for a peace agreement, and we Are the objectives clearly defined? Is result of indecision, and now one of the should have awaited what the details of there a reasonable expectation that the seemingly only alternatives is the de- that peace agreement would be. public and Congress support the mis- ployment of NATO forces, including There is not one American, Mr. sion? Have we exhausted our options? our own troops, in an environment in Chairman, that has not acknowledged And I would add we must have a clear which one side or another may test and has not shared in the hurt and the exit strategy. NATO’s resolve. pain of the disaster in Kosovo and the Mr. Chairman, on the eve of yet an- Many of us felt the same frustration terrible strife between Albanians and other deployment I ask my colleagues regarding the United States, policy to- Serbs; there is not one. There is not to join me in sending the administra- wards Bosnia. The Dayton agreement one that has not watched the blood- tion a strong message. Do not approve, of late 1995 was no substitute for ac- shed, has seen the reports of massacres, do not send our troops to Kosovo. tion. Even just lifting the arms embar- seen the untold graves that have been Mr. HOEFFEL. Mr. Chairman, I yield go might have made a significant dif- discovered, there is not one American myself 2 minutes. ference in stopping that genocide in that does not realize that we hold a Mr. Chairman, I rise today to express those early years. very privileged position in this world. my support for this resolution and for At yesterday’s hearing in the Com- It is one where others look to us. the attempts to bring peace and stabil- Mr. Chairman, I do not come here out mittee on International Relations re- ity to Kosovo. While valid questions of guessing, reading news articles and garding Kosovo, Senator Bob Dole and have been asked whether or not this is looking at news reports. I went to Bos- Ambassador Jeane Kirkpatrick made a reasonable time to debate this issue, nia. I went there on behalf of the Presi- very convincing arguments for partici- we now must act and send a message to dent at the start of us trying to deter- pation in a peacekeeping force. I have Milosevic and to the world community mine how we in this Congress and the sympathy with those who take the side that enough is enough. United States could best respond to the that Former Secretary of State Henry The U.S. must demonstrate leader- terrible plight of innocent people, Kissinger made about not being in- ship. We can only help bring about de- women and children. volved in all of the conflicts around the mocracy, peace and stability, the cor- It was my belief, my heartfelt and world. We must, however, consider in- nerstones of our society, if we engage, studied belief, that the Dayton Peace volvement where we can make a dif- if we send troops, as part of a NATO Treaty was right. Why? Was it because ference. Kosovo fits that category. peacekeeping force. I sat in rooms behind closed door? No. Mr. Chairman, our purpose in sending I want to say very clearly, unambig- Because I walked the streets of Sara- troops if a peace agreement is reached uously, I respect everyone’s position on jevo and talked to the people there who is clear, to help implement and enforce this. This is one of the harder, more said, please help us. that peace. We must not shrink from difficult issues that we have to decide, I, too, do not want to see American this responsibility. We must not allow and we need to listen to all sides, obvi- lives lost. I do not want to send young politics to undermine our leadership ously, as we work through this policy men and women in harm’s way, but I abroad. We must stand tall. decision. say we have got a wonderful bunch in Just yesterday, as I sat as a member I intend, Mr. Chairman, to vote for H. the military, proud, determined, fine. I of the Committee on International Re- Con. Res. 42 as introduced. I think think we should get behind them in a lations, I heard Ambassador Kirk- many of us do have some misgivings bipartisan way, Mr. Chairman, and sup- patrick say that it is important for about our own Commander-in-Chief. It port this resolution but let us not do Congress to vote yes. I urge all of my is very often not said but thought, but danger to the peace operations that are colleagues to do so. we need to factor in that fact. going on. Mr. Chairman, I reserve the balance I do believe this is the right thing to I rise in support of H. Con. Res. 42. This of my time. do at this particular time. Failing to resolution authorizes the President's use of Mr. GILMAN. Mr. Chairman, I yield 3 participate could mean a further approximately 4,000 troops for a peacekeep- minutes to the gentleman from New slaughter, perhaps on a larger scale, of ing operation with Kosovo. Jersey (Mr. SMITH), the distinguished innocent civilians in the Balkans. Fail- This Body can send an invaluable message chairman of our Subcommittee on ing to participate could lead to a re- to the peace negotiations, which begin next International Operations and Human newed Balkan conflict which could week. In sending our troops we signal our will- Rights. spread to neighboring Macedonia and ingness to participate as partners in peace. In Mr. SMITH of New Jersey. Mr. Chair- elsewhere. Failing to do so will send a sending our troops we signal our continued re- man, I rise in support of the resolution signal that the United States will not solve to see that all of the people of the Bal- before us. Frankly, the administration, take the lead, even when matters of kans enjoy the benefits of their human rights. the Congress, our allies and the inter- principle are being challenged, when In sending our troops we signal our willing- national community as a whole have people are being killed in droves, to the ness to be accountable to our NATO commit- no easy choices regarding Kosovo. detriment of NATO and the other alli- ments and to the world as its sole remaining Many of our colleagues agree that ances we have around the world. super power. the United States has the responsibil- This is a resolution that I think de- If this Body fails to adopt this resolution now ity to assert its leadership in the serves support and I hope Members will it would be interpreted as a vote of no con- world. In asserting this leadership role, consider doing so. fidence for our foreign policy in the Balkans. It I believe that it is in the interest of the Mr. HOEFFEL. Mr. Chairman, I yield would send confusing signals about our na- United States to include protection of 2 minutes to the gentlewoman from tional resolve to persevere to friend and foe human rights, especially the mitiga- Texas (Ms. JACKSON-LEE). alike. I wish we were not considering this bill H1208 CONGRESSIONAL RECORD — HOUSE March 11, 1999 in the middle of the peace talks in Kosovo. But would not come apart; that it would Mr. GILMAN. Mr. Chairman, I yield if we are to consider this resolution let us send not be taken over by fascists. We did such time as he may consume to the a clear signal of America's resolve to be a that through the Marshall Plan. We did gentleman from Georgia (Mr. BARR). partner for peace. it through investing in the European (Mr. BARR of Georgia asked and was The conflict in Kosovo has caused great powers, and we did it by establishing given permission to revise and extend human suffering and if left unchecked this the North Atlantic Treaty Organiza- his remarks.) conflict could potentially threaten the peace tion, NATO. Mr. BARR of Georgia. Mr. Chairman, and stability of Europe. Despite the serious- We established NATO, have invested I rise in opposition to the resolution ness of this conflict there are those who op- in it sustained it, and must lead it. The for military involvement in Kosovo. pose the use of troops. I wonder if those who nations of Europe depend upon the Mr. Chairman, I rise in opposition not only to are opposed to the use of troops are paying strength of our leadership. A free this resolution, but to the principle of govern- attention to the daily reports of atrocities, as democratic Europe might not exist ing that has brought it to the floor today. some 2,000 people have been killed. Are today if it were not for the United As we all know, this resolution binds no those in opposition to the use of our troops lis- States, and it might not exist as free one; it is fundamentally meaningless. Its pas- tening to the international aide workers who democratic states in the future if we do sage or failure may make a sound, but that are trying to aid the thousands of refugees not lead through NATO in defense of sound will not be heard outside this chamber. fleeing the war-ravaged province. democracy and human rights. Right now, American troops are deployed all Tension in this ethnic Albanian region has The other countries of the world rec- over the globe on missions of dubious value been increasing since the government of ognize they have to look to us for lead- with questionable rules of engagement. We Yugoslavia removed Kosovo's autonomous ership. They also have to look to us be- will do our business here today, close the status. Belgrade's decision came without the cause we are the principal military doors, turn out the lights, and go home; yet approval of the people of Kosovo, which has power in this world. We have the capac- American troops will still be deployed all over a population consisting of 90% ethnic Alba- ity to enforce peace, and the moral the globe, on missions of dubious value, with nians. Several human rights groups have compass to insist that it be a prin- questionable rules of engagement. made ominous reports of Serbian forces con- cipled peace. We can listen to college professors, govern- ducting abductions and summary executions. We should not be empowering a war ment bureaucrats, diplomats, and pundits talk These reprisal killings and the continued criminal, a bully, somebody who has about international law for days. However, human rights violations gives rise to the spec- gained power by using the situation in once they're silent, we'll still be left with the ter of ethnic cleansing. Kosovo to divide Yugoslavia and to ap- cold, hard fact that it is our job to determine The United States and its allies need to take peal to the Serbian peoples’ worst in- when to commit American troops to military concrete steps to ensure that this continued stincts. action. Once again, we seek to tiptoe around a violence in the Kosovo region does not spread He took away the autonomy of tough decision. We're trying to avoid doing our to Albania, Macedonia, Greece, and Turkey. In Kosovo in the late 1980s and Milosevic job so we won't sustain any political damage supporting the President's use of troops, this knew exactly what he did. He bred that might come as a side effect. body would signal a determination to take upon the hatred of ethnic fears. He What are we afraid of? The Constitution proactive measures in the Balkan region and used Kosovo to rise to power and he gives usÐthe CongressÐexclusive power to encourage an immediate peaceful resolution wants to use Kosovo to stay in power. to the conflict. commit American military forces to action. It is not in our interest that war Mr. Chairman, this bill expresses the sense Congress certainly hasn't shown similar reti- criminals have that kind of power. As of the United States Congress that it deeply cence to use its appropriation powers, or its we all know, when one stands up to a deplores and strongly condemns any loss of power to tax, or its power to regulate. bully they back down. This is our op- life or the destruction of property. In support- Personally, I have carefully considered the portunity to stand up to that bully. He ing this bill this body does not choose sides merits of using American troops as policemen should not be given the kind of credi- but indicates a willingness to choose the side in Kosovo. I have come to two simple conclu- bility he has been given. He cannot of human rights and human dignity. sions. Mr. Chairman, I urge my colleagues to sup- compete with us militarily, and he un- First, the job of a soldier is not to act as a port this bill and continue the U.S. role as a derstands that we are acting out of referee, an arbiter, a builder of societies or na- active participant in the Balkan peace process. principle; that if we act, if we lead, the tions, or a policeman. The job of a soldier is Mr. HOEFFEL. Mr. Chairman, I yield rest of the European powers will fol- to protect America's interests by destroying the balance of our time to the gen- low. He is counting, though, on the America's enemies on the battlefield. It is even tleman from Virginia (Mr. MORAN). U.S. Congress doing the politically ex- more insulting to ask a soldier to serve as a Mr. MORAN of Virginia. Mr. Chair- pedient thing by tying the President’s policeman under the aegis of some inter- man, it is in our interest to engage in hands and refusing to stand up to him. national organization instead of the American Kosovo. It is in our interest because We need to do the right thing in flag. Such actions do nothing to further vital the reason we enjoy world peace and Kosovo today because if we do not do American strategic interests. The role of such domestic prosperity is that we gain the right thing in Kosovo today, to- international groups is to perpetuate them- from worldwide peace and prosperity morrow it will be some place else be- selves by talking, sopping up U.S. tax dollars, more than any other nation in the cause other bullies around the world and satisfying the goals of some committee of world today. If there were war and de- will be empowered by Milosevic’s suc- leaders more concerned about the shape of pression in Europe we would pay the cess in Kosovo. They will learn from the table they are sitting around that with the higher price. We are the leader of this this that the United States is not as interests of the United States. free world because we have defined our- determined, we are not as resolved, we The second conclusion I have come to is selves as a principled nation; because are not as principled that we are not that no amount of American involvement in we believe in democracy and free enter- the same Nation that rebuilt Europe Kosovo is going to eliminate ethnic conflicts prise and freedom of expression and re- after World War II. that have raged for centuries. We've been try- spect for human rights. And because we The fact is we are the same Nation. ing to resolve this problem for three years and do more than just believe in it and talk We must be the same Nation. We must have gotten nowhere. The 4,000 American about it. We are willing to stand up for not allow this situation to implode so troops serving in a NATO occupation are ex- those principles. that we enter the conflict after thou- actly where they started. In a few short years, One might say we do not belong in sands more people have died and when Kosovo will take its place in history books the Balkans, that we have nothing to our troops will be subjected to far along with Bosnia, Haiti, and Somalia as ex- do with the Balkans. To say that, greater danger. Do the right thing in amples of a foreign policy that has no prin- though, we would have to conveniently Kosovo today. cipled framework, and which bounces from ignore the fact that two world wars The CHAIRMAN. All time of the gen- one so-called crisis to another, as a drunk were started in the Balkans, but we tleman from Connecticut (Mr. GEJDEN- bounces off the walls going down a flight of cannot ignore it because the reason Eu- SON) has expired. The gentleman from stairs. rope is stable today is that we invested New York (Mr. GILMAN) has 1 minute The only people who will rate this action a after World War II to make sure that it remaining. success are the foreign policy bureaucrats in March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1209 the Clinton Administration. Because their for- Mr. SPRATT. Mr. Chairman, we should not Without forceful diplomatic effort from the U.S. eign policy is not saddled with the burden of be asked to vote on this ill-timed resolution, and our allies, peace will never be achieved in concrete goals and objectives, they therefore asked to sign a blank check for this deploy- Kosovo. canÐand willÐdefine anything as a ``success'' ment; and were it not for the consequences, I Mr. Chairman each member of this body whenever pollsters tell them the ``public'' would not vote for it, certainly not in the form has reservations anytime we commit U.S. needs a dose of ``success.'' This is not a rec- it comes to us. But if at this critical point, we troops to peacekeeping forces, or to any de- ipe for measured military action; it is a recipe vote down this resolution, the winner will be ployment in a potentially hostile area. In fact, for failure, as defined by sound historical Slobodan Milosevic. He will read our action as I have always believed that our European al- standards of politics among nations. Doubt- his warrant to act with impunity, to stonewall lies should commit a higher proportion of the lessly, as this operation sputters to closeÐ the peace negotiators and move with vicious peacekeepers in the Balkans. Fortunately, the whenever that might beÐit will be praised in aggression against Kosovo. The best we can Kosovo plan takes a step in that direction by panel discussions and campaign speeches as make of the choices before us is to vote for calling on our European allies to contribute a resounding success, when the facts indicate the Gejdenson-Turner Amendment, and make over 24,000 troopsÐ86 percent of the total it was a tremendous waste of time, resources, this resolution turn on the achievement of a force. prestige, and possibly lives. genuine peace agreement. While U.S. troops would comprise, a small However, no matter how strong my feelings I would gladly vote for more conditions, for portion of the overall force, the absence of on this issue are, I'm willing to agree that sen- conditions like those proposed by Mr. COX and U.S. troops in a NATO peacekeeping force sible people can disagree over the merits of Mr. NETHERCUTT in the amendments they filed would have great consequences. NATO's military action in Kosovo. What I am not willing in the record. At the very least, before we members continue to look to the U.S. as a to do is agree that Congress should have a send ground troops, we should know: are they leaderÐimagine the consequences of not hon- non-binding vote on this matter, wash our peace-keepers or peace-makers? The words oring our obligations as leader of this security hands of it, move on to other issues that test sound similar, but the missions differ dramati- alliance. If we fail to respond to new chal- better in focus groups, and then periodically cally. I am opposed to sending ground troops lenges in the Balkans, our allies will leave the return to this issue when bullied by the Admin- to be peace-makers. But if a durable agree- Balkans. If we abandon our responsibilities in istration into pouring more money into it. ment is reached, I can support, reluctantly, the the alliance, we greatly jeopardize our national Right now, our soldiers are risking their lives deployment of our troops as peace-keepers. I interests in Europe, and weaken our leader- in a country many Americans have never say ``reluctantly'' because if there were a rea- ship role in the world. As a new member of the House delegation heard of. My constituents feel very strongly sonable division of labor between us and our to the North Atlantic Assembly, I have been about this issue. Sadly, their opinions will not European allies, they would take on this mis- studying our role in NATO in the post-cold-war be a part of American foreign policy. While I sion. We have at least made the minor prece- world. We recently celebrated the 50th anni- urge a no vote on the resolution today, it is far dent of committing only 4,000 troops out of a versary of NATOÐthe most successful secu- more important for Congress to reassert its force of 28,000. role in determining when and where American Like everyone in this House, I would prefer rity alliance in our Nation's history. But like all successful institutions, NATO must adapt to forces are committed. To do otherwise is to to send none. I would prefer not to put any of the new challenges it confronts. knowingly reject a specific, constitutional, and our young men and women in harm's way. But In the post-cold-war Balkan world, ethnic moral duty. we have learned that if the United States Mr. GILMAN. Mr. Chairman, I yield conflicts know no boundaries. Violence in wants things to happen, we have to lead; and as much time as he may consume to Kosovo greatly jeopardizes the fragile peace if we want to be the leader among our allies, the gentleman from California (Mr. in neighboring Bosnia and Macedonia. It also we have to participate. HORN). threatens to place Greece and TurkeyÐour As Senator Dole told us yesterday, if we (Mr. HORN asked and was given per- NATO alliesÐat odds with each other. Without want to remain the ``leader of NATO,'' the mission to revise and extend his re- peace in the Balkans, NATO's credibility as a ``United States cannot ignore serious threats marks.) guarantor of peace and stability in Europe is Mr. HORN. Mr. Chairman, I commend to stability in Europe.'' I think the U.S. should at risk. the chairman of the Committee on remain the leader of NATO, and I will, there- We are at a crucial juncture today in this International Relations for bringing fore, vote for this resolution, as amended by delicate and complex peace process. All par- this resolution to the floor. GEJDENSON and others. ties will reconvene on Monday, March 15, to The conflict in Kosovo is taking Mr. BORSKI. Mr. Chairman, I rise today to hopefully achieve an agreement. Any actions place within a sovereign nation. If we express support for the peace process in taken by Congress between now and next are going to go to war with a sovereign Kosovo and our troops in the Balkans. Failure week will have a profound impact on the final nation, we ought to provide a declara- to pass this resolution would seriously hamper outcome of the peace process. tion of war. That is what the Constitu- the efforts of the United States to seek a Fortunately, the U.S. and its allies are nego- tion of the United States would have us peace agreement in Kosovo. tiating from a position of strength. Thanks in do. I think all of us in this Chamber Ten years ago, Slobodan Milosevic stripped large part to the efforts of Bob Dole, the know that Serbian leader Milosevic is a Kosovo of its autonomyÐan action which pre- Kosovars are reportedly united and ready to war criminal that should be tried by an cipitated the collapse of Yugoslavia and ethnic sign a peace agreement. Clearly, the pressure international tribunal. The issue here violence throughout the Balkans. Since that is now on Milosevic to make concessions and today is, by what criteria should Con- time, the Kosovars have been struggling to at- sign on the dotted line. gress and the President of the United tain self deteminationÐa principle we cherish But if we fail to approve this resolution, the States judge whether American troops so deeply here in the United States. Milosevic pendulum will shift the other way, and possibly should go there? has responded with brutality, using the Yugo- destroy all hopes of achieving a peace agree- slavian army to crush the aspirations of the b ment. Defeat today would clearly strengthen 1545 Kosovars. His forces have terrorized and mur- Milosevic's hand, diminish our ability to keep When is the success known by Amer- dered innocent civilians and forced thousands the Kosovars united and greatly weaken our ican troops sent to Kosovo? The Presi- from their homes. Indeed, the region today is position of leadership in NATO. dent repeatedly broke promises regard- on the verge of massive violence and human Peace in Kosovo is not a Democratic or Re- ing the length of service in Bosnia be- suffering. publican priorityÐit is in the interests of all of fore admitting our troops will be there The U.S. is currently leading international us who support the values of freedom and the indefinitely. Are they going to spend 50 negotiations to achieve a peace agreement growth of democracy. I would remind my Re- years in the Balkans around Kosovo to between the Serbian Government and publican colleagues that President George bring peace as we have in Korea? Korea Kosovo's ethnic Albanian population. America Bush in 1992 took forceful steps to warn was where another Nation invaded and its allies have given Milosevic every op- Milosevic against the use of force in KosovoÐ South Korea. portunity to resolve this conflict through peace- an action supported in a bipartisan manner by This is the time to ask the President ful means. We are not asking him to grant Congress. I would certainly hope that this to face up to the tough questions and anything new to KosovoÐonly to restore the same bipartisan spirit would prevail on the give us the answers to the questions autonomy that we stripped from Kosovo in floor today. that have been submitted to him. I 1989. Yet Milosevic remains resistant to an Mr. Chairman, instead of sniping at the for- would keep American troops out of agreement and the presence of an inter- eign policy of our President, we should be ex- Kosovo. national peacekeeping force to implement it. pressing our strongest possible support for the H1210 CONGRESSIONAL RECORD — HOUSE March 11, 1999 men and women of the U.S. Armed Forces. the question of funding our armed forces, participation in Kosovo claim that the United They will not go to Kosovo if there is no forces stretched thin by multiple commitments States lacks a vital national interest in this peacekeeping agreement to enforce. But around the world. We are debating how to conflict, that we ``don't have a dog in this should they be called upon to serve in protect our nation from missile attack, perhaps fight''. But I would argue that we do indeed Kosovo, our troops should know that they are from missiles improved with stolen American have a vital national interest in this conflict, as strongly supported by Congress. technology. How, then, will another open- this region has previously been the source of Mr. HORN. Mr. Chairman, earlier today I ex- ended commitment of American forces help great pain and suffering. Twice before in the pressed my views on why the American mili- American security. I have heard the argument 20th century we have seen American soldiers tary should not be sent to Kosovo. on why American forces must be present to drawn to Europe to fight wars that either The conflict in Kosovo is taking place within make a peacekeeping force work, and while began in the Balkan region or ignited fighting a sovereign nation. If we are going to go to these arguments have merit, they also point there. When this region was again the source war with a sovereign nation, we ought to pro- out the failure of Europe to deal with issues in of conflict after World War I, the United States vide a declaration of war. That is what the its own backyard. did not intervene and subsequently hundreds Constitution of the United States would have Under the agreement being negotiated now, of thousands of brave Americans and Euro- us do. I think all of us in this Chamber know the peacekeeping force would attack Serbia if peans paid the ultimate price. As George San- that Serbian leader Milosevic is a war criminal its forces or sympathizers violate the agree- tayana once said, ``those who cannot remem- that should be tried by an international tribu- ment, but what would happen if elements of ber the past are condemned to repeat it.'' Ex- nal. The issue here today is, by what criteria the Kosovo Liberation Army violates the perience dictates that turning a blind eye to should Congress and the President of the agreement? How would the United States with this region can be fraught with peril. United States judge whether American troops NATO punish Kosovar violations? I believe that the current crisis in Kosovo, if should go there? When is the success known The United States presumably has a re- not confronted now, could have devastating by American troops sent to Kosovo? The sponsibility to end the bloodshed in Kosovo and disastrous effects on this region. We must President repeatedly broke promises regarding because it is the only nation left with the re- remember that violence in southern Europe the length of service in Bosnia before admit- sources to do so. So why, then, is the Admin- has no boundaries. There is a strong possibil- ting our troops will be there indefinitely. Are istration not seeking to put peacekeepers on ity that the current fighting in Kosovo could they going to spend 50 years in the Balkans the ground in Turkey, where thousands of in- trigger a chain reaction of conflict that might around Kosovo to bring peace as we have in nocent Kurds have been killed in Turkey's at- engulf the entire region. A spreading conflict Korea? Korea was where another Nation in- tempt to destroy the terrorists of the PKK? could re-ignite fighting in neighboring Albania vaded South Korea. Why have American peacekeepers not been and destabilize fragile Macedonia where the This is the time to ask the President to face dispatched to Sierra Leone, where the killing UN peacekeeping force mission has ended. In up to the tough questions and give us the an- continues? Why were international peace- addition, our NATO allies Greece and Turkey, swers to the questions that have been submit- keepers not part of the Irish or Basque peace longtime adversaries with historical ties to both ted to him. I would keep American troops out agreement? What makes Kosovo different? sides, could also be brought into the conflict. of Kosovo. Let us keep American troops out of Kosovo. Increasing hostilities would cause massive suf- The President has failed to explain the ur- If lives are to be in harm's way let the Euro- fering, displace tens of thousands of people, gent national interest which requires the intro- pean members of NATO handle regional con- undermine stability throughout South Central duction of U.S. forces into Kosovo. He has flicts in their own backyard. Europe and directly affect our key allies in the failed to even attempt a full explanation of this Mr. CROWLEY. Mr. Chairman, for the past region. As we have learned in Bosnia and seen in policy to Congress. The Constitution has given decade, ethnic Albanians of Kosovo, a prov- Kosovo, the only language that President Congress a clear role to play which the Presi- ince of Serbia, the dominant republic of Yugo- Milosevic understands is that of force. Addi- dent has ignored. slavia, have fought a courageous campaign to tionally, what we have seen in the former The Administration argues that if the House regain the rights they had taken away by Yugoslavia in the last decade is that it is very votes against authorizing its experiments in Yugoslav President Slobodan Milosevic who in difficult to stop internal conflicts if the inter- peacebuilding today, it will undercut ongoing 1989 stripped away the autonomy they had national community is not willing to use force. negotiations and perhaps even lead to more enjoyed under the Yugoslav Constitution. The United States must be willing to show Mr. bloodshed. This is insulting. It is the Adminis- Milosevic, the architect of this crisis who also Milosevic that we will not stand idly by while tration's refusal to consult with Congress and produced the Bosnian tragedy, and presided his forces systematically murder and displace its inability to form a strong policy against Ser- over the dissolution of what was once Yugo- innocent civilians. bian aggression that has led to the debate slavia, has brought poverty and misery to his President Clinton once said that the United today. The Administration has rejected all at- own people and has sown the seeds of stri- States is the world's indispensable nation. I tempts by Congress to assert its Constitutional dent nationalism throughout the Balkans. strongly believe this to be true. Our country role on every occasion it has put our forces in Milosevic has met all attempts to reach a has a moral obligation to stand up and act harm's way without a clear explanation of its peaceful settlement with the ethnic Albanian when innocent civilians are being murdered mission or on what our forces were supposed community with forceful vengeance and re- and their basic fundamental rights are being to accomplish. The current objections by the pression. President Milosevic escalated this violated. As the leading voice in the world for White House are more of the same rhetoric campaign of terror about one year ago when democracy, respect for the rule of law and from an Executive Branch derisive of consulta- he launched a brutal crackdown on the major- fundamental human rights, we are sometimes tion with Congress. ity Albanian population. Civilians were terror- confronted with difficult decisions. The conflict in Kosovo is taking place within ized, tortured and murdered by Serbian police This I believe, is one of those decisions. a sovereign nation. Intervention in Kosovo, and military forces while hundreds more were And while I do not take lightly the decision to even following an agreement forced upon both driven from their homes. This systematic cam- dispatch our armed forces abroad, I strongly sides, is the intervention in a civil war to medi- paign of repression manifested itself this past believe that the United States must lead the ate between two sides which we are trying to January, when Serbian security forces brutally efforts to halt the bloodshed and violence in force into an agreement that will require our massacred 45 Albanian citizens in the village Kosovo. forces to uphold. of Racak. Mr. BONILLA. Mr. Chairman, our respon- By what criteria would the President judge Spurred on by Milosevic's campaign of ter- sibility is to protect America. Our responsibility success in this mission whereby American ror, the United States and its European allies is to act prudently before placing any of our troops could be recalled from Kosovo? The initiated peace talks between the two sides fellow Americans in harm's way. We have no President repeatedly broke promises regarding which ended with both agreeing to resume ne- responsibility to referee bloody disputes wher- the length of service in Bosnia before admit- gotiations on March 15. As part of a proposed ever they crop up. ting that our troops will be there indefinitely. peace agreement, the United States would The fuse on Kosovo has been lit. The Serbs Once a peacekeeping force enters Kosovo to contribute 4,000 American troops to an inter- have no interest in relinquishing their historic uphold a forced agreement, that force will national peacekeeping force of 28,000 that claims on the territory. The Albanians speak serve indefinitely unless Congress acts to re- would be responsible for implementing the with so many voices that the only certainty we sponsibly to restrict yet another open-ended provisions of the peace accord. have is that any Albanian leader we deal with commitment to achieve nebulous goals. This possible deployment of American will not be speaking for most of his armed While the House debates the commitment of troops to Kosovo has created a contentious compatriots. When we make ourselves this re- forces to Kosovo, we are also wrestling with debate within congress. Critics of an American gion's policeman we make our young men and March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1211 women targets for armed fanatics. And com- troops to Bosnia. It was to only be a tem- Some argue that those in this House that mitting them will continue to place greater porary operation of 12 months and only cost have reservations about sending American strains and burdens on our over-stretched mili- the American taxpayers $1 billion dollars. As ground forces to Kosovo are isolationists. I tary. we all know, we are now in year 4 and the emphatically disagree with this assertion. I Neither side there likes us. Neither side re- price tag is over $10 billion. We should not be firmly support a strong U.S. presence through- spects us. Neither side wants us there. Who fooled again. out the world on every stage, including mili- are we protecting? Asked what the plans are now, the Adminis- tary, economic, and political. I worked hard in There is no reason to believe that the Alba- tration says about one year and about $2 bil- this body on issues such as full participation in nian and Serb positions are reconcilable or lion. Two billion dollars to merely detour war- the IMF, being a leader in world trade, eco- that either side wants reconciliation. ring factions. If and when the United States nomic support to many nations, humanitarian The risks of this strategy are that trans- ever does leave the region, some estimates relief and the fight against hunger throughout parent. The benefits in contrast are little more are that fighting would be restarted within the world, and the strengthening of NATO to than wishes and hopes which we have no rea- months, if not weeks. mention a few. son to believe will materialize. Some have ar- Mr. Chairman, Kosovo is a dangerous There is no doubt a brutal bloody ethnic civil gued that defeating this resolution today will place. If there are questions about troop safety war is occurring in Kosovo and that there is kill the peace process. Let me just say that if and regional stability in the Balkans (Bosnia the need for a greater debate on this issue. killing the so-called peace process saves and Kosovo), I encourage my colleagues to These ethnic animosities have existed for cen- American lives I will always make that choice. please take a look at a recently released clas- turies of time. But to place American troops in We should oppose this deployment because sified GAO report entitled ``International Secu- the middle of this ethnic war without a defined it will only erode our military strength, weaken rity; NATO's Operations and Contingency mission, without a defined goal, and without our nation's credibility and place our military Plans for Stabilizing the Balkans'' (GAO±C± an exit strategy is highly questionable. It is a forces at great risk. NSIAD±99±4). question that must be answered by both the If you vote to approve this resolution, you However, I have also asked that the GAO President and Congress before any action it should know why, because you may have to provide an unclassified version of this report taken. explain that to the family of an American sol- for the public record. I hope that my col- I question the use of NATO to coerce a sov- dier. That's not a pleasant thought. I hope, leagues will consider reading one of these ver- ereign nation to consent to our position on with all my heart, it will never come true, but sions before we vote. their own internal issues. Europe should take that's your responsibility if you vote for this The President's plan to add more than the lead on dealing with the Kosovo situation. resolution. 4,000 U.S. ground troops to Kosovo on top of Europe should supply the ground troops. I The administration has failed diplomatically. the 6,900 troops next door in Bosnia, is have no problem with the United States pro- Please don't send our troops over to make wrong. viding logistic, technical, and intelligence as- Much to my dismay, this geographic region some diplomats look good. sets to support our European allies. Please reject this misguided policy which is increasingly becoming a permanent forward As Henry Kissinger stated in his widely read threatens the lives of our military and the se- deployment area and it is conceivable that article, Kosovo, in terms of security, is a Euro- curity of our nation. within the next few years, we might be in half pean interest not an American interest. Mr. EVANS. Mr. Chairman, I support H. a dozen countries because of a Balkan dom- ``Kosovo is no more a threat to America than Con. Res. 42 and encourage my colleagues to ino effect. Haiti was to Europe and our NATO allies were The Administration failed to answer many vote for it. At this delicate moment, our sup- not asked to help there.'' key questions before U.S. troops were sent port of the President is critical to the success Let me add this . . . if the President decides into Bosnia. I ask my colleagues to consider of this peace agreement. to send troops to Kosovo, with or without the the following three questions which were I am always wary of committing our uni- consent of Congress, once young Americans never answered before. formed men and women into conflict. How- hit the ground I will strongly support them with ever, I strongly believe that we cannot turn a What is the mission? Is the mission in our national security inter- the knowledge that America's sons and blind eye to a genocide that is steadily de- est or is it a European security interest? daughters will perform with true fidelity to stroying Kosovo and threatening the peace What is the exit strategy and when does it honor, duty, country. They will as always do throughout the region. Rejecting this resolution kick in? their best and make us proud. is complying with the continued slaughter of Mr. Chairman, Congress needs to regain So I caution my colleagues that this debate hundreds of thousands of men, women and control of this peacemaking/peacekeeping sit- is about policy not support of our troops in the children. To date, over 400,000 people have uation, because I think we have a White field and it is about Congress' role in foreign been driven from their homes, 200,000 have House with an itch to disperse U.S. troops affairs not isolationism. perished and entire villages have been pil- worldwide with insufficient American security With that, Mr. Chairman, I must state my laged in the name of ``ethnic cleansing.'' interests at stake. great reservations about sending American As the sole remaining superpower, we have I hope my colleagues on both sides of the troops to Kosovo. a responsibility to the people of the Balkins, aisle will join me in opposing this important I include the Kissinger editorial in the NATO and the greater global community to Kosovo resolution. RECORD of this debate. take our proper role in helping to end this trag- Mrs. ROUKEMA. Mr. Chairman, I rise to [From the Washington Post, Feb. 21, 1999] edy. I believe that our allies have truly stepped speak on this most serious issue that con- NO U.S. GROUND FORCES FOR KOSOVO—LEAD- up to the plateÐthe bulk of the peacekeeping fronts us today. ERSHIP DOESN’T MEAN THAT WE MUST DO forces will not be American, but European. There is little disagreement on the brutal be- EVERYTHING OURSELVES. Our participation will help achieve a European havior of the Serbs and the inhuman atrocities (Henry Kissinger) solution to this crisisÐsomething that we must they have inflicted upon the Albanian President Clinton’s announcement that encourage. Kosovars. There is a great human tragedy un- some 4,000 American troops will join a NATO Now is not the time to step away from our folding in the region. force of 28,000 to help police a Kosovo agree- responsibility, but to seize it. I urge my col- But the placement of American troops on ment faces all those concerned with long- leagues to support the resolution. the ground as a part of peacekeeping force in range American national security policy with a quandary. Mr. HILLEARY. Mr. Chairman, I rise today a sovereign state torn by civil war must be a Having at one time shared responsibility in strong support of our troops, as always, but decision that has been fully debated and con- for national security policy and the extri- I stand absolutely opposed to yet another sented to by Congress. The President must in- cation from Vietnam, I am profoundly un- black hole-undefined U.S. troop deployment, clude Congress in the formulation of this pol- easy about the proliferation of open-ended this time to Kosovo, for peacemaking and icy. American commitments involving the de- peacekeeping reasons. The Washington Post stated this morning ployment of U.S. forces. American forces are The debate today mirrors what we have de- that, ``We think the stakes are sufficient to in harm’s way in Kosovo, Bosnia and the bated the last 4 years over Bosnia, and yes make it highly desirable that the president's gulf. They lack both a definition of strategic purpose by which success can be measured Mr. Speaker, it is not a news flash that thou- policy be supported by a strong bipartisan and an exit strategy. In the case of Kosovo, sands of U.S. troops are right next door and vote in Congress. The president ought to be the concern is that America’s leadership will unfortunately remain there indefinitely. asking forthrightly for congressional approval, would be impaired by the refusal of Congress I remind my colleagues of what the Presi- not trying to evade a congressional judgment to approve American participation in the dent said before he dispatched thousands of on his policy in Kosovo.'' NATO force that has come into being largely H1212 CONGRESSIONAL RECORD — HOUSE March 11, 1999 as a result of a diplomacy conceived and ‘‘strong peace agreement’’ is like to be at cause of the refugees the conflict might gen- spurred by Washington. best the overture to another, far more com- erate, as the president has pointed out. Thus, in the end, Congress may feel it has plicated set of conflicts. Kosovo is no more a threat to America than little choice but to go along. In any event, Ironically, the projected peace agreement Haiti was to Europe—and we never asked for its formal approval is not required. But Con- increases the likelihood of the various pos- NATO support there. The nearly 300 million gress needs to put the administration on no- sible escalations sketched by the president Europeans should be able to generate the tice that it is uneasy about being repeatedly as justification for a U.S. deployment. An ground forces to deal with 2.3 million confronted with ad hoc military missions. independent Albanian Kosovo surely would Kosovars. To symbolize Allied unity on larg- The development and articulation of a com- seek to incorporate the neighboring Alba- er issues, we should provide logistics, intel- prehensive strategy is imperative if we are nian minorities—mostly in Macedonia—and ligence and air support. But I see no need for to avoid being stretched too thin in the face perhaps even Albania itself. And a Macedo- U.S ground forces; leadership should not be of other foreseeable and militarily more dan- nian conflict would land us precisely back in interpreted to mean that we must do every- gerous challenges. the Balkan wars of earlier in this century. thing ourselves. Before any future deployments take place, Will Kosovo then become the premise for a Sooner of later, we must articulate the we must be able to answer these questions: NATO move into Macedonia, just as the de- American capability to sustain a global pol- What consequences are we seeking to pre- ployment in Bosnia is invoked as justifica- icy. The failure to do so landed us in the vent? What goals are we seeking to achieve? tion for the move into Kosovo? Is NATO to Vietnam morass. Even if one stipulates an In what way do they serve the national in- be the home for a whole series of Balkan American strategic interest in Kosovo terest? NATO protectorates? (which I do not), we must take care not to President Clinton has justified American What confuses the situation even more is stretch ourselves too thin in the face of far troop deployments in Kosovo on the ground that the American missions in Bosnia and less ambiguous threats in the Middle East that ethnic conflict in Yugoslavia threatens Kosovo are justified by different, perhaps in- and Northwest Asia. ‘‘Europe’s stability and future.’’ Other ad- compatible, objectives. In Bosnia, American Each incremental deployment into the ministration spokesmen have compared the deployment is being promoted as a means to Balkans is bound to weaken our ability to challenge to that of Hitler’s threat to Euro- unite Croats, Muslims and Serbs into a sin- deal with Saddam Hussein and North Korea. pean security. Neither statement does jus- gle state. Serbs and Croats prefer to practice The psychological drain may be even more tice to Balkan realities. self-determination but are being asked to grave. Each time we make a peripheral de- The proposed deployment in Kosovo does subordinate their preference to the geo- ployment, the administration is constrained not deal with any threat to American secu- political argument that a small Muslim Bos- to insist that the danger to American forces rity as traditionally conceived. The threat- nian state would be too precarious and is minimal—the Kosovo deployment is offi- ening escalations sketched by the presi- irredentist. But in Kosovo, national self-de- cially described as a ‘‘peace implementation dent—to Macedonia or Greece and Turkey— termination is invoked to produce a tiny force.’’ Such comments have two unfortunate con- are in the long run more likely to result state nearly certain to be irredentist. sequences: They increase the impression from the emergence of a Kosovo state. Since neither traditional concepts of the among Americans that military force can be Nor is the Kosovo problem new. Ethnic national interest nor U.S. security impel the used casualty-free, and they send a signal of conflict has been endemic in the Balkans for deployment, the ultimate justification is the weakness to potential enemies. For in the centuries. Waves of conquests have laudable and very American goal of easing end, our forces will be judged on how ade- congealed divisions between ethnic groups human suffering. This is why, in the end, I quate they are for peace imposition, not and religions, between the Eastern Orthodox went along with the Dayton agreement in so peace implementation. and Catholic faiths; between Christianity far as it ended the war by separating the I always am inclined to support the incum- and Islam; between the heirs of the Austrian contending forces. But I cannot bring myself bent administration in a forceful assertion of and Ottoman empires. to endorse American ground forces in the national interest. And as a passionate Through the centuries, these conflicts have Kosovo. believer in the NATO alliance, I make the been fought with unparalleled ferocity be- In Bosnia, the exit strategy can be de- distinctions between European and American cause none of the populations has any expe- scribed. The existing dividing lines can be security interests in the Balkans with the rience with—and essentially no belief in— made permanent. Failure to do so will re- utmost reluctance. But support for a strong Western concepts of toleration. Majority quire their having to be manned indefinitely foreign policy and a strong NATO surely will rule and compromise that underlie most of unless we change our objective to self-deter- evaporate if we fail to anchor them in a clear the proposals for a ‘‘solution’’ never have mination and permit each ethnic group to definition of the national interest and im- found an echo in the Balkans. decide its own fate. part a sense of direction to our foreign policy In Kosovo, that option does not exist. Moreover, the projected Kosovo agreement in a period of turbulent change. is unlikely to enjoy the support of the par- There are no ethnic dividing lines, and both Mr. EWING. Mr. Chairman, I rise today to ties for a long period of time. For Serbia, ac- sides claim the entire territory. America’s quiescing under the threat of NATO bom- attitude toward the Serbs’ attempts to insist express my concern with the possibility that bardment, it involves nearly unprecedented on their claim has been made plain enough; U.S. troops my soon be deployed to Kosovo. international intercession. Yugoslavia, a it is the threat of bombing. But how do we The U.S. has promised to send approximately sovereign state, is being asked to cede con- and NATO react to Albanian transgressions 4,000 troops to Kosovo to enforce a cease-fire trol and in time sovereignty of a province and irredentism? Are we prepared to fight that has not yet been agreed to. We are told containing its national shrines to foreign both sides and for how long? In the face of that our servicemen and women will be in military force. issues such as these, the unity of the contact Kosovo for at least three years, but are given Though President Slobodan Milosevic has group of powers acting on behalf of NATO is no indication of the expected cost, or the much to answer for, especially in Bosnia, he likely to dissolve. Russia surely will increas- goals of the mission. is less the cause of the conflict in Kosovo ingly emerge as the supporter of the Serbian than an expression of it. On the need to re- point of view. I am troubled by the fact that the administra- tain Kosovo, Serbian leaders—including We must take care not to treat a humani- tion appears to be rushing towards a quick de- Milosevic’s domestic opponents—seem tarian foreign policy as a magic recipe for ployment without explaining to the Congress united. For Serbia, current NATO policy the basic problem of establishing priorities and the country why our troops need to be means either dismemberment of the country in foreign policy. The president’s statements sent to Kosovo. I have yet to hear a clear ex- or postponement of the conflict to a future ‘‘that we can make a difference’’ and that planation of what our interests are in date when, according to the NATO proposal, ‘‘America symbolizes hope and resolve’’ are KosovoÐwhy does the most powerful nation the future of the province will be decided. exhortations, not policy prescriptions. Do in the world need to put its troops in harm's The same attitude governs the Albanian they mean that America’s military power is side. The Kosovo Liberation Army (KLA) is available to enable every ethnic or religious way to enforce a peace agreement that fighting for independence, not autonomy. group to achieve self-determination? Is doesn't even exist? But under the projected agreement, Kosovo, NATO to become the artillery for ethnic con- I am not convinced that it is in our best in- now an integral part of Serbia, is to be made flict? If Kosovo, why not East Africa or Cen- terest to send U.S. troops to Kosovo. We have an autonomous and self-governing entity tral Asia? And would a doctrine of universal many potential trouble spots brewing around within Serbia, which, however, will remain humanitarian intervention reduce or in- the world that beg for our attentionÐNorth responsible for external security and even crease suffering by intensifying ethnic and Korea, China's missile race, and the deterio- exercise some unspecified internal police religious conflict? What are the limits of rating situation in Russia are national security functions. A plebiscite at the end of three such a policy and by what criteria is it es- problems vital to our interests, and they beg years is to determine the region’s future. tablished? The KLA is certain to try to use the cease- In my view, that line should be drawn at for strong U.S. involvement. Yet Congress is fire to expel the last Serbian influences from American ground forces for Kosovo. Euro- being told that the situation in Kosovo is a vital the province and drag its feet on giving up peans never tire of stressing the need for national security concern, and this threat justi- its arms. And if NATO resists, it may come greater European autonomy. Here is an occa- fies placing our troops in harm's way. under attack itself—perhaps from both sides. sion to demonstrate it. If Kosovo presents a We have had troops in Bosnia since 1995, What is described by the administration as a security problem, it is to Europe, largely be- at a cost of more than $12 billion. This is March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1213 money that is taken directly from DoD ac- four years and there is still no end-date in lieve that Milosevic is guilty of crimes against counts, reducing our readiness in other crucial sight. Yet, the Administration has not included humanity and other war crimes, and I am areas. Even worse, the long and repeated funding for this mission in their budget until deeply concerned about this affront to human tours of duty in Bosnia have convinced many this year. This open-ended mission, while it rights. This chamber has voted to support the soldiers in the active and reserve branches to has saved lives, it has also cost $19 billion to International Criminal Tribunal for the former retire, depleting our ranks of dedicated and date. Yugoslavia in its efforts to bring Milosevic to experienced people. Congress is now told that The Administration may be embarking on justice. However, without a well thought out the Army wants to lower its recruitment stand- this mission in Kosovo to save lives and pre- plan on how we should utilize our troops, I ards and begin hiring high school dropouts to vent open warfare in the Balkans, but we here cannot support this action. make up for shortages in manpower. in Congress will be responsible for making the Mr. Chairman, look at the other conflicts we The same crowd that ridiculed the ``Domino tough decisions about how to pay for it. have gotten involved with. Somalia was a dis- Theory'' of communist expansion now appear There is no money in the President's budget aster. Iraq continues in its defiance. American to be advancing their own ``Domino Theory'' to pay for this deployment. The Administration troops are still inextricably entangled in Bos- for the region around the former YugoslaviaÐ has requested increased spending on all sorts nia. Haiti dissolved its democracy and now first it was Macedonia, then Bosnia, now of new programs from education to health has an authoritarian regime. The track record Kosovo, and then what? care but there is no money for our troops that for this Administration is not good. Mr. Chairman, a convincing case has not may be deployed in Kosovo. The Administration has not explained how been made for the necessity of U.S. troop in- And from the hearings I have attended so dragging American troops into another ethnic volvement in Kosovo. The U.S. does not need far as a Member of the Defense Appropria- conflict will protect American interests, and the best trained and most powerful army in the tions Subcommittee, we are already facing until that is done in a satisfactory fashion, I world sitting in Kosovo playing peacekeeper. If real shortfalls in funding and manpower in cannot and will not support the Administra- Europe is so concerned about the destabiliz- several other ongoing missions, including the tion's attempts to put American troops in ing effects of Kosovo, then let them handle the Persian Gulf. And don't be fooled by claims harm's way. problem. When it is said that ``NATO'' will be that this mission will be far more limited than Mr. Chairman, we are not the emergency providing the troops, that usually can be trans- the one in Bosnia and thus, less costly. In a 911 number for the world, and I urge my col- lated as ``the U.S.'' America pays the bills and recent hearing with Secretary of Defense leagues to oppose this resolution. undertakes most of the difficult missionsÐvir- Cohen, I asked him about the U.S. commit- Mr. FORD. Mr. Chairman, I rise today in tually all the bombing and other air missions ment to deploy 4,000 troops as part of a larger support of the Gejdenson Amendment to H. are handled by our Air Force. NATO force. In reality, he told me that the Con. Res. 42. Three months before he died, Our troops have been in Bosnia since 1995, number is closer to 12,000 because for every in his fourth inaugural address, President at a huge cost to our military readiness and to one of our men on the ground, 3 more of our Franklin Roosevelt expressed his hope for a the Defense budget. We must resist the urge soldiers are required in support. ``just, honorable, and durable'' settlement to to use military force to resolve every humani- So, I rise to forewarn my colleagues that we World War II. But he cautioned against acting tarian problem that crops us. We need to take will face some very tough choices about how impetuously to bring about this settlement, our troops out of the equation in Kosovo and to pay for these missions, as well as the pro- knowing that ``peace could not be achieved begin focusing on real national security con- posed pay raise for our military personnel and immediately.'' cerns. to address the many other shortfalls in our President Roosevelt was aware that peace- Mr. COSTELLO. Mr. Chairman, I rise in op- military readiness. The President has failed to making is a delicate process. We have position to consideration of this resolution au- do so in his budget, but we will not. The Presi- learned, as a country and as a people, that thorizing the use of U.S. ground troops in dent has not only failed to consult Congress, peace is a difficult goal to achieve. Peace Kosovo. I do not support putting American ground but he has failed in his budget proposal to say takes engagement. Most of all, peace takes troops, even as part of a NATO force, in the how he will pay for this critical decision. time. middle of a civil war in central Europe. But I Mr. LIPINSKI. Mr. Chairman, I rise today in As most of you know, I am the youngest object to this resolution on other grounds, as opposition to H. Con. Res. 42, a concurrent member of the House. Many people have tried well. This very debate may hamstring our ne- resolution regarding the use of U.S. Armed to find a name for my generation, because in gotiators as they seek a peaceful resolution of Forces as part of a NATO peacekeeping oper- earlier times there was the World War I gen- the Kosovo conflict with the Serbian govern- ation implementing a Kosovo peace agree- eration, the World War II generation, and the ment and ethnic Albanians. ment. Vietnam Generation. There are no wars to It makes no sense to me that the Congress Let me first say that I am a strong supporter name us by. Why is that? Because we have is debating a resolution on use of force before of the brave and hard-working men and learned that U.S. forces should only be used our negotiators have even concluded their at- women of our armed services. I salute them when there is a clear goal and U.S. interests tempts to resolve the Kosovo situation peace- for all they have done for our great nation, and are threatened. And even then, we must use fully. I hope we do not damage their efforts by I am extremely proud of them. force judiciously and effectively. even taking this resolution under consider- However, this is an initiative that NATO was I myself have some concerns on the extent ation. never intended to undertake. As Henry Kissin- of our commitment, our exit strategy, and our I am not opposed to NATO forces being in- ger said at a House International Relations rules of engagement. But how can we dictate volved in enforcing an agreement. Our air Committee hearing, this would be an ``unprec- the terms of our involvement when a settle- forces have effectively been used to enforce edented extension of NATO's authority.'' ment has not yet been reached? the United Nations resolutions involving Iraq, More importantly, I believe that inserting our Unfortunately, the majority has brought this for example. However, I do not believe it is in troops in the middle of an ethnically charged resolution to the floor at this time, against the our best interestsÐor in the interest of the Eu- civil war is very dangerous. Neither the Alba- blatant wishes of all those involved in the ropean CommunityÐfor Americans to be part nians nor the Serbs are interested in any sort process, from Senator Dole to the President to of a ground force in Kosovo. That is why I will of compromise. The Albanians want only inde- the Kosovars to the Serbs. This is an obstruc- cast my vote against this resolution today. pendence and the Serbs, who view Kosovo as tion of the peace process. I support this Mr. FRELINGHUYSEN. Mr. Chairman, while the cradle of the Serbian civilization, are un- amendment because I support the Administra- there may be no desire by President Clinton willing to give up their ancestral homeland. If tion's efforts to secure a just peace. and his Administration to recognize Congress' neither side is interested in working out a At the same time, we must play our con- role in determining whether or not to deploy peaceful agreement, the introduction of Amer- stitutional role responsibly. Let the Administra- troops to Kosovo, we all know that their deci- ican troops into the conflict will probably in- tion continue its efforts toward reaching a set- sion will require Congress to find the nec- flame anti-American sentiments and Albanian tlement. As Speaker HASTERT himself said two essary dollars to pay for this mission. And nationalism with disastrous results. They don't weeks ago, let's give them the ``room to nego- there is no question that Congress will provide want our help and don't want to work towards tiate.'' I would be surprised to learn that the necessary dollars to support our men and peace. I do not believe that we should risk the Speaker HASTERT considers two weeks women in uniform. lives of our troops for intangible goals that enough time to resolve a conflict that spans But we need to be prepared for the tough have no basis in reality. centuries. choices that lie ahead. Now, I certainly do not advocate the actions The President should continue taking steps Let's take the U.S. mission in Bosnia as an of Yugoslav President Slobodan Milosevic. to bring the parties to a fair and just agree- example. We have been in Bosnia for almost There is a compelling body of evidence to be- ment. If and when such an agreement is H1214 CONGRESSIONAL RECORD — HOUSE March 11, 1999 reached, we should give our full support for Page 2, line 4, strike ‘‘(3)’’ and insert ‘‘(5)’’. to be heard on the point of order, the the deployment of U.S. troops. For these rea- Page 2, strike line 9 and all that follows Chair would recognize him. son, I support the Gejdenson Amendment to and insert the following: Mr. GEJDENSON. Mr. Chairman, my SEC. 3. DEPLOYMENT OF UNITED STATES ARMED question is, is that the section that the H. Con. Res. 42. FORCES TO KOSOVO. The CHAIRMAN. All time for general gentleman objects to? (a) DECLARATION OF POLICY RELATING TO debate has expired. INTERIM AGREEMENT.—The Congress urges Mr. GILMAN. Yes. That is correct, Pursuant to the rule, the concurrent the President to continue to take measures Mr. Chairman. resolution is considered read for described in (b) to support the ongoing peace The CHAIRMAN. The gentleman is amendment under the 5-minute rule. process relating to Kosovo with the objective not making a proper parliamentary in- The text of House Concurrent Resolu- of reaching a fair and just interim agreement quiry of the Chair. The Chair will rule tion 42 is as follows: between the Serbian Government and the on the germaneness of the amendment Kosovar Albanians on the status of Kosovo. H. CON. RES. 42 after hearing argument. (b) AUTHORIZATION FOR DEPLOYMENT OF Resolved by the House of Representatives (the Does the gentleman wish to be heard ARMED FORCES.—If a fair and just interim Senate concurring), agreement described in subsection (a) is on the point of order? SECTION 1. SHORT TITLE. reached, the President is authorized to de- Mr. GEJDENSON. I do wish to be This resolution may be cited as the ploy United States Armed Forces personnel heard, Mr. Chairman. ‘‘Peacekeeping Operations in Kosovo Resolu- to Kosovo as part of a NATO peacekeeping The CHAIRMAN. The gentleman may tion’’. operation implementing such interim agree- proceed. SEC. 2. FINDINGS. ment. Mr. GEJDENSON. Mr. Chairman, it The Congress makes the following findings: (c) DECLARATION OF POLICY RELATING TO is my understanding that the Chair- (1) The conflict in Kosovo has caused great SUPPORT FOR ARMED FORCES.—The Congress man has just indicated that he objects human suffering and, if permitted to con- unequivocally supports the men and women tinue, could threaten the peace of Europe. of the United States Armed Forces who are to this one section that commends the (2) The Government of Serbia and rep- carrying out their missions in support of armed forces for the excellence that resentatives of the people of Kosovo may peace in the Balkan region, and throughout they are involved in in carrying out agree in Rambouillet, France, to end the the world, with professional excellence, dedi- their mission and their commitment. I conflict in Kosovo. cated patriotism, and exemplary bravery. would, at the appropriate time, ask for (3) President Clinton has promised to de- SEC. 4. LIMITATION. unanimous consent that we allow this ploy approximately 4,000 United States The authorization in section 3 is subject to language to be retained, because I do Armed Forces personnel to Kosovo as part of the limitation that the number of United think, no matter which side of this a North Atlantic Treaty Organization States Armed Forces personnel participating (NATO) peacekeeping operation implement- issue people are on, that they want to in a deployment described in that section express their support and admiration ing a Kosovo peace agreement. may not exceed 15 percent of the total NATO SEC. 3. AUTHORIZATION FOR DEPLOYMENT OF force deployed to Kosovo in the peacekeep- for our troops. UNITED STATES ARMED FORCES TO ing operation described in that section, ex- So I would ask unanimous consent at KOSOVO. cept that such percentage may be exceeded if the appropriate time, or ask the gen- The President is authorized to deploy the President determines that United States tleman to withdraw his point of order United States Armed Forces personnel to forces or United States citizens are in danger so that we can go forward with our Kosovo as part of a NATO peacekeeping op- and notifies Congress of that determination. eration implementing a Kosovo peace agree- amendment. It does not really change ment. POINT OF ORDER the policy or the amendment itself; it The CHAIRMAN. No amendment to Mr. GILMAN. Mr. Chairman, I make is simply, I think, the kind of support the concurrent resolution is in order a point of order against the amend- we have always included in times when except those printed in the portion of ment. we are dealing with foreign policy The CHAIRMAN. The gentleman will issues, and we ought not let jurisdic- the CONGRESSIONAL RECORD designated for that purpose and pro forma amend- state his point of order. tional battles in the Congress preclude Mr. GILMAN. Mr. Chairman, sub- ments for the purpose of debate. us from making a positive statement section 3 of the proposed amendment about the troops. Amendments printed in the RECORD includes language that goes beyond the may be offered only by the Member The CHAIRMAN. Is there any other jurisdiction of the Committee on Inter- who caused it to be printed or his des- Member who wishes to be heard on the national Relations and extends into ignee, and shall be considered read. point of order? The Chairman of the Committee of the jurisdiction of the Committee on The Chair recognizes the gentleman the Whole may postpone a request for a National Security. Additionally, the from New York (Mr. GILMAN). recorded vote on any amendment and subject matter of the amendment is Mr. GILMAN. Mr. Chairman, I want may reduce to a minimum of 5 minutes different from the underlying text. to express support for our forces, as all For both of these reasons, I urge the the time for voting on any postponed of our colleagues do, and as a veteran, Chair to sustain a point of order. question that immediately follows an- I know the sacrifices that our men and other vote, provided that the time for PARLIAMENTARY INQUIRY women are asked to make. voting on the first question shall be a Mr. GEJDENSON. Mr. Chairman, I would support a separate resolution minimum of 15 minutes. parliamentary inquiry. on this matter at an appropriate time, Are there any amendments to the The CHAIRMAN. The gentleman will but I do not think that this is an ap- concurrent resolution? state it. propriate part of this resolution, and I Mr. GEJDENSON. Mr. Chairman, is raise the point of order. AMENDMENT NO. 7 OFFERED BY MR. GEJDENSON The CHAIRMAN. If there are no Mr. GEJDENSON. Mr. Chairman, I it my understanding that the objection other Members who wish to be heard on offer an amendment. relates to the statement that the Con- the point of order, the Chair is ready to The CHAIRMAN. The Clerk will des- gress unequivocally supports the men rule. ignate the amendment. and women of the United States Armed The text of the amendment is as fol- Forces who are carrying out their mis- The gentleman from New York lows: sion in support of peace in the Balkans makes the point of order that the and throughout the world with profes- amendment offered by the gentleman Amendment No. 7 offered by Mr. GEJDEN- from Connecticut is not germane. SON: sional excellence and dedicated patri- Page 2, after line 3, insert the following: otism? The concurrent resolution authorizes (3) Former Senator Robert Dole recently Mr. GILMAN. Mr. Chairman, regular the President to deploy United States traveled to the region to meet with the order. Armed Forces to implement a Kosovo Kosovar Albanians and deliver a message Mr. GEJDENSON. Mr. Chairman, is peace agreement. Its provisions fall ex- from President Clinton encouraging all par- that the section the gentleman is ob- clusively within the jurisdiction of the ties to reach an agreement to end the con- jecting to? Committee on International Relations. flict in Kosovo. (4) Representatives of the Government of The CHAIRMAN. The gentleman will That committee has jurisdiction over Serbia and representatives of the Kosovar suspend. ‘‘intervention abroad’’, which includes Albanians are scheduled to reconvene in If the gentleman has a parliamentary the deployment of armed forces by the France on March 15, 1999. inquiry, or if the gentleman would like President. Conditions, limitations or March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1215 other attributes of such deployment Knollenberg Paul Simpson Tanner Traficant Watt (NC) Kolbe Pease Skeen Tauscher Turner Waxman are within the ambit of ‘‘intervention Kuykendall Peterson (PA) Smith (MI) Taylor (MS) Udall (CO) Weiner abroad.’’ LaHood Petri Smith (NJ) Thompson (CA) Udall (NM) Wexler The amendment offered by the gen- Largent Pickering Smith (TX) Thompson (MS) Velazquez Weygand tleman from Connecticut includes a Latham Pitts Souder Thurman Vento Wise LaTourette Pombo Spence Tierney Visclosky Woolsey provision declaring the support of Con- Lazio Porter Stearns Towns Waters Wynn gress for the armed forces who are car- Leach Portman Stump NOT VOTING—10 rying out their missions in the Balkan Lewis (CA) Pryce (OH) Sununu region. As evidenced by the referral of Lewis (KY) Radanovich Sweeney Becerra John Wu Linder Ramstad Talent Bilbray Mollohan Young (AK) House Resolution 306 in the 104th Con- LoBiondo Regula Tancredo Capps Quinn gress which was considered by the Lucas (OK) Reynolds Tauzin Frost Reyes House, such a provision falls within the Manzullo Riley Taylor (NC) Terry b 1614 jurisdiction of both the Committee on McCollum Rogan McCrery Rogers Thomas Mr. MORAN of Virginia, Ms. Armed Services and the Committee on McHugh Rohrabacher Thornberry International Relations. The sentiment McInnis Ros-Lehtinen Thune LOFGREN, Ms. BERKLEY, and Ms. contained in section 3 of the amend- McIntosh Roukema Tiahrt KAPTUR changed their vote from McKeon Royce Toomey ment is not a condition, limitation or ‘‘aye’’ to ‘‘no.’’ Metcalf Ryan (WI) Upton So the decision of the Chair stands as attribute of the deployment of armed Mica Ryun (KS) Walden forces to Kosovo. Miller (FL) Salmon Walsh the judgment of the Committee. Wamp As noted in section 798a and 798c of Miller, Gary Sanford The result of the vote was announced Moran (KS) Saxton Watkins as above recorded. the House Rules and Manual of the Morella Scarborough Watts (OK) 105th Congress, to be germane, an Myrick Schaffer Weldon (FL) AMENDMENT NO. 5 OFFERED BY MR. GEJDENSON amendment must relate to the same Nethercutt Sensenbrenner Weldon (PA) Mr. GEJDENSON. Mr. Chairman, I Ney Sessions Weller offer an amendment. subject matter and the same jurisdic- Northup Shadegg Whitfield tion as are addressed in the concurrent Norwood Shaw Wicker The CHAIRMAN. The Clerk will des- resolution. The Chair finds that the Nussle Shays Wilson ignate the amendment. Wolf amendment fails both of these long- Ose Sherwood The text of the amendment is as fol- Oxley Shimkus Young (FL) lows: standing tests. Therefore, the Chair Packard Shuster holds that the amendment is not ger- Amendment No. 5 offered by Mr. GEJDEN- mane. Accordingly, the point of order NOES—205 SON: Page 2, after line 3, insert the following: Abercrombie Ford McNulty is sustained. (3) Former Senator Robert Dole recently Mr. GEJDENSON. Mr. Chairman, I Ackerman Frank (MA) Meehan Allen Gejdenson Meek (FL) traveled to the region to meet with the move to appeal the ruling of the Chair. Andrews Gephardt Meeks (NY) Kosovar Albanians and deliver a message The CHAIRMAN. The question is, Baird Gonzalez Menendez from President Clinton encouraging all par- Shall the decision of the Chair stand as Baldacci Goode Millender- ties to reach an agreement to end the con- Baldwin Gordon McDonald flict in Kosovo. the judgment of the Committee? Barcia Green (TX) Miller, George The question was taken; and the (4) Representatives of the Government of Barrett (WI) Gutierrez Minge Serbia and representatives of the Kosovar Bentsen Hall (OH) Mink Chairman announced that the ayes ap- Albanians are scheduled to reconvene in peared to have it. Berkley Hall (TX) Moakley Berman Hastings (FL) Moore France on March 15, 1999. RECORDED VOTE Berry Hill (IN) Moran (VA) Page 2, line 4, strike ‘‘(3)’’ and insert ‘‘(5)’’. Mr. GEJDENSON. Mr. Chairman, I Bishop Hilliard Murtha Page 2, strike line 9 and all that follows Blagojevich Hinchey Nadler and insert the following: demand a recorded vote. Blumenauer Hinojosa Napolitano SEC. 3. DEPLOYMENT OF UNITED STATES ARMED A recorded vote was ordered. Bonior Hoeffel Neal FORCES TO KOSOVO. The vote was taken by electronic de- Borski Holden Oberstar (a) DECLARATION OF POLICY RELATING TO vice, and there were—ayes 218, noes 205, Boswell Holt Obey Boucher Hooley Olver INTERIM AGREEMENT.—The Congress urges not voting 10, as follows: Boyd Hoyer Ortiz the President to continue to take measures [Roll No. 47] Brady (PA) Inslee Owens described in (b) to support the ongoing peace Brown (CA) Jackson (IL) Pallone AYES—218 process relating to Kosovo with the objective Brown (FL) Jackson-Lee Pascrell of reaching a fair and just interim agreement Aderholt Coburn Gillmor Brown (OH) (TX) Pastor between the Serbian Government and the Archer Collins Gilman Capuano Jefferson Payne Armey Combest Goodlatte Cardin Johnson, E. B. Pelosi Kosovar Albanians on the status of Kosovo. Bachus Cook Goodling Carson Jones (OH) Peterson (MN) (b) AUTHORIZATION FOR DEPLOYMENT OF Baker Cooksey Goss Clay Kanjorski Phelps ARMED FORCES.—If a fair and just interim Ballenger Cox Graham Clayton Kaptur Pickett agreement described in subsection (a) is Barr Crane Granger Clement Kennedy Pomeroy reached, the President is authorized to de- Barrett (NE) Cubin Green (WI) Clyburn Kildee Price (NC) ploy United States Armed Forces personnel Bartlett Cunningham Greenwood Condit Kilpatrick Rahall to Kosovo as part of a NATO peacekeeping Barton Davis (VA) Gutknecht Conyers Kind (WI) Rangel Bass Deal Hansen Costello Kleczka Rivers operation implementing such interim agree- Bateman DeLay Hastings (WA) Coyne Klink Rodriguez ment. Bereuter DeMint Hayes Cramer Kucinich Roemer At the end of the resolution, add the fol- Biggert Diaz-Balart Hayworth Crowley LaFalce Rothman lowing new section: Bilirakis Dickey Hefley Cummings Lampson Roybal-Allard SEC. 4. LIMITATION. Bliley Doolittle Herger Danner Lantos Rush The authorization in section 3 is subject to Blunt Dreier Hill (MT) Davis (FL) Larson Sabo Boehlert Duncan Hilleary Davis (IL) Lee Sanchez the limitation that the number of United Boehner Dunn Hobson DeFazio Levin Sanders States Armed Forces personnel participating Bonilla Ehlers Hoekstra DeGette Lewis (GA) Sandlin in a deployment described in that section Bono Ehrlich Horn Delahunt Lipinski Sawyer may not exceed 15 percent of the total NATO Brady (TX) Emerson Hostettler DeLauro Lofgren Schakowsky force deployed to Kosovo in the peacekeep- Bryant English Houghton Deutsch Lowey Scott ing operation described in that section, ex- Burr Everett Hulshof Dicks Lucas (KY) Serrano cept that such percentage may be exceeded if Burton Ewing Hunter Dingell Luther Sherman Buyer Fletcher Hutchinson Dixon Maloney (CT) Shows the President determines that United States Callahan Foley Hyde Doggett Maloney (NY) Sisisky forces or United States citizens are in danger Calvert Forbes Isakson Dooley Markey Skelton and notifies Congress of that determination. Camp Fossella Istook Doyle Martinez Slaughter PARLIAMENTARY INQUIRY Campbell Fowler Jenkins Edwards Mascara Smith (WA) Canady Franks (NJ) Johnson (CT) Engel Matsui Snyder Mr. TRAFICANT. Mr. Chairman, I Cannon Frelinghuysen Johnson, Sam Eshoo McCarthy (MO) Spratt have a parliamentary inquiry. Castle Gallegly Jones (NC) Etheridge McCarthy (NY) Stabenow The CHAIRMAN. The gentleman will Chabot Ganske Kasich Evans McDermott Stark state his parliamentary inquiry. Chambliss Gekas Kelly Farr McGovern Stenholm Chenoweth Gibbons King (NY) Fattah McIntyre Strickland Mr. TRAFICANT. Mr. Chairman, I Coble Gilchrest Kingston Filner McKinney Stupak have a perfecting amendment to the H1216 CONGRESSIONAL RECORD — HOUSE March 11, 1999 Gejdenson amendment or to the Fowler camps across Europe, virtually every States should have and that that in- amendment. It is not a substitute. It is member of his family and every Jewish volvement should be limited to 15 per- in fact an additional section that member of that village, except for a cent of the total troop force assembled would leave the Gejdenson amendment few, were shot to death in a small de- by the NATO forces for this mission in effect. pression in their town. AMENDMENT OFFERED BY MRS. FOWLER TO What would be the process here since A friend of mine, Senator WYDEN’s fa- AMENDMENT NO. 5 OFFERED BY MR. GEJDENSON the Fowler amendment is in fact a sub- ther, found me a letter from a Nazi who Mrs. FOWLER. Mr. Chairman, I offer stitute for Gejdenson? Is it? It is not? witnessed the executions. He said the an amendment to the amendment. The CHAIRMAN. The Chair informs first person he shot was a woman who The Clerk read as follows: the gentleman from Ohio (Mr. TRAFI- had given birth the day before. They Amendment Offered By Mrs. FOWLER to CANT) that the amendment pending is had her stand naked. They shot her and Amendment No. 5 Offered By Mr. GEJDENSON: the amendment offered by the gen- her child and proceeded to shoot every Page 1, strike line 1 and all that follows tleman from Connecticut (Mr. GEJDEN- other member of the village that they through line 9 and insert the following: (1) President Clinton is contemplating the SON). No other amendment or sub- had rounded up. stitute has been offered to the amend- What we do here today is not an aca- introduction of ground elements of the United States Armed Forces to Kosovo as ment offered by the gentleman from demic exercise. It is not simply a func- part of a larger North Atlantic Treaty Orga- Connecticut. The gentleman from Con- tion of parliamentary procedures be- nization (NATO) operation to conduct peace- necticut is entitled to speak for 5 min- tween the executive and the legisla- making or peacekeeping between warring utes on his amendment. tive. This has a real life and death im- parties in Kosovo, and these Armed Forces Mr. TRAFICANT. Mr. Chairman, fur- pact for people on this planet. may be subject to foreign command. ther parliamentary inquiry. We are going to decide whether or (2) Such a deployment, if it were to occur, The CHAIRMAN. The gentleman will not today these negotiations have a would in all likelihood require the commit- state his parliamentary inquiry. chance at succeeding. There is no guar- ment of United States ground forces for a Mr. TRAFICANT. Mr. Chairman, I minimum of 3 years and cost billions of dol- antee they will succeed. There is a lars. will have, then, an amendment, a sec- hope that they will succeed, but there (3) Kosovo, unlike Bosnia, is a province of ondary amendment to the Gejdenson is a guaranteed failure if the House the Republic of Serbia, a sovereign foreign amendment in the form of an addition, shuts off the administration’s abilities state. and I would like to be protected for an to move forward. (4) The deployment of United States opportunity to provide that amend- There is no constitutional demand ground forces to enforce a peace agreement ment. that we vote on this, but we are here between warring parties in a sovereign for- The CHAIRMAN. The Chair cannot by the procedures that have been eign state is not consistent with the prior guarantee recognition of any Member employment of deadly military force by the forced upon us. So having them before United States against either or both of the for the purpose of offering second de- us, we had better vote yes. warring parties in that sovereign foreign gree amendments. The Chair’s job is to We are not asking to assert American state. follow regular order, and that is what forces in a live fire zone. We have had (5) The Secretary of Defense, William the Chair intends to do. on both sides of the aisle broad biparti- Cohen, has opposed the deployment of United The Chair recognizes the gentleman san support to send Americans in States ground forces to Kosovo, as reflected from Connecticut (Mr. GEJDENSON) for harm’s way where many would perish. in his testimony before the Congress on Oc- 5 minutes on his amendment. We are sending the smallest percentage tober 6, 1998. Mr. GEJDENSON. Mr. Chairman, let of Americans in a conflict in my mem- (6) The deployment of United States me first say to my friends that the gen- ground forces to participate in the peace- ory, and the President and the Sec- keeping operation in Bosnia, which has re- tleman from Ohio (Mr. TRAFICANT), retary of State say they only enter if a sulted in the expenditure of more than while he referenced it as a perfecting peace agreement has been signed. $10,000,000,000 by United States taxpayers to amendment, I would say that is a term So whatever my colleagues’ inclina- date, which has already been extended past 2 of the parliamentary procedures. I tions are, whatever my colleagues’ phi- previous withdrawal dates established by the would not see it as an improvement on losophies are about war powers in the administration, and which shows no sign of the underlying amendment. He has a Constitution, that small village in ending in the near future, clearly argues right to offer it, but I disagree with Profonia may be replayed again, and it that the costs and duration of a deployment that. I will just get that out on the to Kosovo for peacekeeping purposes will be will be on our head what happens to much heavier and much longer than initially table. those people. foreseen. Let me tell my colleagues a story Think carefully before one makes (7) The substantial drain on military readi- about my father. My father will turn 87 their final vote today. This is not ness of a deployment to Kosovo would be in- in the next 5 days. Although he never about relationships with the White consistent with the need, recently acknowl- spoke about World War II much, he House, Democrats versus Republicans, edged by the Joint Chiefs of Staff, to reverse told me this one story of a day that those who believe in intervention and the trends which have already severely com- raised his hopes, and then of course nonintervention. This is about whether promised the ability of the United States there was a lot more calamity after we give peace a chance and whether we Armed Forces to carry out the basic Na- tional Military Strategy of the United that day. It was December 7, 1941. have an opportunity to let children States. He was a prisoner in a work camp run grow into adults. (8) The Congress has already indicated its by the Germans, the Nazis in World Mr. Chairman, I yield to the gen- considerable concern about the possible de- War II. He was one of thousands of tleman from Texas (Mr. TURNER), the ployment of United States Armed Forces to Jews across Eastern Europe who had cosponsor of this resolution. Kosovo, as evidenced by section 8115 of the been rounded up. In his small village of Mr. TURNER. Mr. Chairman, it is a Department of Defense Appropriations Act, Profonia, there was about 400 Jews and pleasure to offer this amendment 1999 (Public Law 105–262; 112 Stat. 2327), 400 non-Jews. The Jews were put into a which I think embodies the intent of which sets forth among other things a re- quirement for the President to transmit to labor camp. many Members of this body. This the Congress a report detailing the antici- On that day or shortly after Decem- amendment very clearly states that if pated costs, funding sources, and exit strat- ber 7, he heard that American ships a just and fair interim agreement is egy for any additional United States Armed had been bombed in Pearl Harbor. not reached we will not deploy troops. Forces deployed to Yugoslavia, Albania, or While in this country there was obvi- The President made that very clear Macedonia. ously great anxiety, my father saw as his position on February 4 in a (9) The introduction of United States great hope, because for the first time speech made here in Washington at the Armed Forces into hostilities, or into situa- in the darkness of World War II, he had Baldridge Quality Awards Ceremony. tions where imminent involvement in hos- the vision and hope that America No troops unless there is first an agree- tilities may occur, clearly indicates author- ization by the Congress when such action is would be rapidly in this war and that it ment. We believe this amendment not required for the defense of the United would soon be over. But he was wrong. should be adopted to make that clear. States, its Armed Forces, or its nationals. Before American forces could liber- Secondly, we believe that there is a (10) United States national security inter- ate concentration camps and work limited involvement that the United ests in Kosovo do not rise to a level that March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1217 warrants the introduction of United States much energy as our diplomats and For me, the bottom line is this: ground forces in Kosovo for peacekeeping other officials might appropriately ex- Could I look one of my neighbors in the purposes. pend to accomplish that, we have not eye and tell them, with conviction, Page 1, strike the second amendatory in- sent our troops to those places because that their loved one died in Kosovo in structions and insert the following: Page 1, strike line 8 and all that follows it is not within our power to solve all defense of America’s vital interests? through line 3 on page 2. the world’s problems. The answer is no. I urge Members to Page 2, strike line 4 and all that follows b 1630 vote ‘‘yes’’ on the Fowler-Danner through line 8. amendment. Page 1, line 10, strike ‘‘DEPLOYMENT’’ It does not make sense to me to com- Mr. LANTOS. Mr. Chairman, I rise in and insert ‘‘LIMITATION ON DEPLOY- pound the tragedy in Kosovo by deploy- opposition to the gentlewoman’s MENT’’. ing American troops there and subject- amendment. Page 1, line 14, strike ‘‘described in (b)’’ ing them to hostilities and potential I have visited our troops in Bosnia on and insert ‘‘, subject to the limitation con- casualties. That would be an even tained in subsection (b),’’. several occasions. One of the great mir- greater tragedy. acles of the Bosnia venture is that not Page 2, strike line 1 through line 6 and in- Simply put, while I am willing to one single American soldier has been sert the following: provide other forms of support, includ- (b) LIMITATION.—The President is not au- injured or killed as a result of that par- ing air, intelligence, communications thorized to deploy ground elements of the ticipation, but our presence, along with and logistics support to a European ini- United States Armed Forces to Kosovo as our NATO allies, has prevented the tiative to deploy ground forces to part of a North Atlantic Treaty Organization continuing bloodbath that has inflicted (NATO) operation to implement a peace Kosovo, steps which my amendment that territory. agreement between the Republic of Serbia would permit, I do not believe that our Now, no one is arguing that Amer- and representatives of ethnic Albanians liv- national security interests in Kosovo ican troops should go to war in Kosovo. ing in the province of Kosovo. rise to a level that warrants the com- What we are advocating is a conclusion (c) RULES OF CONSTRUCTION.—Nothing in mitment of U.S. ground troops. this concurrent resolution shall be I am deeply concerned that U.S. of an agreement between the Albanians construed— ground forces are about to be deployed and the Serbs in Kosovo, after which, (1) to prevent United States Armed Forces upon invitation, a 28,000 person force from taking such actions as the Armed on the sovereign territory of a dictator who is essentially being blackmailed to would go to that country to keep the Forces consider necessary for self-defense peace. Of the 28,000 soldiers, 4,000 against an immediate threat emanating accept a NATO military presence. The from the Republic of Serbia; or administration is pressuring Milosevic should be members of our own armed (2) to restrict the authority of the Presi- and the KLA to negotiate by literally forces. dent under the Constitution to protect the holding a gun to their heads. Even if an Kosovo, in a sense, is becoming a sec- lives of United States citizens. agreement on Kosovo is reached, it is a ondary issue in this debate. What we Strike the second line 1 and all that fol- recipe for resentment, not reconcili- are talking about is the survival and lows: ation, and it will be our troops on the the vitality of NATO. As I mentioned Mrs. FOWLER (during the reading). ground in the cross hairs. earlier today, some of us will be in Mr. Chairman, I ask unanimous con- Furthermore, I am deeply concerned Independence, Missouri, tomorrow at sent that the amendment be considered that the administration has not articu- the Truman Library with the ambas- as read and printed in the RECORD. lated an exit strategy and that there sadors and governmental leaders of Po- The CHAIRMAN. Is there objection has been no determination made re- land, the Czech Republic and Hungary, to the request of the gentlewoman garding the cost of the operations or as we invite them to join NATO. They from Florida? the source of funds to pay for it. The will ask the question: Why should they Mr. GEJDENSON. Mr. Chairman, re- administration’s initiative would draw join NATO if NATO is unwilling, upon serving the right to object, we have not the United States further into commit- invitation, to take part in a peacekeep- yet seen the language of this amend- ments in the Balkans that have al- ing mission? ment, and we would like our counsel to ready cost U.S. taxpayers some $10 bil- The gentlewoman is talking about just have a moment. lion. After violating two self-imposed military readiness. What is the mili- The CHAIRMAN. Does the gentleman deadlines for the withdrawal of our tary readiness for if it is not to prevent object to the dispensing of the reading? military forces from Bosnia, the ad- the continuance of bloodshed upon Mr. GEJDENSON. No, Mr. Chairman. ministration today offers no end in reaching an agreement between the Al- The CHAIRMAN. Without objection, sight to our commitment there. banians and the Serbs? the amendment is considered as having I would note that the Congress is al- This debate today in this House been read. ready on record in requiring the admin- makes me awfully glad that some of There was no objection. istration, in Section 8115 of the fiscal my colleagues were not here when the The CHAIRMAN. The gentlewoman year 1999 Defense Appropriations bill, decision was made to participate in the from Florida (Mrs. Fowler) is recog- to provide a report to the Congress on Second World War or the Korean War nized for 5 minutes on her amendment. the national security justification, exit or the Persian Gulf War. Isolationism Mrs. FOWLER. Mr. Chairman, the strategy, cost, source of funds, and is rampant in this body. I repeat that. amendment that I am putting forward other key considerations before the de- Isolationism is rampant in this body. If today with the gentlewoman from Mis- ployment of any additional U.S. forces the Congress of the United States is souri (Ms. DANNER) would make it clear to Yugoslavia, Albania or Macedonia. not prepared to participate in a NATO that the House does not support the de- That is Public Law that we voted on in peacekeeping mission, upon the invita- ployment of United States ground this House and the President signed. tion of the two parties, for goodness forces to Kosovo and would spell out The President has indicated that the sake, what is NATO prepared to do? the reasons why. size of any U.S. ground presence will be What is the purpose of NATO if it is There is no question that the situa- small. The fact is the deployment will not minimally to preserve peace in Eu- tion in Kosovo is a tragedy. My heart last for a minimum of 3 years. It will rope? aches for the people there just as it increase already sky-high military per- I ask my colleagues to reject my col- does for those who are caught in the sonnel deployment rates. It will place a league’s amendment and to accept the midst of the civil war in Sierra Leone, significant additional strain on our responsibility of the one remaining su- the victims of religious strife in Kash- troops and will further compromise the perpower for making a modest con- mir and Indonesia, the hundreds of Nation’s military readiness. tribution, and I underscore it is a mod- thousands suffering from induced fam- For those who have not been out in est contribution, to a NATO effort to ine in North Korea, the masses sub- the field to see our troops firsthand, preserve the peace. jected to suppression of human rights today our military is undermanned, is Our friends in the United Kingdom in China and Cuba, the many who have undertrained, and is underequipped. are ready to send 8,000 people to been violated by enslavement in Sudan. Our service people have had it with Kosovo, twice as many as we are, yet But as much as we would like to see constant deployments, chronic short- the Brits’ population is one-fifth of all of these tragedies resolved and as ages and cannibalized equipment. ours. What do we tell our friends in H1218 CONGRESSIONAL RECORD — HOUSE March 11, 1999 London when they are ready to send mission. Really, however, in Kosovo it fact, we have Members standing up in 8,000 people into that peacekeeping is peace enforcement. There is not our committees insisting that the force; that they should do it all? Well, going to be any peace to be kept be- Kosovars should be acting for inde- they have told us there will not be a cause both these parties, the Govern- pendence. What is that going to do to NATO peacekeeping force unless we ment of Yugoslavia or Serbia and the the stability of Albania, Turkey, Mac- participate. It is only rational that KLA and the Kosovars are being co- edonia and Bulgaria? It is not positive. this minimal participation on the part erced. That peace enforcement mission Mr. Chairman, I thank my colleagues of the United States be approved over- for U.S. ground forces in Kosovo will for listening. whelmingly by this body. exacerbate the detrimental impact Mr. Chairman, this member has yet to be The voices of isolationism have often these missions are having on our mili- convinced that this mission is well-thought-out carried the day in the Congress of the tary readiness to respond to a major or that it is necessary to risk the lives of U.S. United States. I hope to God this will attack against our direct interests. armed forces men and women in another not be one of those days. Mr. Chairman, peacekeeping is whol- country's civil war. This Member is also mind- Mr. BEREUTER. Mr. Chairman, I ly different from war fighting. Military ful of assertions that a civil war in Serbia could move to strike the last word, and I rise units deployed on peacekeeping assign- spread to Macedonia and then bring two in support of the Fowler amendment. ments must undergo extensive training NATO allies into conflictÐGreece and Turkey. I particularly want to claim the right to regain, renew and reestablish their While this might make a case if the conflict to speak after the distinguished gen- fighting skills. Reliance on the U.S. to were occurring in a country adjacent to a tleman from California (Mr. LANTOS), spearhead and to put teeth into peace- NATO ally, Serbia does not meet this criteria. because the gentleman knows perfectly keeping or peace enforcement missions The use of this argument, to deploy U.S. well that this Member is not an isola- is, frankly, eroding the war fighting ca- armed forces to Serbia, is nothing more than tionist, since the gentleman from Cali- pability of the United States armed veiled, highly speculative justification. In this fornia and I were among the two Mem- forces. The ever-increasing number of Member's mind, it is a poor display of leader- bers who probably had more impact on peacekeeping operations threatens to ship for the world's only superpower. The Clin- the President’s decision to have a pre- erode it. And, in fact, I would have to ton Administration is too quick to resort to the ventive force sent into Macedonia, or say that what has been done by moving heavy hand of U.S. military intervention. Just the former Yugoslavian, Republic of this country’s armed forces more and because we can, doesn't mean we should! Macedonia (FYROM), if one prefers, more into peace enforcement activi- While some liken the circumstances leading under United Nations auspices. And, of ties. It is damaging the capability of to our potential involvement in Kosovo as simi- course, this Member voted for deploy- the U.S. military. lar to those that resulted in U.S. troops de- ment of our troops to the Persian Gulf This Member would also mention ploying to Bosnia, this Member disagrees with area for Desert Shield and Desert that frequent and recurring recalls of this assessment. Unlike Bosnia, Kosovo is not Storm because, in fact, one country, a reservists and National Guardsmen to a sovereign nationÐit is a province within the member of the United Nations, invaded support these missions will eventually sovereign nation of Serbia. The Kosovo Lib- another. take its toll on U.S. businesses, Amer- eration Army (KLA) is an armed separatist But I do think the gentlewoman’s ican productivity and personal careers. group that appears focused on a singularly im- amendment is entirely appropriate, Perhaps the Members understand that portant objectiveÐindependence for the ap- and it does not go to totally restricting the gentleman from Washington (Mr. proximately two (2) million ethnic Albanians American involvement in Kosovo. It NETHERCUTT) already has a tax credit living in Kosovo. Kosovar leaders, in Serbia, simply says no ground troops. It does bill introduced to try to assist busi- want independence, not peace. Serbs are led not prevent all kinds of support, such nesses whose National Guard personnel by one man, Slobodan Milosevic, who is ada- as logistical, intelligence or even air and military reservists are abroad all mantly opposed to independence for Kosovo support. the time. That is an understandable and who is willing to militarily oppose the pres- Now, I would like to address the issue concern. I guess we have had about ence of foreign troops in Serbia. With tension of why the Europeans think American 10,000 lawsuits filed now against enter- on both sides, and a history of failed attempts forces should be involved on the ground prises by Guardsmen or reservists who to establish an accord between Serbs and in Kosovo. Our European friends and have not been able, in the eyes of the Kosovars, it is highly likely that the already allies say they cannot act without Guardsmen or the reservists, to be sizeable casualty count will continue to rise. American leadership. As a long-term placed back in the job they left for de- This Member has not been convinced we member of the North Atlantic Assem- ployment or in a comparable job when should risk adding the names of U.S. person- bly from the House, I regularly have they return. Now that should tell us nel to that growing casualty list. heard from our European friends that something. The high tension between KLA and Serb nothing can be done without America. The Administration appears intent to forces, compounded by recent action by the Frankly, this is nonsense. NATO has act independent of Congress to commit Serbs to amass 4,500 heavily armored troops established and has had in place for the troops to Kosovo. This is both uncon- with artillery on the southern Kosovo border last 2 years a concept or procedure stitutional and it is shortsighted. It with the Former Yugoslav Republic of Mac- called Combined Joint Task Forces, jeopardizes the very interests Presi- edonia (FYROM), will turn this into peace-en- CJTF, where, out of area, some mem- dent Clinton has vowed to preserve and forcementÐa police action. This brings back bers of NATO can participate in a mis- protect, placing at risk not only the haunting memories of Korea, Vietnam, and sion, out of area without all of them Balkans but also the U.S. war-fighting Somalia. As history has shown, peace-en- participating. This is an ideal time for capacity. forcement does not lend itself to an exit strat- the CJTF concept to be employed. And I would say that what is happen- egy. Police presence is rarely a temporary sit- I also would note that the press re- ing in Macedonia today, with Serbian uation. In 1995, the Administration indicated ports coming out of the negotiations troops on their border with tanks and that U.S. troops would be home from Bosnia have some of our European friends in- artillery as a result of American and within a year. The fact is that about 6,200 sisting that the administration’s will- coalition threats, certainly does not American military personnel remain deployed ingness to offer several thousand stabilize Macedonia; Certainly does not within Bosnia nearly four years later. The suc- troops is far too small—that several prevent the possibility of Greece and cessful resolution of the crisis in Serbia will times that number are necessary. The Turkey coming in on opposite sides; it guarantee a continuous, long-term U.S. mili- Europeans desperately want to be makes a destabilized Macedonia more tary presence there, as well as in Bosnia. treated as equals but they seem terri- likely. What is happening there today This Member has previously voiced, and still fied to act on their own. While I firmly because of this so-called peace enforce- has, enormous difficulties, for many reasons, support the Alliance, we have to break ment, peace arrangement between Ser- with the proposal to deploy several thousand our friends of their undue reliance on bia and the KLA, or the Kosovars, is U.S. troops as part of a NATO peacekeeping U.S. military superiority. really destabilizing. force for Kosovo. Those reservations have This Member is also concerned about The Kosovars, particularly the KLA, nothing to do with whether Serbian mis- the deployment of more U.S. armed do not have any interest in autonomy. behavior merits punishment. This Member cer- forces on yet another peacekeeping Their interest is independence. And, in tainly does not condone anything the Serbs March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1219 have done recently, or over the past decade, broader conflagration, or even war. It is a pos- comply with our peace agreement that to foment Kosovar unrest. Belgrade has been sibility that must be avoided. we put forward. condescending toward, and abusive of, the There are appropriate places in the Balkans NATO is not at risk. NATO is a de- rights of ethnic Albanians, giving rise to the to deploy U.S. troops: Macedonia, for exam- fensive organization, not an offensive KLA. Yet, Secretary of Defense William Cohen ple. This Member is not convinced, yet, that it organization. We appear to be aggres- correctly has noted that ``the notion that only is appropriate to further tax the U.S. or its sors. I really worry after talking with the Serbs have engaged in atrocities is incor- armed forces by allowing this Administration to our people over there that we are going rect.'' While acknowledging that both sides are risk the lives of U.S. service personnel in Ser- to lose an airplane or two. It may not contributing to the conflict, this member would bia, including Kosovo. be from ground fire but ultimately we quickly point out that the KLA forces were not Ms. DANNER. Mr. Chairman, I move could lose one from engine failure, and the ones to displace nearly 400,000 people, to strike the requisite number of we may. And if that guy gets down in they did not destroy more than 19,000 homes, words. that area, those people are not going to nor did they destroy nearly 500 villages. The Mr. Chairman, I rise today to express be very nice to him. They do not like Serbs accomplished this brutality, now under my strong support of the Fowler-Dan- us over there. the ultimate direction of one individual, ner amendment and in opposition to Yesterday, Secretary of State Mad- Slobodan Milosevic. sending troops to Kosovo. We must al- eleine Albright told the Congress to Despite the precedents set by this Adminis- ways question the wisdom of putting put off today’s debate because it might tration's previous actions, or by previous presi- our military in harm’s way, most par- harm the negotiations. I would tell the dents, President Clinton has avoided the con- ticularly in what is essentially a civil Secretary the reason this debate is nec- stitutional framework for determining whether it war. essary is because the real danger is is of vital national interest to devote a signifi- I would like to share with my col- recklessness with our foreign policy. cant portion of our military capability keeping leagues today a letter I received from a The President is about to put our the peace at two places in the Balkans. Why constituent whose husband and family troops in the middle of an ethnic and is this important? It is important because it are much closer to this situation and religious war that has been going on jeopardizes the continuity of American policy. its ramifications than those of us here for thousands of years. It is a lose-lose Policy set by the Administration acting alone in today. situation for America. We lose because our troops will be deployed to a coun- this case becomes susceptible to change b 1645 upon election of a new president, which will try without a clear mission. Just as in occur in less than 2 years. Congressional ap- I like many of my colleagues have Bosnia, the President has no entry or proval of any American or NATO invasion of also traveled to Bosnia, but let me tell exit plan, he has failed to explain the Kosovo, on the other hand, enables continuity you the story of someone who has cost of the mission, and he has failed to of four foreign policy and use of combat force, served there. explain what effect it will have on the even after the end of the president's term. She writes: already sinking morale of our fighting Last, and far from least, we are on the Congresswoman Danner, I would like to men and women. The President’s con- verge of what this Member considers to be a commend you for your stance on the issue of tinued use of hollow threats of force much more serious breech of peace in the sending troops into Kosovo. You may re- only guarantees that our soldiers will member that Bob was with one of the first Balkans. The People's Republic of China has units to serve in Bosnia. Ten days after we be put in harm’s way and that dic- used its veto power on the U.N. Security were married, he left for 11 months there. At tators will continue to control how our Council to kill extension of the first-ever United the time, I supported it, believing that the foreign policy is run. Despite this, the Nations Preventive Deployment Force troops would be out in a short period of time President continues to state he will (UNPREDEP) in the former Yugoslav Republic and that real peace would be achieved. After send 4,000 U.S. troops to Kosovo if a of Macedonia (FYROM). Continuation of the the experience of spending time in Europe, peace agreement is signed. international peacekeeping presence in Mac- my position has changed. I have watched sol- Mr. Chairman, I fought with our Air edonia (FYROM) has now come into question. diers spending multiple tours in Bosnia away Force in both Korea and Vietnam, and from families. The divorce rate is high, chil- I am opposed to the use of U.S. mili- Yesterday, the distinguished gentleman from dren do not have their fathers and mothers the 12th District in California, the Honorable with them, and families are breaking apart tary force where we are not threatened Tom Lantos, joined this Member in signing a due to the strain. Please work to encourage in this country. I am disturbed that the joint letter to the Secretaries of Defense and your colleagues to think about the ramifica- President would use NATO to attack a State, urging, in the strongest possible terms, tions of sending troops to Kosovo in human sovereign nation. NATO was not de- that a continued U.S. ``preventative'' peace- terms. signed to and should not be used for keeping force remain in Macedonia. It is this Mr. Speaker, we were told that our those purposes. The President knows Member's hope that the Scandinavian forces military commitment to Bosnia would this, and he has continually ignored of UNPREDEP will also remain. last 1 year. We are now approaching the Congress when making decisions Macedonia is surrounded by countriesÐAl- the fourth year. We were told it would that impact our ability to keep peace bania, Bulgaria, Yugoslavia, Greece, and Tur- cost $1 billion. It has now cost $10 bil- throughout the world. Our fighting keyÐthat, themselves, are experiencing inter- lion. Thus, we must have, I think, men and women are being used as nal or external difficulties, or both. Macedonia great concern for any commitment pawns in a failed foreign policy by this is a highly volatile friction point, and it is no with regard to Kosovo. There is no rea- administration. Our soldiers are leav- coincidence that the Macedonian region has son to believe that a mission in Kosovo ing the services in droves. Recruiting is been the starting point for past wars. There- would not drag on indefinitely with a down, morale is low, and the main rea- fore, it is vitally important that the presence of high possibility of American casual- son is failed policies that ship our sol- a stabilization force be maintained. A continu- ties. diers, sailors and airmen around the ation of the U.N. mandate may no longer be I strongly urge my colleagues to sup- world with no purpose or plan. an option, but the U.S. may find it necessary port this amendment. Mr. Chairman, we should not send to expand its force structure in this sovereign Mr. SAM JOHNSON of Texas. Mr. troops, we should not send bombs, we country, where we, legitimately, have been in- Chairman, I move to strike the req- should not get involved. It is a conflict vited, where we have unambiguous national uisite number of words. that is destined to follow the rest to interests because of threats to the integrity of Mr. Chairman, we keep talking about failure. The President ought to think the NATO alliance, and where we absolutely a peace agreement. There is not one. If long and hard before he puts our troops cannot afford an escalation of conflict. Were there were one and our forces were sent in a bottomless pit. He has a respon- Macedonia to become engulfed in ethnic con- in, that is fine. But without a peace sibility to our fighting men and women flict, it is quite possible that Greece and Tur- agreement, we are going to coerce and to this Nation to admit there is no key, two key NATO allies, would become en- those other nations into signing one, defined mission in Kosovo and our gaged on opposing sidesÐand Albania and and I do not think that that is a very troops do not belong there. I know Bulgaria might become involved, too. The po- American way to deal with this prob- that, however, if our fighting men and tential is that instability in Macedonia would lem, not by force . And I do not think women are called to duty, they will go cause the southern Balkans to erupt into yet that we ought to be bombing over there and they will serve with honor as they another conflict, potentially leading to a much in an effort to try to coerce them to always do. But under our Constitution, H1220 CONGRESSIONAL RECORD — HOUSE March 11, 1999 I believe we in the Congress have as unchecked. We have allies, Greece and America needs to quickly change direc- much responsibility as the President Turkey and other allies, that can be tions and leave behind the chilling and we must not ask our soldiers, sail- sucked into a wider Balkan war. But if comedy of errors that has defined our ors and airmen to serve in Kosovo we take steps now along with NATO, recent foreign policy. without a defined mission or national we can prevent all this. Ronald Reagan is a statesman. Dur- interest. I also do not understand some of my ing his administration, the United Mr. ENGEL. Mr. Chairman, I move to colleagues who are always one to have States was the dominant force on the strike the requisite number of words. more money for the defense budget, world’s stage because there was no Mr. Chairman, the other side talks they always fight for more money for mystery to American foreign policy. about all kinds of reasons why the defense but yet they never seem to During that time, America boldly told United States should not send any of want to use the defense. It does not the world that we would bring peace its troops into Kosovo. We know that make sense to me at all. If we are the through strength. Ronald Reagan stood there has been ethnic cleansing. We superpower in the world, and we have a up to the tyranny of communism and know there has been genocide. I was al- strong defense, and we need to beef up said that the American way would tri- ways taught that two wrongs do not our defense, then there are times we umph, but not through conciliation make a right and to me it is ridiculous need to use our defense. This is such a and not through appeasement. The to say, well, there is genocide going on time. We heard when we were debating United States won that Cold War be- in all parts of the world so therefore we Bosnia here in Congress that there cause of the truth of our principles. In should not intervene in any part of the would be hundreds if not thousands of every corner of the world we pushed for world. That does not make sense to me American casualties. That has not hap- freedom and democracy. at all. pened. It will not happen in Kosovo, ei- Oh, how American policy has I rise in opposition to the gentle- ther. The naysayers, the doom and changed since the days of Ronald woman from Florida’s amendment gloom people, it will not happen be- Reagan. Today there is simply no cohe- which in effect guts the gentleman cause our forces are the best. There is sion and no consistent principles that from Connecticut’s amendment. The a mission here, and it is a specific mis- form the basis for everything we do on isolationist attitude that I hear sion here. We are going to Kosovo to any spot of this map of the world. amongst some of my colleagues is in- keep the peace. Mr. Milosevic has American foreign policy is now one deed troubling and puzzling. We have slaughtered hundreds and hundreds and huge big mystery. Simply put, the ad- heard these arguments time and time thousands of Albanians. People there ministration is trying to lead the world and time again. We heard these argu- have no rights. They have no civil with a feel-good foreign policy. This ments during the Second World War rights. They have no human rights. feel-good foreign policy tears us away when 6 million people plus were eth- Men, women and children are slaugh- from peace through strength and it has nically cleansed and the Holocaust was tered. We have seen the carnage. Only resulted in creating chaos through there. I am not saying that this is on the United States leadership can stop weakness. This administration makes the same level, but when innocent peo- it. This is not the time to be isolation- threats and never follows up on them. ple are killed because of their race, or ists. They set deadlines that are broken and ethnicity, we have a right and a duty, I appeal to my colleagues, and again reset, just to be broken again. Amer- I think, to respond. We saw in Bosnia I think this is the wrong time to be de- ican foreign policy failures over the that until the United States grabbed bating this, because there is no peace last 6 years litter the international the bull by the horns, Europe was not agreement. That is just the point. The landscape. Mission-creep in Somalia capable of stopping the carnage, and we gentleman from Texas said there was cost the lives of American soldiers. saw 200,000 people ethnically cleansed no agreement. I think if we pull the North Korea continues to flaunt inter- because of their ethnicity, and we will rug out from under the President and national law by speeding ahead with see it again in Kosovo unless we are say we do not want troops before there their nuclear program with no con- willing to step in. is an agreement, there surely will not sequences whatsoever. Haiti is still not Now, we talk about burdensharing, be an agreement. We should have wait- the beacon of democracy, despite send- and I accept the argument that it is ed until there was an agreement to de- ing U.S. Marines there. Afghanistan not fair to ask us to do the lion’s share. bate this in the United States House of and the Sudan were bombed in the But here we are only proposing 4,000 Representatives. blink of an eye. Yet Osama bin Laden troops out of 28,000. This is the poster I sincerely hope that our colleagues still represents a threat to thousands child for burdensharing. Our NATO al- will understand the gravity of this of American lives. lies are doing the bulk of the troops. issue and support the gentleman from We continuously bomb Iraq, without And for the United States to pull out Connecticut and support the gentleman any clear goals, and without getting now or for this Congress to send a from Texas. No more than 15 percent any closer to our ultimate objective of wrong message now does such harm to United States participation is needed. Saddam Hussein being removed from the negotiations, I think probably de- Mr. DELAY. Mr. Chairman, I move to power. Russia, with its massive nuclear stroys the negotiations, and how many strike the requisite number of words. capability is coming apart at the seams more thousands of people will have to Mr. Chairman, I rise today to voice and selling weapons and technology to be killed until we step in a year or two my complete opposition to sending scrape by, and we do nothing. China is or three years away? Isolationism did American troops to Kosovo. There is walking all over us, pure and simple. not work during World War II, it did simply no vision to this mission. Even Currently we are stuck in a never-end- not work during other wars, and it will the casual observer can see that the ing peacekeeping mission in Bosnia not work now. I can never understand proposed Kosovo initiative has no that was proposed as a 1-year commit- my colleagues who say that somehow timetable, no rules of engagement and ment. That promise was made 4 years people who volunteer for the armed no greater strategic plan for that re- ago. And now we have Kosovo. forces and do not want to go, somehow gion. Unfortunately, the undefined b that is a reason not to send troops. If Kosovo mission is symbolic of the lack 1700 you volunteer, you know you are vol- of direction of our recent American for- Kosovo is not a hopeful nation aspir- unteering, and in the future you know eign policy. There is a 6-year trend to ing to democracy. It is a big dangerous you may have to go. So to me because send American troops anywhere for quagmire. The ethnic Albanians want- somebody wants to be with their fam- any reason, but there are no consistent ed total independence, and the Serbs do ily, I would want to be with my family, goals that tie all of these missions to- not want to give up any important too, but that is not a reason for United gether. parts of their country. Both parties States troops not to do what we need Ronald Reagan once said that chang- have consistently rejected any chance to do, which is in our national interest. ing America’s foreign policy is a little of a real cease-fire. It is in our interest to stop genocide. It like towing an iceberg. You can only Mr. Chairman, American soldiers are is in our interest to stop a wider war pick up speed as the frozen attitudes trained to be warriors, not baby-sit- which will surely happen if we let it go and mistakes of the past melt away. ters. The administration has no plan to March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1221 do anything but just go to Kosovo, hold America has no strategic interests in ment, scope of deployment, objectives the hands of both sides and hope that the matter, and no one wants us to be and all those things in it for an up or they will behave when we leave. But of there in the first place. Support the down vote. course they will not. The killing and gentlewoman from Florida’s amend- That would be the proper way to pro- mayhem will continue as soon as ment. ceed in this matter. NATO pulls out. Mr. DEFAZIO. Mr. Chairman, I move Mr. BEREUTER. Mr. Chairman, will So how long does the President plan to strike the requisite number of the gentleman yield? to keep our troops there any way? No words. Mr. DEFAZIO. I yield to the gen- occupation can or should last forever. Mr. Chairman, I rise in strong sup- tleman from Nebraska. There is a litany of reasons why we port of the underlying amendment, the Mr. BEREUTER. We may come out should not send troops to Kosovo, but Gejdenson amendment limiting the on different sides of this, but I thought the most compelling are the new power U.S. share of the operation 15 percent, the gentleman ought to know that one and responsibilities the mission and in opposition to the second degree of the reasons why we are in this de- unthinkingly gives to NATO. There are amendment. bate from my perspective and I think serious concerns about this new peace I was a bit puzzled by the gentleman from the perspective of many people is making direction for NATO. Its pur- from Texas (Mr. SAM JOHNSON), who that we were told the same sort of pose is always to be a defensive alli- preceded me in the well, who stated thing: Wait until the Dayton accord is ance, not an offensive force. that we were voting on an agreement concluded. This is a very delicate nego- The CHAIRMAN. The time of the that was not yet complete and, there- tiation; do not get involved. But by the gentleman from Texas (Mr. DELAY) has fore, we should vote against it. I share time the signature ended up on the line expired. part of that concern. I wish that the at Dayton, troops were already on the (By unanimous consent, Mr. DELAY leaders of the House had held this de- way, Congress was precluded from ac- was allowed to proceed for 2 additional bate until the agreement was complete. tion, and we were told, ‘‘You must now minutes.) I talked to the White House today. support our men and women, the troops Mr. DELAY. Mr. Chairman, NATO’s They assured me that if an agreement abroad.’’ purpose has always been a defensive al- is reached, and I believe if we vote in Mr. Chairman, that is the reason why liance, not an offensive force going opposition to this resolution an agree- we are at this stage in my judgment. into nonmember nations uninvited. Mr. DEFAZIO. Mr. Chairman, I thank ment will not be reached, that there Once NATO starts meddling in the in- the gentleman for that, but we always would be a minimum, absolute mini- ternal affairs of sovereign nations, reserve the power, and I have come to mum, of 3 days before U.S. troop de- where does it stop? Think about this this floor many times to question pre- ployment could begin. That would give question for a moment. Outside of the cipitous deployment without lawful the House more than ample time. We questions of time and cost and objec- consultation with Congress and with- could stay here this weekend and con- tive, the Kosovo policy we are debating out an authorization of Congress. I duct the Nation’s business with the full here today would have tremendous have gone so far as to sue past Presi- facts of the peace agreement before us ramification on NATO’s overall mis- dents over this issue, but we were de- sion. We have to take a stand against instead of having to vote in the context nied standing in the courts. these kinds of deployments now to en- of are we undermining the peace agree- So in this case, as my colleagues sure that we stop them before they ment that might happen or are we not, know, I believe that we would be given ever get started. which is what we are doing right now that opportunity. We can certainly NATO is starting to resemble a in this debate. grasp that opportunity by staying in power-hungry imperialist army. Origi- There is no one in this House whose town and going into session the mo- nally designed to defend member na- been a stronger proponent for more ment we hear the accords have been tions from attack, it is now setting than a decade of the restoration of the signed, and then framing a resolution itself up to be the attacker. Despite the rightful powers of the Congress when it that properly addresses the concerns fact that the two parties in Kosovo comes to war powers. As my colleagues around those accords. That is the way refuse to negotiate even directly know, there are a few who have been we should proceed. So we are being amongst themselves and have rejected more critical of the lack of participa- given a pretty crummy choice here to- a cease-fire, the administration threat- tion of our wealthy NATO allies in night, which is to undermine the peace ens to bomb the Serbs to make them many things, including their own de- negotiations by voting no or vote yes cooperate at the peace table. fense during the years of threat by the on something when we do not fully ab- There is one major catch here. There Soviet Union. But that said, the timing solutely 100 percent understand the is no peace table, just like there is no of the resolution before us and the de- conditions and terms. peace. The two sides continue to at- bate are very troubling. As my col- Mr. Chairman, I wish that the leader- tack one another with a vengeance. It leagues know, we should not be having ship on the other side would reconsider does not matter how many soldiers a debate on authorizing the use of U.S. perhaps, pull the bill, keep us in town NATO sends over there, no number of troops under not yet totally clear con- and take up this issue when it is more troops can keep peace if there is no ditions while the negotiations are on- timely. peace to begin with. The proposed going. Mr. CUNNINGHAM. Mr. Chairman, I Kosovo mission is just another bad idea Mr. Chairman, I really fear that a no move to strike the requisite number of in a foreign policy with no focus. vote here by the House of Representa- words. As with all the recent failures in tives tonight will embolden Mr. Mr. Chairman, when a member of my American diplomacy, the administra- Milosevic and his genocidal henchmen own party tried to stop COLAs for our tion is trying to obscure its lack of a and keep them from signing an agree- military, the gentlewoman from Flor- comprehensive agenda, and they are ment. Some say we are bullying him. ida (Mrs. FOWLER) was the first one to doing it with bombs. Bombing a sov- Well, someone has got to stand up to jump and say, ‘‘Duke, I’ll support you. ereign nation for ill-defined reasons the bullies in this world, and perhaps it Let’s get a coalition together, and let’s with vague objectives undermines the is time that the United States did. stop it.’’ She cares deeply about our American stature in the world. The On the other hand, a yes vote is prob- military and our troops. international respect and trust for lematic in that we do not have the I have an article right here that they America has diminished every time we final agreement before us. The gen- started fighting last night again in casually let the bombs fly. We must tleman spoke the truth. What should Kosovo. They are burning houses, they stop giving the appearance that our happen is we should stay in town. If an are burning bridges. foreign policy is formulated by the agreement is signed on Saturday, we I rise in support of the gentle- Unabomber. can meet on Saturday, we can meet on woman’s resolution. Do my colleagues Mr. Chairman, sending U.S. troops to Sunday, we can meet on Monday, and know who rejected it? Not the Serbs. Kosovo is a lose-lose situation. No mat- then we can consider a proper author- Holbrooke, Mr. Holbrooke, had to can- ter how we look at it, it is dangerous, ization which could have conditions on cel the peace talks last night. He can- it is costly. length, duration, size of the deploy- celed them until the 23rd because the H1222 CONGRESSIONAL RECORD — HOUSE March 11, 1999 Albanians rejected it. They will stop My colleague talked about not under- [From the New York Times, Nov. 6, 1998] nothing short of having a separate standing the gentleman from Texas FAR FROM KOSOVO, ANGUISHED VIGILS AND Kosovo. They do not want just Kosovo. (Mr. SAM JOHNSON). I do not expect my MOURNING; CONCERN FOR FAMILY MEMBERS ESHAPES MMIGRANTS IVES They want Montenegro, and they want colleague would. He was a POW for 61⁄2 R I ’ L parts of Greece. years, and he was a war hero. He was (By Barbara Stewart) I said on the floor before, ‘‘Look at tortured, he was shot down in Vietnam, Nearly every week, all summer long, Ismer Bin Laden, look at the terrorist leaders and he knows what it is to put our kids Mjeku, a Bronx entrepreneur from Kosovo, speaking openly and how they then fil- in harm’s way instead of sitting here in attended at least one wake, as one Albanian trated around Itzebegovic in Bosnia, a soft, cushy chair saying, ‘‘Let’s send compatriot after another learned of relatives back home killed by Serbian soldiers. By 12,000 mujahedin in Hamas. That is a them.’’ threat to Europe, it is a threat to late August, it was practically routine. He Mr. CROWLEY. Mr. Chairman, I would meet his uncle and cousins at one of Greece, and it is a threat to this coun- the small, dim clubhouses where Albanian try. Bin Laden, active in Albania with move to strike the requisite number of words. men sit, smoking cigarettes and drinking the KLA; they have genocided tiny cups of sweet Turkish coffee and where Montenegrins, Serbs, gypsies and Jews Mr. Chairman, I rise in strong sup- traditionally, they have also held wakes. recently, and they continue to do that. port of the Gejdenson amendment. I For the last few months, these spaces have They have been fighting for 500 years. support the gentleman from Connecti- been rented time and again by immigrant Al- As my colleagues know, the gen- cut’s amendment, but I have strong banian men, who would spend a day or two of tleman talked about some of us fight reservations, strong reservations of the mourning there. While the women remained for defense dollars. Absolutely right. Republican leadership’s timing on this home, receiving the condolences of their fe- male friends, the men would spend the day at Look at the emergency state that our legislation. Bringing this measure to national security is in right now. The the club in a ritual called pame, ‘‘to see,’’ or the floor for debate while negotiations ngushellime, ‘‘condolences.’’ President has not asked for one dime are still underway is totally irrespon- By Labor Day, Mr. Mjeku, 38, had attended that our defense are going down, and sible. 10 or 11 pamet within 9 weeks. Like the oth- helping building the roads and working Mr. Chairman, if and when a peace ers in his group, he shook the hands or our DOD and other agencies. In Hon- hugged the shoulders of each grieving man, duras, millions of dollars, and I support agreement is signed by both sides, I be- sat and drank a single cup of coffee and them doing that. I mean they have lieve an American presence as part of a smoked one cigarette, rose and offered his made a marvelous expansion down larger international peacekeeping force condolences to each man again, and then there in helping people in poverty. But in Kosovo is and will be necessary. left, making room for the next group. when we look at Haiti, as my col- But a few weeks ago, after the older cousin b who had been a second father to him was leagues know, we are still spending $25 1715 shot and killed in his home village, Mr. million a year there building schools The Kosovar Albanians have already Mjeku refused to hold a pame. ‘‘We cannot and bridges. That comes out of the de- keep doing these one by one,’’ he said in his fense dollar. In Somalia, billions of dol- made clear that they will not agree to small walk-up office on Arthur Avenue in lars. And look what four times going to any peace proposal without American the Belmont section of the Bronx, where he Iraq, the billions of dollars. In the participation in an implementation produces an Albanian business directory. Sudan, a billion dollars did not do very force. ‘‘So many people died in Kosovo the last much. Knocked out a pharmaceutical In addition, we have seen that the three months. It’s not special, each death. plant. But all of these things come out threat of force is the only language It’s not—wow. It’s war.’’ of that defense dollar, and what has For many of the approximately 200,000 Al- that President Milosevic understands. banians in and around New York and New that set us back to? A strong U.S. presence in Kosova would Jersey—70 percent of whom come from Our kids, our men and women in the demonstrate to Mr. Milosevic that we Kosovo, a Serbian province of Yugoslavia in military, we are keeping only 23 per- would not tolerate noncompliance with which 90 percent of the population are ethnic cent of them because our deployments any of the agreements, provisions or a Albanians—death is no longer special. After exceed by 300 percent the deployments return to the brutal campaign of re- eight months of Serbian attacks on their rel- during the height of Vietnam, and yet pression and genocide that he has atives in Kosovo, even the deaths of children we are going to ask only 4000 of them. have become numbingly routine. brought upon the ethnic Albanian com- Yet the deaths back home have reshaped Do my colleagues know the families munity. and what they are going through right the lives of immigrants here, making them Mr. Chairman, while our NATO allies less festive, less social: gone are the big wed- now? We are keeping only 30 percent of dings, the nights of folk dancing, the gay our pilots. The number one issue is have already pledged to provide the bulk of a post settlement force in music. family separation. We are driving our ‘‘When I hear Albanian music, it hurts military into the ground in a very bal- Kosovo, we must recognize that some me,’’ said Al Haxhaj, an Albanian who is a anced budget amount that we allow, U.S. participation is not only desired co-owner of the Mona Lisa, a restaurant in and then we take 16, not 8 billion, 16 but is expected by our allies. Quite the Murry Hill section of Manhattan that billion, if we take the cost of bringing simply, such participation may be es- was formerly called the Piazza Bella. ‘‘It re- minds me.’’ on the reserves and we take the other sential to securing the confidence of all the parties involved. Since the first Serbian attacks were re- costs associated with going, 16 billion ported in February, Albanians around the just for Bosnia, and that does not in- Mr. Chairman, I have a strong and vi- world have watched events back home with clude next year. That all comes out of brant Albanian and American commu- anguish: the looted and torched villages, the defense, and then again we are going to nity in my district in the Bronx and murdered civilians, the hundreds of thou- have to go in here. Queens. Many of these families have sands of people forced to take refuge in the And they were talking about giving a relatives in Kosovo who have been surrounding mountains. The violence peaked billion dollars to Russia to stop some raped, maimed and murdered by Ser- in the summer, with 500,000 Albanians living nuclear weapons. Well, let Europe. My bian forces. as refugees, according to international relief agencies. These agencies also say that 1,000 colleagues say Europe had not done it. The United States, and we as a Con- to 2,000 ethnic Albanians have been killed, Leadership would force Europe to pay gress, cannot turn our backs or jeop- though many agency representatives say their fair share and do what we are try- ardize the peace process in Kosovo. they believe that figure is low. ing to do. Russia has offered to put Reports last week that Yugoslav soldiers more troops in there. KLA did not want While I strongly support an Amer- were withdrawing from ethnic Albanian vil- that. Well, the hell with the KLA. Let ican presence in an international im- lages because of NATO bombing threats of- the Europeans, France, run by a So- plementation of force, I believe to de- fered scant comfort. Local immigrants say cialist-Communist group when they bate this issue at this time is both irre- they do not believe that the Serbians, their took over the conservatives’ coalition, sponsible and damaging to our ability ancient enemies, will stop their attacks. to conclude a peaceful agreement. All along Arthur Avenue and Pelham and they refused to do their part, let Parkway in the Bronx, in New Jersey cities them go in and do it, and let us not Mr. Chairman, I include for the like Paterson and Garfield and in neighbor- send our men and women in harm’s RECORD the following New York Times hoods throughout Manhattan, ethnic Alba- way. article. nians are trying to deal with their personal March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1223 tragedies in the midst of this international to get through. Mr. Hajrizi last reached his about the rules of engagement and too drama. family after spending 10 straight hours dial- many questions about a successful exit Weddings and other celebrations are being ing, and then persuading the person who an- strategy. canceled. When their world is right, Alba- swered to hike over to his parents’ campsite Mr. Chairman, our Armed Forces are nians frequently celebrate with huge parties, to deliver the phone. hiring Albanian musicians so that hundreds When he finally hear his 74-year-old moth- stretched very thin across the globe in of guests can do traditional folk dancing er’s voice, she told him that their home and a multitude of deployments. We should until morning. But nobody has the heart now their village had been looted and burned. be very, very careful before we commit for celebrating. They had no food or shelter. She begged for to another one. Last fall, the Piazza Bella hired an Alba- help. ‘‘Why is it like this?’’ she asked, as her This past weekend, 44 Haitians nian band to play traditional music, attract- son listened helplessly. drowned at sea in an attempt to come ing expatriates from miles around. In Feb- That was two weeks ago. Since then, he ruary, after the first massacres were re- to Florida, to the United States of has not been able to get through despite try- America. Once again, we have problems ported, Mr. Haxhaj and Bilbil Ahmetaj, the ing every day. They must have returned to co-owners, stopped the music. the village and are trying to cobble together in Haiti but nobody is addressing it. ‘‘We can’t be over here dancing and getting shelter there, he tells himself. Cuba shot down two Brothers to the drunk when little kids are being killed and ‘‘I check the Internet constantly,’’ he said. Rescue aircraft, and now we are send- villages are being trashed,’’ said Fekrim ‘‘I haven’t seen their names on the lists. As ing a baseball team to promote peace Haxhaj, the owner’s 18-year-old son. long as they don’t show up on the lists, they In normal times, the vast majority of the and prosperity in Cuba. probably are O.K.’’ big wedding parties at Il Galletto, a banquet The gentleman from Texas (Mr. SAM hall in North Bergen, N.J., are held by Alba- Mr. FOLEY. Mr. Chairman, I move to JOHNSON) and the gentleman from Cali- nian parents, said Vymer Bruncaj, who is a strike the requisite number of words. fornia (Mr. CUNNINGHAM) spoke on this part owner. But lately, he said: ‘‘The wed- Mr. Chairman, I rise in strong sup- floor and these two gentlemen, Mem- ding invitation for Albanians is zero—no in- port of the amendment by the gentle- bers of Congress, have the right to vitations. The last five, six months, you can- woman from Florida (Mrs. FOWLER). speak about the deployment of our not find one.’’ Obviously, she does not come to this Young couples are postponing their wed- troops in conflict because they them- dings or marrying quietly, with fewer guests issue as a casual observer. In fact, she selves have represented this great Na- and afternoon parties without music. Last represents Mayport Naval Station, tion in combat. They speak with au- spring, Alta Haxhaj, Fekrim’s cousin, can- which is often the first to deploy forces thority and I respect their views. celed the elaborate wedding for 1,000 guests in times of conflict. The December bombing of Iraq oc- that she had been planning for a year. In- I join her in opposition to sending curred and the Administration told us stead, she and here fiance married quietly, in American ground forces to the wartorn it had to be done because Ramadan, the street clothes. ‘‘No big pouf,’’ she said. ‘‘No province of Kosovo. I would remind my Muslim holy month, was fast approach- tail behind me, no white pearls.’’ When ethnic Albanians get together these colleagues that four years ago the ing. They said we must attack now be- days, it is probably for a candlelight vigil President sent thousands of American cause if we don’t, it would create an outside the United Nations or the White troops to Bosnia for what he assured us international incident. House. Conversation never strays far from would be a 1-year mission. What about Hanukkah, which was their worries. At home and in offices, the I underscore the comments of the being celebrated at the time of our computer stays on; the Web site gentleman from Nebraska who was bombing in Iraq? www.kosova.com carries updates on news quite concerned that while we were ne- So I would suggest to the Congress from the region in Albanian and lists the gotiating a peace agreement at that that we carefully consider the amend- most recent victims. (Kosova is the ethnic Albanians’ preferred spelling.) time of the Dayton Accords, American ment of the gentlewoman from Jack- Mr. Mjeku, the Bronx businessman, checks troops were deployed in Bosnia. There sonville, Florida (Mrs. FOWLER) and the Internet when he gets to work. On Sept. was no way to recall them because we that we support it before we become 30, he spotted his cousin’s name on the list of were told by the Administration to engaged, before we are drawn into an- casualties. ‘‘I closed the office,’’ he said. ‘‘I support the troops because they are al- other conflict with no end in sight. told my uncle in Riverdale. He started to ready over there. Mr. OLVER. Mr. Chairman, I move to cry. I felt very bad.’’ Now, a month later, Mr. Mjeku said he was We are again falling into the same strike the requisite number of words. having a hard time focusing on his work. His trap. Four years have passed and our Mr. Chairman, I rise in opposition to mind is occupied by memories of his cousin. troops are still over there. It has be- the amendment by the gentlewoman While the Internet brings daily updates, come a mission with no end in sight. from Florida (Mrs. FOWLER). Barely 11 many Albanian-Americans have been able to If we send troops to Kosovo, I fear years ago, Slobodan Milosevic seized reach family members in Kosovo through the same thing will happen again, an power in what was then Yugoslavia, satellite cell phones that allow them to con- open-ended commitment of thousands and he remains today the last old line, nect even with refugees in the mountains. The conversations have often been eerie. A of young American soldiers to yet an- unrepentant Communist dictator in few months ago, Dervish Ukehaxhaj was other bloody conflict in the Balkans. Europe. summoned from the kitchen of the Madonia The President wants to send 4,000 Just 10 years ago, in March of 1989, Brothers Bakery in the Bronx, which he American troops to Kosovo if a peace using tactics that would have made Jo- manages, to the office downstairs, where plan is agreed to by the two warring seph Stalin proud, Milosevic sur- Peter Madonia, the owner, handed him a factions. Of course, we were all rounded the elected assembly of phone. sickened by atrocities that have been Kosovo with Yugoslav Army tanks and ‘‘It was his brother in Kosova, and he was committed by both sides in this war. secret police and forced that elected in the middle of shooting.’’ Mr. Madonia said. ‘‘He’s sitting here in this office, talking However, we cannot put our troops in body at gunpoint to renounce the au- to his brother who is in the front lines, in the middle of a conflict where the rules tonomy that was guaranteed to Kosovo the middle of a war.’’ of engagement are ambiguous. by the Constitution of Yugoslavia. In July, there were other calls. One broth- If American forces go to Kosovo, they Milosevic did not even bother to er and two cousins had been fatally shot. will very likely end up in combat situa- change the Constitution. The Kosovan Liberation Army, with the tions. I think we should remember 1993, In rapid succession, all ethnic Alba- help of European expatriates, obtained doz- ens of powerful cell phones and distributed the disaster in Somalia where 18 U.S. nian public employees were dismissed them to the villages, according to Isuf Army rangers were killed tracking from their jobs, 100,000 of them. The Al- Hajrizi, managing editor of Illyria, and Alba- down a Somalian warlord. These lives banian language was proscribed for nian newspaper based in the Bronx. When were lost because the Administration public purposes. The Albanian schools Mr. Hajrizi’s parents, along with about 40 placed those forces under international and the university were closed and sys- other relatives in the village, climbed high command and refused to provide the tematic repression of the ethnic Alba- into the mountains above the village to es- heavy armor and air support that nians began. cape Serbian soldiers, they carried the cell would have given our forces the upper Remember that ethnic Albanians phone with them. ‘‘They had no food,’’ he were already a majority of the citizens said. ‘‘But they had that phone—their only hand in combat. link to life.’’ Mr. Chairman, too many questions of Kosovo when Yugoslavia was freed But with only one cell phone for at least exist as to how our troops will be de- after World War II, and now are more 1,000 refugees, it can take hours, or even days ployed. There are too many questions than 90 percent of that population. H1224 CONGRESSIONAL RECORD — HOUSE March 11, 1999 Then the Milosevic regime was dis- I think that the underlying resolu- Those amendments are printed. I tracted in 1991 and 1992 by its attacks tion, H.Con.Res. 42 that we are talking urge that my colleagues look at them upon two other U.N. members, namely about cannot be supported in its and in the meantime I urge a no vote Croatia and Bosnia, that led, as we present form because it is essentially a on the Fowler amendment. know, to 200,000 deaths and 2 million blank check that grants the Clinton Mr. TAYLOR of Mississippi. Mr. refugees that have been spread all over administration authorization to send Chairman, I move to strike the req- Europe. troops to Kosovo without any limita- uisite number of words. It is in that context that President tions or restrictions. I think that is Mr. Chairman, I want to commend George Bush, on December 27, 1992, much too broad. my colleague from Florida (Mr. GOSS) warned Milosevic that the U.S. would The Fowler amendment, on the other for his well thought out, articulate act if he attacked Kosovo in a similar hand, would go to the opposite end of view on this. I want to tell him that I way. I quote from the letter that Presi- the spectrum denying the administra- am in total agreement. dent Bush delivered to Milosevic, tion the authority to send troops under b 1730 quote, in the event of conflict in nearly all but the most dire cir- I urge my colleagues to vote against Kosovo caused by Serbian action, the cumstances. both the Gejdenson amendment and United States will be prepared to em- While the President is the primary the Fowler amendment for all the rea- ploy military force against the Serbs in architect of American foreign policy, sons that the gentleman articulated. Kosovo and in Serbia proper, and it was and we all understand that, Congress I think the Gejdenson amendment that policy that President Clinton has nevertheless has very important obli- would have us rush into something been following and reiterated, re- gations in this area, most notably that has yet to have been written. The affirmed in 1993 and has been following. oversight, overseeing the deployment Fowler amendment would have us con- In that context, the then minority of our troops. That is one of the rea- demn it. I do not think that is a very leader, later majority leader and Re- sons we are here. We do this on behalf adult thing to do. publican candidate for President, Rob- of the people we represent back home. Mr. Chairman, I would urge my col- ert Dole, has always supported the Finding the right balance is never leagues to give strong consideration to strongest possible action, American ac- easy, as we know, but I do believe that an amendment by the ranking minor- tion, to contain Milosevic’s regime. the people in my district feel that we ity member on the House Committee In Kosovo, Milosevic used his army should seek something that is more on National Security, the gentleman and secret police under a renewed rein akin to a middle ground solution to ei- from Missouri (Mr. SKELTON). I think it of terror to impose thousands of arbi- ther the underlying resolution or the gives us the best of all of these worlds. trary arrests, beatings and Fowler amendment. It says to those of us, including myself, extrajudicial killings on ethnic Alba- The Clinton administration is intent who are reluctant to commit troops, nians. We should remember that just on deploying U.S. troops to Kosovo and Mr. President, you cannot send troops last October, Milosevic signed agree- maintains that it does not require con- right now. It gives those of us who ments in regard to Kosovo and because gressional approval to do so. In re- would like to see the details of the there were no enforcement provisions sponse, I believe Congress should be peace agreement the opportunity to there has violated every provision of careful not to deal itself out of the wait until it is written, wait until it is those agreements signed only four process altogether, and I think this de- brought before this body, wait until months or so ago. bate has been useful and is going to be our Supreme Allied Commander, Gen- All told, at least 2,000 have been in- more constructive as we go along. eral Wesley Clark, can come to Wash- discriminately killed, men, women, Many members are concerned about ington and explain our concerns about aged, children, baby in arms and in the the administration’s plan and are not the safety of the troops, what our mis- womb and at least 400,000 driven from satisfied with standing on the side- sion is, how much it is going to cost, their homes. For all those reasons, the lines, which is the practical effect of and yes, how long we are going to be contact powers have agreed to a NATO both the resolution that underlies there. Then and only then it calls on effort to establish an enforceable peace H.Con.Res. 42 and the Fowler amend- Congress to vote on it. in Kosovo, and if this NATO effort is ment. It is either yes or no. I applaud my colleagues who say that subverted, and the amendment by the I believe that it is incumbent on Con- yes, it is time that Congress finally gentlewoman from Florida (Mrs. gress to seize this opportunity to offer starts fulfilling our duties as given to FOWLER) clearly subverts the effort to constructive input and to put into us by the Founding Fathers in Article impose a peace in Kosovo, then later place reasonable requirements before I, Section 8, where it says we must de- this spring this Congress will have con- our troops are committed. Rather than cide where and when young Americans tributed to the creation of hundreds of providing a blank check or obstructing are put in harm’s way. We have let thousands of more refugees and to the the way altogether, Congress should re- both Democratic and Republican Presi- deaths of a whole new cadre of victims quire an explicit statement of the na- dents walk all over us. We have failed of the national socialist regime of tional interests involved, the rules of in our duties. Slobodan Milosevic. engagement, for example, for our So I applaud those of my colleagues Milosevic’s right-hand deputy, Presi- troops; the cost of the mission, for ex- who say, let us do our job. I also want dent Seselj, has already told the Yugo- ample, of interest to our taxpayers; as to applaud the people, including the slav parliament that they will drive all well as the entry strategy, the exit troops who went to Bosnia, who showed of the ethnic Albanians, citizens of strategy, the amount of protection pro- me that I was wrong when I opposed Yugoslavia, from Kosovo. vided to make sure our forces will be as our intervention there. It was not a I implore this Congress not to make safe as possible; those kinds of ques- general, it was not an admiral, it was this great United States of America tions. not a bureaucrat, and it was not a complicit, complicit in these deaths, As the debate progresses, I anticipate State Department official that showed and creating these refugees and in aid- there will be a series of amendments to me that I was wrong, it was an 18-year- ing in Milosevic’s brutal campaign of do just those kinds of things. I am old kid from Ocean Springs, Mis- ethnic cleansing. going to oppose, somewhat reluctantly, sissippi. When I went over there with a Mr. GOSS. Mr. Chairman, I rise to the Fowler amendment because I think notebook looking for kids to tell me strike the requisite number of words. there is a better way to achieve proper why we should not be there and how Mr. Chairman, I rise regrettably op- accountability from the President stupid it was, and a young man by the posed to the amendment, the well- about using our troops in Kosovo. name of Rhodes who might have been crafted amendment from my good I urge my colleagues to understand all of a corporal, I said, should we be friend and colleague, the gentlewoman that there are good choices between here? And I was shocked when he said from Florida (Mrs. FOWLER). It is a the carte blanche of the underlying yes. I said, why? Fresh out of high good amendment and has led to good H.Con.Res. 42 and the no deployment school, he says, Because I am keeping debate, but I have a different view of proposal by the gentlewoman from women from getting raped, I am keep- this situation. Florida (Mrs. FOWLER). ing little kids from getting tortured, I March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1225 am keeping old men from being mur- Mr. Chairman, if we are to prevail KLA. They tell us nothing about the support of dered just because of their religion. under the rule of law, the President Islamic radicals like the Osama bin Ladin net- That is why I joined the army, to be a must obey the law, like everyone else, work, which, with other radical forces, is well- good guy. and certainly in this situation that established in the KLA's staging area in north- Folks, I was dumbfounded. That mis- could get us into a quagmire that we ern Albania and is promising to strike at Amer- sion has never been articulated better may never get out of. icans wherever they are found. by anyone anywhere and to Corporal The administration policy absolutely Do we need to put Americans down in a Rhodes, wherever you are, God bless goes against the fundamentals of con- place where they'll be convenient targets for you for saying it, and to his parents, stitutional government and the rule of terrorism? God bless you for bringing such a kid law. On February 10, for instance, in Putting American troops into this quagmire, into this world. testimony before the Committee on where we have no legitimate interests, is a Folks, this is the only rational way International Relations, Thomas Pick- dangerous and needless risk to American per- to go about this. Let us do our job. Mr. ering, who is the Under Secretary of sonnel. Kosovo is not America's fight. President, you have no authority to State for Political Affairs, confirmed The Congress should reject any measure send troops; therefore, you cannot. Mr. that Kosovo is sovereign territory of that is retrospect will be seen as a blank President, bring us a proposal that we Serbia, and that attacking the Serbs check for Bill ClintonÐa Gulf of Tonkin Reso- can read, take a look at, and then yes, because they will not consent to for- lution for the Balkans. Mr. President, we owe you the respect eign occupation of a part of their terri- Mr. POMEROY. Mr. Chairman, I of at least looking at it and then vot- tory would be an act of war. An act of move to strike the requisite number of ing on it. war, Mr. Chairman. words. I urge my colleagues to reject the The Constitution of the United Mr. Chairman, at the outset, I want Fowler amendment, I urge my col- States gives sole power to declare war to commend my colleague, the gen- leagues to reject the Gejdenson amend- to the Congress, not to the President. tleman from Mississippi (Mr. TAYLOR) for very well articulated remarks. I ment, but I rise in very strong support Nothing in the laws or the Constitu- come to a slightly different conclusion. of the very rational position brought to tion of the United States suggests that I rise to speak in favor of the Gejden- us by the gentleman from Missouri a determination by the United Nations son amendment and in opposition to (Mr. SKELTON). Security Council or by the North At- Mrs. CHENOWETH. Mr. Chairman, I lantic Council is a substitute for our the Fowler amendment. First, let me speak to the alternative move to strike the requisite number of country’s laws. The mission in Kosovo amendment advanced by the gentle- words. intended by this administration is con- woman from Florida (Mrs. FOWLER). I Mr. Chairman, I rise in strong opposi- trary to the principle of national sov- believe that it is extremely ill-advised tion to the argument that the United ereignty and is a major step towards of this House to be debating this reso- States should become militarily in- global authority. The United States lution at all. We are debating involve- volved in Kosovo at all, and I support and NATO are demanding that a sov- ment in a peace agreement that has the Fowler amendment. For an admin- ereign state consent to foreign occupa- yet to be finalized, so it is not timely istration that places so much stock in tion of its territory, or be bombed if it right from the outset. political polls, I wonder if the Presi- refuses. This distinction should be a key one for all Americans concerned To even try and interject this House dent does not find it ironic that most into the negotiations underway by Americans cannot even find Kosovo on about the threat of the growing power of international institutions and what placing proscriptions on what the nego- the map. Not only that, but most tiators might come up with is, in my Americans could not articulate one they present to national sovereignty. What kind of precedent are we going opinion, the direct intervention of this reason why we should send other Amer- House into the formulation of foreign icans to risk and very possibly lose to set with this action? What country are we claiming the right to attack policy, something placed in the execu- their lives. tive branch under the Constitution for What is the vital interest over there next if we determine that its behavior does not rise to some international very good reasons. We are not con- which is being advanced by our getting stituted as individual representatives involved in the middle of this dispute? standard? Should we attack Turkey to protect the Kurds? China, to protect representing this country to try and We have not heard a clear answer to steer negotiations even as they unfold. this question. Yet, President Clinton Tibet or Taiwan? Sri Lanka to protect the Tamils, India to protect the Mus- Senator Dole, certainly someone who has made very clear what his intention knows the legislative process as well as is. He intends to intervene in Kosovo lims in Kashmir? I think not, Mr. Chairman. any American, advised the Committee with an open-ended occupation force, Do all of the Members of the House on International Relations yesterday perhaps preceded by air strikes. fully appreciate the complicated quag- that the time for congressional in- We have absolutely forgotten the mire of Kosovo? The history of Kosovo volvement in these matters is after the rules of engagement that were laid out with its competing claims of Albanians agreements themselves have been in the War Powers Act. We do not have and Serbs is at least as tangled as that reached. Let us look at what the Presi- an exit strategy. He has made it clear of Bosnia, and both groups are passion- dent might bring back, evaluated and that he does not think he needs con- ately attached to their irreconcilable debated at that time, but not before. gressional authorization for this mis- differences of what is right and wrong, I favor the Gejdenson amendment, sion. Well, I think, as my colleague, in their view. because in the absence of orderly con- the gentleman from Mississippi (Mr. The administration and its support- sideration of this matter, it is appro- TAYLOR) just articulated, in the Con- ers tell us all about the sufferings of priate, I think, that we not extend a stitution, Article I, Section 8, it clear- the Albanians under the Milosevic re- blank check, but rather a measured au- ly states that it is the Congress that gime, and those should not be mini- thorization, and that is the Gejdenson shall raise up armies and declare war. mized, and I concur and identify with amendment before us. It would encour- In the War Powers Act, presidential ex- their argument there. But they also age a conclusion of the peace process ecutive powers are defined with the tell us almost nothing about the at- and authorize a NATO force with U.S. ability for the President to deploy tacks committed by the Kosovo Libera- involvement of up to 15 percent. That troops without congressional authority tion Army against Serbian civilians is clearly a minor supporting role in only when there has been a declaration and against moderate Albanians as this process, but an essential one, in of war, a specific statutory authoriza- well. They tell us nothing about the light of the standing of the United tion, or, and this is very important, ethnic cleansing of Christian Serbs by States of America in the world today. Mr. Chairman, a national emergency radical Albanian Muslims under the To try and absolutely foreclose any created by attack upon the United Turks, Nazis and Communists alike. participation by the United States in a States, its territories, its possessions, Mr. Chairman, this is a dangerous peacekeeping force that might be or its armed forces. The situation in step that we must not take. agreed to under the agreement, should Kosovo certainly does not match statu- They tell us nothing about the drug-traffick- an agreement be reached, would I be- tory authority. ing and other criminal activity that funds the lieve give great comfort to those who H1226 CONGRESSIONAL RECORD — HOUSE March 11, 1999 are the enemies of peace in this region, So I am going to support the base patriotic folks who have gotten up and and who want no peace agreement. resolution. All of the dangers that we spoken about going into Kosovo, and I All of us are involved in our legisla- see and all of the problems with this am going to vote to go into Kosovo, to tive responsibilities in negotiations, deployment or with the nondeployment really support our troops. I am going and we know that negotiations are, in are things that we really cannot do to give the gentleman from Connecti- large part, about leverage. Why would much about. We cannot change the sit- cut (Mr. GEJDENSON) a substitute we want to give Slobodan Milosevic, a uation, the political situation, in amendment that says, let us support perpetrator of unspeakable horrors in Kosovo. We cannot change the military them with a pay raise, with new equip- this region, the leverage at this time in offsets. We can do something by par- ment, by building military construc- the peace process that, precluding any ticipating in this force. tion to house their families while they U.S. troop involvement, would extend There is something we can do some- are gone, and maybe we will even give to this evil leader. thing about. That is to provide our them a little ammunition go. Let us Mr. Milosevic 11 years ago went down men and women who carry out Amer- support the troops. to Kosovo and began his own ascend- ican foreign policy after debates like The CHAIRMAN. The time of the ancy in the region by commencing a this one the wherewithal to be effec- gentleman from California (Mr. reign of terror on the Kosovars of Alba- tive. We, the government of the United HUNTER) has expired. nian ethnicity. During the course of States, have not been doing that. Let (On request of Mr. CUNNINGHAM, and that reign of terror, their autonomy me show the Members what we have by unanimous consent, Mr. HUNTER has been stripped and they have been been doing. was allowed to proceed for 2 additional the victims of unspeakable horrors. We Since Desert Storm, we have cut our minutes.) need to bring this to a conclusion with military almost in half. We have gone Mr. HUNTER. Mr. Chairman, the a negotiated peace, but that is made from 18 army divisions to only 10; 546 Joint Chiefs have done something this infinitely more difficult by the House naval ships to only 325 now. We have year that they have not done in a long time. I think it is because the services debate today, and if we should adopt cut another 20 since this chart was put are desperate, they are desperate for the Fowler amendment it would be together. We have gone from 24 fighter help. The 10,000 uniformed service men made, in my opinion and the opinion of air wings to only 13 fighter air wings, and women on food stamps are des- many observing this process, it would cut our air power almost in half. Our mission capability, that is the perate for help. be made impossible. They have told us what they need. capability of our aircraft to fly off of The Scriptures tell us, blessed are The Army has come forth and said, we their runways or off their carrier the peacemakers, and we in the House need an additional $5 billion a year just decks, like the gentleman from Califor- want to do everything we can to make to maintain this downsized military of nia (Mr. CUNNINGHAM) used to, to fulfill their job more difficult, if not alto- 10 divisions. The Navy has come forth our mission, whether bombing or recon gether impossible, at this terribly im- and said, to maintain 305 ships, we need or something else and return to that portant time. an additional $6 billion a year. The Air home base, that mission capability So let me conclude by saying, let us Force has said, to maintain this that I want 83 percent in the Air Force oppose the Fowler amendment. I be- downsized Air Force of only 13 active lieve it would forestall a conclusion of has now dropped to 74 percent. fighter wings, we need an additional $5 It used to be 77 percent in the Marine the peace process. Let us support the billion a year. The marines have said Corps. It is now down to 61 percent. Gejdenson amendment, which would that to maintain this downsized Ma- Mission capability used to be 69 per- place very significant and appropriate rine Corps, that now has the highest cent in the Air Force, it is now 61 per- strictures on the U.S. involvement in operating tempo of any time since what might be a NATO force, an in- cent. A lot of our planes are hanging World War II, we need an additional volvement not to exceed 15 percent; a around as old hangar queens. They are $1.75 billion a year. They said that on limited, minor supporting role, but an like old hay balers that we are taking top of that they need a pay raise for essential one, to stop the killing and spare parts off of so the few we have our troops, to start cutting into that left on the runway will work. the atrocities that have plagued that 131⁄2 percent pay gap. region. Military aircraft crashes. I can tell If we add those together, and if we Mr. HUNTER. Mr. Chairman, I move the Members, we are now crashing add the cost of Bosnia, which we should to strike the requisite number of more aircraft, some 55 in the last 13 not take out of ammunition and oper- words. months, 14 months, than we are build- ations and maintenance, that is $21.95 Mr. Chairman, this situation, regard- ing, along with the 55 Americans who billion or $22 billion a year more that less of which route we take, stay out or died as pilots and crews in those crash- our service people need to be well- go in, has potential dangers. Many peo- es. equipped and well-paid to serve our ple have argued that going in is going Equipment shortages. We are build- country. to cause more of a conflagration than ing, and President Clinton’s defense So however Members vote on these if we stayed out. There are good intel- budget continues that this year, if we resolutions, and let me really com- lects on both sides of the debate. It is follow it, we are building to a 200-ship mend the brilliant gentlewoman from a very difficult debate. It is a very Navy, down from 600 ships. The ma- Florida (Mrs. TILLIE FOWLER). I wish I close question, I think. rines are $193 million short in basic could support her amendment. I think I am going to support the base bill. I ammunition. The Army is short about her conditions are excellent. But I am think in the end the organization that $1.6 billion in ammunition. going to support the base bill. we created, NATO, that we have always We have aging equipment. We are liv- However Members vote on this, we been the guts, the leadership of, that ing off the old equipment of the Reagan should follow up very quickly with a was put together to handle then the years. Our CH–46 helicopter is over 40 series of votes, manifested in our budg- Soviet Union, has a role in this post- years old. The Clinton administration et and in supplemental appropriations Cold War environment in keeping sta- intends to fly B–52 bombers with no re- bills, to provide our military what they bility in Europe. If we do not partici- placement until they are 80 years old. need, so they can provide us what we pate in this operation, and it is a very Personnel shortages, we are 18,000 need. dangerous operation, one in which I sailors short in the Navy. We are going Mr. HEFLEY. Mr. Chairman, will the think we may take casualties, I think to be over 700 pilots short in the Air gentleman yield? NATO will dissolve as a real entity. Force. We are going to be short in ma- Mr. HUNTER. I yield to the gen- rine aviation, and we are down about tleman from Colorado. b 1745 140 helicopter pilots in the Army. Mr. HEFLEY. Mr. Chairman, I will It may be a debating society, it may Here is something we have not been not take the 5 minutes to do it, but I have a location, but I think that NATO paying attention to. We have a 13.5 per- want to thank the gentleman for pre- will dissolve, and maybe the stability cent pay gap between the people who senting this picture, because that is that NATO could bring to Europe over wear the uniform and the people in the the picture I wanted to present. He did the long haul will be gone. private sector. I want to ask all of the it better than I could. March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1227 Who is going to pay the bill for these have that on our minds and in our con- U.S. security directly, so we are talk- kinds of things? If we are going to do sciences and in the national security ing about vital U.S. national interests. them, and we are going to do them, ob- interests of the United States, because We have to answer this question not viously, around the world, who is going the conflagration that will take place in some rhetorical way, but in a very to pay the bill? We need to pony up and if we do not act under an agreed-upon practical, pragmatic, personal way. do what we should for our troops. peace will be incredibly dangerous to Put it this way: If a young person in Mr. MENENDEZ. Mr. Chairman, I the United States. This is, after all, the the hometown of one of us does not move to strike the requisite number of location in which World War II started. come home from Kosovo, what do we words. Let me just finish by saying that I tell their parents they died for? Every Mr. Chairman, I rise to oppose the am reminded of that quote that said, man and woman who has worn the uni- Fowler amendment and to support the during World War II, ‘‘First they came form knows that there are things that Gejdenson amendment. after the trade unionists, and since I are worth dying for. I do not believe As we have this debate in this House was not a trade unionist, I did not ob- that this is one of them. at this time, a time that is poorly ject; and then they came after the The administration has said that this timed in terms of what the national in- Catholics, and since I was not a Catho- is about maintaining stability in Eu- terests of the United States are and ul- lic, I did not object; and then they rope. They are right, the Balkans have timately how that may lead to the na- came after the Jews, and since I was been a cauldron of war in this century. tional security of the United States, we not a Jew, I did not object; and then But the threat that they draw from simply should not be having this de- they came after me, and there was no Serbia is overdrawn. We are not talk- bate at this time. one left to object.’’ ing about a power on the rise, as we Right now, as we debate, I am sure I agree with the previous speaker, we faced in the 1930s in Europe, but a vi- that Slobodan Milosevic is looking at need to assist our military. I think cious leader in decline. It is equally this debate, and how we decide today many of us are willing to put our votes probable that our intervention in sends him a signal as to how he will there. But we need to make sure that Kosovo will itself spread the conflict move, and move militarily. Even before we stand ready not to cast today a vote beyond the borders of Kosovo and Ser- we give an opportunity for peace to that in essence precipitates the chance bia. have a chance, we snuff it out with the for peace, that ends it, that gives it a Let there be no doubt that Milosevic actions on the Floor. blow before there is even a chance; and is an evil man who has wreaked havoc The gentleman from Connecticut that in essence this vote that we will on his own people, but the question (Mr. GEJDENSON) recognizes that the be casting, particularly on this amend- must be, what is in the U.S. national representatives of the respective par- ment, ends up being a death sentence interest, and our foreign policy must ties are supposed to reconvene next to thousands of people. We have an op- be based on that. week in France. We could not hold off portunity for peace, and we need to b 1800 until there was the opportunity for preserve that opportunity for peace. those parties to be brought together by I urge my colleagues very seriously The second question is, what are the the international community, led by to vote against the Fowler amendment, political objectives that we hope to the United States, to see if there is a because if not, they are already voting achieve, and will the use of military chance to avoid countless numbers of on the ultimate question; and to there- force help us to achieve those objec- murders, countless numbers of deaths? fore, in voting against her amendment tives? In Korea, our forces are there to We could not give that simple oppor- and giving peace an opportunity, then deter aggression from North Korea. In tunity for peace to take place? It was vote for the Gejdenson amendment. Desert Storm, our objective was to so compelling to proceed today? Mrs. WILSON. Mr. Chairman, I move expel Iraq from Kuwait. Mr. Chairman, this is not about en- to strike the requisite number of This is unlike Bosnia where, after 3 forcing our will. It is about enforcing, words. years of war, we had exhausted parties hopefully, an agreed commitment, an Mr. Chairman, there are a lot of ready to sue for peace, Bosnian Serbs agreed commitment to peace. This is a thoughtful and difficult issues that who were being beaten back and who test of NATO, and ultimately, maybe people have been trying to address here were eager to free the lines of ethnic in some different context, at some dif- on all sides this afternoon. I think enclaves where they were. ferent time, Members are going to there is sincerity on all sides. In Kosovo, we have two groups, two want NATO to work. The underlying proposal that we are ethnic groups that claim the same ter- If Members do not step up to the asked to endorse today is to endorse, ritory. There are no enclaves. Into this, plate now, the portion of the amend- without conditions, the indefinite as- we are thrusting U.S. and NATO forces ment offered by the gentleman from signment of 4,000 Americans as part of with no lines to be defended. There is Texas (Mr. TURNER) to the amendment a NATO force of 30,000 in the territory no clear objective. We are the begin- offered by the gentleman from Con- of a sovereign country with which we ning of a political process, not a peace- necticut (Mr. GEJDENSON) which limits are not at war, and over the objections keeping operation, as has been sug- us to 15 percent, and says, in a clear of that country, on the grounds that gested. message to the Europeans, this is the administration of the province of Third, what is the size and the struc- clearly your problem, but we are part Kosovo is not in accordance with inter- ture of the military force, and is it ade- of NATO and we are going to partici- national humanitarian standards. quate? What are their rules of engage- pate in it, if Members want NATO to be I am a supporter of NATO, and I am ment, and are these all clearly defined? put at risk, they will not respond. a supporter of American involvement If they are not, not one American The Fowler amendment is ulti- in the world. In fact, I used to serve in should go in not understanding exactly mately, in my mind, with all due re- the United States mission to NATO. I what the rules of engagement are. spect, should it pass, a death sentence have worn the uniform of a member of If a 19-year-old kid confronts a KLA to thousands of people in Kosovo, be- the armed services. But let us not member who refuses to give up his or cause in essence what we are saying by make any mistake here, this deploy- her weapon, what is that 19-year-old virtue of that amendment, it is a vote ment is an extraordinary departure kid to do? Do they walk away? Do they on the ultimate question, to not permit from what is envisioned in the NATO fight? Until we have the answers to troops to be deployed, even before we charter, and it is a departure from basic questions like that and are con- know that in fact an agreement in much of American diplomatic history. fident that our troops know what to do, which we would be invited in as part of There are several questions that I they should not go in. NATO could take place. asked myself and that I will share with Kosovo is a much more dangerous We are already sending a message to the Members as a contribution to this situation than we faced going into Bos- Slobodan Milosevic that in fact he does debate that I think we are faced with nia. We need to recognize those risks not have to make an agreement; go answering today: What is threat to there and mitigate against them. There ahead, just hold out there, do what you U.S. security or to U.S. vital national are too many unanswered questions on want, and at the end of the day we will interests? Clearly, there is no threat to a deployment of questionable national H1228 CONGRESSIONAL RECORD — HOUSE March 11, 1999 interest, and I cannot support the un- again were we going to allow some- into Kosovo. I have expressed this to derlying amendment. thing like this to happen. We swore him. I have expressed it to the Sec- Mr. ACKERMAN. Mr. Chairman, I this to ourselves, and we swore this to retary of State and to the Secretary of move to strike the requisite number of our God. Others swore along with us. Defense. words. What does that mean? Did we mean That is my prerogative as a Member Mr. Chairman, I stand here today, this only for ourselves? Did we mean of Congress, just as it is my colleagues’ not as a Democrat, and I hope that my that we would step up to the plate only prerogative to introduce the amend- colleagues do not stand there as Repub- if we were going to be wiped out? I do ments and the resolutions as they have licans, and I would ask all of our col- not think so, Mr. Chairman. today. leagues, indeed, to question why do we The CHAIRMAN. The time of the But I think it is a very serious mis- stand here. What is this all about? gentleman from New York (Mr. ACKER- take for us to send at this time a mes- What are our values? Where do we fit MAN) has expired. sage to the world and to the people ne- in this world? (By unanimous consent, Mr. ACKER- gotiating the hopeful peace agreement We think sometimes about heroes. MAN was allowed to proceed for 2 addi- that ultimately will be arranged Indeed, what are heroes? A hero is usu- tional minutes.) whereby we can provide some vehicle ally an ordinary person who steps out Mr. ACKERMAN. Mr. Chairman, we for peace in Serbia and whereby the Al- of the crowd, having no gain for him- could not mean that only for ourselves, banians and the citizens of Kosovo can self, and tries to stop a maddened mob because that would be ingenuous. someday live in harmony. from destroying somebody else’s life Never again will I want to remind my I disagree with the President. But I and interjects himself into the fray. friends who have said that, which in- agree with the mission he is trying to These are some of the values that we clude probably everybody in this undertake, and that is to reach some try to impart to our children. We House, that never again is upon us yet type of peace agreement before he should not mind only our own business, again. sends the troops in there. If they reach we should be trying to help other peo- What is it that we are to do? Are we a peace agreement, he is going to send ple. to shrug our shoulder? Are we to exam- the troops in there. If they do not I have heard the question asked over ine costs? Are we that people that reach a peace agreement, he is going to and over again by so many colleagues would let others die unjustly, unpleas- send the troops in there. on both sides of the aisle, what is in antly, because we are cheap, because The Constitution and this Congress the U.S. interest? What are we as a we are thoughtless? I do not think so. has given the Administrative Branch of government the authority to do that. country? I think there is probably not This is the time to act in the interests So we are not here saying let us change a person in this body who would dis- of justice and in the interests of peace the authority. We are expressing a pute the fact that they would like to lest the notion that we are a mighty message that could be interpreted by see the U.S. recorded in permanent his- and just Nation be but an illusion. Milosevic or by any of the principles of tory as a Nation that is both mighty Mr. CALLAHAN. Mr. Chairman, I disagreement as an advantage to his and just. What is the purpose of our move to strike the requisite number of words. side. might if we do not use it for good? Is For us to hamstring the President, to (Mr. CALLAHAN asked and was justice not just a state of mind unless hamstring our negotiations I think at given permission to revise and extend we use it for the greater good? this time is a very serious error that his remarks.) I have been, most of my life, a passiv- we should not be doing that. At the Mr. CALLAHAN. Mr. Chairman, I ist, opposed to so many of the things same time, if I vote for the agreement, will admit I am in somewhat of a di- that so many of my friends have sup- the original resolution that we have, it lemma. I have spoken to this House in ported. This is a time for peace. This is indicates that I am supportive of send- situations such as this on several occa- a time to use our might and our ing troops into Kosovo, which I am not. strength and the unique position that sions during Desert Storm, when we So I think that this is ill-timed. I do the United States of America is in first sent our troops into Bosnia, and not know what I am going to do, but I today for good, for something decent, now here we are back again this year expressed myself on the floor here to help save the lives of people in a talking about a similar situation. today. I think a simple ‘‘present’’ vote place so far away, where human beings I read with interest, and in great will convince the people of the district have been destroyed, where ethnic depth the resolution of the gentleman I represent that I am concerned, as cleansing has taken place, where geno- from New York (Mr. GILMAN), and I they are, about where we are headed. cide has existed. Is that not in the know that we are talking about prob- But I am concerned, as they are, that American interest? ably a substitute or an amendment to the Constitution of the United States Mr. Chairman, I come from a very the substitute of the gentleman from of America leaves foreign policy to the small people, a people who, in our life- Connecticut (Mr. GEJDENSON). President of the United States, and time, were almost totally annihilated But, Mr. Chairman, in reading the that Congress is the check and balance. by forces of evil. So much of the world original resolution, I find myself in a I did not vote for Bill Clinton in the turned its back. Oh, they had excuses. State of confusion because I do not last election, nor the time before. But We did not know. We did not see. We know what to do. Certainly no one can a majority of the people of the United did not believe. No one told us. disagree in the first part original reso- States of America did. As a result, we We have been disabused of those ex- lution that this may be cited as peace- gave him the authority to be the Com- cuses, Mr. Chairman, today, because we keeping operation. I agree with that. mander in Chief of our armed services. know what is going on and what has Certainly the part that the Congress We cannot deny him the authority that gone on and what will go on unless the makes the following findings about the is granted to him in the Constitution. forces of justice and reason somehow conflict in Kosovo causing human suf- So I think I am going to vote intervene. fering. I agree with that. The govern- ‘‘present.’’ It is not an indication of It was not until the world intervened ment of Serbia and the representatives lack of support. It is an indication that and democratic countries stepped up to of the peoples of Kosovo may reach is not the correct time to be debating the plate that the people that I come some agreement soon. I agree with this when they are in negotiations try- from were liberated, snatched from the that. ing to resolve a peace agreement. jaws of death in concentration camps. Then it says President Clinton has So my message is, to my colleagues, So many of the countries, including promised to deploy 4,000 troops to is that I applaud their willingness to the United States, for whom all of us Kosovo. I disagree with that. But it is stand and express their views. But I are so grateful, stepped up to the plate correct. When I was approached, as think this Congress is making a mis- because it was in America’s national chairman of the Subcommittee on For- take to be handling a resolution about interest, and to do the right thing. eign Operations, Export Financing and this matter at this time. So many of us and so many others Related Programs of the Committee on To the President, I will tell him I took an oath when that happened, Mr. Appropriations, I disagreed with the still do not support sending troops to Chairman, that said, never again, never President about sending our troops Kosovo. March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1229 Mr. OBEY. Mr. Chairman, I move to why their sons or daughters were killed givings of sending U.S. forces into strike the requisite number or words. in an operation. And sometimes, to Kosovo.’’ We are not even supposed to Mr. Chairman, I rise to oppose the protect those sons and daughters, we debate the merits and misgivings of Fowler amendment. I absolutely agree need more troops not less. I happen to sending troops. Why not? ‘‘Instead, the with the last speaker. Let me tell my think that this is probably one of those purpose of this resolution’’ they go on colleagues, I want to make quite clear cases. to say, ‘‘is to give the House an oppor- where I come from. I regard Mr. So I am going to vote against the tunity to fulfill its constitutional re- Milosevic as a sociopath. If I had my Fowler amendment. I am going to vote sponsibility of authorizing the deploy- way, NATO would have gone after him against the Gejdenson amendment. I ment of U.S. troops into potentially a long time ago. I think he ought to be will not vote for the Gilman resolution hostile situations.’’ In other words, we tried as a war criminal. I think he is because I do not believe in giving are to do nothing more than rubber one of the most useless leaders to ever Presidents blank checks, and I am not stamp what the President has asked walk on the face of the earth. That is going to endorse an agreement until I for. what I think about him when I am in a know what it is and until I have had an Where does the President claim he mild mood. opportunity to gauge the reliability of gets his authority? Does he come to us? But let me tell my colleagues my the people that we are negotiating Has he asked us for this? No, he as- problem today. My problem is that I with. sumes he has the authority. He has al- totally agree with what the adminis- But I also will not vote against it ready threatened that what we do here tration is trying to do in the region, today, because if we vote against it, we will have no effect on his decision. He but I am not happy, frankly, with their help assure that those negotiations is going to do what he thinks he should implementation. will not come to a constructive conclu- do anyway. He does not come and ask b 1815 sion. And that is why, like the gen- for permission. Where does he get this I think they have not accurately tleman from Alabama, I will vote authority? Sometimes the Presidents, gauged the position of the Russians in present. Because until we have an since World War II, have assumed it this situation, and I think that they agreement to judge, Congress has no comes from the United Nations. That misjudged the reliability of the right to muck things up when the re- means that Congress has reneged on its Kosovars. And under those cir- sult will be lost lives. responsibility. cumstances, I am not convinced, while Mr. PAUL. Mr. Chairman, I move to We do not just give it to the Presi- I agree with what they are trying to strike the requisite number of words. dent, we give it to the President plus negotiate, I am not yet convinced that (Mr. PAUL asked and was given per- the United Nations or NATO. And when their negotiating partners have dem- mission to revise and extend his re- we joined NATO and the United Na- onstrated enough maturity to rely on marks.) tions, it was explicitly said it was not them in a sensitive situation like this. Mr. PAUL. Mr. Chairman, I rise in to be inferred that this takes away the My problem is, like the gentleman support of the Fowler amendment and sovereignty and the decision-making from Alabama, I believe this should not in opposition to H. Con. Res. 42. powers of the individual countries and be here today. And the reason I say Today we are going to have a vote on their legislative bodies. And yet we that is this: I think it is here because whether or not troops should be au- have now, for quite a few decades, al- a lot of us have a fundamental mis- thorized to go to Kosovo. If we vote in lowed this power to gravitate into the understanding of our constitutional favor of this, we are voting for war. hands of the President. role. You can make a very respectable This is not a war resolution in the con- After Vietnam there was a great deal argument that we ought to have a vote ventional sense of the Constitution, of concern about this power to wage before we do something such as bomb but in this day and age it is about as war. First, we had Korea. We did not Mr. Milosevic. I would vote for such an close as we are going to come to since win that war. Next we had Vietnam. explicit action. I think he has got it we have ignored the Constitution with And with very sincere intent, the Con- coming, and I think NATO needs to regards to war powers essentially since gress in 1973 passed the War Powers lead and we need to lead NATO. But I World War II. If we vote for troops to Resolution. The tragedy of the War also do not believe that this Congress go to Kosovo, we are complicit in a po- Powers Resolution, no matter how well has any business whatsoever interpos- tential war and the responsibility motivated, is that it did exactly the ing its judgment on questions that in- should be on the shoulders of those who opposite of what was intended. volve the President’s Commander-in- vote to send the troops. What has actually happened is it has Chief responsibilities. I strongly urge that we not send the been interpreted by all our Presidents With all due respect to the Fowler troops. It is not our fight. We are not since then that they have the author- amendment and the Gejdenson amend- the policemen of the world. It weakens ity to wage war for 60–90 days before we ment, both of which I will vote against, our national defense. There are numer- can say anything. That is wrong. We there is not a Member on this floor who ous reasons why we do not need to send have turned it upside down. So it is up has any qualification whatsoever to more troops into another country to us to do something about getting say what our troop levels ought to be someplace around the world. Every the prerogative of waging war back in a peacekeeping situation. The most time we do this it just leads to the next into the hands of the Congress. dangerous human being on the face of problem. It is said that we do not have this au- the earth is a Member of Congress who It is said that we should not have thority; that we should give it to the has taken a 3-day trip somewhere and much to say about foreign policy be- President; that he has it under the thinks that they have learned enough cause the Constitution has given re- Constitution based on his authority to to tell the entire country what we sponsibility to the President. The term formulate foreign policy. It is not ought to do on a crucial issue. Nine ‘‘foreign policy’’ does not even exist in there. The Congress has the respon- times out of ten they are more of a the Constitution. The President has sibility to declare war, write letters of menace than a help. been given the authority to be the marks and reprisals, call up the mili- I do not believe we have the personal Commander-in-Chief; to lead the troops tia, raise and train army and regulate expertise to make military decisions. I after we direct him as to what he foreign commerce. The President want the Joint Chiefs of Staff to decide should do. He is the commander. We do shares with the Senate treaty power as what the level ought to be, if we do not have a military commander, we well as appointment of ambassadors. have a peacekeeping force. I do not have a civilian commander. But we do The President cannot even do that want that decision made on a political not forego our right to debate and be alone. basis by the Congress or the White concerned about what is happening on We have the ultimate power, and House. And I certainly do not want it issues of troop deployment and war. that is the power of the purse. If the made on the basis of a budgetary ques- A report put out by those who spon- power of the purse is given up, then we tion. sor this resolution had this to say. lose everything. Because we have not I do not want to have to look into the ‘‘This measure does not address the un- assumed our responsibilities up until eyes of any more parents and explain derlying question of the merits or mis- this point, it is up to us to declare that H1230 CONGRESSIONAL RECORD — HOUSE March 11, 1999 the President cannot spend money in of this particular situation going out of b 1830 this manner. I have legislation that its boundaries. I almost certainly would have been would take care of this; that the Presi- Our interests are humanitarian, eco- one of those who would have supported dent cannot place troops in Kosovo un- nomic and military, and also an inter- doing what he asked if there was an less he gets explicit authority from us est as it deals with the leadership of agreement we could look at and know to do so. If he does it, the monies this country and the fact that we have what it provided and that it was a bona should be denied to the President, un- not only an obligation but a duty to fide agreement. But here we are with less we want to be complicit in this make sure that peace is obtained. By the certainty that he would not come dangerous military adventurism. playing politics with sensitive peace to the Congress and yet he does not Mr. RODRIGUEZ. Mr. Chairman, I negotiations that are set to resume have an agreement and we do not even move to strike the requisite number of March 15, the House of Representatives know whether or not at such time words and oppose the Fowler amend- could jeopardize peace in the region. somebody in Paris signs their names to ment in favor of the Turner amend- Failure to achieve peace now in Kosovo a stack of papers that it will indeed be ment. could cause significant instability in an agreement of anyone. Mr. Chairman, why are we debating the already volatile region. How do you say you have the agree- this issue at this point in time? We all Secretary of State Albright stressed ment of the Federal Republic of Yugo- recognize that it is political; politics this point yesterday before the House slavia when you are saying, ‘‘If the that could come back to haunt us. Committee on International Relations Kosovo Albanians sign it and you One of the biggest problems we have saying that a new outbreak of fighting don’t, we’re going to bomb you.’’ Now, in Congress is the fact that we have an in Kosovo could expand into regional I am not sure that that is an agree- obligation and a duty. The only reason hostilities that could cause massive ment. How do we know that anyone to debate this resolution today is to suffering, displace tens of thousands of who purports to be representing the undercut the administration at the people, undermine stability throughout people of Kosovo has any authority to critical time of our negotiations. It is South Central Europe, and directly af- represent the people of Kosovo? The more than irony that some of those fect key allies. chief political observer of the Kosovar pushing for consideration of this reso- If we can secure peace, if we can end Liberation Army left Paris and criti- lution today fully intend to oppose the the slaughter, we have the duty to do cized those who even entertained the resolution. This is an exercise in rhet- so. If we can join our NATO friends and notion of signing the agreement. We do oric. allies by providing those 4,000 troops as not have any basis for knowing that POINT OF ORDER part of the large NATO force, then we this agreement is real. If it is not real, Mr. CUNNINGHAM. Point of order, have the duty to do so. The failure to then we have put ourselves in a very Mr. Chairman. obtain peace now could put greater tenuous position to say that we will de- The CHAIRMAN. The gentleman will numbers of potential U.S. and Euro- ploy American armed forces in the sov- state his point of order. pean troops in danger if broader hos- ereign territory of another state Mr. CUNNINGHAM. Mr. Chairman, is tilities break out. against its will and conduct bombing or other military action. That cer- it improper, either in the full House or Our Nation’s modest personnel but tainly is an act of war. That requires in the body, to characterize the reasons crucial political investments in the us to declare it. It makes us an inter- for why different people vote for Kosovo peace process is essential to national outlaw if it has not been done things; to characterize and impugn? achieving peace. Without the U.S. in- Mr. RODRIGUEZ. Mr. Chairman, I that way and we do not in fact go there volvement, peace is unlikely. Mr. apologize if I have offended anybody. by agreement. Chairman, I urge my colleagues to sup- The CHAIRMAN. The gentleman will I do not like the fact that this debate port this resolution. suspend. is taking place now. But for anyone to The Chair will simply state that it is I also want to add, Mr. Chairman, say this Congress does not need to have improper debate to question the per- that this is very different from Bosnia, a debate on matters of this kind and of sonal motives of any Member. and it is very different from Bosnia in this consequence I think denigrates the Mr. CUNNINGHAM. Mr. Chairman, I the sense that in Bosnia we took the role of this Congress in the governance will not demand the words be taken lead. Here only 14 percent of the troops of the United States of America. I do down, but I would ask the gentleman will be from the United States. Europe not want to be in a position where not to characterize. is taking the lead, and we have an obli- someone has deployed forces, my con- Mr. RODRIGUEZ. Mr. Chairman, if I gation and a duty, Mr. Chairman. stituents, and to have to go back to the have offended anybody, I apologize. But Mr. BATEMAN. Mr. Chairman, I people I represent and say, ‘‘Well, as a member of this Congress, I recog- move to strike the requisite number of they’ve been sent there because we nize the fact that politics is played words. didn’t think that the Yugoslavia Fed- within the House floor, and I recognize Mr. Chairman, I hopefully will not eral Republic had given Kosovo suffi- that this particular resolution does un- take the 5 minutes, but let me express cient autonomy, but we certainly dermine the administration’s efforts at to my colleagues the deep, deep an- didn’t send them there to fight for the this point in time. guish I feel in what we are doing and independence of Kosovo.’’ Those kind As a Member representing a commu- how we are doing it. I cannot rise in of subtle distinctions certainly escape nity of more than 42,000 active duty support of the base amendment, the me. I think they will escape my con- service members and nearly 6,000 re- Gilman resolution, nor the Gejdenson stituents. I wish this debate came servists and guard members, I do not amendment to it, nor the amendment later, when the President could say take this issue lightly because the lives of my dear friend the gentlewoman there is an agreement and we could of those service members may be put in from Florida (Mrs. FOWLER), or sub- test whether it was real and then sup- harm’s way. stitute. port him. But unfortunately we are not I deplore the timing of this resolu- Much has been said about the timing in that position. I frankly do not know tion. This resolution is being set up for of why we are here and that we should whether we are going to find anything failure. At least 2,000 people have been not be here at this time. I agree with that is going to be before us in the killed and 400,000 displaced in the Bal- that, but I am not sure that I attach course of this debate that I will be in a kans region. The United States clearly the responsibility for that fact the way position to vote for. has a vested interest in peace in the re- others have done so. If our President Mr. TRAFICANT. Mr. Chairman, I gion. Kosovo and the Balkans fall in had assured us that, upon being able to move to strike the requisite number of between two allies, Greece and Turkey. negotiate an agreement, he would come words. The Balkans’ historical role in Europe to us and seek our approval for going I wonder if we vote not to deploy has been critical. We all recognize that forward with military deployments in troops in Kosovo if the President would we also have in jeopardy Macedonia, Kosovo, it would have been the time abide by it. I thought the gentleman Montenegro, Northern Greece, Albania, for this debate to have taken place, from New York (Mr. ACKERMAN) made a as well as Turkey, and the possibility after the agreement had been reached. good statement. I would like to concur. March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1231 There is a reason for United States vote on it, the members of the Par- search, our development of new weap- support in the region. Maybe the most liament can debate this question, but ons, and then one of the main reasons important reason is genocide. The the Members of the U.S. Congress can- for that is this willingness to commit world took genocide lightly once before not debate this question. troops, to commit our defense capacity and we should not do it again. But I have heard here a number of times without any end in sight. We need to what bothers me is we have been turn- today that we should be waiting until ask what that end is. There may in fact ing aside from this dilemma since 1986 there is a final agreement. Mr. Chair- be a better way for the Congress to when there was an intelligence report man, I am confident that every effort take up this issue. I would be fully in that said there is only going to be two has been made to get assurances that if favor of the administration negotiating dynamics that come out of Kosovo: We there was a final agreement, that the this question and then coming to the will either press the Serbs for inde- Congress would be consulted after that Congress and say, ‘‘Here is what we pendence for Kosovo or there will be a final agreement and before troops were have negotiated. What do you think?’’ revolution and there will ultimately be deployed, and those assurances are not That has not happened time after time a great entanglement. there. after time. We have sought assurances I believe we must support the ethnic Yesterday, before a committee of the it would happen this time. There are no Albanians in Kosovo who are being bru- House, the Secretary of State said that assurances forthcoming. For all those talized. But the gentlewoman from this is not a good time for the Congress who say now is not the time, I would Florida (Mrs. FOWLER) brings a good to be debating this issue. But then she say to them, there will not be a time if question to the House. How do we do went on to say that there is never a we wait for the administration to de- it? She says we should not deploy good time for the Congress to debate termine when the Congress should be troops, we should use air strikes, logis- these issues because we just get in the involved in this because, as the Sec- tics, intelligence and other means of way of diplomacy. That is not the role retary of State said yesterday, it is identifiable support. There is a lot of of the Congress as I see the role of the really never helpful for us to discuss sense to that. I think it is time for Eu- Congress in the Constitution and many these issues. rope to stand up for Europe. We may be others do. I am grateful for the Speak- The President and the Secretary of the superpower, but by God we are not er’s decision to provide this debate. State should be asking for our ap- the only power. Too many times, the Congress has said proval. We need to be partners in this Let me say one last thing. I want to we will wait until the decision is made kind of policy. I rise in support of this commend the Speaker for this debate. and the decision is made and the com- amendment and to encourage the ad- We have been debating war, ladies and mitment is made so quickly that then ministration to fully involve the Con- gentlemen, after wars have been en- we have a decision of whether we are gress in its future activities before gaged. If these are peacekeepers, we going to support troops in the field, not they are completed. ought to send the Peace Corps. If these to whether those troops would be in Mr. BLAGOJEVICH. Mr. Chairman, I are police actions, we ought to send the the field or not. move to strike the requisite number of D.C. police. These are potential wars. There are questions that this House words. I am going to support helping in our has an obligation to ask right now. Dr. Mr. Chairman, of the hundreds of cause in Kosovo. But I am going to Henry Kissinger, the former national votes we cast in this Chamber each vote for the Fowler amendment. In ad- security adviser, the former Secretary year I believe money is more impor- dition, if the Fowler amendment of State, gave some insightful testi- tant than the issue of deploying our should fail, I will support Gejdenson, mony before the House Committee on troops abroad and placing them in because I think this thing is going to International Relations yesterday. He harm’s way. While I believe it is fully be passed. But I will then offer an said there is a critical question to be appropriate for Congress to have a amendment to Gejdenson that says no asked, under what circumstances voice in the crucial decisions, I also troops shall be deployed unless all Serb should American military forces be know that there are some in this de- troops are removed from Kosovo on the used to pursue national objectives and bate who are motivated by questions of schedule of which Rambouillet would what should those objectives be? domestic politics rather than foreign require. Number two, that if Milosevic Should American military might be policy. They want to score political violates the agreement, it is to be un- available to enable every ethnic or reli- points at the President’s expense and I derstood that NATO strikes in Serbia gious group to achieve self-determina- think that is regrettable. This impor- at military installations will be imme- tion? If Kosovo, why not East Africa? tant debate over the nature and extent diately commenced. And, number Why not Central Asia? Is this part of of our military involvement in the Bal- three, that any suspected war criminal our policy? kans should be driven by long-term na- shall be investigated and, if necessary I think there are questions that this tional interests, not short-term politi- or warranted, apprehended and tried by Congress has to ask in regard to cal considerations. an international tribunal. Kosovo. Why would we be there if we It is on the basis of our long-term na- In closing out, let me say this. I have are there? What is our goal in Kosovo? tional interests that I oppose the reso- left out the question of independence, I understand that part of the goal is to lution to authorize the President to de- because we do not have enough guts get Serbia out of Kosovo without get- ploy American troops to Kosovo. I am yet, but I will make this point to you. ting Kosovo out of Serbia. I submit to not pleased to find myself at odds with Milosevic has laughed in our face. Un- the Congress that that is a very dif- a major foreign policy initiative of my less there are some terms in that ficult goal to achieve. How will we President. But I come to this position agreement, we will have failed. Ninety- know when we have done it? We have based on a close evaluation of U.S. for- three percent of the population of been in Bosnia now for years and the eign policy in the Balkans. Mr. Chair- Kosovo is ethnic Albanians. Milosevic checklist that we had hoped to be man, the Balkans are a complicated, has lost the moral authority to lead. checking off, we cannot check any of dangerous area. For six centuries So I am willing to back up on that. But the boxes yet. We are no closer to leav- Kosovo has marked the confluence of not on the war crimes and not on other ing Bosnia than we were the day we three vastly different cultures. Since conditions. And if this bum violates it went into Bosnia. And what is the cost the first battle of Kosovo in 1389, these again, by God, we should codify it into to our armed forces? What is the cost cultures, Western, Slavic and Islamic, law that action will be taken. of our ability to defend America have clashed violently at this very Mr. BLUNT. Mr. Chairman, I move to around the world? spot. These battles are not over some- strike the requisite number of words. I thought the gentleman from Cali- thing so simple as land or even as valu- Mr. Chairman, we have heard a num- fornia (Mr. HUNTER) made an incred- able as mineral rights. Instead they are ber of times here today that the Con- ibly effective presentation with the battles in which each party believes gress should not be acting on this ques- wrong conclusion. The presentation they are guided by heaven in a fight for tion yet. It is amazing to me that of was the diminution of our military the future of their people. our NATO allies, the members of the forces, our military readiness, our The current war in Kosovo is no dif- Bundestag can debate this question and military benefits, our military re- ferent from those that have preceded H1232 CONGRESSIONAL RECORD — HOUSE March 11, 1999 it. The fall of the Soviet empire did not gle to build an open society without us compasses and some guiding stars that write a new chapter in the history of taking notice. This must change. I believe can allow us to make the pru- the Balkans. As much as it repeated Tomorrow in Independence, Missouri, dent decision. The first and most im- one that came before with the fall of the success of our policies elsewhere in portant question is: Is it in the vital the Hapsburgs and before that with the Europe will be ratified when Poland, national interests of the United fall of the Ottoman Empire. Kosovo be- Hungary and the Czech Republic offi- States? Can we in fact be able to define longs less to the end of our century cially join NATO. Let us use this occa- specifically and with great credence ex- than to the beginning, and the motiva- sion to acknowledge the serious flaws actly why it does benefit us? And tions of the combatants are the same in our Balkan policy. More troops are frankly combined and intertwined as those in previous battles. not the answer. right with that struggle to define the Though technically begun by one Let me say again this is a difficult vital national interest comes right man, Slobodan Milosevic, who reflects vote for me and I regret it is taking with it the need for the American peo- on little more than his own greed, it is place at a crucial time in ongoing ne- ple to support our involvement. being fought by two peoples convinced gotiations. But the fact remains I can- Now I have been in the Congress, now of their own imminent destruction. not in good conscience support sending starting my 17th year, and we have These people believe the sword is the our young men and women in uniform faced this issue over and over again, only option to preserve their own life into harm’s way without clear, achiev- and it is not a matter of partisanship. and, barring that, their only honorable able goals. I remember the debate on this floor path to death. Mr. KASICH. Mr. Chairman, I move when Ronald Reagan committed us to Putting U.S. troops on the ground in to strike the requisite number of Lebanon, a place where we saw great Kosovo is not a recipe for peace. It is a words. ongoing tragedy every night on the na- Mr. Chairman, I believe that the sin- recipe for disaster. The history of the tional news, and we went frankly be- gle greatest challenge in foreign policy Balkans has only marginally been cause we followed our hearts in order as we head into the next century is our kinder to its inhabitants than it has to rescue people from violence, and at ability to define vital national inter- been to outsiders. Placing U.S. troops the end of the day we lost a great num- ests of the United States. in the middle of this conflict will not There are many people that are con- ber of marines and we left because we bring an end to the killing but instead cerned about this debate today because were never able to define Lebanon in draw Americans into it. they take a look at some of the terrible the vital national interests of the b 1845 violence that goes on around the world, United States with the combined sup- port of the American people. I voted We have put our troops in this posi- and they say how can the United States not intervene in the face of against Ronald Reagan that day on the tion before in places such as Lebanon floor in regard to Lebanon. and Somalia, and while peacekeeping is that? Mr. Chairman, if we try to pick and There is another third issue that in- a noble task, it works only when there choose those areas in the world where volves not just the vital national inter- is a peace to keep. A signed piece of we will intervene based on the power of ests and whether the American people paper between two peoples who see no television, I think we will not be able support our efforts, but do we have an options, but war is not peace. to make good choices. achievable goal? Do we have something Our troops are going into Kosovo The fact is whenever the television that is an objective that is likely to with no clearly defined mission and no stations focus their cameras on vio- succeed? And if, in fact, we look at exit strategy. We have already seen lence in one particular part of the what the goals are and they are ill-de- this pattern in Bosnia. We were origi- world and brings that violence to our fined, as they were in Lebanon and, I nally told our troops would be in Bos- attention, then it seems as though a believe, as they are in Kosovo, then all nia for 6 months. Almost 4 years later case is being made and gets made with- the committing of forces in the world they are still there with no end in in this administration, and frankly on will not achieve our goal, our objec- sight, and, unlike Bosnia, this conflict this floor, that the United States has a tive, if it is not clear and if it is not in Kosovo would inevitably be far more vital interest or has an interest in achievable. difficult and dangerous to American order to stop the violence. And in addition to that, what is the forces. The fact is, as we look around the timetable? The timetable is one where What happens if we begin to incur world, when we look at the plight of it is always easy to get in. The ques- casualties? Will we fall victim to mis- the Kurds, when we look at the trag- tion is what is the exit strategy? How sion creep? Will we deploy troops to de- edy, the ongoing tragedy, in Sierra do we get out after having achieved our fend Macedonia? Albania? And Bul- Leone, when we consider the plight of goal? Mr. Chairman, if we consider garia? The unique and tragic history of the people in Afghanistan, and Sudan, these notions of is it in the vital na- the Balkans teaches us that these bat- and in Somalia, and in Indonesia, the tional direct interests of the United tles grow into wider conflict, and when list goes on and on to demonstrate States, does the commitment have outsiders are drawn into it, they are man’s inhumanity to man. broad support among the American drawn into it and cannot get out. But what is the responsibility of a people, is there an achievable goal and I do not shy away from the use of great power? How does a great power is there a timetable to go in and get military force to protect our Nation’s decide where to go? out; if the answers to those questions vital interests, and I do not deny that When I came on the floor earlier are not all in the affirmative, then I the war in Kosovo is a tragedy that today, I heard somebody talking about believe the United States makes a huge grips our Nation’s conscience. In this how much they hated the violence and mistake by committing itself. In Leb- sad world of ours there are many trage- the tragedy that was ongoing in anon we engaged ourselves in a civil dies around the globe: Turkey’s war Kosovo, and yet then I heard another war. with the Kurds, Russia’s battle with speaker stand and say: The CHAIRMAN. The time of the the Chechens, China’s war on Tibet. But how can we put American forces gentleman from Ohio (Mr. KASICH) has Yet no one suggests that we intervene in harm’s way where somebody is going expired. in these conflicts and for a simple rea- to have to call somebody’s mother or (By unanimous consent, Mr. KASICH son. Many American soldiers would die father and explain why somebody lost was allowed to proceed for 3 additional in vain. their lives? minutes.) Instead of elevating Milosevic as a This is not a question of whose heart Mr. KASICH. Mr. Chairman, look. We savior for his people, we should be is bigger. This is a question of what is got involved against Saddam Hussein working to undermine him and make in the best interests of a national because we were able to explain the Serbia a democracy. power to in the long run do what is in vital direct national interests of the In Serbia today, pro-democracy the best interests of world peace and United States, we were able to get the groups such as the Alliance for Change, world security. support of the American people and we the Council for Democratic Change and The fact is there are some bench- had a good timetable. We made a mis- the Democratic Party of Serbia strug- marks and some landmarks and some take in Lebanon, we made a mistake in March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1233 Somalia in the middle of a civil war. Ms. PELOSI. Mr. Chairman, I move along, I could see how it happened. See, the fact is that when we engage in to strike the requisite number of People knew, people cared, but people conflicts that represent ethnic strife or words. did not want to get involved. civil wars where there is not a clear Mr. Chairman, I rise in opposition to Before the 2,000 people who have been American interest, and an achievable the Fowler amendment with the great- killed, 2,000 plus in Kosovo, grow to a goal and a timetable to get in and get est respect for the maker of this mo- greater number, I hope that we can be out, what happens is a superpower en- tion. I oppose the amendment on the smart about this and support the rea- tangles itself all over the globe, and grounds of its substance and find the sonable negotiations that would in- George Washington warned us in the timing of it most unfortunate. volve U.S. troops on the ground. Two beginning of his administration, at the In doing so, though, I want to praise thousand people were killed there, beginning of our country, that a great the chairman of the Committee on many of whom are women and chil- power that entangles itself in too many International Relations, the gentleman dren. There have to be certain recogni- places in the world will diminish itself. from New York (Mr. GILMAN), and the tions. As I have said before, there is no So the challenge for the United ranking member, the gentleman from effective NATO without U.S. participa- States is to literally define the direct Connecticut (Mr. GEJDENSON), for their tion. participation on the floor today. I national interests of the United States b 1900 whenever we go and for our leaders to would say for their leadership in bring- gather the support of the American ing this issue to the floor, but I do not There is no effective peace agreement people, and to have a good goal and to think that this issue should be on the without U.S. participation of troops on have a good timetable. Short of that, floor today. Having said that, I applaud the ground, and the other recognition short of being able to answer those them for their impressive presentation is that Milosevic the ruthless president questions affirmatively, then the on why we should be supporting the of Serbia, as we know, and is a ruthless United States needs to preserve its President’s policy in Kosovo and why killer. He has an endless appetite for power, because in preserving its power we should be opposing the Fowler killing people. So it is not a question of and at the same time using it success- amendment here today. his conscience ever being challenged. fully, we will enhance a great power. I also want to commend my colleague We cannot count on any balance, on To use it wantonly around the world the gentleman from Texas (Mr. TURN- any reason, on any humanitarianism without answering this affirmatively ER) for his very wise amendment to the springing from the other side. It must will diminish us over time. Gejdenson amendment and hope that spring from NATO and, again, the U.S. is almost synonymous with NATO now. I believe that the gentlewoman from this House will give it its fullest con- I talked about the timing, and I want Florida (Mrs. FOWLER) is right tonight. sideration when the opportunity to return to that, Mr. Chairman, be- We should not make a commitment to comes. cause I think that this is really unfor- go to Kosovo to engage in a civil war, Mr. Chairman, other speakers this tunate. The President of the United an ethnic conflict. I believe over time evening have said that Kosovo, is a States is bringing a message of com- that these kind of commitments will very difficult decision. Well, Kosovo is passion and humanitarianism to Cen- diminish us rather than strengthening a very difficult and dangerous place, tral America after the most disastrous us and will not serve the peace and the and we are sent here, after all, to make natural disaster in this hemisphere. security of people across the world as the difficult decisions. I, for one, do not Over thousands of people killed, mil- we would want them to be served. think that we, Congress, has a role in voting on whether the President should lions of people made homeless, thou- Mr. HASTINGS of Florida. Mr. Chair- send peacekeepers into a region, so I do sands without jobs, economies wiped man, will the gentleman yield? not think that this debate is a nec- out. Mr. KASICH. I yield to the gen- essary one, and I think again that the The President is bringing the com- tleman from Florida. timing of it is unfortunate. passion of the American people there. Mr. HASTINGS of Florida. I am just What is happening in Kosovo is a That is an appropriate mission for the curious if my distinguished colleague challenge to the conscience of our President. The Secretary of State is has any concern for our credibility in country, what is happening in Kosovo joining him. The Secretary of Defense the NATO alliance and whether or not is a challenge to the future of NATO. I is out of the country, and we bring up our decision here would impact that al- would say to our colleague the gen- a resolution to undermine their efforts liance. tleman from Ohio (Mr. KASICH) that it in Kosovo. Mr. KASICH. Mr. Chairman, I would is in our vital national interest, it is in I urge my colleagues to oppose this say to the gentleman from Florida that our vital national interest to support ill-timed resolution. we spent 40 years training our NATO NATO. Indeed the United States is so Mr. GILMAN. Mr. Chairman, I move allies to work against the Soviet Union much a part of NATO that NATO is not to strike the requisite number of moving across the Fulda gap with an effective without U.S. participation. words. incredible display of armor and I would have hoped that we could (Mr. GILMAN asked and was given lethality. I believe that the Europeans have had the administration bring the permission to revise and extend his re- in this case, if they want to go into negotiations to fruition. There can be marks.) Kosovo, they should go, they should no agreement without American troops Mr. GILMAN. Mr. Chairman, I first make that decision. The United States on the ground. The Kosovars would want to commend the Members on both could offer them technical support. never agree to any peacekeeping force sides of the aisle for the dignified and But I believe this is foremost their that did not include American troops. calm way and thorough way in which job, this is in their direct national in- There can be no agreement without they have conducted the debate on this terest, but not in the direct national NATO in Kosovo, and NATO will not go important measure, and I also com- interests of the United States. We can in without U.S. troops. So our involve- mend Speaker HASTERT for arranging participate in indirect ways to offer ment is fundamental to any agreement this debate. I think it is extremely im- the technical support they would need, about keeping the peace in Kosovo. portant that we have had this oppor- but for us to be involved in the bomb- I said earlier that Kosovo is a chal- tunity to voice our views, both pro and ing and the committing of troops on lenge to our conscience. Just a few con, with regard to the commitment of the ground is not in our vital national years earlier Bosnia was, and over troops to Kosovo. interests, I do not believe the goal is 200,000 people were killed there. I won- Mr. Chairman, I rise with some reluc- achievable, and frankly I do not even dered when I was a child and first tance to oppose the amendment offered know what the goal is over there as de- learned about the Holocaust and read by the gentlewoman from Florida (Mrs. fined by the administration, and fi- ‘‘The Diary Of Anne Frank’’ as a teen- FOWLER). I understand that the gentle- nally, I just do not think there is a ager, I wondered how did this ever hap- woman from Florida (Mrs. FOWLER) is timetable that gets us out. pen? Didn’t anybody know? Why didn’t offering this amendment because she is Mr. HASTINGS of Florida. Mr. Chair- anybody do anything about it? And genuinely concerned about the effect of man, I thank the gentleman from Ohio. when the Bosnian situation came NATO peacekeeping missions in the H1234 CONGRESSIONAL RECORD — HOUSE March 11, 1999 Balkans on our troops and on our mili- their lives there. I have been to Sara- cluded people who were pulled out of tary readiness. jevo and I have looked across the parks the hospital, men and women pulled To a degree, I share some of those in Sarajevo that now have the white out of hospital beds and slaughtered at concerns. Nevertheless, in the interest crosses of the tens of thousands who the end of that siege. of preventing hostility in Kosovo, I died. Their crime was that they happened must rise in opposition to the Fowler Why did they die? They died because to live in an area that Milosevic want- amendment. of the failed policy of this administra- ed to add to Serbia, but their other My main concern is that the situa- tion. They did not come to the rescue crime was that they were Roman tion there is fluid, and regrettably the of the people when they needed it. A Catholics. Fowler amendment would lock us in an quarter of a million had to die and ad- Then I ask us to remember that inflexible position of having to decline visors from this administration, who Milosevic deployed his regular Yugo- outright our participation with our we talked with, resigned in disgust. slav army, that that was the instru- NATO allies in bringing peace to They kept people from protecting ment by which the overwhelming Mus- Kosovo. Accordingly, I rise in opposi- themselves in that region, and that is lim cities and towns in the Drina River tion to the Fowler amendment. I be- why we had that quarter of a million Valley in eastern Bosnia were eth- lieve U.S. participation in this NATO die. nically cleansed in early 1992. That was peacekeeping mission is an essential We were promised time and time when the major ethnic cleansing oc- ingredient for peace in Kosovo. again here that our troops would be curred, early in 1992. Mr. MICA. Mr. Chairman, I move to gone, thousands of troops gone, and we Their crime was that they were in a strike the requisite number of words. still have 6,000 to 8,000 troops in that part of Bosnia that Mr. Milosevic want- Mr. Chairman, I rise in strong sup- area and we were told when we visited ed to add to Serbia. Their other crime port this evening of the Fowler amend- there recently that, again, it takes happened to be that they were Mus- ment. If we look at the Fowler amend- 10,000 to support the several thousand lims. So they were ethnically cleansed, ment it really does not prohibit United that we now have there years later. which meant that they were either States assistance to stop the bloodshed So, yes, we want to stop violence. killed or driven out. that we see in this region of the world. Does nation building work? Some- I ask us to remember Srebrenica, My colleagues, I do not think there is times a thousand years of conflict can- crowded with refugees, whose only anyone who serves here among us that not be resolved by our troops or our crime really was to have taken the would like to see another person die, fine efforts. U.N. seriously when the U.N. said that another person harmed, would like to Tonight, as we are here enjoying the Srebrenica would be a safe haven, but, see the continuation of tragedy in that comforts of the United States, there of course, they also happened to be part of the world that we have wit- are 30 armed conflicts in the world. Muslims. They, 8,000 men and boys, nessed on television, we have witnessed There are people dying throughout the every male in that community, when it in media accounts. We all want to see world for various reasons in almost was overrun, was slaughtered like pigs that end, but, my colleagues, we have every hemisphere. in a stockyard. been there and we have done that be- Can the United States be the police- I ask us to remember that Milosevic fore. man of the world? I say that we cannot. signed the Dayton Accords in 1995, I have only served 6 short years in Can we support organizations like the after it was clear that the tide was run- the House of Representatives, but from United Nations, who should go in and ning against him. That has been a re- the time I came to first serve here we take actions? Yes, we should. Should markably successful deployment as have seen what has happened under we support NATO? Yes, we should. peacekeeping. The only area, the major this administration. Again, I reiterate Have we helped NATO over the years to area, where it has been unsuccessful is and recite the experience of Somalia. It build forces to resolve conflicts in the because Milosevic has violated all of started out as a humanitarian mission, European theater? Yes, we have. the terms of the Dayton Accords that a compassionate mission, and we were We have been good neighbors. We related to allowing refugees to return. sucked into this conflict. have tried to assist but, again, we have I ask us to remember that Milosevic If we look at the newspaper just a been there, we have done that. signed agreements in regard to Kosovo few weeks ago, we will see that 60 peo- Let me say finally why we are in the only four months ago and has violated ple were killed in Somalia; that, in situation in Kosovo, and that is again every one of those agreements. There is fact, our policy failed there, our efforts because of a failed policy by this ad- no difference between the policy that failed, and the killing goes on. ministration. the Milosevic regime has put forward We spoke from the well here about Mr. OLVER. Mr. Chairman, I move to either before or after those signings Haiti, about a policy relating to Haiti. strike the requisite number of words. back in October. So there have been We spent $3 billion. We are the most Mr. Chairman, I rise at this point to thousands of people killed and another compassionate government and Con- speak in favor of the Gejdenson amend- 400,000 refugees have been sent around gress on the face of this Earth to try to ment but also to say that I think the in various places in Europe. bring peace and order and stability to original amendment, the Gilman It is that history, that history of Haiti and other nations. I say that to- amendment, is an acceptable alter- dealing with this what my ranking night Haiti is just as unstable as it has native. member on the Committee on Appro- ever been and, again, we have turned I would prefer that we were not doing priations called the psychopathic, psy- from one set of dictators to another set this. I think tonight the timing is not chotic, one of those words, whichever of dictators. exactly right, but we are doing it. So in one it was, nature of the leader that we We saw the example of Rwanda and those terms I would ask that we re- are dealing with. how this administration failed to act member the history that has gone on; With all of that history, it is the con- when we had the greatest genocide in who it is we are dealing with and what tact powers that have come together the history of my lifetime, my short the history of those dealings have been and empowered NATO, suggested that lifetime, that only after continuous in the period of time that Slobodan they go in and create an atmosphere pleas of the United Nations were re- Milosevic has been the leader of Yugo- for peace. NATO has not moved quick- buked. I spoke here on the Floor of the slavia. ly. Those contact powers have not House and others did asking that the I ask us to remember that Milosevic moved quickly before in Yugoslavia United Nations be allowed to send a attacked not one but two members of and it is only because of the history, pan-African force with no American the United Nations in 1991 and 1992, the 10 years now virtually of history in troops there to stop the situation from both Croatia and Bosnia, and it was the dealing with that regime, that they are turning into a disaster. We knew what regular Yugoslav Army, not indigenous now acting. I think that it would be a was going to happen, and this adminis- folk, who attacked and destroyed the tragedy if we did not support their ca- tration blocked that effort. ancient and beautiful city of Vukovar pacity to act at this time. In Bosnia, we heard about the quar- after a 2-month siege, and in the after- It is not our part, nor any part, nor ter of a million people who have lost math of that siege the slaughter in- any intent of that effort on the part of March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1235 NATO, to give Kosova independence. that without us, they will not be there. local problem. Objective observers What is intended is to stop the killing. Then, the fighting will continue. We agree that the conflict could draw in It is a mission designed to stop the will see the ethnic cleansing going on Albania and Macedonia, threaten killing, to impose peace. that we saw in Bosnia. We will see on NATO allies Greece and Turkey, divide The CHAIRMAN. The time of the the evening news the body bags, the the NATO alliance, undermine NATO’s gentleman from Massachusetts (Mr. atrocities, and the Kosovars, who are credibility as a guarantor of peace, OLVER) has expired. lightly armed in comparison to the jeopardize the fragile situation in Bos- (By unanimous consent, Mr. OLVER Serbs, will call on their Albanian col- nia, and initiate a massive refugee was allowed to proceed for 2 additional leagues and brothers to come to their movement throughout Europe. minutes.) defense, and we will begin to have a The President is not considering a b 1715 widening war in the Balkans. particularly large American presence. I Is it in our interests? You bet. It is in believe that all of us know that he an- Mr. OLVER. Mr. Chairman, I hope in our interests if for no other reason but ticipates sending less than 4,000 Ameri- that process, I think everyone hopes in for humanitarian reasons to make sure cans to join 28,000 in the NATO force. that process, if an agreement can be the slaughter does not go on. Far more Included in the 28,000 will be 8,000 Brit- reached, that it will be possible to see than that, what it means to the future ish soldiers, and 6,000 Germans. The if those people can live together, can of the North Atlantic Treaty Organiza- fact that the Germans are planning to live and coexist together. After all that tion, the most successful defense group send ground troops is not insignificant; has gone on, all of the repression of the in the history of the world, it would be it is a testament to the importance of Albanian ethnic majority, now 93 per- a tragedy. this issue for all of Europe and all of cent of the population of Kosovo is Al- Has the administration fumbled? Has the world. banian ethnic citizens of the origina- it failed to come forward as they America is truly the greatest coun- tion of Yugoslavia, from some time should have long ago to explain to the try in the world. But perhaps because ago, whose autonomy was taken away, American people and to the Congress we are so large and diverse, we are and the very policies that Milosevic why it is absolutely necessary that we often conflicted about our place in the has followed has led to more Serbs participate? You bet. The fact is, that world. Every time a post-Cold War Con- leaving Kosovo. So it is 93 percent Al- is water over the dam. We are here at gress has had to consider committing banian. a crucial point. We need to make sure United States troops to places such as But I think also, now, in the last that we do our part. Haiti or Rwanda or Bosnia or Iraq, it year of the 20th century, we ought to Mr. Chairman, 4,000 troops out of a has been difficult to garner sufficient look at this century and see that early contingency of 28,000 or more is a small support from Congress. But we cannot in this century there was a peaceful di- price to pay for peace. Would that we expect to be a world leader, actually vorce of two nations put together, two had had 4,000 troops in 1934 to boost up the only real superpower, without par- peoples put together by an agreement the morale of the French and the Brit- ticipating in international operations. that had been made after a war earlier. ish when Hitler broke the Treaty of We demand that the rest of the world The Swedes and the Norwegians in 1905, Versailles and moved back into the cherish our democratic values and that they peacefully divorced. Not a single Saar. We might have had a far different NATO and the United Nations inter- person was killed in that process. At historic turnout. vene in conflicts that we deem impor- the end of this century, we have seen Mr. HASTINGS of Florida. Mr. Chair- tant. But when we are called upon to the Czech Republic and Slovakia. They man, I move to strike the requisite participate in missions which were not were united. There was no separated number of words. initiated by us, we balk. sovereignty, there was only one sov- Mr. Chairman, I wish to underscore For many years, the goal of our for- ereignty. They decided to peacefully and associate myself with the remarks eign policy was the dissolution of the divorce, and there was not a single per- of the previous speaker, the distin- Communist system. We ultimately son killed in that process. guished gentleman from Virginia. achieved success, but the erosion of We should be seeking ways of devel- Mr. Chairman, as an internationalist, communism created power vacuums oping a peaceful divorce here, if that is I believe that the United States can around the world. We did not foresee what it comes to, and if it is clear that and should intervene when a country the problems that would be created, those people cannot live together violates international law and commits and now that we can see them, we are peacefully and in fairness and in jus- crimes against humanity. It is shame- unwilling to do anything to heal the tice, which is what clearly we are try- ful that we waited as long as we did to fissures. While communism in its origi- ing to have 3 years to be able to de- intervene during World War II and the nal form may be largely dead, it has velop over a period of time. more recent genocides in Bosnia and been substituted in some places with So I hope that the Gejdenson amend- Rwanda. brutality and instability. We seduced ment will be adopted, and if not, the Yesterday, before the Committee on the Communists. We said, our way is Gilman underlying amendment, either International Relations, Senator Dole better. It works. Come with us, we will is acceptable, to allow that kind of pol- put the question, how many murders help you. The people looked to the icy to go forward. make a genocide? Mr. Chairman, do we West, saw us and saw that it was good, Mr. BLILEY. Mr. Chairman, I move wait until the deaths in Kosovo num- so they took our advice. In some to strike the requisite number of ber hundreds of thousands as opposed places, our example has worked. In the words. to the 2,000 to 3,000, or do we intervene Balkans, it has not. Rather than help, Mr. Chairman, I rise reluctantly to earlier? Europeans with whom I have some of us are prepared to close our oppose the gentlewoman from Florida discussed Kosovo are truly perplexed. I eyes. We are telling them that they are (Mrs. FOWLER), my good friend whom I have had an occasion to discuss it often on their own. It is your problem, not almost always agree with, but she is with my colleagues in Europe and the ours, we are saying. wrong. We cannot back out of this. If responsibility that I happily undertake Well, I do not agree. It is our prob- we do, we might as well back out of as a rapporteur of the First Committee lem. And if this resolution fails today, NATO. which deals with politics and security we will leave our President and Com- The Europeans cannot do this with- in the Organization for Security and mander in Chief flapping in the wind, out us. We have to be there. It is not Cooperation in Europe. Four times a along with the people of Kosovo, and pleasant. I would just as soon we did year I have traveled to those meetings we should be ashamed. not have to be there. However, we need for the last 3 years and talked con- The CHAIRMAN pro tempore (Mr. to remember, World War I started in stantly about this particular problem. CALVERT). The time of the gentleman the Balkans, and if we do not partici- Mr. Chairman, my colleagues in from Florida (Mr. HASTINGS) has ex- pate, the Europeans will not partici- other bodies in Europe cannot fathom pired. pate without us. I serve in the NATO how any thinking person can oppose ef- (By unanimous consent, Mr. Parliamentary Group, I have for the forts to craft a solution to this enor- HASTINGS of Florida was allowed to last 15 years. They have made it clear mous human conflict. This is not a proceed for 1 additional minute.) H1236 CONGRESSIONAL RECORD — HOUSE March 11, 1999 Mr. HASTINGS of Florida. Mr. Chair- that the killing of American soldiers Clinton was elected, we had boatloads man, let me tell my colleagues why we will not result in more than 4,000 sol- of Haitians rushing the shores of Amer- should be there. Our credibility in the diers being sent to Kosovo? Will we ica, overpowering the social services of NATO alliance is at stake. The fact abandon our historical reaction to such the States to our south. We have put that two Presidents have put forward events? National pride would say we an end to that. Is it paradise yet? No, our position very plainly, and the work dare not do so. but it was a long way from paradise of the contact group, this did not come Therefore, even though there are when President Clinton was elected. about in a vacuum. Russia even agrees many unanswered questions, there is In Iraq, yes, we have not gotten rid of with the contact group that this peace one question to which we do know the Saddam Hussein, and President Bush, agreement should be given a chance to answer, the question, what will the with all the armies of the world there, go forward, the work of the Organiza- United States do if Slobodan Milosevic also did not get rid of Saddam Hussein. tion of Security and Cooperation that and his forces kill our troops? The an- Members look for exit strategies and has 2,000 people on the ground now and swer, we will respond with greater end dates. Again, if we used that strat- an extraction force. Finally and most force to avenge their deaths, and the egy at the end of World War II in con- importantly, we must make clear to mission will escalate. fronting Soviet expansionism, the So- the world that we will oppose genocide Therefore, I oppose sending troops to viets would merely have taken out any time, anywhere. Kosovo. Let us not forget the lessons of their calendars and said, yes, the Last night on ABC News, seven little Vietnam, which many Members of this Americans have come to Berlin to pro- boys stood without their mother and body have said include that of non- tect Western Europe, and they will do father in Kosovo who had done nothing intervention in the internal affairs of so for 90 days, a year, 2 years? And but go somewhere to look for food. I another Nation. We should never use what would they have done? stand here to say that I am committed our military forces as bait to arouse with those seven children in the hopes national indignation when a bloody I say the same thing here today. that somewhere along the way we can dictator takes the bait. When we talked about burden-sharing provide what is necessary for peace and If our purpose is to take out for over a decade in this House and stability through our efforts in the Milosevic, then we should have the po- more, we never dreamed that there NATO alliance to ensure that they litical courage to do so with over- would be an action in Europe where grow up and, yes, become just as free whelming force. We should not deceive American forces represented 15 percent as all of us in this great country. ourselves about the dangers to our or less. The Europeans are taking on Mr. SKELTON. Mr. Chairman, will troops by calling it a peacekeeping the largest responsibility they have the gentleman yield? mission, in an effort to simply make ever undertaken in these exercises. Mr. HASTINGS of Florida. I yield to ourselves feel good. We should not go Defeat the proposal of the gentle- the gentleman from Missouri. to Kosovo. woman from Florida (Mrs. FOWLER). Mr. DEAL of Georgia. Mr. Chairman, Mr. GEJDENSON. Mr. Chairman, I Pass one of the proposals that are be- I move to strike the requisite number move to strike the requisite number of fore us today. Many of us would have of words. words. preferred to have had this debate on Mr. Chairman, I rise in support of the Mr. Chairman, I rise against the another date. But to leave this Cham- Fowler amendment. There are many amendment offered by the gentle- ber tonight without giving support to uncertainties regarding the con- OWLER). It our policymakers to end the killing in sequences of our action on this resolu- woman from Florida (Mrs. F Kosovo is wrong and irresponsible. De- tion, but there is no uncertainty, how- is bad policy. It leaves America send- feat the gentlewoman’s amendment. ever, about the historical reaction of ing a clear signal that here tonight, on the American people when our citizens, the floor of the United States House of Mr. PORTER. Mr. Chairman, I move either civilian or military, are killed Representatives, America is telling the to strike the requisite number of by foreign powers. Whether it is the President and the Europeans to aban- words. slaughter of Americans at the Alamo don hope in Kosovo, that America is (Mr. PORTER asked and was given which led to war with Mexico, the sink- not going to participate; and do not try permission to revise and extend his re- ing of the Lucitania in 1915 and the loss to take any other view of this, if Amer- marks.) ica does not participate then there will of 123 American lives that led to our in- Mr. PORTER. Mr. Chairman, perhaps be no agreement. volvement in World War I, or the no one has been more critical of the We can look at history, we can look bombing of Pearl Harbor and the loss President’s foreign policies than I at recent history in Yugoslavia. The of hundreds of American personnel that have. In China, in northern Iraq, and in Bush administration I think correctly resulted in our entrance into World Turkey, the United States has done began with the assumption that as the War II, one thing is constant. Our Na- nothing to cover itself with glory, and Soviet Union had dissolved, that there tion will go to war when we believe our much to be ashamed of. citizens have been killed by others was no longer one monolithic Com- In fairness, I would have to say that without reason. munist State there to affect our small- er European allies and that they would the President has had some victories, b 1930 handle Yugoslavia. For months and Northern Ireland for one, and Bosnia; So therefore, what are we prepared to years America did nothing, and women yes, Bosnia, where the proud represent- do if our soldiers are killed in Kosovo? and children died, over 200,000, as the atives of the United States military, in To say that such has not occurred in world stood by yet again. small numbers, are keeping the peace, Bosnia is no guarantee that it will not What will happen in this new con- and are teaching people who have not happen here. It is altogether appro- flict? Tonight on the news we see more really ever known it tolerance and un- priate to ask other questions, such as people heading for the hills, leaving derstanding; and have done so, I might the scope of the mission, the duration their homes under the threat of death add, without casualties, because of the engagement, and the exit strat- and destruction. Slobodan Milosevic will not respond if egy, none of which can be answered This President has had some great the United States stands tall and with any degree of certainty. strengths, and I disagree with the Re- strong. I am more concerned about our esca- publican whip, one of them has been So I have no case to make for this lation strategy. Do we really believe foreign policy. In Haiti, when President President’s foreign policy generally. March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1237 The President has failed to adequately who live there. I have traveled numerous fied over the next several years, government consult the Congress in respect to times to the region. There has been hos- officials and alleged ethnic Albanian collabo- Kosovo, and he also, I think it is fair to tility, unrest and turmoil for hundreds of rators were killed. The Serbian government say, deserves great criticism for per- years. It has been said that there is too much cracked down and violence has escalated history for these small countries to bear. If since. mitting the conditions in Kosovo to de- this is so, it has never been more true than I met with a number of KLA members. teriorate to the point at which we find today. Most of them are everyday people, farmers, ourselves today. During this trip, I spent one day in Tirana, storekeepers, workers and such who were Clearly no one, including the United Albania, where I met with the U.S. Ambas- driven to the KLA by the constant brutal ac- States, can force parties to a peace who sador Marissa Lino and her embassy staff; tion of the Serbs. There are, no doubt, some want to engage in war. Clearly, no de- Albanian President Meidani; Prime Minister bad people in the KLA including thugs, gang- ployment can be made before there is a Majko; cabinet ministers; the Speaker and sters and smugglers, but most are motivated signed peace agreement. other members of parliament; religious lead- by a hunger for independence. Still, it must However, Mr. Chairman, the defeat of ers, and heads of Non-Governmental Organi- be recognized that some acts of terrorism zations (NGOs) active there. have been committed by the KLA. this resolution or the passage of the I spent parts of two days in Skopje, Mac- Conditions in Kosovo continued to deterio- Fowler amendment would be a victory edonia, where I met with embassy Deputy rate and alarm the international commu- for Milosevic. The butcher of Bosnia, Chief of Mission and Charge d’affaires Paul nity. In October 1998, under threat of NATO the author of the bloody ethnic cleans- Jones; Political Officer Charles Stonecipher; air strikes, Serbian President Milosevic ing and genocide, will win if we do members of the Macedonian parliament; made commitments to implement terms of nothing. former Prime Minister and President of the U.N. Security Council Resolution 1199 to end We are the world’s strongest Nation. Social Democratic Union (opposition politi- violence in Kosovo, partially withdraw Ser- We are the beacon of hope to oppressed cal party) Branko Crvenkovski; American bian forces, open access to humanitarian re- peoples everywhere. We must stand up soldiers assigned to United Nations forces lief organizations (NGOs), cooperate with guarding the Macedonia-Kosovo border, and war crimes investigators and progress to- to our responsibilities. We cannot ex- the commander and men of the NATO ward a political settlement. pect Europe to do it. They do not have Kosovo verification and extraction forces as As part of this commitment, in order to political unity. We do. well as representatives of NGOs in Macedo- verify compliance, President Milosevic I believe that if we do not stand up in nia. agreed to an on-scene verification mission by Kosovo for what we believe in as a peo- In Kosovo for a day and a half, I met with the Organization for Security and Coopera- ple, NATO itself will suffer the con- head of mission Ambassador William Walker tion in Europe (OSCE) and NATO surveil- sequences. We have right now the Sec- and senior adviser to ethnic Albanian elected lance of Kosovo by non-combatant aircraft. retary of State Madeleine Albright, President Ibrahim Rugova, Professor Alush These activities are in progress and NATO Gashi. I also met with Kosovo Liberation has deployed a small extraction force in next Bob Dole, Richard Holbrooke. They are Army (KLA/UCK) spokesman Adem Demaci door Macedonia. I visited with each of these providing leadership. They are working (who previously spent 26 years in Serb pris- groups. for peace. If we defeat the resolution, ons) and senior Serbian representative in However, conditions in Kosovo have not we will pull the rug out from under our Kosovo, Zoran Andelkovic. Other meetings stabilized and more have been killed. Fi- peacekeepers, our peacemakers. included NGO representatives, head of the nally, a contact group with members from I would commend all of our col- Kosovo office of the U.N. High Commissioner the U.S., Great Britain, France, Russia, Italy leagues in the House to the report of for Refugees (UNHCR), and other officials and Germany issued an ultimatum to the the gentleman from Virginia (Mr. and representatives. Our outstanding and sides to reach a peace accord by February 20, most able escort was State Department For- 1999. NATO air strikes against targets in Ser- FRANK WOLF). He was just there in Feb- eign Service Officer Ronald Capps. We also bia were threatened if Belgrade did not com- ruary. He visited Albania and Macedo- stopped at a Serb police barracks and met ply. nia as well. He spent 5 days in the re- with the officer in charge. We met individual The Serbs consider Kosovo the cradle of gion. No one has given more of his members of the KLA and with a number of their culture and their orthodox religion and time, no one has gone more miles, no individual Kosovars who had returned to are not willing to give it up. I visited the one has cared more deeply, no one has their villages after having been driven out by Field of Blackbirds where the Serbs battled worked harder for peace on behalf of Serb attacks. Some villages were largely de- for and lost control of the region in 1389. I also visited a Monastery dating back to 1535 the world’s oppressed peoples than the stroyed and remain mostly deserted. The fate of Albania, Macedonia and that is an important part of Serb history. gentleman from Virginia (Mr. FRANK Kosovo, which border one another, is inter- The Clinton administration, which does WOLF). He has studied extensively the related. Albania has a population of about not favor independence for Kosovo, worries history and what is happening in the two million people. Macedonia’s population this conflict could spread if NATO does not region. I recommend that every single of two million includes about one third eth- intervene and could even involve Turkey, Member read his report. It really tells nic Albanian. About 90 percent of the nearly Bulgaria, Albania and Greece. While this is us what we need to know. two million people in Kosovo are also ethnic of concern, there are other reasons for the I agree with what the gentleman Albanian. U.S. to remain active. The U.S. can never Kosovo is the southernmost province of stand by and allow genocide to take place. from Virginia (Mr. WOLF) believes: Do present-day Serbia and has a centuries long Part of the effort, once a peace agreement not prevent the opportunity for a history of conflict, turbulence and hatred. between the Serbs and ethnic Albanians has peaceful resolution of the Kosovo con- By 1987 Serbian dominance in the region had been signed, could include a NATO ground flict. Support peace. Blessed are the been established, Slobodan Milosevic was force in Kosovo containing a contingent of peacemakers. Support the resolution. President and ethnic Albanian participation U.S. troops. Mr. Chairman, I include for the in government was virtually nonexistent. It is clear that a main pipeline for arms RECORD the report of the gentleman In response, ethnic Albanians in 1991 reaching ethnic Albanians in Kosovo is across the Albania-Kosovo border and any from Virginia (Mr. WOLF). formed a shadow government complete with The report referred to is as follows: president, parliament, tax system and stabilization effort will likely include shut- schools. Ibrahim Rugova was elected presi- ting off this arms route. It has been sug- STATEMENT BY U.S. REPRESENTATIVE FRANK dent and has since worked for Kosovo inde- gested that an effective arms blockade could R. WOLF—REPORT OF A VISIT TO THE BAL- pendence through peaceful means. be accomplished by the Italian government KANS—KOSOVO: THE LATEST BALKAN HOT By the mid-1990s, the ethnic Albanian pop- from the Albanian side of the border with SPOT FEBRUARY 13–18, 1999 ulation in Kosovo had grown to nearly 90 Kosovo. This report provides details of my trip to percent as human rights conditions contin- A number of issues must be addressed be- Albania, Macedonia and Kosovo during mid- ued to go down hill with the Serbs in total fore the outcome of this conflict can be pre- February, 1999. This visit occurred during control of police and the army. Many, if not dicted. Principal among these is the likely the time the Serb-Kosovo Albanian peace most, individual Serbs also have weapons as strength and stability of an ethnic Albanian conference was taking place in Rambouillet, opposed to ethnic Albanians for whom pos- led Kosovo government. Another is the eco- France, and ended only a few days before the sessing a gun is against strictly enforced nomic potential of a stand-alone Kosovo, free contact group’s initially imposed deadline to law. Beatings, harassment and brutality to- from Serbia. Also important is what will be reach agreement of February 20. There is ward ethnic Albanians became common- the future of the KLA? Will they give up every indication that the U.S. will be con- place, particularly in villages and smaller their arms? Many in the KLA say ‘‘no’’. cerned with Kosovo for some time to come towns. Could an independent Kosovo make it on its and it was important to have a clear, first- In 1996 the shadowy, separatist Kosovo Lib- own? Political ability has not been dem- hand view of conditions there. eration Army (KLA) surfaced for the first onstrated. Economic development help from I have, for many years, had a deep interest time, claiming responsibility for bombings the private sector in the West may not be in the Balkans and concern for the people in southern Yugoslavia. KLA efforts intensi- immediately forthcoming. How would they H1238 CONGRESSIONAL RECORD — HOUSE March 11, 1999 be propped up? How will long term cross bor- ground. The White House must face up to 5. When peacekeepers arrive in Kosovo, one der hatred between Serbs and ethnic Alba- this shortfall and address the issue of where of their first tasks must be to disarm the nians be kept in check? Who is going to foot the money to pay for our involvement is to KLA. Many in the KLA have said they will the bill for all this? European nations? come from. They have not yet done so and not give up their weapons. An armed KLA How and by whom will the issue of war time is short. will be a time bomb in the way of progress crimes be addressed? A terrible job on this A strong NATO involvement, with solid toward peace. Providing safeguards for Serbs issue has been done in Bosnia. Known war U.S. participation, will be an important part in Kosovo is an important part of the peace criminals have not been pursued after more of any workable solution to this mess. There process. than three years. Reconciliation is an impor- is a story making the rounds of NATO forces 6. Efforts thus far to build a lasting peace tant ingredient to lasting peace but terrible where an American general, about to depart in Bosnia have come up short. Not only must acts have been committed and justice must the region asks his NATO counterpart how more be done there but the lessons learned be served. The principal perpetrator of injus- many U.S. troops must remain to ensure must be applied to Kosovo. The military tice and brutality has been Serbian Presi- safety and success of the mission. The NATO presence in Bosnia has done the job of ending dent Slobodan Milosevic. What about him? commander responds, ‘‘Only one, but he killing and brutality as it likely will in The White House and the present adminis- must be at the very front’’. This is only a Kosovo, but the peace-building effort of rec- tration are deserving of some sharp criticism story told in good humor but it makes the onciliation and creating an interdependent for allowing conditions to get where they are point that U.S. presence is key—perhaps society and effective marketplace and eco- today. vital. nomic trade system has not gotten off the There appear to be few lessons this admin- It is not without irony that the one key ground. istration has learned from the painful expe- player omitted from the contact group meet- 7. Lasting peace in the Balkans will not rience of Bosnia. Our government waited too ings in France is a NATO representative. The occur while Serbian President Slobodan long to get involved and, once engaged, has irony deepens when the presence on the con- Milosevic is in power. A just and permanent been somewhat ineffective. Too many died in tact group of chronic problem-makers Russia way for him to step down must be found. The Bosnia during this delay. While committing and France is noted. longer he remains, the longer turmoil, un- troops to the region for one year (now over Frankly, the U.S. Congress has also had rest and killing will continue in eastern Eu- three years with no end in sight) has indeed too little involvement in this Balkan proc- rope. halted killing, at least temporarily, Bosnia ess. The administration has done and contin- 8. American and other workers and offi- is no further along toward peaceful self suffi- ues to do a poor job in dealing with these cials of all nations present in Kosovo (dip- ciency than when troops arrived. Rather, it issues. Consultation with the Congress does lomats, United Nations, NGOs, contract is as though there is merely a pause in time. not appear to have been a major concern to workers, humanitarian care-givers and oth- If our troops leave, hostility and brutality the White House. While foreign policy is ers) are true heros. They risk their lives would likely resume. Little infrastructure is largely the prerogative of the President, daily to make life a little better for the peo- being created. Railroads are not running. American lives are being placed at risk in a ple in Kosovo and we should all pray for Little economic development or growth is far-off land and untold dollars are being them. I happened to see a warning sign post- emerging. No lasting plan for peace has been committed to this effort. Congress has a role ed in a U.N. office talking about mines. In and must participate in this debate. Congres- developed and no interdependent community part, it said. ‘‘There is strong evidence to sional hearings to explore all aspects of this has been created which would make undesir- suggest some police posts have had anti-per- situation are in order. able, a return to conflict. Little has been sonnel mines placed near them . . . . All staff done to bring about reconciliation. CONCLUSIONS AND RECOMMENDATIONS are asked to be extremely cautious when in Meanwhile, as we look at our overall U.S. 1. If there is a signed peace agreement in the vicinity. . .’’ Yet these men and women military capabilities throughout the world, Rambouillet, it could be necessary to com- go about their daily duties with dedication we see that this administration has drawn mit U.S. troops to the Kosovo peace effort. I and care for others in spite of the harm that down U.S. military strength to the level make this recommendation with reluctance is just a step away. where there are now insufficient forces to but, without U.S. troops, peacekeeping won’t 9. The foreign policy of this administration meet today’s needs. When I met with our sol- work. The U.S. is both the leader of the continues to come up short and is deserving diers in the Balkan region I found many who world and of NATO. If NATO is involved, we of sharp criticism. America is the one re- have gone from one deployment to another must be a part of the effort or it will fail. maining superpower and, like it or not, must without time to be home with their families. NATO’s 50th anniversary is later this spring assume this responsibility. Unfolding events The troopers I met on the Kosovo border are and there will be a large celebration in the continue to point to the absence of a coher- assigned to a battalion on its third deploy- U.S. Kosovo will be a big test for this impor- ent idea of what to do and how to do it. ment in three years. tant alliance. While we should have already developed a There are no better soldiers anywhere in 2. There are many differences between the peace-making strategy and an exit strategy, the world than these and their morale is situation existing several years ago in Bos- the participants at Rambouillet remain un- high. They are ready to do what is expected nia and what is happening today in Kosovo. able to even get things started. of them and more. But they are not being Still, thousands died in Bosnia including too 10. President Clinton has done a poor job of treated fairly. Pay and benefits have been al- many women and children before NATO making the case to the American people for lowed to deteriorate. The tempo of oper- troops including a large contingent of U.S. U.S. involvement in this conflict which also ations has grown to the point where they soldiers moved in and put an end to the kill- has a significant moral aspect to it. While have too little time at home. There are just ing. Had not NATO peacekeepers acted over the U.S. cannot be involved all over the not sufficient forces to do all the things they three years ago, the killing might still be world, we are a member of NATO which deals are expected to do. According to the Feb- going on today. Without the commitment of with peace and stability in Europe. Kosovo is ruary 17, Washington Post, the Secretary of U.S. troops, a NATO peacekeeping interven- a part of Europe and its destabilization could the Army’s answer is to lower standards and tion might not even have been attempted. create a huge refugee population there. recruit high school drop-outs. Turning his We may wish this were not so, but it is. Per- Fighting could even break out elsewhere if back on history, this official has unwisely haps things can change in the future but this this issue is not dealt with early and effec- decided upon another social experiment is today’s reality. tively. America has been blessed with peace rather than dealing fairly with the shortfall. 3. U.S. troops are stretched too thin and and prosperity. In the Bible, it says that to From 1990 to 1998 the armed forces went are not being treated fairly. Pay and allow- whom much is given, much is expected and from 18 active army divisions to eight. The ances are inadequate, the tempo of oper- there is an obligation on our part to be a par- navy battle force went from 546 ships to 346. ations is far too high (we just need a larger ticipant in the search for solutions in this Air force fighter wings decreased from 36 to military force to face the tasks they have troubled spot. 20. Discretionary defense budget outlays will been given) and we are not giving our first 11. I would like to conclude on a personal decrease 31 percent in the ten years begin- class military men and women the tools they note to thank all of those who assisted me ning 1990. Service chiefs predict FY 1999 am- need to do the job. The administration needs on this mission. I am especially grateful to munition shortages for the army of $1.7B and to take better care of our soldiers, sailors, U.S. Ambassador Marisa Lino and her staff, $193M for the marines. These statistics are marines and airmen. Congress should force foreign service officer Charles Stonecipher just the tip of the iceberg. There is compel- this issue. who assisted me in Macedonia, foreign serv- ling evidence that, in the face of a huge in- 4. Special attention must be paid to the ice officer Ron Capps whose knowledge and crease in troop deployments (26 troop deploy- Kosovo Liberation Army (KLA). While many, concern was of great help in Kosovo and U.S. ments between 1991 and 1998 by the army’s perhaps most, are common people whose in- Army Lieutenant Colonel Mike Prendergast own count), this administration has not terest is defending their families, their who traveled with me. I appreciate their in- made the investment to give our fighting homes and themselves, the army is not with- valuable assistance. out a rogue element. There is no clearly es- men and women the tools to do the job asked Mr. TURNER. Mr. Chairman, I move of them. tablished and proven civilian government The fact that the men and women in uni- and there is no line of authority/responsibil- to strike the requisite number of form are bending to their task is to their ity between the KLA and a representative words. credit, but it is past time to give them what government. Without control, the KLA could Mr. Chairman, I returned Monday they need and stop driving them into the get out of hand. from Bosnia with a group from the March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1239 Committee on Armed Services led by that is being negotiated as we speak to force an agreement, and then we the chairman, the gentleman from Vir- with our NATO allies. would be putting our troops in to mon- ginia (Mr. BATEMAN). For those in Bos- These limits are appropriate for two itor an agreement that recent evidence nia, our troops tonight who may very reasons. First, our European NATO al- has suggested neither side wants. It is well be listening to this debate, I want lies should properly bear the lion’s for that reason that I think our col- to say that we were very much im- share of this peacekeeping mission, and league, Mrs. FOWLER from Florida, has pressed with the spirit and with the they understand that. the right approach, that the case has quality of our troops. An all-volunteer Second, these limits are ones that I not been made in favor of this use of force, war fighters at their best, are think in the Balkan region represents force. keeping peace tonight in Bosnia. the maximum commitment that we I do wish to comment very favorably I rise in opposition to the Fowler should have, considering our current on the Speaker of the House and what amendment for four reasons. total troop strength and the need to I consider a remarkable act of courage First of all, the Fowler amendment maintain our readiness to address and statesmanship, on his part, to would jeopardize the potential for suc- threats to our national interest in bring the matter before the House so cess of the current peace negotiations other parts of the world. Yes, there is a that we could debate it before the use that will reconvene in France in just a cost to keeping peace, but its cost is of force is commenced. Speaker few days. It strengthens Milosevic’s far less than the costs of war. HASTERT did what no other Speaker hand, and it will harden his resolve not In this world which grows ever small- under whom I have served has done, to cooperate with the negotiators. er, peace and security in the Balkan re- and he deserves credit. He realized that Second, the Fowler amendment turns gion is in our national interest, and is the Constitution requires that only the our back on our NATO allies, and it re- consistent with our moral and political Congress has the right to declare war. linquishes an important leadership role leadership. We must not tell the young Mr. Chairman, if the United States that we have always exercised in that sergeant that I spoke to in Bosnia this bombs a sovereign nation that has not alliance for over 50 years. week that his mission will be placed in attacked us, if we commit an act of Third, the Fowler amendment would jeopardy tonight by virtue of the fact war, which the administration’s own send the wrong message around the that we fail to make a commitment to- spokesman admits is what we would be world, where American resolve and ward peace in Kosovo. doing, then it would require the act of American strength is the only barrier We should not shoulder the total re- this Congress, it seems to me, to de- to those who would exercise, through sponsibility, but neither can we be a clare war, or else that constitutional the force of arms, violence and terror shrinking violet and fail to shoulder re- provision is meaningless. So the debate against their neighbors. sponsibility. Vote no on the Fowler that we have tonight is remarkable. It Finally, the Fowler amendment fails amendment. Vote yes for the reason- is to the credit of the Speaker that we to recognize that clear relationship be- able limits in the Gejdenson-Turner are having it. tween the safety of our troops in Bos- amendment. Good people will disagree on the pol- nia tonight and the developing events Mr. CAMPBELL. Mr. Chairman, I icy; I recognize that. But it is right in Kosovo. Milosevic’s hand will clear- move to strike the requisite number of that we, the people’s Representatives ly be strengthened were we to adopt words. in the people’s House, decide, and not the Fowler amendment. Mr. Chairman, the United States has when it is too late to decide, not when On February 4 of this year, in a not been attacked. Serbia in whose sov- the troops are already committed, not speech at the Baldrige Quality Awards ereign territory we recognize Kosovo to when casualties have already been Ceremony, the President set forth his be, has not invited us to enter. The taken, but in advance, which is as the four preconditions for involvement of United States would thus be exercising Constitution intended, and which guar- U.S. forces in Kosovo. force against the sovereign territory of antees the practical effect as well that He said, first, we must have a strong a country that has not attacked us, we know what it is we are embarking and effective peace agreement signed and which we recognize has the right of upon, what the likely cost will be, and by the parties. He said, we must have a sovereignty over Kosovo. whether it is the will of our Nation. commitment by the parties to imple- The proposal, apparently, is that we If, contrary to my advice, the major- ment the agreement and to cooperate bomb Serbia until they agree with this ity opinion of this body tonight is to with NATO. Third, he said we must plan. As soon as the Kosovars agree support the President’s proposal in have a permissive security environ- with us, we would commence bombing using force, then he will be far more ef- ment, with withdrawal of enough Ser- to force the Serbs to enter into this fective and stronger in that use of force bian security forces and an agreement agreement. because he will have the people’s Rep- restricting the weapons of the Kosovar If by dint of that bombing the Serbs resentatives with him. So I applaud paramilitaries. Finally, the President agree, we would then insert troops, Speaker HASTERT for allowing us to said we must have a well-defined NATO supposedly to keep the peace agree- have this debate. mission with a clear exit strategy. ment. But what kind of peace agree- I have only one final comment. There I would hope this resolution, this ment? A peace agreement that the must be some occasions, I recognize, sense of the Congress resolution that Serbs did not want, one they were when it would be legitimate to use we are considering tonight, would have bombed into accepting, a peace agree- force against another sovereign that no less. ment that requires us to disarm the has not attacked us. My personal belief The Gejdenson-Turner amendment Kosovars, a task that they do not wish is that genocide would constitute such which is before this body, which the us to perform. a case. gentlewoman from Florida (Mrs. And there they would be—United I have done my very best to research, Fowler) is attempting to amend, our States troops, on the territory of a and what I believe is happening in amendment requires that there be rea- country that did not attack us, com- Kosovo now is a horrible, bloody civil sonable limits on U.S. participation. mitting an act of war against that war. But I do not believe the evidence That, we think, is only fair. country. I use the term, ‘‘act of war,’’ sustains that it is an attempt by the The gentleman from Connecticut advisedly, because in the hearings of Serbians systematically and by use of (Mr. GEJDENSON) offered an amendment our committee I had the opportunity government to exterminate Albanians requiring a fair and just agreement to ask Ambassador Pickering, the on the basis of their ethnic origin. It is, signed by the parties before any U.S. President’s special adviser and dele- in other words, not genocide—where I troop involvement. I offered an amend- gate on this issue, whether bombing a would say it is permissible to use force ment to limit our troop participation part of another sovereign country against another sovereign. to 15 percent of the total NATO force. would be an act of war. The CHAIRMAN. The time of the This is not a number that came out of gentleman from California (Mr. CAMP- b 1945 the air. This is a number that the BELL) has expired. President acknowledged and that our He said he thought that it would. So (On request of Mr. HASTINGS of Flor- military leaders have acknowledged we would be committing an act of war ida, and by unanimous consent, Mr. H1240 CONGRESSIONAL RECORD — HOUSE March 11, 1999

CAMPBELL was allowed to proceed for 1 They executed 45 people, men, women, The administration continues to seek additional minute.) and children. emergency funding and shifting defense Mr. CAMPBELL. Mr. Chairman, I Sadly, my colleagues, we have seen funds away from our troops and away yield to the gentleman from Florida this before. What we are witnessing is from our readiness in pursuit of an un- (Mr. HASTINGS). the nightmare of Bosnia all over again. determined policy and unstated goals. Mr. HASTINGS of Florida. Mr. Chair- Now the world has a chance to stop What are the vital interests of the man, I thank my distinguished col- this genocidal war before it goes any United States today in Kosovo? The league, the gentleman from California, further, before the carnage spreads, be- President has failed to enunciate a a member of the committee, for yield- fore it ignites into an even broader re- clear and compelling reason for our in- ing to me. gional conflict. But that chance, that volvement. What are our objectives? Mr. Chairman, I cannot quarrel with chance depends on the outcome of the The administration has failed to enun- the basic premise. The gentleman an- peace negotiations. ciate a clear exit strategy, really criti- swered the question I was going to put So what will happen if we vote for cal, no exit strategy. to him with reference to genocide. He this amendment before us this evening? This Congress should officially notify and I were in the hearing yesterday If we vote for this amendment, we will the President that there will be no when Senator DOLE talked about the undermine those peace talks now tee- money for any military adventure personal experience where Albanian tering between success and failure. If without express authorization by Con- homes were destroyed, and Serbian we vote for this amendment, we will gress. We must not allow the constitu- homes were standing. His comment take away NATO’s bite and leave it tional authority of Congress to declare was, ‘‘It does not take me to be a rock- gnashing its gums as Milosevic taunts war to be undermined again by the ad- et scientist to recognize what is going our indecision. ministration. We have a responsibility on.’’ If we vote for this amendment, to ensure that, before we take military The gentleman from California and I Milosevic will continue to butcher in- action against a sovereign nation, this have a disagreement as to genocide. nocent people based solely on their eth- Congress either authorizes or refuses to Would the gentleman agree that, if nic heritage and their desire to live authorize that action. genocide is in fact occurring, or at free. If we vote for this amendment, Mr. PAYNE. Mr. Chairman, I move to some other time the international and these negotiations falter, the cost strike the requisite number of words. Mr. Chairman, let me say that there community does deign that genocide is will only rise in dollars, in sweat, in are many, many difficult decisions that occurring, that it would be appropriate tears, and, yes, in blood. we have to make in our lifetime. I for us to respond in that instance? This crisis will not disappear because think that, when the world is looking Mr. CAMPBELL. Mr. Chairman, re- we simply close our eyes or turn our for leadership, it puts one in a position claiming my time, I do. As one exam- heads. We made that mistake in Bosnia because, if one is a leader, one is ex- ple, let me put on the record I believe until, finally, after coming to this pected simply to lead. that our country should, at least, have floor, week after week, month after When people say what is our interest assisted African countries in an effort month, we finally convinced people to there in central Europe, I think that, if to end the genocide in Rwanda, but we stop the carnage. we start to remember what our country turned our back to our shame, and, to Are we going to let things get that stood for for many, many years, we their shame, so did the rest of the bad, tens of thousands dead, thousands were the place that had the Statute of world. of women raped, lives destroyed before Liberty, we were the place that the Mr. BONIOR. Mr. Chairman, I move we take action here tonight, today? Is whole world looked to for leadership, to strike the requisite number of this the kind of American leadership we were the place that we could stand words. we want for the 21st Century? If these proud and tall and say in justice any- Mr. Chairman, as we debate this reso- negotiations fail because of our actions where is in justice everywhere. lution, thousands of refugees from today, how long can we stand idle? We should attempt to keep stability Kosovo are trudging down muddy Will the United States merely wring in the world. Perhaps it is not a good roads, they are shivering in sodden its hands as the flames of this war position to be the strongest Nation in tents, and they are mourning the mur- spread to Albania and Macedonia and the world. Perhaps if we were weaker, der of their families. Greece and perhaps Turkey? we would not have this responsibility. These are innocent people, farmers, Even as we are here tonight, even as But I do not know how we could sup- teachers, shopkeepers, young children, we speak, Milosevic has been port NATO for decades and decades and aged grandparents, people whose only emboldened. Serb troops are crossing then, when there gets to be a little hope in this genocidal war is that we the Kosovo border. Tanks are pounding tough situation, we say we should not can muster the will, that we can mus- villages, helpless villages; and refugees participate, we should not be a part of ter the will to force Slobodan Milosevic are running, literally running for their this. to stop the slaughter. lives. No, I do not like to see our young The list of atrocities grows almost We have a chance tonight. Vote ‘‘no’’ men go off to foreign places and to be every day. In today’s New York Times, on this amendment and say ‘‘yes’’ to put into harm’s way. But if we are a there is a picture of an elderly the Gejdenson resolution for peace. If Nation of leaders, if we are the world’s Kosovar, tending to the body of his 22- we do not, we will face an even higher leader, then people are really looking year-old cousin shot dead by Serbs in a cost in the months and the years for us to participate in keeping this raid on his village. ahead. Let us tonight live up to our re- world together. Aid workers are still looking for hun- sponsibilities, not just as Americans, We attempted to have intervention in dreds of his neighbors. They dis- but as human beings, as moral, com- Rwanda at the beginning of an ethnic appeared into the hills as the Serbs passionate people who cannot and will cleansing, but the U.N. said the U.S. slaughtered their farm animals and set not tolerate, yes, genocide. Vote ‘‘no’’ was not really pushing it. We are not their homes on fire. on this amendment. sure this is genocide. Then we waited, This is a war of terror. This war of Mr. METCALF. Mr. Chairman, I and we waited, and close to a million ethnic cleansing has been escalating move to strike the requisite number of people were killed. for more than a year. Two thousand words. We showed no leadership. We were ethnic Albanians have died and some Mr. Chairman, I rise to speak in not even asking for American troops to 400,000 have been forced to abandon favor of the amendment. Our policy in go there but simply to bring in troops their homes. It is no wonder they flee Bosnia has been a failure, with one bro- from African countries that were will- in terror. ken promise to our troops after an- ing to go to get between the combat- Earlier this year, Serbian special po- other. Remember when they were sent ants and the innocent people. lice forces stormed the village of there, they were to be there less than 1 So here we are talking about having Racak. According to the Human Rights year. an agreement signed and simply to Watch, they had ‘‘direct orders to kill The operations in Bosnia have cost have our people there trying to keep village inhabitants over the age of 15.’’ over $10 billion that we can ill-afford. the peace because the same way that March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1241 we went from one to a million in Rwan- the same Members who voted against humanitarian missions. That is why I da, if this conflict goes beyond borders, the use of force when I was in the Gulf am torn inside, because I disagree with we will have people lining up on all War. Now, I will keep record of that, the policies. But I am not going to un- sides. and I am remembering that I asked dercut General Wesley Clark when he So I think that we have actually a others to be just as curious about their meets with Milosevic on the ground. responsibility as a world leader or we motives as I am. So I have to rise in support of the should simply become a force to simply The second point I would like to base bill and in opposition to the defend our borders. Maybe we should make is on the matter of foreign pol- Gejdenson amendment and in opposi- even start to reduce the size of our icy. Here is the disagreement. I believe tion to the Fowler amendment. forces just to be here to protect our the United States, as the world’s super- Mr. KIND. Mr. Chairman, I move to borders. power, should have a policy of restraint strike the requisite number of words. Mr. Chairman, I rise tonight in sup- b 2000 in international conflict management. Regional powers should take greater port of the base resolution as well as They wanted to do that before World stability to police and manage the re- the Gejdenson amendment and in oppo- War II, a lot of isolationists. So I think gional stability, economic cohesion sition to the Fowler amendment. the thing to do is to stand up tall and and military balance of power. U.S. Our debate today and this evening to take this serious responsibility not troops should only intervene on the centers on one of the most serious and to turn our backs on our colleagues ground to ensure regional stability, not fundamental responsibilities that we around the world. intervene in civil wars which have no hold as elected representatives of a free We are a proud, strong Nation, and real threat of destabilizing a region. and open democracy, the recommenda- we need to simply behave that way in If the United States intervenes in tion to commit our military forces to a a world that is full of people who need every intercontinental conflict, in hostile or potentially hostile environ- to know that there is a higher order, every corner of the world, then the ment. there is someone else who is around in United States becomes the world’s I respect the fact that we as Members order to keep the peace, so to speak. guarantor of global security and such of this body should debate this issue So I would strongly urge the support action enables the regional powers to fully. I am, however, concerned that of the Gejdenson amendment. I think it escape their regional responsibilities. the timing of this debate is suspect is the right thing to do. It is a tough This leads to the second point of curi- and, in fact, is very dangerous and can thing to do, but I think when things osity. undermine the peace process that the get tough, that is the time we have to Since when did genocide become the administration has been engaged in in stand up with our back straight and standard for us to commit ground the Balkan region for some time. our head held high and we move for- troops around the world? That is not Former Senate majority leader Bob ward, as this great Nation has done in the standard. It needs to be tied to Dole, who recently returned from the the past, and I think that we will, of vital national security interests. peace negotiations in the Kosovo re- course, be called upon to do this again Now, here is my difficulty. My dif- gion, testified yesterday that Congress in the future. ficulty is, having authored three bills, should wait to debate the deployment Mr. BUYER. Mr. Chairman, I move to for which my colleagues have sup- of American troops there until an strike the requisite number of words. ported on this floor with regard to Bos- agreement between the parties in the Mr. Chairman, I rise here in support nia, I have told the President of the region has first, in fact, been reached. of the base bill, I rise in opposition to United States I will not be the barking In fact, Secretary of State Madeleine the Fowler amendment, and I rise in dog. I will be his constructive critic. Albright has said the same exact thing. opposition to the Gejdenson amend- And let me talk to my Republican Delicate negotiations continue to take ment. Now I need to explain myself to colleagues. I believe we are going to place in Europe, even as we debate this my colleagues, and let me do it in this have a Republican president and we are today. manner. going to inherit this in 2001. So we need There is a plan to have the sides First, I am going to compliment the to ask these questions: How do we get meet in 1 week to try to work out an Speaker, because I think debate on this America out of the box? How do we agreement. And over the last few days issue is timely and is appropriate. I turn this over to the European allies? hopes have been raised that such an think some of the arguments I have How do we ensure that our regional al- agreement may be possible, even as heard today are out of place. And the lies lead on the ground? We do that by heavy weapons pour into the area and reason I say out of place is because I ensuring that the time lines of success shelling wracks the countryside. I recall the good debate we had in this for the simple implementation of the would hope that this body would give House where over 315 Members voted Dayton Accords are met appropriately. those negotiators every opportunity to for a Buyer-McHale resolution about We make sure the leaders of the peace, develop a working peace plan. I am the Dayton Accords prior to the sign- who are leaders of the war, begin to concerned our actions may, instead, ing of the Dayton Accords, which said focus on what brings them together in- give the impression to warmongers in do not send in ground troops to Bosnia stead of their differences. former Yugoslavia that American lead- as the predicate to peace. We had a We also have to recognize Milosevic ership is divided and its resolve is very good debate here on the floor and what he is. There are some of us weak. Such an impression, I am afraid, prior to the Dayton Accords. who have been there and have spoken will only encourage fanatical oppor- So we are having a second debate to Milosevic. I have sat on the couch tunists to continue their violence and prior to a signing of a peace accord, and looked him in the eye, and I could terrorize the innocent noncombatant and if there is something good that not help but sense that I was talking to residents of Kosovo. comes out of this discussion that can a Hitler-type himself. Now, that leads I hope our debate today is truly help frame that peace accord, all the me to something that we had better based, as has been stated numerous better. So I think it is a hollow argu- think long and hard about, and that is times today, on the desire to have an ment to be talking about timing. when the President of the United open discussion of American foreign The second point I would like to States sends the Supreme Allied Com- policy. It has been said in the past that make is a matter of policy. I think mander in to see Milosevic, we better politics should stop at water’s edge, there is a policy disagreement in this think long and hard before we undercut and I would hope that in the context of House on both sides of the aisle, from a United States general on the ground. this debate that that statement is some, with the present administra- Now, that is where I come down pain- more true today than even in the past. tion’s policies. fully on this. Painfully, because I dis- During my first term in office, Mr. There are two things that are rather agree with the administration’s foreign Chairman, in fact, last spring I had the curious to me. It is rather curious to policy. I disagree how they utilize the honor to go over to Bosnia and to visit hear Members come to the well in sup- force to these open-ended commit- our troops and the military leaders, port of using U.S. ground troops for a ments around the world, as if we can and even the residents of a war torn re- humanitarian mission when they were only justify the use of the military for gion. I wish every American in this H1242 CONGRESSIONAL RECORD — HOUSE March 11, 1999 country had the opportunity to go over America resounds with particular No, this will go on and on, and we there and experience the pride that I strength and emphasis. will spend tens of billions of dollars in felt in meeting with the young men The CHAIRMAN. The time of the the Balkans. Our people around the and women in American uniforms who gentleman from Wisconsin (Mr. KIND) world, who are putting their lives on are carrying out a very dangerous and has expired. the line for us, will be put in great a very difficult policy in a distant land. (By unanimous consent, Mr. KIND jeopardy because we did not have the They are proud of their work and show was allowed to proceed for 1 additional courage to say that, in the post-Cold great professionalism and integrity. minute.) War world, maintaining stability in They are committed to carrying out Mr. KIND. Mr. Chairman, let us be Europe is the job of the Europeans. the tasks that we have asked them to certain we are speaking with sincerity And while we tip our hat to NATO with honor and pride. today, because there is no doubt that and say they did a good job during the In fact, the killing has stopped, and what we say here will be heard across Cold War, and thank God NATO was peace does have a chance now. Demo- the oceans and will be acted upon, one there because it prevented the Rus- cratic institutions are being created way or the other. sians from sweeping across Western when, just a few short years ago, there Our leadership for freedom and de- Europe and creating a war, that the job were genocidal practices being con- mocracy in the world is at stake, our of NATO has been done, thank God, our leadership in the NATO alliance is very ducted in Bosnia. They feel like their hats off to NATO, but through some much at stake. In fact, I would submit, mission means something. They have nostalgic attachment to NATO that we that the very credibility and the jus- stopped the killing. They are instruct- are going to commit our treasury and tification for the existence of NATO is ing young children who, just a few the lives of our young people to main- at stake on how well we negotiate years ago, were playing in mine fields taining stability for Europe, and in the peace agreements in this very impor- and getting maimed by the explosion of far stretches of Eastern Europe at that, tant historical region in the Balkans. mines, where it is safe for them to I hope and pray our message here is ridiculous and we are not standing play. today encourages action that is posi- by the people we need to stand by. It is an incredible testament to the tive and peaceful and brings a tor- b 2015 leadership the United States has shown mented region to the brink of freedom, in this war torn region. I would hope First and foremost we need to make rather than to the brink of war once sure that if we send our military out, that we view the success that we have again. attained so far in Bosnia as a possibil- we give them the weapons they need, Mr. ROHRABACHER. Mr. Chairman, we give them the support they need or ity to achieve that type of success in I move to strike the requisite number the entire Balkan region, including we do not send them. We are doing that of words. throughout the world today because we Kosovo. The gentleman from Wisconsin just are stretching ourselves too thin. I support our troops serving this Na- noted that he had visited our troops in This has been an historic debate and tion’s interests throughout the world, Bosnia, and it has been noted here in I am proud tonight to rise in support of and I support the peace process in Bosnia there have not been any casual- the Fowler amendment and opposed to Kosovo. If needed, I will support a well- ties. Let me say I have visited troops any new deployment of troops in the planned use of troops to assist in main- in the last few months as well and taining the peace in that region that American troops are stretched thin Balkans. This is an historic debate. We has been the spark of continental and throughout the world, whether it is in can be proud of this debate. There have worldwide conflict in the not-so-dis- the Persian Gulf or whether it is in been high points, but there have been tant past. It is in the Nation’s interest Asia. some low points. Let me first say what to work with our European allies to We have a situation where thousands the low point is. The low point to me is prevent the Kosovo region from desta- of American military personnel lives that there have been some suggestions bilizing and drawing the Balkan region are on the line. They are being put in here by Members, and I do not know into further armed conflict. jeopardy because we do not know how what it is by this body but some people But I submit that the debate we are to say no. We do not know how to lay cannot disagree without trying to im- having today is premature. I would like or to set the parameters. Has our in- pugn the motives of those who disagree to first see a detailed plan and objec- volvement in the Balkans so far been with them. Any suggestion that those tive goals that the administration es- worth the $12 billion that we have of us who are opposing yet another de- tablishes in that region before we in- spent and the stretching out of our ployment of American troops in the troduce U.S. men and women in U.S. military forces? Balkans, that we are in some way po- uniforms in that region, so we know Yes, we have been lucky that there litically motivated, that we are just when we can withdraw them again has not been a major crisis. But had doing this to attack the President or from that region. there been a major crisis during this something, that argument is not fit for Such a conflict that now exists there time period, yes, we can be proud of this debate, this great historic debate poses a humanitarian threat to inno- those military guys that were there, where we are trying to define what cent civilians and a political threat to and they have done a good job, but the America’s role will be in the post Cold the struggling independent nations fact is that $12 billion that we have War world. There are conservatives and emerging from the Cold War. The spent, and stretching our forces in that liberals, there are Democrats and Re- United States will be impacted by all way, could have resulted in a catas- publicans on both sides of this issue. these threats and preventive action is trophe. We are talking about the loss We will see that when the vote comes, the best way to protect our interests of thousands of American lives. But we because we are trying to define what there. have been lucky. We have been very our country will stand for and what we The reality is that our Nation holds a lucky. I do not think we can try this will do in the years ahead. unique position in worldwide affairs, again. During the Cold War it was easy. We whether we like it or not. Most major We were told that the Bosnia oper- had Ronald Reagan defining everything peace accords in recent years have re- ation was going to be 1 year and $2 bil- for us, it polarized everybody, every- quired a deeply involved American lion, and it has been 5 years and $12 bil- body knew what the arguments were, presence and American negotiators at lion and counting. And this peace ac- where we were going to stand. Well, it the table. Just a few weeks ago forces cord, the one we are being asked to is not that way anymore. It is fitting in Kosovo indicated that international support now, the plans are not even that now when we are outside of a Cold peacekeeping efforts will have little down yet. Do any of us doubt this is War setting that the power comes back credibility unless the United States is going to cost more than $2 billion? Do to us, the elected representatives of the intimately involved in carrying out any of us doubt that 3-year time pe- people of the United States to deter- that mission. riod? They do not even have a plan yet mine what our policies will be. I say When the international community that encompasses something that the yes, there is genocide all over the speaks out against brutality and tyr- Kosovars themselves, not to mention world, and we have heard these ac- anny, the voice of the United States of Milosevic, could accept? counts. I am the first one to admit that March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1243 the Serbians are engaged in genocide around the world which is represented thing other than treating a symptom, and atrocities. And yes, there have by the words and actions of our Presi- not the disease. been genocide and atrocities on both dent, the Secretary of State, a re- It was back in 1987 that Milosevic re- sides. However, they are the bad guys. spected leader of the other party, Bob alized that iron control, if you want to The CHAIRMAN. The time of the Dole; listen to the words of Jeane Kirk- call it that, over Kosovo was his gentleman from California (Mr. ROHR- patrick when she suggests that this springboard to power. He exercised ABACHER) has expired. resolution should be supported. that control, and by 1991, the former (By unanimous consent, Mr. ROHR- Clearly no one who wanted to weaken Yugoslavia splitting up, in part be- ABACHER was allowed to proceed for 2 Bill Clinton should use this as the op- cause they saw what was happening in additional minutes.) portunity. For those who would look at Kosovo. Therefore, an agreement that Mr. ROHRABACHER. Let us debate what is taking place in the Balkans, keeps Kosovo as a part of Serbia and this issue honestly, Mr. Chairman. genocide, yes. Women, tens of thou- disarms the Kosovars to me is a recipe What are the parameters? Are we going sands, hundreds of thousands, raped. not for peace but for future conflict. It to send troops everywhere where geno- Our efforts in Bosnia are something is an agreement that keeps the cause, cide is committed? No, that is obvi- that this Nation should be, and I be- the real problem here, as the real prob- ously not the case. Why then do we de- lieve is, very proud of. The Kosovo cir- lem; that is, it is an agreement that termine the Balkans is the case, when cumstance threatens the entire oper- keeps Milosevic in power. in Africa and other places around the ation in Bosnia. Two, I would say we need to be delib- world surely tens of thousands of peo- So this evening as we come, I would erative about this, because lasting ple are dying in a similar fashion? No, hope that each of us would bear our peace requires either good faith or a in the Balkans, actually this should be burden as well as those who wear the victor. This agreement would give us the job of the Europeans. We are told, uniform and represent us throughout neither one. I mean, the Kosovar Lib- ‘‘They won’t do it.’’ It is their job now this world as members of our armed eration Army wants full independence that the Cold War is over. The United forces. Let us as Members of Congress for Kosovo. Milosevic has built his States of America shouldered its share bear the burden of being Americans, power, has built a large part of his rise of the burden for stability in the whole understanding that we do have an un- to power on subjugation of Kosovo. world in this century. In the First equal share of responsibility in this What we have, therefore, is no victor World War we went to Europe to save world because we come to this question and certainly no good will. them. In the Second World War we with unequal power. And with that If we look back to the 1300s, we see fought the Japanese and the Nazis, and power there is the question: Since we not exactly a lot of good will in this in the last four decades we have had to have the power, what do we do with it part of the world. We leave both ingre- carry the burden of the Cold War. Yet at a moment of crisis? What do we do dients in place which to me again we carried that and we carried it to when human beings are threatened or would be a recipe for building an agree- victory and the world has a better murdered and are suffering? What do ment, basically building an agreement chance for peace today. But it will not we do when we would have tens of on sand, building an agreement that I be a peace where Americans have to thousands of our troops right nearby think would lead to future disaster. continue garrisoning the entire planet but refuse to lift a hand and to lift a Third, I would say this agreement, for the sake of stability. We must set finger to save the innocent lives of the idea of sending 4,000 troops into the parameters or we will lose the women and children and others? I that part of the world is something peace because we have not been willing would hope that this Congress would that does not pass the mommy test. to meet the challenges that we can rise to the occasion, bear our burden The mommy test to me would be if face. and support the appropriate policy and somebody was killed in the line of duty I ask for support for the Fowler stand by this President but, more im- and the mother of that son or that amendment. portant, stand by America’s principles. daughter was in my district and I had Mr. FATTAH. Mr. Chairman, I move Mr. SANFORD. Mr. Chairman, I to go back and explain that your son or to strike the requisite number of move to strike the requisite number of your daughter died for the right rea- words. words. sons, to me that would mean more Mr. Chairman, I rise in support of the Mr. Chairman, I rise in support of the than just a strategic interest to the Gilman resolution and also the Gejden- Fowler amendment because it does United States, because we have a lot of son amendment. Let me agree with my what Congress is asked to do and, that strategic interests around the globe. It colleague, the previous speaker, when is, it asks us to be deliberative. We are would also mean that that son or that he says that there has indeed been a deliberative body. It slows us down to daughter’s death would have been part genocide perpetrated by the Serbs in look at what is really going on in that of leading to change, that it would the Balkans. part of the world and what should have led to some real action. Again, Let me say that, obviously when one America’s involvement be over there. that is not what we have here. Because would concur with such an assertion, I think that this amendment makes if we are signing an agreement that one would have to therefore be pre- sense and that the policy of engage- some people have equated to Hitler, pared to support the notion that the ment in Kosovo, by sending 4,000 Amer- some people have equated to Saddam only remaining superpower in the ican troops onto the ground there, is Hussein, I mean, clearly a very bad world, the nation that has the strong- not one that makes sense. guy, is that an agreement that we are est, most well-prepared, well-trained, First, because doing so is treating going to really trust? Is that a lasting well-equipped military force anywhere the symptom and not the disease and, thing? Most people would say if we in the world, that we have a respon- therefore, as my colleague from Geor- signed an agreement with Saddam Hus- sibility. And that as we come to this gia would realize and know, it is some- sein, we would not really trust that debate this evening, I would also like thing that does not cure the patient. agreement. In fact that has been prov- to agree with the previous speaker that What I mean by that is that if you had en in the Persian Gulf. If you sign an I am sure that no one’s motives this cancer and were given aspirin, you agreement with Hitler, would you trust evening could be political. One could might feel a little bit better but you that agreement as a lasting instru- not be seeking to weaken the President would not be healed. If you were bleed- ment? No, you would not. That is what of the United States, because the ac- ing because you were in a car wreck this would be doing. tion if we were this evening to do in and got one of my kid’s band-aids to I would say, fourthly, this idea does some unwise fashion, and that is to patch you up, you might feel a little not make sense because the domino vote for the Fowler amendment, would bit better but you would not be healed. theory has long been disproven. Clark not just weaken the President of the Milosevic is the problem in that part of Clifford was sent by President Johnson United States, it would weaken NATO the world. Until that problem is fixed, down to Vietnam for the very reason in which this country has invested so you can have all the agreements you that is being described as one of the much, it would weaken the United want, you can send all the troops you reasons we need to go to Kosovo, and, States of America and its reputation want, but you will not be doing any- that was, if we do not do something, H1244 CONGRESSIONAL RECORD — HOUSE March 11, 1999 this could escalate, this could really with what their role is, and then at the strip of road. How can you fine me grow. That was disproven there. In fact appropriate time call the House back today because I was speeding all those Kissinger came and spoke before our in to address the question of whether other times and I was never appre- committee yesterday and what he or not U.S. troops should be part of any hended?’’ Past violations do not justify talked about was people did not ana- peace agreement in Kosovo. a present violation. lyze the cost of involvement and the Do not do it before. Do not try and The country to which the President duration of involvement when they cut the legs out from under the admin- proposes to send our troops is a sov- sent people to Vietnam. Are we analyz- istration while they are trying to nego- ereign state. This is not an emergency. ing that now? tiate some deal. Let them negotiate There is no one in the Congress that I Lastly, I would pick up on what the the deal, let them bring it back to the know of who wants to limit the power gentleman from California (Mr. CAMP- Congress, let us decide whether or not of the President to commit our troops BELL) was saying, who incidentally was it is a good deal. in a true emergency. This is not an a constitutional lawyer and taught That is how we should do things, and emergency. There is plenty of time to constitutional law at Stanford Univer- I would just remind Members I did not debate it, and I am very pleased that sity, and, that is, it is the Congress’ have the honor or the pleasure of serv- we are having this debate. role to declare war. Sending troops ing in this body back in the 1980s, al- What is going on in that country is a into somebody else’s sovereign terri- though I was staff back here during civil war. No one will argue but what tory or bombing a sovereign territory part of that time, but some of the atrocities are being committed. That is clearly an act of war and, therefore, Members were. If this had been done being true, the correct course of action it does need our signature. when Ronald Reagan was President, is to bring the offenders to the bar of With that, I would say again, I would Members would have been accused of justice. There is a war crimes tribunal; ask this body to support the Fowler treason for undercutting the adminis- that is where they should be brought. amendment. tration while they were trying to con- Sending our troops there will not solve Mr. BENTSEN. Mr. Chairman, I move duct the art of foreign policy. We that problem. to strike the requisite number of should allow the Executive Branch to I know of no exit strategy. The prob- words. do what they want. If we do not like lems in Kosovo are very deep, they (Mr. BENTSEN asked and was given what they have done, we can deal with have been there a very long time, and if we stay there 2 years, or 3 years, or permission to revise and extend his re- it later. We can deal with it on a Fri- 5 years, when we leave the situation marks.) day, Saturday, Sunday, whenever, and will be exactly as it was when we came. Mr. BENTSEN. Mr. Chairman, I come if we decide we do not want them to Hostilities will continue. We will not at this from a little bit different ap- send troops, then let us do it once we have solved those problems. proach. I certainly do not seek to im- know what the deal is. Let us not come Mr. Chairman, I am very pleased that pugn the integrity of any of the Mem- up with some fig leaf resolution that is we are here debating this this evening. bers who are involved in this. I am not going to make us all feel good and we We need to debate this. We need to do on the specific committee that this can all send out a press release about it more than just debate this. We, as a came from. First of all, I think this later on. Let us let them go through Congress, need to assert our constitu- amendment is wrong, but I also think with it and come up with their agree- tional prerogatives. We really need leg- the whole consideration of the underly- ment, and then let us come back and islation that says that no President, ing text at this point in time is wrong. debate the issue, debate the terms of this President or any other President, As the gentleman from South Caro- the agreement on whether or not we can commit our troops to battle, can lina just mentioned in referencing the think U.S. troops should be involved. put our young men and women in gentleman from California and the role Mr. BARTLETT of Maryland. Mr. harm’s way, without a vote of the Con- of Congress in determining whether or Chairman, I move to strike the req- gress. not troops should be sent in anywhere, uisite number of words. We must be careful in the wording of I do agree with that. But the fact is we Mr. Chairman, I rise in support of the the legislation that does this because have got the cart ahead of the horse Fowler amendment, and I would like to we do not want to limit his ability, do here. In doing so, we are undercutting make a few comments before we vote. not want to limit his ability to commit the administration’s ability to be in- First of all, I want to emphasize what our troops in a true emergency. There volved in the working group, in the a number of others have emphasized, is clearly not time to convene the Con- contact group. I just think that is a and that is this is clearly a constitu- gress and declare war if interconti- mistake. Now, whether or not the mo- tional issue. nental ballistic missiles are headed our tives are political or not is not for me I have here a copy of the Constitu- way, and our President must have the to judge, but I just think this is a ter- tion. I do not think that it is a very ability to commit our military re- rible policy mistake. difficult decision to come to. Article I, sources in a true emergency. Neither I also do not understand exactly the Section 8 states the prerogatives of this, nor any of the very large number gentlewoman’s amendment, because I Congress in just 8 little words: The of deployments that this administra- think this is a concurrent resolution Congress shall have power to declare tion is engaged in have been an emer- but it has a strict limitation. So I war. gency, not a single one of them has gather that this amendment and the Very short, very simple. been an emergency, and there have underlying text really has no force of Article II, Section 2, uses 34 words to been more deployments during this ad- law, that this is just a piece of paper to define the prerogatives of the Presi- ministration than during the previous make us feel good. dent: The President shall be Com- 40 years. mander in Chief of the Army and Navy b 2030 This is the first time since I have of the United States and of the militia been here that we have had a debate I am very concerned about whether of the several States when called into before the action occurred except be- or not we should deploy troops to the actual service of the United States. fore going into Bosnia we did have Kosovo. I do not know if that is the It is the Congress that declares war. some sense of the Congress resolutions best policy or not. But I also know, and It is the Congress that commits the that were totally ignored by the Presi- every Member of this body knows, is troops. It is the President who is the dent. I hope this one passes with this there is no agreement yet so we do not Commander in Chief after the Congress amendment, and I hope that it is not know what the U.S. involvement will has committed the troops. ignored by the President. be, we do not know whether or not it is The fact that prior Presidents have Mr. WELDON of Pennsylvania. Mr. an agreement that we feel is right or also violated the Constitution does not Chairman, I move to strike the req- wrong, and if the leadership of the mean that we should continue to per- uisite number of words. House, I think if they want to do the mit our Presidents to do that. It is a Mr. Chairman, I rise in a very dif- right thing, they would withdraw this little bit like being hauled into traffic ficult situation for us and unfortu- bill now, allow the Executive Branch court and protesting to the judge, nately have come to a very difficult de- and the State Department to go ahead ‘‘Gee, judge, I speed every day on that cision. I have supported this President March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1245 on a number of occasions that have home and abroad. Ten times. Mr. of respect, and that specific amend- been very difficult for me, but because Chairman, in the 8 years from 1991 ment, as I understand it, limits the I believe we must support the Com- until today, we have deployed our Gejdenson amendment which tries to mander in Chief in very difficult de- troops 32 times. This will be the 33rd. define the limits of participation of the ployments. When he stood up to Sad- Mr. Chairman, none of these 32 deploy- United States in an action by NATO in dam Hussein and the Russians were ments were budgeted for up front. None Kosovo to ensure that the killing and staring us down and very upset with of them, except for the deployment to the displacement of persons will stop our position, I traveled to Moscow. I the Middle East in Desert Storm, were and that an environment will be cre- met privately with the leadership of requested by the Congress to support. ated conducive to the possibility of the Duma to convince them that they Each of the payments that were re- peace for the people of Kosovo, the peo- should understand why this Republican quired to pay for these deployments ple of Serbia and indeed the people of supports our Democrat President in his were taken out of an already decreas- the region. position with Saddam Hussein. It was ing defense budget. b 2045 the right thing, and I felt strongly Mr. Chairman, we spent $19 billion in about that position. contingency costs on these 32 deploy- The gentleman from Pennsylvania Tomorrow I will travel to Moscow a ments, 9 billion alone on Bosnia. (Mr. WELDON), however, spoke to the second time with eight of our col- Mr. Chairman, those who support the overall issue, not to the amendment, leagues, with former Defense Minister use of our troops in Kosovo had better the overall issue as to whether or not Rumsfeld, former CIA Director Wool- be prepared to start to put the funding we ought to support the President. sey, former Deputy Undersecretary of on the table to pay for these deploy- I am hopeful that this Congress does, State Bill Snyder, and we will make ments. in fact, support the President. The pre- the case on Sunday and Monday and Mr. Chairman, we are in an impos- vious speaker, the gentleman from Tuesday of why the proliferation is so sible situation now. We are not being Maryland (Mr. BARTLETT), spoke of the great that it threatens both Russian asked, we are being told for the 33rd Constitution. That issue, I would sug- people and American people. I will time that we are going to send our gest, is not relevant at this point in again underscore my support for the troops into harm’s way. We were told time, because in fact the Congress is steps being taken by this administra- in Bosnia there would be a time limit, considering whether or not to author- tion. they would be back home in a few ize the President to participate with The positions of the administration years. We were told in Haiti they would troops, with American force, in the im- are clear in those areas, and I support be back home. We have troops in Soma- plementation of a peace agreement. them, but I cannot support the inser- lia, in Haiti. We have troops in Macedo- Very frankly, Mr. Chairman, I doubt tion of troops now in Kosovo. nia. We have troops all over the con- that there is a Member on this floor Mr. Chairman, in my opinion the tinent, and the money is being taken who does not know and does not have a case is not yet been made. There has out of our defense budget because we conviction that if America does not not been a case made by this President did not have the authorization up participate, there will not be an agree- to the American people, let alone to front, we did not have a legitimate de- ment, period. If there is not an agree- this Congress, about why at this point bate on whether or not this Congress ment, the butcher of Belgrade, call it a in time we should place American supported placing our troops into civil war if you want, will continue to young people on the ground in Kosovo. harm’s way, and we are about to do it commit atrocities. We call them war At least we are having a debate, Mr. again. crimes, genocides, the elimination of a Chairman. At least we are discussing Mr. Chairman, I may support the de- people because of their ethnic or na- the pros and cons in a very careful and ployment of our troops to Kosovo, I tional origin. It occurred in Bosnia and deliberate way, and I applaud both may support the President because I we stood for too long silent. sides for the level of the debate. We want to support my Commander in My friend, the gentleman from Penn- need to debate this issue. Chief. He is my President. Even though sylvania (Mr. WELDON) had a chart. He Some are saying, Mr. Chairman, this he is not of my party, he is my leader, talked about 40 years prior to the end is not the right time. It is too delicate and I want to support him, make no of the Cold War that we had 8 deploy- of a time in the negotiations. Mr. mistake about it. ments. Do my colleagues remember Chairman, there is never a right time But this President needs to make the what two of those deployments were in to debate these issues. When is the case to us and to the American people, those 40 years? Korea, Vietnam; be- right time? After the President makes and he has not done that. This Presi- tween them, approximately 100,000 plus a decision? When our troops are on the dent needs to tell us how much it will loss of life. way in? Then we debate not to support cost, and he has not done that. This In the deployments that have oc- them? This Congress needs to play its President needs to tell us what the al- curred since 1990, we have been very appropriate role in deciding whether or lied commitment will be in hard terms, fortunate. No one would have predicted not we should take the steps to deploy and he has not done that either. Until so few losses of lives in the Persian our troops in Kosovo. he does that, we should vote no and not Gulf. Mr. Chairman, one of the things that support the deployment of troops in I have stood on this floor with some bothers me is this past week I met with Kosovo. of my colleagues, and in many of the two members of the German Bundes- Mr. HOYER. Mr. Chairman, I move to deployments the predictions of disaster tag. They came in and talked to me strike the requisite number of words. were frequent and impassioned. That about our NATO responsibility, and I Mr. Chairman, I have great respect was the case in Haiti. That was the agree with them that we need to keep and very close personal friendship with case in Bosnia, and that has been the NATO strong. But let me tell my col- the previous speaker. I have great re- case in other instances of deployment. leagues what the Bundestag members spect for his intellect and for his Yes, the United States has a unique told me, Mr. Chairman. They said in knowledge with respect to the defense role and the world, frankly, is better their vote they understood the dollar posture of the United States. He is one off because we on this floor and the amount that was being requested for of our leaders on the Committee on President of the United States and the the deployment. In fact, they author- Armed Services, and he has a view American people are prepared to accept ized 400 million Deutsche marks to pay which is based upon a very thoughtful a responsibility that we would prefer for the operation. We have no idea not analysis of the situation. not to have, but it is ours because of only what the mission is, we have no Having said that, he and I disagree our might; it is ours because of our po- idea what the dollar cost is. on this issue. sition in the world as the leader; it is Mr. Chairman, I am very sad. In the Now the specific issue, as I under- ours because we are a moral nation previous 40 years to 1991, from World stand it, that confronts us is the that acts upon its moral precepts. War II until 1991, 40 years under Demo- amendment of the gentlewoman from Are we always perfect? Of course not, crat and Republican Presidents, we de- Florida (Mrs. FOWLER), who is also my but all of us on this floor and every ployed our troops a total of 10 times at friend and for whom I have a great deal American can be proud of the fact that H1246 CONGRESSIONAL RECORD — HOUSE March 11, 1999 it is America usually, not always but Number one, to deploy troops without without intervening business on the usually, that raises the issue of human- a clear exit strategy is potentially dis- underlying amendment offered by the itarian concerns, not solely economic astrous. My good friend, the gentleman gentleman from Connecticut (Mr. or strategic concerns. from Maryland (Mr. HOYER), had talked GEJDENSON). The CHAIRMAN. The time of the about Vietnam. If we go back in his- The vote was taken by electronic de- gentleman from Maryland (Mr. HOYER) tory and see the very early days of vice, and there were—ayes 178, noes 237, has expired. Vietnam, there was clearly no exit answered ‘‘present’’ 2, not voting 16, as (On request of Mr. ROHRABACHER, and strategy; exactly what we have in front follows: by unanimous consent, Mr. HOYER was of us today. [Roll No. 48] allowed to proceed for 1 additional Number two, the administration has AYES—178 minute.) been vague, at best, about the cost of Mr. HOYER. Mr. Chairman, every Aderholt Goodling Pombo this operation. As an appropriator we Andrews Gordon Pryce (OH) one of us understands the weighty re- spent two or three hours today debat- Archer Graham Radanovich sponsibility to enable this government ing a billion dollar disaster bill for Armey Granger Ramstad to put in harm’s way young Americans Honduras. In that, we struggled to find Bachus Greenwood Reynolds and, yes, even older Americans, in the Baker Gutknecht Riley money. The budget is tight. We do not Ballenger Hall (TX) Roemer defense of freedom. have the budget just to spend money Barr Hansen Rogan John Kennedy said that this country anyplace we want to. We have already Barrett (NE) Hastings (WA) Rogers would pay any price, bear any burden, Bartlett Hayes Rohrabacher spent in this administration $10 billion to defend freedom here and around the Barton Hayworth Ros-Lehtinen in the Balkans, and there seems to be Bass Hefley Roukema world. I heard Jack Kemp on a number no end in sight of our current commit- Bereuter Herger Royce of occasions quote that very phrase on Bilirakis Hill (MT) Ryan (WI) ment. the floor of this House. It is not an Blunt Hilleary Ryun (KS) Number three, as we all know, the easy undertaking, but it is an under- Bonilla Hoekstra Salmon military readiness question is a big Brady (TX) Horn Sanford taking that saves lives and stabilizes one. Our military simply does not have Bryant Hostettler Saxton this world, economically and politi- Burr Hulshof Scarborough the personnel to go every place that cally. Burton Hutchinson Schaffer The amendment of the gentlewoman there is a problem. Camp Isakson Sensenbrenner We talk about quality of life for our Campbell Istook Sessions from Florida (Mrs. FOWLER) is spoken service men and women. When they are Canady Jenkins Shadegg to by Jeane Kirkpatrick, Bob Dole, Cannon Johnson, Sam Shimkus Caspar Weinberger and others. deployed every single weekend of their Chabot Jones (NC) Skeen The CHAIRMAN. The time of the lives, they are going to get out of the Chambliss Kasich Smith (MI) armed services, and that is why we are Chenoweth Kingston Smith (TX) gentleman from Maryland (Mr. HOYER) Coble Kuykendall Souder has again expired. losing so many good, professional sol- Coburn LaHood Spence (By unanimous consent, Mr. HOYER diers right now. Collins Largent Stearns was allowed to proceed for 1 additional I strongly urge my colleagues to sup- Combest Latham Stump port the Fowler-Danner amendment. Condit Leach Sununu minute.) Cook Lewis (KY) Sweeney Mr. HOYER. Mr. Chairman, when Mrs. FOWLER. Mr. Chairman, will Cox LoBiondo Talent they point out that if we do not put the gentleman yield? Crane Lucas (OK) Tancredo ground troops this effort at trying to Mr. KINGSTON. I yield to the gentle- Cubin Manzullo Tauzin woman from Florida. Cunningham McCollum Taylor (NC) stabilize a critically important situa- Danner McCrery Terry tion will not succeed and the Euro- Mrs. FOWLER. Mr. Chairman, this is Deal McHugh Thomas peans will not participate, we can all the conclusion of the speakers on our DeLay McInnis Thornberry side for the amendment, and I just DeMint McIntosh Thune say they should but we saw in Bosnia Dickey McKeon Tiahrt that they would not. want to thank the Members of this Doolittle Metcalf Toomey My colleagues, I ask that the amend- body. I think this has been a very seri- Duncan Mica Traficant ment of the gentlewoman from Florida ous, a very thoughtful debate this Ehlers Miller (FL) Upton afternoon and evening on a very seri- Ehrlich Miller, Gary Walden (Mrs. FOWLER) be rejected, which I Emerson Moran (KS) Walsh know is well intended and she believes ous matter. English Myrick Wamp strongly that it is the right policy, but This is why we were elected. This is Everett Nethercutt Watkins why our constituents sent us to be Ewing Ney Watts (OK) it is a policy that will inevitably lead Foley Norwood Weldon (FL) to failure of the effort to bring peace to Members of the United States House of Fossella Nussle Weldon (PA) the Balkans. It is an amendment which Representatives, and no matter what Fowler Packard Weller I think detracts from the Gejdenson our position, it has been obvious that Franks (NJ) Paul Whitfield every Member has given a lot of Gallegly Pease Wicker amendment which tries, as I said at the Ganske Peterson (MN) Wilson beginning, to limit and make propor- thought, a lot of concern, to their posi- Gibbons Peterson (PA) Young (AK) tional our participation. tion and to what we are about to vote Gillmor Petri Young (FL) I would ask my colleagues to reject on. Goode Pickering Goodlatte Pitts the Fowler amendment, to pass the I want to just thank my colleagues Gejdenson amendment and then to pass for the time and effort they have spent NOES—237 this resolution so that America contin- this evening, and I do urge them to Ackerman Boyd DeGette ues to lead and continues to be the vote yes on my amendment. Allen Brady (PA) Delahunt The CHAIRMAN. The question is on Baird Brown (FL) DeLauro moral leader as well as the military Baldacci Brown (OH) Deutsch leader of this world. the amendment offered by the gentle- Baldwin Buyer Diaz-Balart Mr. KINGSTON. Mr. Chairman, I woman from Florida (Mrs. FOWLER), to Barcia Calvert Dicks move to strike the requisite number of the amendment offered by the gen- Barrett (WI) Capuano Dingell Bateman Cardin Dixon words. tleman from Connecticut (Mr. GEJDEN- Bentsen Carson Doggett Mr. Chairman, we have had a good SON). Berkley Castle Dooley debate. There has been honest disagree- The question was taken; and the Berman Clayton Doyle Chairman announced that the ayes ap- Berry Clement Dreier ment. There has been a high degree of Biggert Clyburn Dunn sincerity and integrity in the debate, peared to have it. Bishop Conyers Edwards but I rise in strong support of the RECORDED VOTE Blagojevich Cooksey Engel Fowler-Danner bipartisan substitute Mr. HASTINGS of Florida. Mr. Chair- Bliley Costello Eshoo Blumenauer Coyne Etheridge amendment. I think to not do so is a man, I demand a recorded vote. Boehlert Cramer Evans recipe for resentment and not rec- A recorded vote was ordered. Boehner Crowley Farr onciliation, and at this time we need The CHAIRMAN. Pursuant to clause Bonior Cummings Fattah 6 of rule XVIII the Chair announces Bono Davis (FL) Filner reconciliation. Borski Davis (IL) Fletcher Three things I would like my col- that he may reduce to 5 minutes the Boswell Davis (VA) Forbes leagues to keep in mind as we vote. minimum time for electronic voting Boucher DeFazio Ford March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1247 Frank (MA) Lewis (CA) Price (NC) keeping operation implementing a Kosovo (6) Submit to the Congress a detailed re- Frelinghuysen Lewis (GA) Rahall peace agreement. port on the scope of the mission of the Gejdenson Linder Rangel (b) Reports to Congress.—The President United States Armed Forces personnel. Gekas Lofgren Regula should, before ordering the deployment of Gephardt Lowey Rivers (7) Submit to the Congress a detailed re- Gilchrest Lucas (KY) Rodriguez any United States Armed Forces personnel port prepared by the Secretary of State Gilman Luther Rothman to Kosovo do each of the following: that— Gonzalez Maloney (CT) Roybal-Allard (1) Personally and in writing submit to the (A) outlines and explains the diplomatic Goss Maloney (NY) Rush Congress— exit strategy that would control the with- Green (TX) Markey Sabo (A) a detailed statement explaining the na- drawal of United States Armed Forces per- Green (WI) Martinez Sanchez tional interest of the United States at risk sonnel from Kosovo; Gutierrez Mascara Sanders in the Kosovo conflict; and (B) outlines and explains the means and Hall (OH) Matsui Sandlin (B) a certification to the Congress that all Hastings (FL) McCarthy (MO) Sawyer methodologies by which verification of com- Hill (IN) McCarthy (NY) Schakowsky United States Armed Forces personnel so de- pliance with the terms of any Kosovo peace Hilliard McDermott Scott ployed pursuant to subsection (a) will be agreement will be determined; Hinchey McGovern Serrano under the operational control only of United (C) in classified and unclassified form, ex- Hinojosa McIntyre Shaw States Armed Forces military officers. plains the terms and conditions included in Hobson McKinney Shays (2) Submit to the Congress a detailed re- any peace agreement reached with respect to Hoeffel McNulty Sherman port that— the Kosovo conflict. Such report should Holden Meehan Sherwood (A) in classified and unclassified form ad- Holt Meek (FL) Shows include— Hooley Meeks (NY) Simpson dresses the amount and nature of the mili- (1) a detailed discussion and explanation of Houghton Menendez Sisisky tary resources of the United States, in both any side agreement, whether or not all par- Hoyer Millender- Skelton personnel and equipment, that will be re- ties to the overall peace agreement are Hunter McDonald Slaughter quired for such deployment; aware of the side agreement; Hyde Miller, George Smith (NJ) (B) outlines and explains the military exit (2) a detailed discussion and explanation of Inslee Minge Smith (WA) strategy that would control the withdrawal Jackson (IL) Mink Snyder any obligations of the United States arising of United States Armed Forces personnel from the peace agreement, including any Jackson-Lee Moakley Spratt from Kosovo; (TX) Mollohan Stabenow such obligations with respect to the intro- Jefferson Moore Stark (C) certifies the chain of command for any duction of weapons into Kosovo and Serbia; Johnson (CT) Moran (VA) Stenholm such deployed United States Armed Forces (3) a detailed discussion and explanation of Johnson, E. B. Morella Stupak personnel; and any military arrangements, in addition to Jones (OH) Murtha Tanner (D) provides the percentage of United the NATO deployment, to which the United Kanjorski Nadler Tauscher States Armed Forces participating in any Kaptur Napolitano Taylor (MS) States has agreed to undertake as a result of NATO deployment in the Kosovo peace keep- the Kosovo peace agreement; Kelly Neal Thompson (CA) ing operation, including ground troops, air Kennedy Northup Thurman (4) a detailed discussion and explanation of Kildee Oberstar Tierney support, logistics support, and intelligence the funding source for any future plebiscite Kilpatrick Obey Turner support, compared to the other NATO na- or referendum on independence for Kosovo; Kind (WI) Olver Udall (CO) tions participating in that operation. and King (NY) Ortiz Udall (NM) (3) Submit to the Congress a detailed re- (5) a detailed discussion and explanation of Kleczka Ose Vento port that— any requirement for forces participating in Klink Owens Visclosky (A) in classified and unclassified form ad- the NATO peace keeping operation imple- Knollenberg Oxley Waters dresses the impact on military readiness of menting the peace agreement to enforce any Kolbe Pallone Watt (NC) such deployment; Kucinich Pascrell Waxman provision of such peace agreement. LaFalce Pastor Weiner (B) provides the timeframe in which with- Lampson Payne Wexler drawal of all United States Armed Forces Mr. GILMAN (during the reading). Lantos Pelosi Weygand personnel from Kosovo could reasonably be Mr. Chairman, I ask unanimous con- Larson Phelps Wise expected; sent that the amendment to the LaTourette Pickett Wolf (C) in classified and unclassified form pro- amendment be considered as read and Lazio Pomeroy Woolsey vides an unambiguous explanation of the printed in the RECORD. Lee Porter Wynn rules of engagement under which all United Levin Portman The CHAIRMAN. Is there objection States Armed Forces personnel participating ANSWERED ‘‘PRESENT’’—2 in the Kosovo NATO peace keeping operation to the request of the gentleman from New York? Abercrombie Callahan shall operate; (D) in classified and unclassified form pro- There was no objection. NOT VOTING—16 vides the budgetary impact for fiscal year Mr. GILMAN. Mr. Chairman, I yield Becerra John Thompson (MS) 1999 and each fiscal year thereafter for the to the distinguished gentleman from Bilbray Lipinski Towns next five fiscal years on the Department of Florida (Mr. GOSS), chairman of the Brown (CA) Quinn Velazquez Defense, and each of the military services in Permanent Select Committee on Intel- Capps Reyes Wu particular; on the Intelligence Community; Clay Shuster and on the Department of State as a result ligence, who developed the language in Frost Strickland of any such deployment. this amendment and who has worked b 2115 (4) Submit in classified form, to the Speak- closely with our committee on this er, the Minority Leader, the Permanent Se- issue. Mr. GREEN of Texas and Mr. lect Committee on Intelligence, and the Mr. GOSS. I thank the gentleman for FLETCHER changed their vote from Committee on Armed Services of the House yielding, Mr. Chairman. ‘‘aye’’ to ‘‘no.’’ of Representatives; and the Majority and Mi- Mr. Chairman, I would like to advise Messrs. GORDON, STUMP, nority Leaders, the Select Committee on In- Members of what is contained in this telligence, and the Armed Services Commit- SWEENEY and FOSSELLA changed proposed amendment, which actually their vote from ‘‘no’’ to ‘‘aye.’’ tee of the Senate, a detailed report that ad- dresses the threats attendant to any such de- reflects on some of the concerns we So the amendment was rejected. ployment and the nature and level of force have heard in the debate today, and The result of the vote was announced protection required for such deployment. deals with some of the other amend- as above recorded. (5) Submit to the Speaker, Minority Lead- ments that we have all read about that AMENDMENT OFFERED BY MR. GILMAN TO er, and the Permanent Select Committee on we were considering as other amend- AMENDMENT NO. 5 OFFERED BY MR. GEJDENSON Intelligence of the House of Representatives; ments for this particular House concur- Mr. GILMAN. Mr. Chairman, I offer and the Majority and Minority Leaders and rent resolution. an amendment to the amendment. the Select Committee on Intelligence of the Senate a detailed report that addresses— I would describe generally the resolu- The Clerk read as follows: (A) any intelligence sharing arrangement tion that is under consideration as be- Amendment offered by Mr. GILMAN to that has been established as a result of the tween House Concurrent Resolution 32, amendment No. 5 offered by Mr. GEJDENSON: Kosovo peace agreement; which is somewhat of a carte blanche, 1. Strike section 3 and insert the following: (B) the intelligence sharing arrangement and the Fowler amendment, which was SEC. 3. AUTHORIZATION FOR DEPLOYMENT OF that currently exists within NATO and how a prohibition. UNITED STATES ARMED FORCES TO such arrangement would be modified, if at What we attempt to do here is au- KOSOVO. all, in the Kosovo context; and (a) In general.—Subject to the limitations (C) whether Russian participation in a thorize deployment, but because of in subsection (b) the President is authorized Kosovo peacekeeping deployment alongside some of the concerns we have heard to deploy United States Armed Forces per- NATO forces will affect, impede, or hinder today, call on the President to submit sonnel to Kosovo as part of a NATO peace- any such intelligence sharing arrangement. a number of reports and vital pieces of H1248 CONGRESSIONAL RECORD — HOUSE March 11, 1999 information to the Congress before or- A commitment to deploy has already Page 2, strike line 9 and all that follows dering deployment. been made, pursuant to some ad hoc and insert the following: These would include reports on a dec- policy determination. Congress needs SEC. 3. LIMITATION ON DEPLOYMENT OF UNITED laration explaining the national inter- to be involved. Therefore, now is the STATES ARMED FORCES TO KOSOVO. est of the U.S. at risk in Kosovo, and a appropriate time to take up this issue, The President shall not deploy United States Armed Forces personnel to Kosovo as certification that all U.S. armed forces before the troops are deployed without in Kosovo will be under the operational part of a NATO peacekeeping operation a firm policy. unless— control of U.S. military officers. That is the explanation, Mr. Chair- (1) a Kosovo peace agreement has been We would request further details on man. reached; and the rules of engagement before we have Mr. GILMAN. Mr. Chairman, I am (2) such deployment is specifically ap- deployment; the military resources pleased to yield to the gentleman from proved by the Congress. that would be required, both the per- California (Mr. CUNNINGHAM). REQUEST FOR MODIFICATION TO AMENDMENT NO. sonnel and the equipment; the military Mr. CUNNINGHAM. Mr. Chairman, I 52 OFFERED BY MR. SKELTON exit strategy; the diplomatic exit thank the gentleman from New York Mr. SKELTON. Mr. Chairman, I ask strategy; the chain of command for the for yielding to me. unanimous consent that, on line 1, U.S. forces in Kosovo; the percentage Mr. Chairman, I understand this where it says strike and insert section of United States participation com- amendment is going to be accepted. I 3 in the original, it be changed to add pared to other NATO countries in any asked to speak on it so I would not section 4. force, concerning particularly ground have to call a recorded vote on it, and The CHAIRMAN. The Clerk will re- troops, air support, logistic support, I will not do that. port the modification. and intelligence support; the impact on I support strongly the amendment of- The Clerk read as follows: military readiness, and that goes to fered by the gentleman from Florida Modification to Amendment No. 52 offered morale and rotation; that we would ORTER OSS (Mr. P G ). I am not going to by Mr. SKELTON: have information providing a time say why I am against the amendment The amendment as modified is as follows: frame in which U.S. forces could rea- offered by the gentleman from Con- Add at the end the following: sonably expect to be withdrawn; that necticut (Mr. GEJDENSON) because it SEC. 4 LIMITATION ON DEPLOYMENT OF UNITED we would have information on the would sound partisan, but I want to the STATES ARMED FORCES TO KOSOVO. budgetary impact for this fiscal year gentleman to know that it is not, it is The President shall not deploy United and the next 5 fiscal years of deploy- a very deep-seated belief I have, and States Armed Forces personnel to Kosovo as ment; we would have an assessment of mistrust. I will support the amendment part of a NATO peacekeeping operation the threats to our armed forces in offered by the gentleman from New unless— Kosovo, the men and women in uni- York and the gentleman from Florida, (1) a Kosovo peace agreement has been reached; and form, and the level of force protection and vote against the amendment of- required to give them the maximum (2) such deployment is specifically ap- fered by the gentleman from Connecti- proved by the Congress. amount of protection; the intelligence- cut (Mr. GEJDENSON). The CHAIRMAN. Is there objection sharing arrangements, if any, resulting Mr. GILMAN. Mr. Chairman, I thank to the modification of the amendment from a peace agreement; any modifica- the gentleman from California (Mr. offered by the gentleman from Mis- tion to the intelligence-sharing ar- CUNNINGHAM) for his support. rangement within NATO, the present Mr. GEJDENSON. Mr. Chairman, souri? arrangement we have now; the effect of with some reluctance, I would take the Mr. MORAN of Virginia. Mr. Chair- Russian participation in Kosovo on any advice of my chair and support the man, reserving the right to object, the intelligence-sharing arrangements amendment of the gentleman from gentleman from Missouri (Mr. SKEL- TON) listed two amendments, one that within NATO; the scope of the mission Florida (Mr. GOSS). of the U.S. armed forces, in other The CHAIRMAN. The question is on would not allow U.S. forces to be de- words, what is expected, when do we the amendment offered by the gen- ployed to Kosovo unless there is an agreement between the two sides, a declare success; the means and meth- tleman from New York (Mr. GILMAN) to ods by which compliance with the amendment No. 5 offered by the gen- second that would say that U.S. forces could not be deployed unless there is terms of the peace agreement will be tleman from Connecticut (Mr. GEJDEN- agreement between two sides and Con- verified, verification; the terms and SON). conditions in any peace agreement, in The amendment to the amendment gress has approved the deployment. particular; the details on any secret was agreed to. I would ask of the distinguished gen- side agreements; any other military ar- The CHAIRMAN. The question is on tleman from Missouri that he fully ex- rangements of the U.S. as a result of the amendment offered by the gen- plain the implications of this amend- the peace agreement or side agree- tleman from Connecticut (Mr. GEJDEN- ment, because it would appear that it ments or obligations; any other obliga- SON), as amended. may be out of order and require a tions of the United States resulting The amendment, as amended, was unanimous consent. If the gentleman from the peace agreement, such as agreed to. from Missouri would explain the amendment. weapons interdiction; the funding AMENDMENT NO. 52 OFFERED BY MR. SKELTON Mr. SKELTON. Mr. Chairman, if the source for the referendum on independ- Mr. SKELTON. Mr. Chairman, I offer gentleman will yield, the amendment ence 3 years hence in Kosovo, and the an amendment. role of peacekeeping forces to enforce The CHAIRMAN. The Clerk will des- is very clear. any provision of the peace agreement. ignate the amendment. Mr. MORAN of Virginia. Mr. Chair- Mr. Chairman, we should support this Mr. GEJDENSON. I reserve the right man, I yield to the gentleman from deployment to make Mr. Milosevic un- to object, Mr. Chairman. Missouri to explain the impact of the derstand that the United States means The CHAIRMAN. The Chair would in- amendment. business. We should support the de- quire of the gentleman from Missouri Mr. SKELTON. Mr. Chairman, there ployment with our eyes wide open, if which amendment he is offering. shall be no deployment of American we are going to have a deployment, and Mr. SKELTON. It is the one that says personnel peacekeeping forces unless that is why we are offering these Section 4. Section 4. there is an agreement reached between amendments. Mr. GEJDENSON. Mr. Chairman, I the parties in question in Kosovo, and, I would argue that a successful vote reserve the right to object. number two, that such deployment to send the troops can in fact strength- must be approved by Congress. b en the hand of our negotiators. I would 2130 Mr. MORAN of Virginia. Mr. Chair- note that even the minority leader ear- The CHAIRMAN. The Clerk will des- man, I yield to the gentleman from lier today conceded that we should not ignate the amendment. Connecticut (Mr. GEJDENSON). deploy troops without a policy. I could The text of the amendment is as fol- Mr. GEJDENSON. Mr. Chairman, I not agree more with the gentleman lows: just want to make sure that whatever from Missouri. Amendment No. 52 offered by Mr. SKELTON: happens here, that the sectioning does March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1249 not wipe out the section of the gen- Many in this body have complained that the Bliley Hobson Oberstar Blumenauer Hoeffel Olver tleman from Texas. So my understand- Europeans in NATO were not pulling their Boehlert Holden Ortiz ing is that this maybe should actually weight in dealing with conflict in their own Bonior Holt Ose be section 5. backyard. Many of these same voices are also Bono Hooley Owens Mr. SKELTON. Mr. Chairman, then opposing this peacekeeping operation. This Borski Houghton Oxley Boswell Hoyer Pallone that is fine. I thought it would be 4. confuses me; if we wanted the Europeans to Boucher Hunter Pascrell Then it will be 5, and I so request. shoulder a greater responsibility in resolving Boyd Hyde Pastor The CHAIRMAN. Does the gentleman European issues, shouldn't we be pleased that Brady (PA) Inslee Payne from Virginia object to the modifica- Brown (FL) Jackson (IL) Pelosi European forces are going to make up 86 per- Buyer Jackson-Lee Pickett tion of the amendment? cent of the peacekeeping force? Calvert (TX) Pomeroy Mr. MORAN of Virginia. Mr. Chair- If we allow ourselves to succumb to the Capuano Jefferson Porter man, I do object to the modification of Cardin Johnson (CT) Portman voices of isolationism that have been rever- Carson Johnson, E. B. Price (NC) the amendment. berating around this chamber, all that we do is Castle Jones (OH) Radanovich The CHAIRMAN. Objection is heard. create an international power void that allows Clayton Kanjorski Rahall The gentleman from Missouri is enti- other nations the opportunity to start operating Clement Kaptur Rangel tled to 5 minutes on his amendment as Clyburn Kelly Regula as the Number One world power. Would we Conyers Kennedy Rivers originally designated. prefer to have China calling the shots in the Cooksey Kildee Rodriguez POINT OF ORDER world of international diplomacy, as opposed Coyne Kilpatrick Rothman The CHAIRMAN. Does the gentleman Cramer Kind (WI) Roybal-Allard to the United States? I know I for one sure Crowley King (NY) Rush from Virginia seek recognition? don't, and I bet my friends that are calling for Cummings Kleczka Sabo Mr. MORAN of Virginia. Mr. Chair- an isolationist world view, if they really thought Davis (FL) Knollenberg Sanchez man, I seek recognition for a point of about it, wouldn't either. Davis (IL) Kucinich Sanders order that, because the gentleman is Davis (VA) LaFalce Sandlin This resolution before us is only a Sense of DeFazio Lampson Sawyer amending the portion of underlying Congress that has no binding effect. I support DeGette Lantos Schakowsky text that has already been amended, efforts to bring before the House, after a Delahunt Larson Scott this amendment is out of order. peace agreement has been signed, a bill in DeLauro LaTourette Serrano Mr. SKELTON. Mr. Chairman, that is Deutsch Lazio Shaw which Congress specifically authorizes the de- Diaz-Balart Lee Sherman not correct. I am merely changing a 3 ployment of troops. My friend from Missouri, Dicks Levin Sherwood to a 5. It is in conflict with no other Mr. SKELTON, is offering an amendment that Dingell Lewis (CA) Shows Dixon Lewis (GA) Sisisky section. says just that, and I plan to support it. The CHAIRMAN. Does the gentleman Doggett Linder Skeen My colleagues, I urge you to support Mr. Dooley Lowey Skelton from Missouri wish to be heard further SKELTON's amendment, as well as the resolu- Doyle Lucas (KY) Smith (NJ) on the point of order? The Chair is pre- Dreier Luther Smith (WA) tion as whole. Dunn Maloney (CT) Snyder pared to rule. The CHAIRMAN. Are there further Mr. SKELTON. Mr. Chairman, I Edwards Maloney (NY) Spratt amendments to the resolution? Engel Markey Stabenow think that it speaks for itself. It is in There being no further amendments, Eshoo Martinez Stark addition thereto. It is in conflict with Etheridge Mascara Stenholm under the rule, the Committee rises. no other section. Evans Matsui Stupak Farr McCarthy (MO) Tanner The CHAIRMAN. The Chair is pre- Accordingly, the Committee rose; and the Speaker pro tempore (Mr. GIB- Fattah McCarthy (NY) Tauscher pared to rule. Pursuant to section 469 Filner McDermott Thompson (CA) of Jefferson’s Manual of the 105th Con- BONS) having assumed the chair, Mr. Forbes McGovern Thurman THORNBERRY, Chairman of the Commit- Ford McIntyre Tierney gress and for the reasons stated by the Frelinghuysen Meehan Turner gentleman from Virginia, the point of tee of the Whole House on the State of the Union, reported that that Commit- Gejdenson Meek (FL) Udall (CO) order is sustained, and the amendment Gekas Meeks (NY) Udall (NM) No. 52 may not be offered at this time. tee, having had under consideration Gephardt Menendez Velazquez Gilchrest Millender- Vento Mr. STENHOLM. Mr. Chairman, I rise today the concurrent resolution (H.Con.Res. 42) regarding the use of United States Gilman McDonald Waters in support of the Kosovo resolution before us, Gonzalez Miller, George Watt (NC) however suspect the timing may be. Further- Armed Forces as part of NATO peace- Goss Minge Waxman keeping operation implementing a Green (TX) Moakley Weiner more, I support the Skelton Amendment, Gutierrez Mollohan Wexler which would specify once a peace agreement Kosovo peace agreement, pursuant to House Resolution 103, he reported the Hall (OH) Moore Weygand is reached, Congress must approve the de- Hastert Moran (VA) Wilson ployment of our troops. bill back to the House with an amend- Hastings (FL) Morella Wise Hill (IN) Murtha Wolf The United States is in an unquestionable ment adopted by the Committee of the Whole. Hilliard Nadler Woolsey position of world leadership. Along with that Hinchey Napolitano Wynn position comes a sense of duty. If we want The SPEAKER. Under the rule, the Hinojosa Neal previous question is ordered. free trade and open markets, not to mention NOES—191 The question is on the amendment. exemplary worldwide standards of behavior in Aderholt Chabot Foley the realms of justice, scientific discovery, The amendment was agreed to. Andrews Chambliss Fossella human rights, and other democratic values, The SPEAKER pro tempore. The Archer Chenoweth Fowler question is on agreeing to the concur- Armey Coble Frank (MA) we must lead by example. The responsibility Bachus Collins Franks (NJ) of neutralizing potential global flare-ups of rent resolution. Baker Combest Gallegly hostility comes with this territory. The question was taken; and the Ballenger Condit Ganske Senator BOB DOLE recently returned from Speaker pro tempore announced that Barr Cook Gibbons the noes appeared to have it. Barrett (NE) Costello Gillmor discussions with the KLA in Kosovo. He stated Bartlett Cox Goode his support of continued work towards a peace RECORDED VOTE Barton Crane Goodlatte agreement, and expressed his hope for bipar- Mr. GILMAN. Mr. Speaker, I demand Bass Cubin Goodling Bateman Cunningham Gordon tisan Congressional support. I stand with Sen- a recorded vote. Bereuter Danner Graham ator DOLE on this issue; I believe partisanship A recorded vote was ordered. Bilirakis Deal Granger should end at the water's edge. Whatever we The vote was taken by electronic de- Blagojevich DeLay Green (WI) think of the muddled foreign policy of this Ad- Blunt DeMint Greenwood vice, and there were—ayes 219, noes 191, Boehner Dickey Gutknecht ministration, we should never engage in activi- answered ‘‘present’’ 9, not voting 15, as Bonilla Doolittle Hall (TX) ties that produce American weakness in the follows: Brady (TX) Duncan Hansen Bryant Ehlers Hastings (WA) international theater. [Roll No. 49] NATO is the perfect and appropriate vehicle Burr Ehrlich Hayes AYES—219 Burton Emerson Hayworth for this operation. I have supported the mis- Camp English Hefley Ackerman Baldwin Berman sion of NATO and will continue to do so. We Campbell Everett Herger Allen Barcia Berry Canady Ewing Hill (MT) have NATO to thank for one of the longest Baird Barrett (WI) Biggert Cannon Fletcher Hilleary sustained periods of peace in Europe. Baldacci Berkley Bishop H1250 CONGRESSIONAL RECORD — HOUSE March 11, 1999 Hoekstra Nethercutt Shimkus There was no objection. us, we really feel that we need that Horn Ney Simpson Hostettler Northup Smith (MI) f time to have Members in town. There- fore, we constructed the schedule to Hulshof Norwood Smith (TX) LEGISLATIVE PROGRAM Hutchinson Nussle Souder that end. Isakson Packard Spence (Mr. BONIOR asked and was given Mr. BONIOR. Could the gentleman Istook Paul Stearns permission to address the House for 1 Jenkins Pease Stump inform us when he expects the supple- Johnson, Sam Peterson (MN) Sununu minute.) mental appropriation bill to come to Jones (NC) Peterson (PA) Sweeney Mr. BONIOR. Mr. Speaker, I have the floor? Kasich Petri Talent asked to speak for the purpose of in- Kingston Phelps Tancredo Mr. ARMEY. I appreciate that. I be- Klink Pickering Tauzin quiring of the distinguished majority lieve the Committee on Appropriations Kolbe Pitts Taylor (MS) leader the schedule for the remainder reported a supplemental bill out today. Kuykendall Pombo Taylor (NC) of the week and next week. We will probably find it filed on Tues- LaHood Pryce (OH) Terry Mr. ARMEY. Mr. Speaker, will the Largent Ramstad Thomas day of next week and would have it Latham Reynolds Thornberry gentleman yield? available then for the week following. Leach Riley Thune Mr. BONIOR. I yield to the gen- Mr. BONIOR. I thank my colleague Lewis (KY) Roemer Tiahrt tleman from Texas. LoBiondo Rogan Toomey and wish him a good weekend. Lucas (OK) Rogers Traficant Mr. ARMEY. Mr. Speaker, I am Mr. ARMEY. I thank him and I hope Manzullo Rohrabacher Upton pleased to announce that we have had you all have a good weekend. McCollum Ros-Lehtinen Visclosky our last vote for the week. There will f McCrery Roukema Walden be no votes tomorrow, on Friday, McHugh Royce Walsh ADJOURNMENT TO MONDAY, McInnis Ryan (WI) Wamp March 12. McIntosh Ryun (KS) Watkins On Monday, March 15, the House will MARCH 15, 1999 McKeon Salmon Watts (OK) meet at 2 p.m. for a pro forma session. Mr. ARMEY. Mr. Speaker, I ask McKinney Sanford Weldon (FL) McNulty Saxton Weldon (PA) Of course, there will be no legislative unanimous consent that when the Metcalf Scarborough Weller business and no votes that day. House adjourns today, it adjourn to Mica Schaffer Whitfield On Tuesday, March 16, the House will meet at 2 p.m. on Monday next. Miller (FL) Sensenbrenner Wicker meet at 9:30 a.m. for the morning hour Miller, Gary Sessions Young (AK) The SPEAKER pro tempore (Mr. GIB- Moran (KS) Shadegg Young (FL) and at 11 a.m. for legislative business. BONS). Is there objection to the request Myrick Shays Votes are expected after noon on Tues- of the gentleman from Texas? ANSWERED ‘‘PRESENT’’—9 day, March 16. There was no objection. Abercrombie Callahan Mink b 2200 f Bentsen Coburn Obey Brown (OH) Lofgren Slaughter On Tuesday, we will consider a num- DISPENSING WITH CALENDAR ber of bills under suspension of the WEDNESDAY BUSINESS ON NOT VOTING—15 rules, a list of which will be distributed WEDNESDAY NEXT Becerra Frost Shuster to Members’ offices. Bilbray John Strickland Mr. ARMEY. Mr. Speaker, I ask Brown (CA) Lipinski Thompson (MS) Also on Tuesday, March 16, the House unanimous consent that the business Capps Quinn Towns will take up H.R. 819, the Federal Mari- in order under the Calendar Wednesday Clay Reyes Wu time Commission Authorization Act of rule be dispensed with on Wednesday b 2155 1999. next. On Wednesday, March 17, the House The SPEAKER pro tempore. Is there Mr. YOUNG of Alaska changed his will meet at 10 a.m. to consider the fol- vote from ‘‘aye’’ to ‘‘no.’’ objection to the request of the gen- lowing legislative business: tleman from Texas? So the concurrent resolution was H.R. 975, a bill to provide for a reduc- agreed to. There was no objection. tion in the volume of steel imports and f The result of the vote was announced to establish a steel import notification as above recorded. monitoring program; and H.R. 820, the APPOINTMENT OF MEMBERS TO A motion to reconsider was laid on Coast Guard Authorization Act of 1999. COMMISSION ON SECURITY AND the table. On Thursday, March 18, we expect a COOPERATION IN EUROPE Stated against: national security briefing on the House The SPEAKER pro tempore. Without Mr. SHUSTER. Mr. Speaker, on rollcall No. floor from 10 a.m. to 11 a.m. to discuss objection, and pursuant to section 3 of 49, I was unable to be on the House floor. the ballistic missile threat. Of course, Public Law 94–304 as amended by sec- Had I been present, I would have voted ``no.'' all Members will want to attend. tion 1 of Public Law 99–7, the Chair an- f The House will then take up H.R. 4, a nounces the Speaker’s appointment of bill to declare it to be the policy of the GENERAL LEAVE the following Members of the House to United States to deploy a national mis- the Commission on Security and Co- Mr. BRADY of Texas. Mr. Speaker, I sile defense. operation in Europe: ask unanimous consent that all Mem- Mr. Speaker, we expect to conclude Mr. WOLF of Virginia; bers may have 5 legislative days within legislative business next week on Mr. SALMON of Arizona; which to revise and extend their re- Thursday, March 18. Mr. GREENWOOD of Pennsylvania; and marks on House Concurrent Resolution Mr. BONIOR. Mr. Speaker, if the gen- Mr. FORBES of New York. 42, the concurrent resolution just tleman could address one concern that There was no objection. agreed to. we have. On Tuesday, I know that the f The SPEAKER pro tempore (Mr. GIB- schedule is relatively light in terms of BONS). Is there objection to the request business. We have the two suspensions GAMBLING EFFORT DIES IN of the gentleman from Texas? which I suspect are relatively non- PENNSYLVANIA SENATE There was no objection. controversial. I am wondering if it (Mr. WOLF asked and was given per- f would not be possible to help the folks mission to address the House for 1 on the West Coast if we could not roll minute and to revise and extend his re- REMOVAL OF NAME OF MEMBER and postpone votes until about 5 marks.) AS COSPONSOR OF H.R. 744 o’clock on Tuesday. Mr. WOLF. Madam Speaker, I want Mr. GEJDENSON. Mr. Speaker, I ask Mr. ARMEY. Let me thank the gen- to bring to the attention of the Mem- unanimous consent to have my name tleman for his inquiry. I think it is an bers of the House today the following taken off H.R. 744. It was mistakenly important point, a point a lot of Mem- Philadelphia Inquirer headline where it placed on the bill. bers have made, but in the interest of says gambling efforts die in Pennsyl- The SPEAKER pro tempore. Is there a good bit of the committee work that vania Senate. This Monday, the Penn- objection to the request of the gen- we hope to conclude in preparation for sylvania State Senate rejected a reso- tleman from Connecticut? the appropriations season soon before lution by the vote of 28 to 21 calling for March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1251 three statewide gambling referendums. It is impossible to determine how much education,’’ Rendell said yesterday, with res- Gambling was rejected despite the gambling interest spend on lobbying, be- ignation and a touch of bitterness in his gambling lobby’s political campaign cause current disclosure laws provide no voice. ‘‘I’d like to ask the senators who contribution of $606,000. This is a very meaningful information. A tough new disclo- voted this way: Where is funding for our kids sure law takes effect in June. going to come from? I’m just perplexed.’’ large amount of money for a State Among the campaign-finance reports ex- But opponents, including church groups with no gambling except for horse rac- amined by The Inquirer were those listing and community activists, hailed the vote. ing and State lotteries. contributions during the two election cycles They had warned that an expansion of gam- Madam Speaker, people got involved to Ridge, the Republican and Democratic bling would lead to a plague of social ills. at the grass roots level. The people leaders in both houses, House and Senate Several lawmakers said yesterday that the learned the truth about how gambling campaign committees controlled by the lead- Senate’s move to declare the proposal uncon- is bad for families and communities, ers, and funds maintained by the Republican stitutional was a quick way to kill a bill especially the poor and the Nation’s and Democratic state committees. that did not have the votes. The vote has no Most of the gaming-related contributions legally binding effect. That would be for the youth. Also, the newspapers had the to Harrisburg leaders in recent years, about courts to decade. courage to speak out about how gam- $438,000, came from the horse-racing industry ‘‘It’s definitely a signal there weren’t suffi- bling brings crime, and corruption, and and its lobbyist, records show. cient votes for all three forms of gambling to cannibalizes local businesses and And most of that came from four lobbying get on the ballot,’’ said Senate Majority breaks up families. firms with horse-racing clients—Pugliese As- Leader F. Joseph Loeper (R., Delaware), add- What took place in Pennsylvania sociates, Greenlee Associates, S.R. Wojdak & ing that the vote was ‘‘a litmus test for should give great hope to any commu- Associates and the law firm of Buchanan In- where the rest of the issue would have gone.’’ nity that if it wants to eradicate and gersoll—that contributed a total of $311,000 Proponents—and even some critics—had been saying the votes were there to send the remove gambling or keep it out, it can to the governor and top lawmakers, records show. bill to the governor’s desk. But they spoke do it. I congratulate the Pennsylvania Riverboat-gaming advocates gave about too soon. Most senators who had been unde- State Senate for its actions on Mon- $85,000; casino companies donated a total of cided as late as last week ended up voting day. $58,000; and video-poker interests gave about against gambling yesterday. [From the Philadelphia Inquirer, Mar. 8, $25,000, The Inquirer reported. The margins going into yesterday’s vote 1999] were seen as too close to call. The day opened with a strong showing by GAMBLING CONTRIBUTIONS SWIFT VOTE DOOMS BID FOR BALLOT QUESTION more than 100 pro-gambling demonstrators, GAMBLING INTERESTS HAVE DONATED (By Glen Justice, Ken Dilanian and Rena Singer) most from the state’s racetracks, who GENEROUSLY TO RIDGE, LEGISLATIVE LEADERS jammed the capitol’s hallways carrying HARRISBURG—With virtually no debate, the HARRISBURG.—Gov. Tom Ridge and legisla- signs. tive leaders have accepted at least $606,000 in Pennsylvania Senate yesterday killed the ef- But gambling backers saw a bad omen contributions from gambling interests and fort to expand legalized gambling in the early in the day when Rendell, long a sup- their lobbyists in recent years, according to state and left little room for the issue to be porter of riverboat gambling, pulled out of a a report published Monday. resurrected anytime soon. scheduled news conference so he could keep The Senate voted, 28–21, to declare as un- Ridge received about $240,000 from gam- lobbying for the bill. bling interests, including lobbyists, since he constitutional the bill passed last month by Interviews with 47 of 50 senators or their began raising money for his 1995 campaign. the House that would have authorized a pub- aides two weeks ago showed senators were Legislative leaders and their committees lic vote on the gaming issue. By doing so, nearly tied on the issue, with nine unde- took in $366,100, according to the analysis by the Senate essentially eliminated any cided, three unreachable, and one who de- The Philadelphia Inquirer. chance of legalizing gambling while Gov. clined comment. Of that group, 10 voted to Lawmakers and lobbyists rejected the no- Ridge is in office. Ridge, whose term ends in call the referendum unconstitutional; two tion of any link between campaign money January 2003, has insisted on a referendum voted against that finding; and one, Sen. An- and legislative action. Further, they said the before he would consider signing any gam- thony Hardy Williams (D., Phila.), did not gambling interests have been relatively re- bling bill. vote. Williams said he was upstairs in the of- ‘‘If gambling isn’t dead, it is in a pretty strained in their giving, compared with what fice portion of the buildings during the vote deep coma, and I don’t see it coming out,’’ has taken place in other states. and did not make it to the floor in time. He Senate President Pro Tempore Robert ‘‘I don’t think the industry really felt that said he would have voted against gambling. (large contributions) was the approach they Jubelirer (R., Blair) said after the vote. Some last-minute decision-makers said wanted to take,’’ said Obra S. Kernodle 3d, a The governor echoed that view, saying it they receive considerable constituent input lawyer-lobbyist who is a principal in a Phila- was ‘‘time to move on’’ to other issues. And against gambling. Sen. James Gerlach (R., delphia company that wants to build a river- one longtime supporter of legalized gaming, Chester) said he was shown a poll paid for by boat casino. Sen. Robert Tomlinson (R., Bucks), conceded gambling opponents indicating that 65 per- ‘‘I can’t see a relationship between the ‘‘it’s going to be a long time’’ before any new cent of his district was against riverboat ca- contributions and a vote on any issue—espe- forms of gambling come to the state. sinos, 65 percent against video poker, and 55 The end came swiftly to the proposal to cially this issue,’’ said Senate Minority against slot machines at horse-racing tracks. Leader Robert J. Mellow, D-Lackawanna. ask voters in the May 18 primary whether Gerlach said he voted that the bill was Anti-gambling activists say the contribu- they approved of riverboat gambling, slot constitutional because he supports referen- tions are unseemly and that the money at machines at horse-racing tracks, and video dums, but added that he would have voted to least helped push gambling to the top of the poker in taverns. The House had debated for defeat gambling. 1999 legislative agenda. 10 hours over two days last month before ap- ‘‘This became the quickest and least pain- Gambling legislation ‘‘is being passed on a proving the proposal to place the nonbinding ful way to bring closure to the issue,’’ said cash and carry basis,’’ said Tom Grey, a na- questions on the ballot. Stephen C. MacNett, counsel to the Senate tional antigambling activist who has been But the Senate wasted little time in dis- Republicans. involved in efforts to defeat the referendum patching the issue. As soon as the issue came Sen. Vincent Fumo (D., Phila.), who has bill. ‘‘Legalized gambling gives (lawmakers) to the floor, a gaming opponent, Sen. David supported riverboat gambling in the past but the cash, and they carry the bill.’’ Brightbill (R., Lebanon), invoked a par- had worked to defeat the current bill, called ‘‘Special interests, through campaign con- liamentary maneuver by asking the Senate it ‘‘a polite way of letting it go away.’’ tributions and hiring every lobbyist in town, to consider the bill’s legality under the state Fumo’s usually ally, Rendell, expressed are driving the system with the pedal to the constitution. One senator rose briefly to op- frustration. metal,’’ said Barry Kauffmann, executive di- pose the move, and then the roll-call vote He noted that gambling is allowed in West rector of Pennsylvania Common Cause. ‘‘It’s was taken. Virginia, Delaware, New Jersey, Connecticut an increasingly troubling part of the way the Within minutes, the issue that had com- and New York. ‘‘I mean, we’re like os- process is being run.’’ manded the legislature’s attention since triches—we stick our heads in the sand,’’ he The referendum bill, which the House ap- January was over. said. proved last month, would let voters state The vote was a blow to the horseracing in- The vote caused friction between the two their opinions about three potential expan- dustry, which has been losing customers to powerful men. sions of legalized gambling: riverboat casi- Delaware and West Virginia, where slots are Rendell called Fumo’s stance ‘‘a shame, be- nos, video poker in bars and slot machines at legal. Another loser was the tavern industry, cause he did it for a purely political reason. four horse tracks. Lawmakers then must which saw the video-poker proposal as a way He’s always been a supporter of our [river- shape legislation to legalize any new games. to boost what it says are sagging sales. boat] legislation.’’ Ridge has said he would sign the bill, but Mayor Rendell saw riverboat gambling as a Rendell said he meant that Fumo was wor- also says he will demand that any actual ex- way to raise money for Philadelphia’s ried about ‘‘what gambling would do on the pansion of gambling would have to be ap- schools. ballot in May to the turnout,’’ presumably proved, project by project, in subsequent ‘‘There is nothing on the horizon that will to Fumo’s choice for mayor, Democrat local referendums. provide our kids with adequate funding for Marty Weinberg. H1252 CONGRESSIONAL RECORD — HOUSE March 11, 1999 Fumo rejected that assertion, saying he 1991: The House rejects a riverboat-gam- Cuba and cash remittances to Cuban did not believe a referendum would have hurt bling bill, which Casey had promised to veto. relatives of U.S. citizens were resumed Weinberg. He said he opposed it because he 1994: Gov.-elect Ridge promises to veto any and the provision of medicine and food thought it would lose, killing chances for bill that would legalize riverboat gambling was authorized. gambling forever. without first submitting the issue to voters These initiatives were the precursors ‘‘I don’t know why he went on such a fool’s in a nonbinding statewide referendum. Pro- errand,’’ Fumo said of Rendell. He added ponents push without success to win passage to future efforts toward peaceful cross- that he was miffed at the mayor for calling of a bill that would authorize a referendum. cultural engagement, including people- Democratic senators. 1997: The Senate passes a bill that would to-people contact among academics, I’ve delivered for him when nobody else allow slot machines at horse-racing tracks, media and yes, even athletes. would,’’ Fumo said. ‘‘This just makes it but it fails to gain House approval. The last major league team to play harder the next time I have to do something Feb. 10, 1999: The House passes a bill that baseball in Cuba was the 1947 Brooklyn for him.’’ would authorize nonbinding statewide ref- Dodgers, who held spring training in Gaming advocates had fought for years to erendums on slots, riverboats and video advance the issue and had pushed especially Havana to insulate Jackie Robinson poker on the May 18 primary ballot. from the racial hatred so prevalent in hard in recent months, hoping the May bal- March 8, 1999: The Senate votes to declare lot was a window of opportunity. the House bill unconstitutional, killing the the United States at that time. Fifty- Tavern owners statewide held rallies and effort to place the referendums on the pri- two years later, the role has changed. visited lawmakers to push poker. The horse- mary ballot. The first major league team to visit racing industry continued its effort in the Cuba in 40 years, on March 28, 1999, the hope of bolstering its competitive position f Baltimore Orioles, will be ambassadors with slot-machine revenue. And riverboat SPECIAL ORDERS companies such as President Casinos Inc., of peace. Ameristar Casinos Inc., and Epic Horizon LP The SPEAKER pro tempore. Under Sports has historically been an arena added their lobbying clout. the Speaker’s announced policy of Jan- in which athlete-to-athlete contact has Gaming interests and their lobbyists made uary 6, 1999, and under a previous order led to off-the-field or court engage- political contributions totaling more than of the House, the following Members ment. Moreover, baseball as the na- $606,000 to Gov. Ridge and a handful of legis- will be recognized for 5 minutes each. tional pastime of the United States and lative leaders in the last two election cycles. Cuba is the natural choice to promote In recent years, though gambling bills have f goodwill among our countries’ citizens. met with varying degrees of success, none BALTIMORE ORIOLES TO PLAY EX- has been signed and advocates were hopeful It is time that we reach out to the that 1999 might be the year. HIBITION GAME IN HAVANA, Cuban people with such democracy- But Pennsylvania’s antigambling lobby- CUBA building efforts. ists, a diverse group of religious and commu- The SPEAKER pro tempore. Under a I am proud that the City of Balti- nity interests, worked hard after the House previous order of the House, the gen- more is in the forefront of an initiative passed the bill to have the upper chamber de- tleman from Maryland (Mr. HOYER) is that will help to chip away the barriers feat it. that have isolated the citizens of Cuba Michael Geer, president of Pennsylvanians recognized for 5 minutes. Against Gambling Expansion, said the grass- Mr. HOYER. Mr. Speaker, on Mon- from the United States. I applaud roots work done by activists in his camp had day, this Nation and baseball lovers Mayor Kurt Schmoke and Peter an effect. around the world mourned the passing Angelos, the Orioles owner, for seizing ‘‘The reason it happened is [senators] of the Yankee Clipper. Joe DiMaggio’s the opportunity to strengthen a his- heard the voice of the people in the state,’’ career was certainly brilliant and wor- toric bond between the Cuban and he said. thy of the praise and the eulogies we American people. But gambling supporters said the defeat Let us all take note, democracy is had more to do with the way the bill was have heard these past few days. As a based upon the conviction that there structured. testament to his career, many people ‘‘It’s difficult with three issues intertwined who never saw him swing a bat or steal are extraordinary possibilities in ordi- in the bill,’’ said Bob Green, president of a base felt a sense of loss, a loss felt nary times. I urge my colleagues to Bucks County’s Philadelphia Park race- not only for the man but for the insti- support the Baltimore Orioles and the track. ‘‘If it was just ours, it probably City of Baltimore in their efforts. tution that he so nobly represented, wouldn’t have been a problem.’’ Mr. HOYER. Mr. Speaker, let me add the game of baseball. Calling the vote ‘‘setback,’’ some support- that this exhibition is not an abandon- ers said they would be back. Baseball, Mr. Speaker, transcends ‘‘We can’t just go away,’’ Green said. ment of our Nation’s policies toward generations. The names of Ruth, Castro or his regime, nor is it a weak- HISTORY OF GAMBLING BILLS Gehrig, Mantle and Aaron are as famil- ening of our resolve against the tyr- Efforts to legalize gambling in Pennsyl- iar to baseball fans of today as they anny of communism. The proceeds vania have, for the most part, been unsuc- were during their playing days. cessful. In 1972, Pennsylvania became the from this game, in fact, will go to build Baseball also transcends borders, Mr. baseball stadiums, not politics. But it fourth state to authorize a government-spon- Speaker. The passion we Americans sored lottery. Since then, things have not is an opportunity to showcase what is gone well for legalized-gambling proponents. have for the game of baseball is not common to the people of the United Here’s a look at the recent history: confined to this nation. That same pas- States and Cuba, a passion for the 1983: The state’s worsening financial condi- sion can be found in many parts of the game of baseball. tion prompts a flurry of gambling bills, in- globe, including the nation of Cuba. I want to join the gentleman from cluding one proposal to legalize slot ma- On March 28, the Baltimore Orioles Maryland (Mr. CUMMINGS) in congratu- chines in the Poconos to fund education will travel to Havana, Cuba, in pursuit lating Peter Angelos, the owner of the statewide. Half a dozen bills that would le- of that passion. galize gambling await a vote by the legisla- Baltimore Orioles, who has done so ture throughout the next year but go no- Mr. Speaker, I yield to the gentleman much for baseball, so much for Balti- where. from Baltimore, MD (Mr. CUMMINGS). more and is now doing so much to 1985: Philadelphia City Council approves a Mr. CUMMINGS. I thank the gen- reach out a hand to try to bring better resolution requesting the state legislature to tleman for yielding. relations but doing so in the context of allow the city to legalize video-poker ma- Mr. Speaker, I rise in support of the not accommodating a regime with chines. The legislature doesn’t. Baltimore Orioles’ goodwill mission to 1988: Gov. Robert P. Casey signs a bill al- which we do not agree but telling a lowing nonprofit organizations to raise funds Cuba. In the past year we have wit- people that is sometimes under that re- through small games of chance, such as nessed several historic events that are gime that we want to be their friends, ‘‘punchboards.’’ He vetoes a bill to authorize significant to the evolving debate sur- if not the friends of their government. offtrack-betting facilities, but the legisla- rounding Cuba, its citizens and United Governments cannot come together unless ture overrides his veto and the bill becomes States efforts to promote democracy. the people they serve find a common ground. law. Last year, Cuban citizens were al- This exhibition will not dissolve the dif- 1989: The State Horse Racing Commission lowed to celebrate Christmas. In Janu- ferences between our two governments but it approves the first application for an off- ary, Pope John Paul II conducted a se- track-betting outlet, in Reading. will allow the people of both lands to share in 1990: Casey vetoes a bill that would have ries of open air masses across the coun- their common passion. legalized gambling on video-poker machines try that were televised. And recently, Once again this spring, children in this in bars, restaurants and clubs. direct humanitarian charter flights to country will pick up their bats and gloves and March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1253 hit the playing fields with the same passion plate and give the other man his 1, the first day of this month, 1999, the that has motivated children and lovers of the chance. That is why baseball is the Federal national debt was $5.62 trillion. game for years. greatest game of them all, and now we That debt is increasing. In fact, it in- So too will the youth of Cuba. are going to be able to have a good will creased in 1999 by $95 billion in all of Their determination and effort will be di- game, two good will games between the our trust funds. The total interest that rected to the game. Cuban national team and the Balti- we paid last year on the national debt They will be absorbed in the pitching and more Orioles. was almost 15 percent of the total power hitters of their opponents not their poli- Mr. Speaker, let the games begin. budget, about $243 billion. tics. I am thrilled at the likelihood of an historic Mr. Speaker, now is the optimum The Baltimore Orioles exhibition in Havana sports exchange with Cuba in the very near time to take the steps necessary to re- will allow the people of both countries to share future duce the national debt. Our economy, their passions for the game and perhaps high- I am sure many of you have heard the news although not necessarily the Kansas light what the people of our nations have in of a goodwill game between the Cuban na- economy, is strong and Federal reve- common and not the differences that divide tional team and Maryland's beloved Baltimore nues stand ready for debt reduction. On them. Orioles. I commend Orioles owner Peter the very near horizon, however, we face It comes as no surprise to me that Peter Angelos for his hard work to make this dream a challenge of financing the retirement Angelos and the Baltimore Orioles have led a reality. of the baby boom generation. If we can the effort to see this game become a reality I am here tonight to express my strong sup- get our fiscal house in order now, we and on behalf of the State of Maryland I want port for this initiative and to urge the U.S. can meet this challenge. But if we to thank Peter Angelos for his vision for base- Congress to join all of us here tonight in sup- delay, our children will face the dual ball. porting this worthy endeavor. burden of servicing a large national A vision broader than the game itself which I want to say from the outset that any pro- debt, along with facing the liabilities removes the barriers for all who share a love ceeds from this exchange will not go to the to Social Security and Medicare. We do for the great game of baseball. Cuban Government. The proceeds will go to not have surpluses as far out as we can f support baseball and other activities related to see. sports in our two countries. Mr. Speaker, as the chart indicates, The SPEAKER pro tempore. Under a Indeed, supporting this initiative has nothing the national debt grows, and by the previous order of the House, the gen- to do with politics. That may seem strange year 2040, because of that generation of tleman from North Carolina (Mr. here in Washington where it is our job in many retirees, the national debt increases to JONES) is recognized for 5 minutes. respects to see the world through a political 200 percent of the gross domestic prod- (Mr. JONES of North Carolina ad- prism. uct. We need to take advantage of this dressed the House. His remarks will ap- But this is one time, thankfully, when it is to opportunity to begin the process of pear hereafter in the Extensions of Re- our advantage to see an exchange between paying down our national debt. Paying marks.) two countries, not as a political event, but sim- down the debt can lower interest rates. f ply as a gameÐAmerica's game and Cuba's Student loans, car loans, home mort- BALTIMORE ORIOLES-CUBA game. These are two countries whose identity gages and farm debts can all be less EXHIBITION BASEBALL GAMES is deeply rooted to their national pastime. burdensome with lower interest rates I think a fan quoted in the Miami Herald re- that the borrowing from the Federal The SPEAKER pro tempore. Under a cently had the right outlook for this game Government would generate. previous order of the House, the gen- when he said, ``They should just play. It's a Last week, the gentleman from Mis- tleman from Maryland (Mr. CARDIN) is game after all.'' sissippi (Mr. PICKERING) and I intro- recognized for 5 minutes. It is indeed a game after all. A bat and a duced H.R. 948, the Debt Down Pay- Mr. CARDIN. Mr. Speaker, I want to ball, two teams, a field and the undivided at- ment Act, and I spent some time on the follow the comments of the gentleman tention of two nations. That is all, Mr. Speaker, floor, an extended amount of time on from Maryland (Mr. HOYER) and the and that should be enough for now. the floor, explaining this legislative at- gentleman from Maryland (Mr. Perhaps we should heed the diplomatic tempt to my colleagues. This bill es- CUMMINGS) in really congratulating the words of one of the world's great EarlsÐthe tablishes a 10-year plan for reducing Baltimore Orioles and Peter Angelos Earl of Baltimore. Earl Weaver's famous com- the debt held by the public. It would for arranging for a game between the ment about America's pastime is the reason reduce it by $2.4 trillion; an average Baltimore Orioles and the Cuban na- why this game is such a wonderful idea and annual payment on the debt of $240 bil- tional team. opportunity for both nations: lion; no new spending; saves $729 billion As the gentleman from Maryland In baseball ``you can't sit on a lead and run in interest payments over 10 years. $729 (Mr. HOYER) indicated, baseball really a few plays into the line and just kill the billion. And it removes the Social Se- speaks an international language. This clock,'' Earl once said. ``You've got to throw curity trust fund from the revenues is going to be good for our Nation and the ball over the plate and give the other man that we calculate our surplus to pro- good for the people of Cuba. None of his chance. That's why baseball is the great- vide some honesty, not only to the the economic proceeds will go to the est game of them all.'' American people but especially to our- government of Cuba. Peter Angelos has Wherever it might be played, baseball is the selves. really, I think, done a favor for this best game around. So Mr. Speaker, let the This bill establishes a gradually re- Nation. I support this game. It has games begin. duced limit for public debt held over nothing to do about politics. It is a f the next 10 years, and by the year 2000, game. Two countries whose identity is this debt limit would be lowered to $3.5 deeply rooted in their national pas- THE DEBT DOWN PAYMENT ACT trillion, requiring a first year debt re- time. I think a fan who was quoted in The SPEAKER pro tempore. Under a duction of $100 billion. the Miami Herald recently had the previous order of the House, the gen- Our Nation’s most respected econo- right outlook for this game when he tleman from Kansas (Mr. MORAN) is mists remind us of the importance of said, ‘‘They should play it. It’s a game recognized for 5 minutes. paying down the national debt and the after all.’’ Mr. MORAN of Kansas. Mr. Speaker, opportunity that provides to shore up I would also like to quote from one of I am pleased to be here this evening Social Security. the real great diplomats in baseball, and particularly with the distinguished In just 13 years, payment from the one of the great Earls, the Earl of Bal- gentleman from Ohio (Mr. KASICH), the Social Security trust fund will exceed timore, Earl Weaver, the famous man- chairman of the Committee on the the incoming revenue to the Social Se- ager of the Baltimore Orioles. I think Budget, in the Chamber this evening. I curity trust fund. By reducing debt he had the game of baseball right when would like to point out a few facts to today, we can do something that will he said, in baseball you can’t sit on a my colleagues. make it easier to meet the needs of the lead and run a few plays into the line I know that these are issues of im- next generation’s retirement, and by and just kill the clock. Earl once said, portance to all of us, and I think it is removing the Social Security trust you got to throw the ball over the useful to be reminded that as of March fund revenues from the annual surplus H1254 CONGRESSIONAL RECORD — HOUSE March 11, 1999 calculations, we will gain a more accu- RESOLUTION OF THE NAGORNO joined by 19 of my colleagues on a bi- rate understanding of where we stand KARABAGH CONFLICT partisan basis in writing to Deputy financially. The SPEAKER pro tempore. Under a Secretary of State Strobe Talbott ask- b 2215 previous order of the House, the gen- ing that in his capacity as the Amer- tleman from New Jersey (Mr. PALLONE) ican co-chair of the Minsk Group he I have been pleased by recent reports personally meet with Mr. Ghoukasian the Senate budget proposal may in- is recognized for 5 minutes. Mr. PALLONE. Mr. Speaker, I want- during his visit to our Nation’s capital. clude a similar proposal toward reduc- ed to take this opportunity tonight to Unfortunately, Secretary Talbott was ing the debt. By establishing statutory welcome the visiting President of the not in Washington at the time of Presi- debt limits on publicly held debt we Nagorno Karabagh Republic, Mr. dent Ghoukasian’s visit, and President can hold our collective feet to the fire Arkady Ghoukasian. President Ghoukasian met instead with Donald by locking in gradual debt reduction. Ghoukasian is visiting our Nation’s Keyser who is special negotiator for Debt reduction should be a central capital this week as part of a trip that Nagorno Karabagh and the NIS re- component of our budget plans, and I also includes stops in California and gional conflicts. Mr. Keyser I should urge my colleagues in both chambers New York, and accompanying the say is doing a fine job in trying to win to insist that the 2000 budget proposal President on his first visit to the the confidence of the parties to the include a long-term plan to pay down United States is Ms. Naira conflict, but I believe it is important to our national debt. Let us agree today Melkoumian, the Foreign Minister of stress the need for the highest level to put an end to treating our national the Nagorno Karabagh Republic. contacts possible which are appropriate budget like a bad credit card spending. Yesterday I took part in a meeting and provide a sign of goodwill that Let us agree to pay more than the with President Ghoukasian and For- would help encourage progress in the monthly minimum and stop spending eign Minister Melkoumian that was at- negotiations. President Ghoukasian’s 15 percent of our budget on interest tended by several of my colleagues in status as the elected leader of one of payments. the House from both parties. The Presi- the parties to the conflict argues in of We are like those people with the dent also held private meetings with according him high-level recognition, credit card who just keep spending. We several other Members of the House and indeed our two Minsk Group part- do not even hardly make the minimum and the Senate and representatives of ners, France and Russia, provide a payment. We pay the interest, but we the Armenian Assembly of America stronger degree of recognition for the have no plan to ever pay the principle, and the Armenian National Committee Karabagh government than the United and today we ought to take the steps of America also took part in those States does. toward establishing a plan to do just meetings. The President also had meet- Last month a bipartisan group of that. We are at a crossroads. Let us ings with the State Department and Members of Congress and our staffs make the legacy that we leave to the met with some of Washington’s leading met with Special Negotiator Keyser. next generation one of economic hope think tanks and the media. At that meeting and in our follow-up and prosperity. Mr. Speaker, Nagorno Karabagh is a letter to Secretary Talbott we urged f region in the Caucasus Mountains of that the United States stay the course The SPEAKER pro tempore. Under a the former Soviet Union that has now in terms of the compromise Common- previous order of the House, the gen- and always has historically been popu- State approach, and, as I mentioned, tleman from Oregon (Mr. BLUMENAUER) lated by Armenians. Unfortunately, this approach has been accepted by Ar- is recognized for 5 minutes. Nagorno Karabagh’s independence has menian Nagorno Karabagh as a basis (Mr. BLUMENAUER addressed the not been given recognition by the for direct negotiations, but thus far House. His remarks will appear here- United States or the international Azerbaijan has rejected this approach. after in the Extensions of Remarks.) community. Neighboring Azerbaijan We hope that this rejection will not be f continues to claim Nagorno Karabagh’s the last word, and we urge the adminis- tration to take proactive steps to re- The SPEAKER pro tempore. Under a territory. A bloody war was fought verse Azerbaijan’s rejection. previous order of the House, the gen- over this region, and the Karabagh Ar- menians successfully defended their Mr. Speaker, last week I testified be- tleman from South Carolina (Mr. fore the Subcommittee on Foreign Op- DEMINT) is recognized for 5 minutes. homeland. A cease-fire was declared in 1994, which has more or less held de- erations of the House Committee on (Mr. DEMINT addressed the House. spite ongoing violations by Azerbaijan, Appropriations on the fiscal year 2000 His remarks will appear hereafter in but a final resolution of the conflict legislation, and I called for assistance the Extensions of Remarks.) has been elusive. to both the Republic of Armenia and f Mr. Speaker, the United States is a the Republic of Nagorno Karabagh and The SPEAKER pro tempore. Under a leader in the effort to help the parties to offer some proposals for how we can previous order of the House, the gen- to this conflict achieve a just and last- advance the peace process through this tleman from California (Mr. FILNER) is ing resolution of the conflict. The U.S. legislation. The subcommittee, I recognized for 5 minutes. is a co-chair along with France and should say, has been extremely atten- (Mr. FILNER addressed the House. Russia of the Minsk Group, of the Or- tive to the concerns of Armenia, His remarks will appear hereafter in ganization for Security and Coopera- Nagorno Karabagh and the entire the Extensions of Remarks.) tion in Europe established to resolve Caucasus region, and thanks to the f this dispute. subcommittee U.S. humanitarian as- The SPEAKER pro tempore. Under a The United States and our Minsk sistance is flowing to Nagorno previous order of the House, the gen- Group partners last year put forward a Karabagh. I urged the Subcommittee on Foreign Operations to express its tleman from Washington (Mr. SMITH) is new plan known as the Common-State recognized for 5 minutes. proposal for resolving the conflict. Ar- strong support for the U.S. position in menia and Nagorno Karabagh have the Minsk Group negotiations on (Mr. SMITH of Washington addressed both agreed to accept the proposal as a Nagorno Karabagh, and I hope the sub- the House. His remarks will appear basis for negotiations despite serious committee will adopt language calling hereafter in the Extensions of Re- reservations, but Azerbaijan’s response on the State Department to stay the marks.) to the constructive proposal by the course and to press Azerbaijan to come f United States and our partners has back to the negotiating table. There The SPEAKER pro tempore. Under a been a flat no. are strong indications that Azerbaijan previous order of the House, the gen- Mr. Speaker, the U.S. non-recogni- believes that it can maintain its tleman from Pennsylvania (Mr. tion of Nagorno Karabagh creates rejectionist policy by playing the oil HOEFFEL) is recognized for 5 minutes. issues about who in the State Depart- card given the interest in developing (Mr. HOEFFEL addressed the House. ment should meet with President petroleum resources in the Caspian Sea His remarks will appear hereafter in Ghoukasian or other representatives of although recent test drilling indicates the Extensions of Remarks.) Nagorno Karabagh, and last week I was less than expected quantities of oil are March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1255 causing some major American oil com- BILL PRESENTED TO THE 981. A letter from the Acting Director, Of- panies to pull out of Azerbaijan. PRESIDENT fice of Sustainable Fisheries, National Ma- rine Fisheries Service, National Oceanic and And there have been also been trou- Mr. THOMAS, from the Committee bling statements from Azerbaijan’s Atmospheric Administration, transmitting on House Administration, reported the Administration’s final rule—Fisheries of President Aliyev that he considers re- that that committee did on this day the Exclusive Economic Zone Off Alaska; newal of military conflict a viable op- present to the President for his ap- Pollock in Statistical Area 620 of the Gulf of tion for settling the dispute. proval, a bill of the House of the fol- Alaska [Docket No. 981222314–8321–02; I.D. Mr. Speaker, if I could just submit lowing title: 021699B] received February 22, 1999, pursuant the rest of my statement for the to 5 U.S.C. 801(a)(1)(A); to the Committee on H.R. 822. To nullify any reservation of Resources. RECORD, I just want to say it is very funds during fiscal year 1999 for guaranteed important that we send a message to 982. A letter from the General Counsel, De- loads under the Consolidated Farm and partment of Transportation, transmitting Azerbaijan that their intransigence in Rural Development Act for qualified begin- the Department’s final rule—Regulated opposing the Minsk Group proposal is a ning farmers or ranchers, and for other pur- Navigation Area; Air Clearance Restrictions matter of concern here in Washington. poses. at the Entrance to Lakeside Yacht Club and Finally, I am concerned about the aid num- f the Northeast Approach to Burke Lakefront bers for Armenia and Azerbaijan that were in- Airport in Cleveland Harbor, OH [CGD09–97– cluded in the Administration's budget request, ADJOURNMENT 002] (RIN: 2115–AE84) received February 23, which provide for a decrease in aid to Arme- Mr. PALLONE. Mr. Speaker, I move 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the nia, and an increase in aid to Azerbaijan. This that the House do adjourn. Committee on Transportation and Infra- structure. is strange, since Armenia (as well as Nagorno The motion was agreed to; accord- 983. A letter from the General Counsel, De- Karabagh) has accepted the compromise pro- ingly (at 10 o’clock and 24 minutes partment of Transportation, transmitting posal supported by the U.S., while Azerbaijan p.m.), under its previous order, the the Department’s final rule—Drawbridge Op- has rejected it. But the Administration budget House adjourned until Monday, March eration Regulation; Lower Grand River, LA proposed cutting aid to Armenia while increas- 15, 1999, at 2 p.m. [CGD08–99–008] (RIN: 2115–AE47) received February 23, 1999, pursuant to 5 U.S.C. ing aid to Azerbaijan. The unfortunate mes- f sage to Azerbaijan is that their intransigence 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. in opposing the Minsk Group proposal is not EXECUTIVE COMMUNICATIONS, ETC. 984. A letter from the General Counsel, De- a matter of concern here in Washington. That partment of Transportation, transmitting is not the signal we should be sending. Under clause 8 of rule XII, executive the Department’s final rule—Special Local The SPEAKER pro tempore. Under a communications were taken from the Regulations: Greenwood Lake Powerboat previous order of the House, the gentle- Speaker’s table and referred as follows: Classic, Greenwood Lake, New Jersey [CGD01–98–125] (RIN: 2115–AE46) received woman from Hawaii (Mrs. MINK) is rec- 975. A letter from the Administrator, Farm February 23, 1999, pursuant to 5 U.S.C. ognized for 5 minutes. Service Agency, Department of Agriculture, 801(a)(1)(A); to the Committee on Transpor- transmitting the Department’s final rule— (Mrs. MINK of Hawaii addressed the tation and Infrastructure. House. Her remarks will appear here- Implementation of Preferred Lender Pro- 985. A letter from the General Counsel, De- after in the Extensions of Remarks.) gram and Streamlining of Guaranteed Loan partment of Transportation, transmitting Regulations (RIN: 0560–AF38) received Feb- the Department’s final rule—Safety Zone: f ruary 22, 1999, pursuant to 5 U.S.C. Sunken Fishing Vessel CAPE FEAR, Buz- 801(a)(1)(A); to the Committee on Agri- zards Bay Entrance [CGD01 99–008] (RIN: SPECIAL ORDERS GRANTED culture. 2115–AA97) received February 23, 1999, pursu- 976. A communication from the President ant to 5 U.S.C. 801(a)(1)(A); to the Committee By unanimous consent, permission to of the United States, transmitting a request on Transportation and Infrastructure. address the House, following the legis- for an FY 1999 supplemental appropriation 986. A letter from the General Counsel, De- lative program and any special orders for the Department of the Interior; (H. Doc. partment of Transportation, transmitting heretofore entered, was granted to: No. 106—39); to the Committee on Appropria- the Department’s final rule—Safety Zone: (The following Members (at the re- tions and ordered to be printed. Scharfman Batmitzvah Fireworks, East 977. A letter from the Federal Register Li- quest of Mr. PALLONE) to revise and ex- River, Newtown Creek, New York [CGD01–99– aison Officer, Office of Thrift Supervision, 004] (RIN: 2115–AA97) received February 23, tend their remarks and include extra- Department of the Treasury, transmitting neous material:) 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Department’s final rule—Risk-Based Committee on Transportation and Infra- Mr. HOYER, for 5 minutes, today. Capital Standards: Construction Loans on structure. Mr. CARDIN, for 5 minutes, today. Presold Residential Properties; Junior Liens 987. A letter from the General Counsel, De- Mr. BLUMENAUER, for 5 minutes, on 1- to 4-Family Residential Properties; and partment of Transportation, transmitting today. Investments in Mutual Funds. Leverage Cap- the Department’s final rule—Drawbridge Op- ital Standards: Tier 1 Leverage Ratio [Dock- Mr. FILNER, for 5 minutes, today. eration Regulations; River Rouge (Short Cut et No. 98–125] (RIN: 1550–AB11) received Feb- Canal), Michigan [CGD09–98–055] (RIN: 2115– Mr. SMITH of Washington, for 5 min- ruary 26, 1999, pursuant to 5 U.S.C. utes, today. AE47) received February 23, 1999, pursuant to 801(a)(1)(A); to the Committee on Banking 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. HOEFFEL, for 5 minutes, today. and Financial Services. Transportation and Infrastructure. Mr. PALLONE, for 5 minutes, today. 978. A letter from the Secretary, Securities 988. A letter from the General Counsel, De- Mrs. MINK of Hawaii, for 5 minutes, and Exchange Commission, transmitting the partment of Transportation, transmitting today. Commission’s final rule—Rule 701—Exempt the Department’s final rule—Airworthiness (The following Members (at the re- Offerings Pursuant to Compensatory Ar- Directives; Allison Engine Company Model rangements [Release No. 33–7645; File No. S7– quest of Mr. SWEENEY) to revise and ex- AE 3007A and AE 3007A1/1 Turbofan Engines, 5–98] (RIN: 3235–AH21) received February 26, tend their remarks and include extra- Correction [Docket No. 98–ANE–14; Amend- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment 39–11017; AD 99–03–03] (RIN: 2120–AA64) neous material:) Committee on Commerce. received February 23, 1999, pursuant to 5 Mr. MORAN of Kansas, for 5 minutes, 979. A letter from the Secretary, Securities U.S.C. 801(a)(1)(A); to the Committee on today. and Exchange Commission, transmitting the Transportation and Infrastructure. Mr. DEMINT, for 5 minutes, today. Commission’s final rule—Revision of Rule 989. A letter from the General Counsel, De- 504 of Regulation D, the ‘‘Seed Capital’’ Ex- partment of Transportation, transmitting f emption [Release No. 33–7644; S7–14–98] (RIN: the Department’s final rule—Airworthiness 3235–AH35) received February 26, 1999, pursu- Directives; Allison Engine Company, Inc. AE SENATE ENROLLED BILL SIGNED ant to 5 U.S.C. 801(a)(1)(A); to the Committee 2100A, AE 2100C, and AE 2100D3 Series Turbo- The SPEAKER announced his signa- on Commerce. fan Engines, Correction [Docket No. 98–ANE– 980. A letter from the Assistant Secretary 83; Amendment 39–11023; AD 99–03–09] (RIN: ture to an enrolled bill of the Senate of for Legislative Affairs, Department of State, 2120–AA64) received February 23, 1999, pursu- the following title: transmitting certification of Presidential ant to 5 U.S.C. 801(a)(1)(A); to the Committee S. 447. An act to deem as timely filed, and Determination No. 99–16 in connection with on Transportation and Infrastructure. process for payment, the applications sub- the U.S. contribution to the Korean Penin- 990. A letter from the General Counsel, De- mitted by the Dodson School Districts for sula Energy Development Organization partment of Transportation, transmitting certain Impact Aid payment for fiscal year (‘‘KEDO’’); to the Committee on Inter- the Department’s final rule—Airworthiness 1999. national Relations. Directives; British Aerospace Jetstream H1256 CONGRESSIONAL RECORD — HOUSE March 11, 1999 Models 3101 and 3201 Airplanes [Docket No. the Department’s final rule—Amendment to authorize appropriations for fiscal years 2000 98–CE–76–AD; Amendment 39–11046; AD 99–04– Class E Airspace Kirksville, MO [Airspace and 2001 for the Coast Guard, and for other 21] (RIN: 2120–AA64) received February 23, Docket No. 99–ACE–9] received February 23, purposes; with an amendment (Rept. 106–51). 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Referred to the Committee of the Whole Committee on Transportation and Infra- Committee on Transportation and Infra- House on the State of the Union. structure. structure. f 991. A letter from the General Counsel, De- 1001. A letter from the General Counsel, partment of Transportation, transmitting Department of Transportation, transmitting PUBLIC BILLS AND RESOLUTIONS the Department’s final rule—Airworthiness the Department’s final rule—Amendment to Under clause 2 of rule XII, public Directives; Boeing Model 737 Series Air- Class E Airspace Springfield, MO [Airspace bills and resolutions were introduced planes [Docket No. 98–NM–148–AD; Amend- Docket No. 99–ACE–8] received February 23, and severally referred, as follows: ment 39–11048; AD 99–04–23] (RIN: 2120–AA64) 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the received February 23, 1999, pursuant to 5 Committee on Transportation and Infra- By Mr. GOODLATTE: U.S.C. 801(a)(1)(A); to the Committee on structure. H.R. 1069. A bill to amend title 38, United States Code, to authorize the memorializa- Transportation and Infrastructure. 1002. A letter from the General Counsel, tion at the columbarium at Arlington Na- 992. A letter from the General Counsel, De- Department of Transportation, transmitting tional Cemetery of veterans who have do- partment of Transportation, transmitting the Department’s final rule—Amendment to nated their remains to science, and for other the Department’s final rule—Airworthiness Class E Airspace; Newton, KS [Airspace purposes; to the Committee on Veterans’ Af- Directives; Airbus Model A330 and A340 Se- Docket No. 99–ACE–3] received February 23, fairs. ries Airplanes [Docket No. 97–NM–316–AD; 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the By Mr. LAZIO (for himself, Ms. ESHOO, Amendment 39–11041; AD 99–04–16] (RIN: 2120– Committee on Transportation and Infra- Ms. ROS-LEHTINEN, Mrs. CAPPS, Mrs. AA64) received February 23, 1999, pursuant to structure. MORELLA, Mrs. KELLY, Mr. BROWN of 5 U.S.C. 801(a)(1)(A); to the Committee on 1003. A letter from the General Counsel, Ohio, Mr. GEORGE MILLER of Califor- Transportation and Infrastructure. Department of Transportation, transmitting nia, Mr. HORN, Mr. DIXON, Ms. 993. A letter from the General Counsel, De- the Department’s final rule—Amendment to PELOSI, Mr. LATOURETTE, Mr. WAX- partment of Transportation, transmitting Class E Airspace; Perry, IA [Airspace Docket MAN, Mr. SERRANO, Mr. GILMAN, Mr. the Department’s final rule—Airworthiness No. 98–ACE–52] received February 23, 1999, MALONEY of Connecticut, Mr. MEE- Directives; Airbus Model A300–600 Series Air- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- HAN, Mr. WELDON of Pennsylvania, planes [Docket No. 98–NM–301–AD; Amend- mittee on Transportation and Infrastruc- Mr. UNDERWOOD, Mr. SHOWS, Mr. ment 39–11043; AD 99–04–18] (RIN: 2120–AA64) ture. ABERCROMBIE, Mr. MCHUGH, Mr. received February 23, 1999, pursuant to 5 1004. A letter from the General Counsel, ETHERIDGE, Mr. SANDERS, Mrs. CLAY- U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting TON, Mr. WALSH, Mr. MCGOVERN, Mr. Transportation and Infrastructure. the Department’s final rule—Amendment to MCNULTY, Mr. FROST, Mr. NEY, Mr. 994. A letter from the General Counsel, De- Class E Airspace; Boonville, MO [Airspace OLVER, Ms. MILLENDER-MCDONALD, partment of Transportation, transmitting Docket No. 99–ACE–6] received February 23, Mr. CROWLEY, Mr. SUNUNU, Mr. CLEM- the Department’s final rule—Airworthiness 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the ENT, Mr. STARK, Ms. CARSON, Mr. Directives; Boeing Model 777 Series Air- Committee on Transportation and Infra- FOLEY, Mr. COYNE, Mr. LANTOS, Mr. planes [Docket No. 98–NM–320–AD; Amend- structure. INSLEE, Mrs. WILSON, Mr. SHERMAN, ment 39–11044; AD 99–04–19] (RIN: 2120–AA64) 1005. A letter from the General Counsel, Mr. BALDACCI, Mr. BOEHLERT, Mr. LU- received February 23, 1999, pursuant to 5 Department of Transportation, transmitting THER, Mr. HINOJOSA, Mr. DEFAZIO, U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule—Amendment to Mr. QUINN, Mr. PRICE of North Caro- Transportation and Infrastructure. Class E Airspace; Selinsgrove, PA [Airspace lina, Mr. RANGEL, Mr. WEYGAND, Mr. 995. A letter from the General Counsel, De- Docket No. 98–AEA–45] received February 23, FORBES, Mr. MEEKS of New York, Mr. partment of Transportation, transmitting 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the NADLER, Mr. BARRETT of Wisconsin, the Department’s final rule—Airworthiness Committee on Transportation and Infra- Ms. WOOLSEY, Mr. KUCINICH, Mr. KING Directives; Saab Model SAAB SF340A and structure. of New York, Ms. SLAUGHTER, Mrs. SAAB 340B Series Airplanes [Docket No. 97– 1006. A letter from the General Counsel, TAUSCHER, Mr. BILBRAY, Mr. THOMP- NM–236–AD; Amendment 39–11042; AD 99–04– Department of Transportation, transmitting SON of Mississippi, Mr. HINCHEY, Mr. 17] (RIN: 2120–AA64) received February 23, the Department’s final rule—Amendment of KLECZKA, Mr. PAYNE, Mr. WYNN, Mr. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Class E Airspace; Leadville, CO [Airspace JEFFERSON, Mr. SMITH of New Jersey, Committee on Transportation and Infra- Docket No. 98–ANM–08] received February 23, Mr. MASCARA, Mr. LOBIONDO, Mr. structure. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 996. A letter from the General Counsel, De- OBERSTAR, Mr. LEACH, Mr. RUSH, Mr. Committee on Transportation and Infra- partment of Transportation, transmitting MATSUI, Mr. DINGELL, Mrs. EMERSON, structure. the Department’s final rule—Airworthiness Mr. FILNER, Mrs. MYRICK, and Ms. 1007. A letter from the General Counsel, Directives; Empresa Brasileira de LOFGREN): Department of Transportation, transmitting Aeronautica S.A. (EMBRAER) Model EMB– H.R. 1070. A bill to amend title XIX of the the Department’s final rule—Amendment to 145 Series Airplanes [Docket No. 98–NM–317– Social Security Act to provide medical as- Class E Airspace; Rockland, ME [Airspace AD; Amendment 39–10904; AD 98–24–19] (RIN: sistance for certain women screened and Docket No. 98–ANE–95] received February 23, 2120–AA64) received February 23, 1999, pursu- found to have breast or cervical cancer under 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the ant to 5 U.S.C. 801(a)(1)(A); to the Committee a federally funded screening program; to the Committee on Transportation and Infra- on Transportation and Infrastructure. Committee on Commerce. structure. 997. A letter from the General Counsel, De- By Mr. EVANS (for himself, Mr. DIN- 1008. A letter from the General Counsel, partment of Transportation, transmitting GELL, Mr. FILNER, Mr. SHOWS, and Department of Transportation, transmitting the Department’s final rule—Amendment to Ms. BROWN of Florida): the Department’s final rule—IFR Altitudes; Class E Airspace; El Dorado, KS [Airspace H.R. 1071. A bill to amend title 38, United Miscellaneous Amendments [Docket No. Docket No. 99–ACE–5] received February 23, States Code, to improve benefits under the 29467; Amdt. No. 414] received February 23, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Montgomery GI Bill by establishing an en- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infra- hanced educational assistance program, by Committee on Transportation and Infra- structure. increasing the amount of basic educational 998. A letter from the General Counsel, De- structure. assistance, by repealing the requirement for partment of Transportation, transmitting f reduction in pay for participation in the pro- the Department’s final rule—Amendment to gram, by authorizing the Secretary of Veter- Class E Airspace; Dubuque, IA [Airspace REPORTS OF COMMITTEES ON ans Affairs to make accelerated payments of Docket No. 98–ACE–58] received February 23, PUBLIC BILLS AND RESOLUTIONS basic educational assistance, and by reopen- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Under clause 2 of rule XIII, reports of ing the period for certain VEAP participants Committee on Transportation and Infra- committees were delivered to the Clerk to elect to participate in the program of structure. for printing and reference to the proper basic educational assistance, and for other 999. A letter from the General Counsel, De- purposes; to the Committee on Veterans’ Af- partment of Transportation, transmitting calendar, as follows: fairs. the Department’s final rule—Amendment to Mr. BURTON: Committee on Government By Mr. FORBES: Class E Airspace; Fort Madison, IA [Airspace Reform. A Citizen’s Guide on Using the Free- H.R. 1072. A bill to require the Nuclear Docket No. 98–ACE–57] received February 23, dom of Information Act and the Privacy Act Regulatory Commission to require appli- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the of 1974 to Request Government Records cants for or holders of operating licenses for Committee on Transportation and Infra- (Rept. 106–50). Referred to the Committee of nuclear power reactors to have in effect an structure. the Whole House on the State of the Union. emergency response plan for an area within 1000. A letter from the General Counsel, Mr. SHUSTER: Committee on Transpor- a 50 mile radius of the reactor; to the Com- Department of Transportation, transmitting tation and Infrastructure. H.R. 820. A bill to mittee on Commerce. March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1257 By Mr. LAZIO (for himself and Mr. By Mr. BOUCHER (for himself, Mr. H.R. 1084. A bill to amend the Internal Rev- FRANK of Massachusetts): GILCHREST, Mr. PETRI, Mr. JEFFER- enue Code of 1986 to provide tax relief, to en- H.R. 1073. A bill to amend title IV of the SON, Mr. TANNER, Mr. PRICE of North courage savings and investment, and to pro- Stewart B. McKinney Homeless Assistance Carolina, and Mr. FROST): vide incentives for public school construc- Act to consolidate the Federal programs for H.R. 1081. A bill to provide for protection tion, and to amend the Social Security Act housing assistance for the homeless into a of the flag of the United States; to the Com- to provide relief from the earnings test; to block grant program that ensures that mittee on the Judiciary. the Committee on Ways and Means. States and communities are provided suffi- By Mr. CONYERS (for himself, Mrs. By Mrs. EMERSON: cient flexibility to use assistance amounts MORELLA, Ms. BALDWIN, Mr. FORBES, H.R. 1085. A bill to improve the health of effectively; to the Committee on Banking Mr. GEPHARDT, Mr. FRANK of Massa- children; to the Committee on Commerce, and Financial Services. chusetts, Mr. BERMAN, Mr. BOUCHER, and in addition to the Committees on Ways By Mr. BLILEY (for himself, Mr. Mr. NADLER, Ms. LOFGREN, Ms. JACK- and Means, and Education and the Work- MCINTOSH, Mr. CONDIT, Mr. STEN- SON-LEE of Texas, Mr. MEEHAN, Mr. force, for a period to be subsequently deter- HOLM, Mr. SHUSTER, Mr. PICKETT, Mr. DELAHUNT, Mr. WEXLER, Mr. mined by the Speaker, in each case for con- GOODE, Mr. HALL of Texas, Mr. JOHN, ROTHman, Mr. WEINER, Mr. ABER- sideration of such provisions as fall within Mr. TURNER, Mr. ENGLISH, Mr. GOOD- CROMBIE, Mr. ACKERMAN, Mr. ALLEN, the jurisdiction of the committee concerned. LATTE, Mr. ARMEY, Mr. DELAY, Mr. Mr. ANDREWS, Mr. BAIRD, Mr. By Mr. FORD (for himself, Mrs. CRAMER, Mr. GILLMOR, Mr. OXLEY, BALDACCI, Mr. BARRETT of Wisconsin, MCCARTHY of New York, Mr. MEEHAN, Mr. LARGENT, Mr. ARCHER, Mr. MAN- Mr. BILBRAY, Mr. BLAGOJEVICH, Mr. Mr. WEINER, Ms. JACKSON-LEE of ZULLO, Mr. SANDLIN, Mr. WATTS of BLUMENAUER, Mr. BOEHLERT, Mr. Texas, Mrs. MALONEY of New York, Oklahoma, Mr. GEKAS, Mr. BARCIA, BONIOR, Mr. BOSWELL, Mr. BRADY of Mr. WYNN, Mr. MENENDEZ, Mrs. MEEK Mr. BISHOP, Mr. BOYD, Mr. CLEMENT, Pennsylvania, Ms. BROWN of Florida, of Florida, Mrs. LOWEY, Mr. NADLER, Mr. FORD, Mr. SHOWS, Mr. TANNER, Mr. BROWN of California, Mr. BROWN Mr. CONYERS, Ms. MILLENDER-MCDON- and Mr. TRAFICANT): of Ohio, Mrs. CAPPS, Mr. CAPUANO, ALD, Mr. JACKSON of Illinois, and Mr. H.R. 1074. A bill to provide Government- Mr. CARDIN, Ms. CARSON, Mr. CLAY, DAVIS of Illinois): wide accounting of regulatory costs and ben- Mrs. CLAYTON, Mrs. CHRISTENSEN, Mr. H.R. 1086. A bill to reform the manner in efits, and for other purposes; to the Commit- COYNE, Mr. CROWLEY, Mr. DAVIS of Il- which firearms are manufactured and dis- tee on Government Reform. linois, Ms. DEGETTE, Mr. DINGELL, tributed by providing an incentive to State By Ms. STABENOW (for herself, Mr. Mr. DIXON, Mr. ENGEL, Mr. FARR of and local governments to bring claims for CONYERS, Ms. KILPATRICK, Mrs. California, Mr. FILNER, Mr. FORD, Mr. the rising costs of gun violence in their com- MALONEY of New York, Mr. POMEROY, FROST, Mr. GEJDENSON, Mr. GILMAN, munities; to the Committee on the Judici- Ms. LOFGREN, and Mr. LARSON): Mr. GONZALEZ, Mr. GREEN of Texas, ary. H.R. 1075. A bill to amend the Internal Rev- Mr. GREENWOOD, Mr. HASTINGS of By Mr. GALLEGLY: enue Code of 1986 to provide incentives to el- H.R. 1087. A bill to require the relocation Florida, Mr. HINOJOSA, Mr. HORN, Mr. ementary and secondary teachers for tech- of a National Weather Service radar tower HOYER, Ms. EDDIE BERNICE JOHNSON nology-related training for purposes of inte- which is on Sulphur Mountain near Ojai, of Texas, Mrs. JOHNSON of Connecti- grating educational technologies into the California; to the Committee on Science. cut, Mr. KENNEDY of Rhode Island, courses taught in our Nation’s classrooms; to By Mr. GILCHREST: Mr. KILDEE, Ms. KILPATRICK, Mr. the Committee on Ways and Means. H.R. 1088. A bill to amend title XVIII of the KUCINICH, Mr. LANTOS, Mr. LARSON, By Ms. STABENOW (for herself, Mr. Social Security Act to eliminate the budget Mr. LEACH, Mr. LEVIN, Mr. LEWIS of CONYERS, Ms. KILPATRICK, Ms. neutrality adjustment factor used in cal- Georgia, Mrs. LOWEY, Mrs. MCCARTHY LOFGREN, and Mr. LARSON): culating the blended capitation rate for of New York, Mr. MCDERMOTT, Mr. H.R. 1076. A bill to amend the Internal Rev- MedicareChoice organizations and to accel- MCGOVERN, Mr. MCNULTY, Mrs. enue Code of 1986 to provide incentives to el- erate the transition to the 50:50 blended rate MALONEY of New York, Mr. MALONEY ementary and secondary teachers for acqui- in 2000; to the Committee on Ways and of Connecticut, Mr. MARKEY, Mr. sition of computer hardware and software; to Means, and in addition to the Committee on MATSUI, Mrs. MEEK of Florida, Mr. the Committee on Ways and Means. Commerce, for a period to be subsequently MENENDEZ, Ms. MILLENDER-MCDON- By Mr. PAUL (for himself, Mrs. determined by the Speaker, in each case for ALD, Mr. GEORGE MILLER of Califor- CHENOWETH, Mr. DEFAZIO, Mr. DUN- consideration of such provisions as fall with- nia, Mrs. MINK of Hawaii, Mr. MOAK- CAN, Mr. HOSTETTLER, and Mr. in the jurisdiction of the committee con- LEY, Mr. MOORE, Mrs. NAPOLITANO, STUMP): cerned. Ms. NORTON, Mr. OBERSTAR, Mr. H.R. 1077. A bill to amend the Federal By Mr. GILLMOR (for himself, Mr. OLVER, Mr. OWENS, Mr. PALLONE, Mr. Food, Drug, and Cosmetic Act to allow con- OXLEY, Mr. MARKEY, Mr. TOWNS, Mr. PAYNE, Ms. PELOSI, Mr. PRICE of sumers greater access to information regard- WHITFIELD, Mr. LARGENT, Mr. WAX- North Carolina, Mr. RAHALL, Mr. ing the health benefits of foods and dietary MAN, Mr. DEAL of Georgia, Mr. BURR REYES, Ms. ROYBAL-ALLARD, Mr. supplements; to the Committee on Com- of North Carolina, Mr. TAUZIN, and RUSH, Mr. SABO, Mr. SANDERS, Mr. merce. Mr. HALL of Texas): By Mr. PAUL: SANDLIN, Mr. SAWYER, Ms. H.R. 1089. A bill to require the Securities H.R. 1078. A bill to amend the Communica- SCHAKOWSKY, Mr. SHERMAN, Ms. and Exchange Commission to require the im- tions Act of 1934 with respect to retrans- SLAUGHTER, Mr. SMITH of Washing- proved disclosure of after-tax returns regard- mission consent and must-carry for cable op- ton, Ms. STABENOW, Mr. STARK, Mrs. ing mutual fund performance, and for other erators and satellite carriers; to the Com- TAUSCHER, Mr. THOMPSON of Mis- purposes; to the Committee on Commerce. mittee on Commerce. sissippi, Mr. TOWNS, Mr. UNDERWOOD, By Mr. GREEN of Texas (for himself, AXMAN EYGAND By Mr. ABERCROMBIE (for himself, Mr. W , Mr. W , Ms. Mr. TOWNS, Mr. LATOURETTE, Mr. OOLSEY YNN Mr. KILDEE, Mr. RUSH, Mr. UNDER- W , and Mr. W ): SHOWS, Mr. MEEHAN, Mr. GONZALEZ, WOOD, Mrs. MINK of Hawaii, Ms. KIL- H.R. 1082. A bill to enhance Federal en- Mr. FROST, Mr. PALLONE, Mr. NAD- PATRICK, Mr. KENNEDY of Rhode Is- forcement of hate crimes, and for other pur- LER, Mrs. MALONEY of New York, Mr. land, Mr. SHOWS, Mrs. JONES of Ohio, poses; to the Committee on the Judiciary. BENTSEN, Ms. DELAURO, Mrs. KELLY, Mr. FROST, Mr. BRADY of Pennsyl- By Ms. DUNN (for herself, Mr. SMITH of Mr. LAFALCE, Mr. RODRIGUEZ, Mrs. vania, Mr. PAYNE, Mr. COOK, Mr. Washington, Mr. RAMSTAD, Mr. MINK of Hawaii, Mr. RAHALL, Mr. CAMP, Mr. THOMPSON of Mississippi, SANDLIN, Mr. CAMP, Mr. CRAMER, Mr. FOLEY, Mr. WALSH, Mr. WYNN, Mr. Mr. SHERMAN, Mr. JEFFERSON, Mr. FOLEY, Mr. BALDACCI, Mr. WATKINS, KOLBE, and Mrs. EMERSON): HINCHEY, Ms. BROWN of Florida, Mr. Mr. SHOWS, Mr. HERGER, Mr. BISHOP, H.R. 1090. A bill to amend title XVIII of the BLAGOJEVICH, Mr. KLECZKA, Mrs. Mr. GREEN of Wisconsin, Mr. PETER- Social Security Act to exclude cancer treat- CAPPS, Mrs. MYRICK, Ms. STABENOW, SON of Minnesota, Mr. STUPAK, Mr. ment services from the prospective payment and Mr. OBERSTAR): MCCRERY, Mr. ENGLISH, and Mr. COL- system for hospital outpatient department H.R. 1079. A bill to provide for equitable re- LINS): services under the Medicare Program; to the tirement for military reserve technicians H.R. 1083. A bill to amend the Internal Rev- Committee on Commerce, and in addition to who are covered under the Federal Employ- enue Code of 1986 to modify certain provi- the Committee on Ways and Means, for a pe- ment Retirement System or the Civil Serv- sions relating to the treatment of forestry riod to be subsequently determined by the ice Retirement System; to the Committee on activities; to the Committee on Ways and Speaker, in each case for consideration of Government Reform. Means. such provisions as fall within the jurisdic- By Mr. BLUMENAUER (for himself, By Ms. DUNN (for herself, Mr. WELLER, tion of the committee concerned. Mr. INSLEE, Mrs. MEEK of Florida, Mr. GILLMOR, Mr. HILL of Montana, By Mr. HULSHOF: Mr. NEY, and Mr. QUINN): Mr. LEWIS of California, Mr. H.R. 1091. A bill to amend the Social Secu- H.R. 1080. A bill to provide penalties for HOSTETTLER, Mrs. FOWLER, Mr. rity Act to expand the availability of health terrorist attacks against mass transpor- SPENCE, Mr. CUNNINGHAM, and Mrs. care coverage for working individuals with tation; to the Committee on the Judiciary. BIGGERT): diabilities, to establish a Ticket to Work and H1258 CONGRESSIONAL RECORD — HOUSE March 11, 1999

Self-Sufficiency Program in the Social Secu- H.R. 1093. A bill to provide collective bar- EROY, Mr. BENTSEN, Mr. KOLBE, Mrs. rity Administration to provide beneficiaries gaining rights for public safety officers em- MORELLA, Mr. NUSSLE, Mr. MCCRERY, with disabilities meaningful opportunities to ployed by States or their political subdivi- and Mr. RAMSTAD): work, and for other purposes; to the Commit- sions; to the Committee on Education and H.R. 1102. A bill to provide for pension re- tee on Ways and Means, and in addition to the Workforce. form, and for other purposes; to the Commit- the Committee on Commerce, for a period to By Mr. LEACH (for himself, Mr. LA- tee on Ways and Means, and in addition to be subsequently determined by the Speaker, FALCE, Mr. BACHUS, and Ms. WA- the Committees on Education and the Work- in each case for consideration of such provi- TERS): force, and Government Reform, for a period sions as fall within the jurisdiction of the H.R. 1094. A bill to amend the Federal Re- to be subsequently determined by the Speak- committee concerned. serve Act to broaden the range of discount er, in each case for consideration of such pro- By Mrs. JOHNSON of Connecticut (for window loans which may be used as collat- visions as fall within the jurisdiction of the herself, Mr. MATSUI, Mr. CAMPBELL, eral for Federal reserve notes; to the Com- committee concerned. Ms. LOFGREN, Mr. COX, Mr. mittee on Banking and Financial Services. By Mr. RANGEL (for himself, Mr. CUNNINGHAM, Mrs. TAUSCHER, Ms. By Mr. LEACH (for himself, Mr. LA- STARK, Mr. QUINN, Mr. WALSH, Mr. ESHOO, Mr. KUYKENDALL, Mr. SHOWS, FALCE, Mr. BACHUS, Ms. WATERS, Mr. ACKERMAN, Mrs. CHRISTENSEN, Mr. Mrs. BONO, Mr. MCNULTY, Mr. SES- BEREUTER, Mr. FRANK of Massachu- DOYLE, Mr. FATTAH, Mr. FROST, Mr. SIONS, Mr. FROST, Mr. SAM JOHNSON setts, Mr. WOLF, and Mr. HALL of HINCHEY, Mr. HOLDEN, Mr. JENKINS, of Texas, Mr. THOMPSON of California, Ohio): Ms. KILPATRICK, Mr. KLINK, Mr. LA- Mr. KANJORSKI, Ms. DUNN, Mr. LEWIS H.R. 1095. A bill to require the United FALCE, Mr. MASCARA, Mr. MATSUI, of California, Mr. RAMSTAD, Mr. States to take action to provide bilateral Mr. MCDERMOTT, Mr. MCGOVERN, Ms. HERGER, Mrs. NAPOLITANO, Mr. DOO- debt relief, and improve the provision of SLAUGHTER, Mr. MCNULTY, Mr. NAD- LITTLE, Mr. PACKARD, Mr. BILBRAY, multilateral debt relief, in order to give a LER, Mr. PASTOR, Mr. SERRANO, Mrs. Mr. CONDIT, Mr. RADANOVICH, and Mr. fresh start to poor countries; to the Commit- THURMAN, Mr. TOWNS, and Ms. VELAZ- POMBO): tee on International Relations, and in addi- QUEZ): H.R. 1092. A bill to amend the Internal Rev- tion to the Committee on Banking and Fi- H.R. 1103. A bill to amend title XVIII of the enue Code of 1986 to more accurately codify nancial Services, for a period to be subse- Social Security Act to carve out from pay- the depreciable life of semiconductor manu- quently determined by the Speaker, in each ments to MedicareChoice organizations facturing equipment; to the Committee on case for consideration of such provisions as amounts attributable to disproportionate Ways and Means. fall within the jurisdiction of the committee share hospital payments and pay such By Mr. KILDEE (for himself, Mr. NEY, concerned. amounts directly to those disproportionate Mr. ABERCROMBIE, Mr. ACKERMAN, By Mrs. LOWEY (for herself, Ms. share hospitals in which their enrollees re- Mr. ALLEN, Mr. BAIRD, Mr. BALDACCI, DELAURO, Mr. SHAYS, Mr. LEWIS of ceive care; to the Committee on Ways and Mr. BARCIA, Mr. BARRETT of Wiscon- Georgia, Ms. PELOSI, Mr. KENNEDY of Means, and in addition to the Committee on sin, Mr. BERMAN, Mr. BLAGOJEVICH, Rhode Island, Mr. ACKERMAN, Mr. Commerce, for a period to be subsequently Mr. BLUMENAUER, Mr. BOEHLERT, Mr. FROST, Mr. MEEHAN, and Mr. CROW- determined by the Speaker, in each case for BONIOR, Mr. BORSKI, Mr. BOSWELL, LEY): consideration of such provisions as fall with- Mr. BOYD, Mr. BRADY of Pennsyl- H.R. 1096. A bill to amend the Federal in the jurisdiction of the committee con- vania, Ms. BROWN of Florida, Mr. Water Pollution Control Act to provide spe- cerned. BROWN of California, Mr. BROWN of cial funding to States for implementation of By Mr. SWEENEY: Ohio, Mr. CAMPBELL, Mrs. CAPPS, Mr. national estuary conservation and manage- H.R. 1104. A bill to authorize the Secretary CAPUANO, Mr. CLAY, Mrs. CLAYTON, ment plans, and for other purposes; to the of the Interior to transfer administrative ju- Mr. COYNE, Mr. CRAMER, Mr. CROW- Committee on Transportation and Infra- risdiction over land within the boundaries of LEY, Mr. DAVIS of Florida, Mr. DAVIS structure. the Home of Franklin D. Roosevelt National of Virginia, Mr. DEFAZIO, Mr. By Mr. NEAL of Massachusetts: Historic Site to the Archivist of the United DELAHUNT, Ms. DELAURO, Mr. H.R. 1097. A bill to amend the Internal Rev- States for the construction of a visitor cen- DEUTSCH, Mr. DIAZ-BALART, Mr. enue Code of 1986 to simplify the $500 per ter; to the Committee on Resources. DICKS, Mr. DOYLE, Mr. DUNCAN, Mr. child tax credit and other individual non-re- By Mr. THOMPSON of California (for ENGEL, Mr. ENGLISH, Mr. FARR of fundable credits by repealing the complex himself, Mr. OSE, Mr. DOOLEY of Cali- California, Mr. FATTAH, Mr. FILNER, limitations on the allowance of those credits fornia, and Mr. RADANOVICH): Mr. FOLEY, Mr. FORBES, Mr. FORD, resulting from their interaction with the al- H.R. 1105. A bill to amend the Internal Rev- Mr. FROST, Mr. GALLEGLY, Mr. ternative minimum tax; to the Committee enue Code of 1986 to provide that transfers of GEJDENSON, Mr. GILMAN, Mr. GON- on Ways and Means. family-owned business interests shall be ex- ZALEZ, Mr. GREEN of Texas, Mr. By Mr. NEY: empt from estate taxation; to the Committee GUTIERREZ, Mr. HINOJOSA, Mr. H.R. 1098. A bill to amend title 10, United on Ways and Means. HOLDEN, Mr. HOYER, Ms. KAPTUR, Mr. States Code, to require an annual report by By Mrs. THURMAN (for herself, Mrs. KENNEDY of Rhode Island, Mr. KIND of the Secretary of Defense on the military ca- FOWLER, Ms. BROWN of Florida, Mr. Wisconsin, Mr. KING of New York, pabilities of the People’s Republic of China; MICA, Mr. BILIRAKIS, Mr. BOYD, Mr. Mr. KLECZKA, Mr. KLINK, Mr. to the Committee on Armed Services. COLLINS, Mr. DAVIS of Florida, Mr. KUCINICH, Mr. LAMPSON, Mr. LANTOS, By Mr. OWENS (for himself, Mr. HILL- DEAL of Georgia, Mr. DEUTSCH, Mr. Mr. LATOURETTE, Ms. LEE, Mr. LEWIS IARD, Ms. MCKINNEY, and Mr. SAND- FOLEY, Mr. HASTINGS of Florida, Mr. of Georgia, Mr. LOBIONDO, Ms. ERS): LEWIS of Georgia, Mr. MCCOLLUM, LOFGREN, Mrs. LOWEY, Mr. LUTHER, H.R. 1099. A bill to amend the Internal Rev- Mrs. MEEK of Florida, Mr. SHAW, Mr. Mr. MCDERMOTT, Mr. MCGOVERN, Mr. enue Code of 1986 to provide more revenue for STEARNS, and Mr. YOUNG of Florida): MALONEY of Connecticut, Mr. MAR- the Social Security system by imposing a H.R. 1106. A bill to authorize the Adminis- TINEZ, Mr. MASCARA, Mrs. MEEK of tax on certain unearned income and to pro- trator of the Environmental Protection Florida, Mr. METCALF, Ms. vide tax relief for more than 80,000,000 indi- Agency to make grants to State agencies MILLENDER-MCDONALD, Mr. GEORGE viduals and families who pay more in Social with responsibility for water source develop- MILLER of California, Mrs. MINK of Security taxes than income taxes by reduc- ment for the purpose of maximizing avail- Hawaii, Mrs. MORELLA, Mr. NEAL of ing the rate of the old age, survivors, and able water supply and protecting the envi- Massachusetts, Ms. NORTON, Mr. disability insurance Social Security payroll ronment through the development of alter- OBERSTAR, Mr. OLVER, Mr. OWENS, tax; to the Committee on Ways and Means. native water sources; to the Committee on Mr. PALLONE, Mr. PASCRELL, Mr. By Mr. POMBO: Transportation and Infrastructure. PASTOR, Mr. PAYNE, Mr. QUINN, Mr. H.R. 1100. A bill to correct an oversight in By Mr. WATKINS: RAHALL, Mr. RAMSTAD, Mr. REYES, earlier legislation by directing the National H.R. 1107. A bill to amend title II of the So- Ms. RIVERS, Ms. ROS-LEHTINEN, Mr. Park Service to grant to three individuals a cial Security Act to waive the waiting period ROTHman, Mrs. ROUKEMA, Mr. RUSH, right of use and occupancy of certain prop- otherwise required for diability beneficiaries Mr. SANDERS, Mr. SANDLIN, Mr. SAW- erty on Santa Cruz Island; to the Committee in the case of individuals suffering from ter- YER, Mr. SHERMAN, Mr. SHOWS, Ms. on Resources. minal illnesses with not more than six SLAUGHTER, Mr. SNYDER, Ms. H.R. 1101. A bill to amend the Endangered months to live; to the Committee on Ways STABENOW, Mr. STARK, Mr. STRICK- Species Act of 1973 to improve the ability of and Means. LAND, Mr. STUPAK, Mr. SUNUNU, Mrs. individuals and local, State, and Federal By Mr. BARTON of Texas (for himself, TAUSCHER, Mrs. THURMAN, Mr. agencies to prevent natural flood disaster; to Mr. HALL of Texas, Mr. GOODE, Mr. TIERNEY, Mr. TOWNS, Mr. TRAFICANT, the Committee on Resources. SHADEGG, Mr. ADERHOLT, Mr. AN- Mr. VENTO, Mr. WALSH, Mr. WAXMAN, By Mr. PORTMAN (for himself, Mr. DREWS, Mr. ARCHER, Mr. ARMEY, Mr. Mr. WELDON of Pennsylvania, Mr. CARDIN, Mrs. JOHNSON of Connecti- BACHUS, Mr. BAKER, Mr. BALLENGER, WELLER, Mr. WEYGAND, Mr. WEXLER, cut, Mr. HOUGHTON, Mr. LEWIS of Mr. BARR of Georgia, Mr. BARTLETT Ms. WOOLSEY, Mr. WYNN, and Mr. Georgia, Mr. WELLER, Mr. TANNER, of Maryland, Mr. BASS, Mrs. BIGGERT, YOUNG of Alaska): Mr. BLUNT, Mr. BOEHNER, Mr. POM- Mr. BILBRAY, Mr. BRADY of Texas, March 11, 1999 CONGRESSIONAL RECORD — HOUSE H1259

Mr. BILIRAKIS, Mr. BLILEY, Mr. H. Con. Res. 53. A concurrent resolution H.R. 8: Mr. ROHRABACHER and Mr. DOO- BLUNT, Mr. BOEHNER, Mr. BONILLA, concerning the Taiwan Relations Act; to the LITTLE. Mr. BRYANt, Mr. BURR of North Caro- Committee on International Relations. H.R. : 14: Mr. HOSTETTLER. lina, Mr. BURTON of Indiana, Mr. CAL- By Mr. CROWLEY (for himself, Mr. H.R. 21: Mr. PICKETT, Mr. HERGER, Mr. LAHAN, Mr. CALVERT, Mr. CANNON, KING of New York, Mr. SHOWS, Mr. SMITH of Washington, Mr. WELLER, Mr. Mr. CASTLE, Mr. CHABOT, Mr. HOLDEN, Mr. BROWN of California, Mr. PALLONE, Mr. DOOLEY of California, Mr. OSE, CHAMBLISS, Mrs. CHENOWETH, Mr. DELAHUNT, Mr. BRADY of Pennsyl- Mr. LEWIS of Kentucky, Mr. CRANE, Ms. COBURN, Mr. COLLINS, Mr. COMBEST, vania, Mrs. MINK of Hawaii, Mr. SANCHEZ, and Mr. DEAL of Georgia. Mr. COOK, Mr. COOKSEY, Mr. COX, Mr. CUMMINGS, Mr. MEEHAN, Mr. MOAK- H.R. 70: Mr. STUPAK, Mr. MALONEY of Con- CRANE, Mrs. CUBIN, Mr. CUNNINGHAM, LEY, Mr. HORN, Mr. CLAY, Mrs. necticut, and Mr. FOSSELLA. Ms. DANNER, Mr. DEAL of Georgia, MCCARTHY of New York, Mr. LAHOOD, H.R. 90: Mr. HOLDEN, Mr. PALLONE, Mr. Mr. DELAY, Mr. DEMINT, Mr. DICKEY, Mr. QUINN, Mr. WEINER, Ms. LOFGREN, DAVIS of Illinois, Mrs. CLAYTON, Mr. Mr. DOOLITTLE, Mr. DUNCAN, Ms. Mr. BERMAN, Mr. DEUTSCH, Mrs. LATOURETTE, and Mr. STUPAK. DUNN, Mrs. EMERSON, Mr. ENGLISH, MALONEY of New York, Mr. KUCINICH, H.R. 111: Mr. ENGLISH, Mr. KLINK, Mr. Mr. EVERETT, Mr. FOLEY, Mr. Mr. GUTIERREZ, Mr. DINGELL, Mrs. LUCAS of Oklahoma, Mr. POMEROY, Mr. FORBES, Mr. FOSSELLA, Mrs. FOWLER, MORELLA, Mr. SESSIONS, Mr. DIAZ- GREENWOOD, Ms. MCCARTHY of Missouri, and Mr. FRANKS of New Jersey, Mr. BALART, Mr. MCDERMOTT, Mr. WAX- Mr. UPTON. FRELINGHUYSEN, Mr. GALLEGLY, Mr. MAN, Mr. SNYDER, Mr. ABERCROMBIE, H.R. 120: Mr. STUPAK, Mr. NEY, Mr. SHOWS, GIBBONS, Mr. GILMAN, Mr. GOOD- Mr. SWEENEY, Mr. LAZIO, Mr. FOLEY, Mr. BOUCHER, Mr. BACHUS, Mr. LAHOOD, Mr. LATTE, Mr. GOODLING, Mr. GRAHAM, Mr. ENGEL, Mr. CAPUANO, Ms. ESHOO, STEARNS, and Mrs. WILSON. Ms. GRANGER, Mr. GREEN of Wiscon- Mr. MCGOVERN, Mr. FORD, Mr. H.R. 122: Mr. SHOWS. sin, Mr. GREENWOOD, Mr. HANSEN, Mr. CUNNINGHAM, Mr. LATOURETTE, Mr. H.R. 127: Mr. CROWLEY and Mr. RANGEL. HASTINGS of Washington, Mr. BARRETT of Wisconsin, Mr. CLEMENT, H.R. 175: Mr. JENKINS, Mr. WAMP, Mr. LI- HAYWORTH, Mr. HEFLEY, Mr. Mr. REYNOLDS, Mr. DOYLE, Mrs. ROU- PINSKI, Ms. KILPATRICK, Mr. UDALL of Colo- HILLEARY, Mr. HOEKSTRA, Mr. HORN, KEMA, Mr. WALSH, Mr. MCHUGH, Mr. rado, Mr. LARSON, Mr. LANTOS, Mrs. MYRICK, Mr. HULSHOF, Mr. HUNTER, Mr. GEJDENSON, Mr. BOUCHER, Mr. NEAL Mr. SUNUNU, Mr. SIMPSON, Mr. NETHERCUTT, ISTOOK, Mr. JENKINS, Mr. JOHN, Mr. of Massachusetts, Mr. THOMPSON of Mr. DAVIS of Florida, Mrs. ROUKEMA, Mr. SAM JOHNSON of Texas, Mr. JONES of Mississippi, Mr. RAHALL, Mr. MORAN BACHUS, Mr. MANZULLO, Mr. BLAGOJEVICH, North Carolina, Mr. KASICH, Mrs. of Virginia, Mr. VENTO, Mr. KENNEDY Mr. ADERHOLT, Mr. BARCIA, Mr. BISHOP, Mr. KELLY, Mr. KNOLLENBERG, Mr. of Rhode Island, Mrs. KELLY, and Mr. ANDREWS, Mr. FILNER, Mr. TANCREDO, Mr. LAHOOD, Mr. LARGENT, Mr. LATHAM, LARSON): HILLIARD, Mr. DOYLE, and Mr. MOORE. Mr. LATOURETTE, Mr. LAZIO, Mr. H. Con. Res. 54. A concurrent resolution H.R. 205: Mr. DEAL of Georgia. LEWIS of Kentucky, Mr. LINDER, Mr. recognizing the historic significance of the H.R. 220: Mr. GOODLING. LUCAS of Oklahoma, Mr. MANZULLO, first anniversary of the Good Friday Peace H.R. 275: Mr. BURTON of Indiana. Mr. MCCOLLUM, Mr. MCCRERY, Mr. Agreement; to the Committee on Inter- H.R. 306: Mr. CARDIN, Mr. DICKS, Mr. MCINNIS, Mr. MCINTOSH, Mr. MCIN- national Relations. FOLEY, Mr. HOYER, Mr. MATSUI, Mr. MOORE, TYRE, Mr. MCKEON, Mr. METCALF, Mr. By Mr. GOODLING: Mr. RAHALL, and Ms. SANCHEZ. MICA, Mr. MILLER of Florida, Mr. H. Res. 108. A resolution designating ma- H.R. 323: Mr. UDALL of Colorado, Mr. GARY MILLER of California, Mrs. jority membership on certain standing com- DOYLE, Mr. WYNN, Mr. SENSENBRENNER, Mr. MYRICK, Mr. NETHERCUTT, Mr. NEY, mittees of the House; considered and agreed FORBES, Mr. BLAGOJEVICH, Mr. BURR of North Mrs. NORTHUP, Mr. NORWOOD, Mr. to. Carolina, Mrs. NORTHUP, and Mr. STUMP. H.R. 351: Mr. THUNE. OXLEY, Mr. PACKARD, Mr. PAUL, Mr. By Mr. FOLEY: H.R. 357: Mr. JACKSON of Illinois. PEASE, Mr. PETERSON of Pennsyl- H. Res. 109. A resolution expressing the H.R. 362: Mr. WYNN and Mr. MCNULTY. vania, Mr. PICKERING, Mr. PITTS, Mr. sense of the House of Representatives that a H.R. 363: Mr. MCGOVERN, Mrs. EMERSON, POMBO, Mr. PORTER, Mr. PORTMAN, commemorative postage stamp should be Mr. WYNN, and Mrs. CAPPS. Ms. PRYCE of Ohio, Mr. QUINN, Mr. issued recognizing the 4–H Youth Develop- H.R. 364: Mr. WYNN. RADANOVICH, Mr. RAMSTAD, Mr. ment Program’s centennial; to the Commit- H.R. 365: Mr. WYNN. RILEY, Mr. ROGAN, Mr. ROHRABACHER, tee on Government Reform. H.R. 366: Mr. WYNN. Mr. ROYCE, Mr. RYAN of Wisconsin, By Mr. GALLEGLY (for himself, Mr. H.R. 380: Mr. MEEHAN, Mr. MCGOVERN, Mr. Mr. SALMON, Mr. SANFORD, Mr. MENENDEZ, Mr. ACKERMAN, Mr. SHUSTER, and Mr. FORBES. SAXTON, Mr. SENSENBRENNER, Mr. BALLENGER, Ms. ROS-LEHTINEN, Mr. H.R. 399: Ms. DELAURO and Mr. ABER- SESSIONS, Mr. SCARBOROUGH, Mr. DIAZ-BALART, and Ms. ROYBAL-AL- CROMBIE. SCHAFFER, Mr. SHIMKUS, Mr. SHU- LARD): H.R. 405: Mr. ALLEN, Mr. OSE, and Mr. STER, Mr. SKEEN, Mr. SMITH of New H. Res. 110. A resolution congratulating GRAHAM. Jersey, Mr. SMITH of Texas, Mr. the Government and the people of the Repub- H.R. 406: Mr. SUNUNU, Mr. ADERHOLT, Mr. SMITH of Michigan, Mr. SOUDER, Mr. lic of El Salvador on successfully completing BLUMENAUER, and Mr. RADANOVICH. SPENCE, Mr. STEARNS, Mr. STUMP, free and democratic elections on March 7, H.R. 413: Mrs. ROUKEMA, Mr. PASTOR, Ms. Mr. SUNUNU, Mr. SWEENEY, Mr. TAL- 1999; to the Committee on International Re- LOFGREN, Mr. LANTOS, Mrs. MEEK of Florida, ENT, Mr. TAUZIN, Mr. TANCREDO, Mr. lations. Mr. LUTHER, Mr. DICKS, Mr. UDALL of Colo- TAYLOR of North Carolina, Mr. By Mr. MEEKS of New York (for him- rado, Mrs. JONES of Ohio, Mr. GEORGE MIL- THUNE, Mr. TOOMEY, Mr. UPTON, Mr. self, Mr. CONYERS, Mr. HILLIARD, Mrs. LER of California, Mr. OBERSTAR, and Ms. WALDEN of Oregon, Mr. WAMP, Mr. CHRISTENSEN, Ms. NORTON, Mr. WYNN, ESHOO. WATKINS, Mr. WATTS of Oklahoma, Mr. JEFFERSON, Mr. RUSH, Mr. FORD, H.R. 430: Mrs. CAPPS and Mr. NETHERCUTT. Mr. WELDON of Pennsylvania, Mr. Mrs. MINK of Hawaii, Mrs. CLAYTON, Mrs. JONES of Ohio, Ms. SCHAKOWSKY, H.R. 434: Mr. PORTER and Mrs. MEEK of WELDON of Florida, Mr. WELLER, and Florida. Mr. YOUNG of Alaska): Mr. JACKSON of Illinois, Mr. STARK, Mr. SANDLIN, Mr. BRADY of Pennsyl- H.R. 453: Mr. BROWN of California, Mr. H. J. Res. 37. A joint resolution proposing vania, Mr. KILDEE, Ms. VELAZQUEZ, DOYLE, Mr. BARCIA, Mr. BALLENGER, Mr. an amendment to the Constitution of the Ms. LEE, Mr. CUMMINGS, Ms. BROWN GOODLATTE, Mr. BOUCHER, Mr. MOORE, Mrs. United States with respect to tax limita- of Florida, Mr. HASTINGS of Florida, CLAYTON, and Mr. LATOURETTE. tions; to the Committee on the Judiciary. Mr. OBERSTAR, Mr. DIXON, Mr. H.R. 483: Mr. FOLEY. By Mr. HOYER (for himself, Mr. HYDE, UNDERWOOD, Mr. CLAY, Mr. TOWNS, H.R. 488: Ms. PELOSI. Mr. FRANK of Massachusetts, Mr. Mr. OWENS, and Mr. RANGEL): H.R. 516: Mr. PACKARD. BERMAN, Mr. SENSENBRENNER, Mr. H. Res. 111. A resolution expressing the H.R. 555: Mr. DAVIS of Illinois and Mr. SABO, and Mr. PALLONE): sense of the House of Representatives that MEEKS of New York. H.R. 571: Mr. BURTON of Indiana. H. J. Res. 38. A joint resolution proposing the Supreme Court of the United States should improve its employment practices H.R. 574: Mr. SHOWS. an amendment to the Constitution of the with regard to hiring more qualified minor- H.R. 575: Mr. TOOMEY. United States repealing the twenty-second ity applicants to serve as clerks to the Jus- H.R. 576: Ms. EDDIE BERNICE JOHNSON of article of amendment to the Constitution; to tices; to the Committee on the Judiciary. Texas and Mr. INSLEE. the Committee on the Judiciary. H.R. 599: Mr. HINOJOSA and Mr. HILLIARD. f By Mr. ROHRABACHER (for himself, H.R. 622: Mrs. THURMAN, Mr. BOEHLERT, Mr. Mr. DELAY, Mr. GEJDENSON, Mr. LAN- ADDITIONAL SPONSORS TO PUBLIC MCHUGH, Mr. MASCARA, and Mr. WELLER. TOS, Mr. COX, Mr. BURTON of Indiana, BILLS AND RESOLUTIONS H.R. 644: Ms. LEE. Mr. BROWN of Ohio, Mr. SMITH of New H.R. 645: Mr. GALLEGLY, Mr. SHOWS, Ms. Jersey, Ms. ROS-LEHTINEN, Mr. Under clause 7 of rule XII, sponsors BROWN of Florida, Mr. RUSH, Mr. INSLEE, and HUNTER, Mr. CHABOT, and Mr. were added to public bills and resolu- Ms. LOFGREN. TANCREDO): tions as follows: H.R. 664: Mrs. CLAYTON. H1260 CONGRESSIONAL RECORD — HOUSE March 11, 1999

H.R. 670: Mr. BAIRD and Ms. DANNER. Mr. DAVIS of Florida, Mr. ADERHOLT, Mrs. H.R. 1000: Mr. DICKEY, Mr. TRAFICANT, Mr. H.R. 672: Mrs. JOHNSON of Connecticut, Mr. ROUKEMA, Mr. FROST, Mr. CLAY, Mr. AN- HOLDEN, Mr. LATOURETTE, Mr. KLINK, Mr. TANNER, Mr. HOUGHTON, Mr. HERGER, Mr. DREWS, Mr. BARCIA, Mr. TANCREDO, Mr. SIMP- COSTELLO, Mrs. TAUSCHER, Mr. MORAN of SAM JOHNSON of Texas, Mr. HAYWORTH, Mr. SON, Mr. HILLIARD, and Mr. ROGERS. Kansas, Mr. BLUMENAUER, Mr. COOKSEY, Mr. RAMSTAD, and Mr. MCCRERY. H.R. 866: Mr. NEY. RAHALL, Mr. BASS, Ms. BROWN of Florida, Mr. H.R. 678: Mr. DICKEY, Mrs. MYRICK, Mr. H.R. 878: Mr. RADANOVICH, Mr. HEFLEY, Mr. DOOLITTLE, Mr. BOSWELL, Mr. TAUZIN, Mr. GOODLATTE, Mr. ABERCROMBIE, Mr. GARY SKEEN, Mr. SCHAFFER, Mr. PETERSON of LAMPSON, Mr. BEREUTER, Ms. MILLENDER- MILLER of California, Mr. MALONEY of Con- Pennsylvania, Mrs. CHENOWETH, Mr. MCDONALD, Mr. KUYKENDALL, Ms. NORTON, necticut, Mr. HILL of Indiana, Mr. HAYWORTH, Mr. PETRI, Mr. HASTINGS of Mr. ISAKSON, and Mr. EHLERS. FALEOMAVAEGA, and Mr. NEY. Washington, Mr. LEWIS of Kentucky, and Mr. H.R. 1002: Mr. DOOLITTLE. H.R. 709: Mr. RANGEL, Ms. NORTON, Ms. SAM JOHNSON of Texas. H.R. 1011: Mr. FRANK of Massachusetts. LOFGREN, Mr. LUTHER, Mr. MCGOVERN, Mr. H.R. 883: Mr. GUTKNECHT, Mr. HOBSON, Mr. H.R. 1015: Mr. DIXON and Mr. GEORGE MIL- DEFAZIO, Mr. FROST, and Mr. WU. WATTS of Oklahoma, Mr. TALENT, Mr. LER of California. H.R. 710: Mr. BOSWELL, Mr. LEACH, Mr. MCCRERY, Mr. SALMON, and Mr. CHABOT. H.R. 1022: Mr. COSTELLO, Ms. LOFGREN, and GRAHAM, Mr. HILL of Montana, Mr. NUSSLE, H.R. 889: Mrs. CLAYTON, Mr. KILDEE, Ms. Mr. BERMAN. Mr. BRADY of Texas, and Mr. METCALF. VELAZQUEZ, Mr. WYNN, Mr. WALSH, Mr. H.R. 1030: Mr. FARR of California. H.R. 731: Ms. ROS-LEHTINEN and Mr. ABER- GREEN of Texas, Mr. UNDERWOOD, Ms. PRYCE H.R. 1034: Mr. PICKETT. CROMBIE. of Ohio, and Ms. LOFGREN. H.R. 1062: Mr. BLAGOJEVICH and Mrs. TRICKLAND UTHER H.R. 890: Mrs. CLAYTON, Mr. KILDEE, Ms. H.R. 732: Mr. S , Mr. L , Mr. MORELLA. CROWLEY, Mr. PASCRELL, Mr. RODRIGUEZ, Mr. VELAZQUEZ, Mr. WYNN, Mr. WALSH, Mr. H.J. Res. 25: Mrs. MYRICK, Mr. BARRETT of FRANKS of New Jersey, and Mr. STUPAK. GREEN of Texas, Mr. UNDERWOOD, Ms. PRYCE Nebraska, Mr. SWEENEY, Mr. HILL of Indiana, H.R. 771: Mr. JENKINS and Mr. MURTHA. of Ohio, and Ms. LOFGREN. Mr. BRADY of Pennsylvania, and Mr. H.R. 773: Ms. LOFGREN, Mr. STENHOLM, Mr. H.R. 895: Mr. BILBRAY, Mrs. JOHNSON of HAYWORTH. HILL of Indiana, Mr. LUCAS of Kentucky, Mr. Connecticut, and Mr. HORN. H.J. Res. 34: Mrs. KELLEY, Mr. HILL of Indi- UDALL of Colorado, Mr. KILDEE, Mr. MATSUI, H.R. 903: Mr. FOLEY. ana, and Mr. BOYD. Mr. DAVIS of Illinois, Mr. MENENDEZ, Mr. H.R. 925: Mr. BONIOR, Mr. WYNN, Mr. KIL- H. Con. Res. 8: Mrs. NORTHUP, Mr. MCGOV- ROTHMAN, Mr. HOLDEN, Mr. BEREUTER, Mr. DEE, Ms. ESHOO, Mr. LAMPSON, Ms. LOFGREN, ERN, and Mr. KIND of Wisconsin. HORN, Mr. HOBSON, Mr. BASS, and Mrs. Ms. PELOSI, Mr. STRICKLAND, Mr. PAYNE, Mr. H. Con. Res. 24: Mr. VENTO, Mr. DAVIS of Il- KELLY. DAVIS of Illinois, Mrs. TAUSCHER, and Mr. linois, Mr. HYDE, Mr. MCKEON, and Ms. BALD- H.R. 777: Mr. PAYNE. BLAGOJEVICH. WIN. H.R. 789: Mr. KING of New York and Mr. H.R. 959: Mr. MARKEY, Mr. PAYNE, Mr. H. Con. Res. 30: Mr. NETHERCUTT, Mr. NEY, RANGEL. OLVER, Mr. SHOWS, Mr. MCDERMOTT, Mr. Mr. BURTON of Indiana, and Mr. PAUL. H.R. 798: Mr. NADLER, Ms. NORTON, and Mr. MEHAN, MR. GEORGE MILLER of California, H. Con. Res. 31: Mr. MARTINEZ and Mr. MATSUI. Mr. BRADY of Pennsylvania, Mr. DELAHUNT, H.R. 804: Mr. KLINK. Mr. PASTOR, Mr. BOUCHER, Mr. RUSH, Ms. MALONEY of Connecticut. H.R. 815: Mr. CONYERS. BALDWIN, Mr. ORTIZ, Mr. WEINER, Mr. UNDER- H. Res. 59: Mr. BLUNT. H.R. 832: Mr. TIERNEY and Mr. SANDLIN. WOOD, Mr. CONYERS, Mr. FILNER, Mr. H. Res. 62: Mr. BERMAN, Mr. SMITH of Wash- H.R. 833: Mr. ADERHOLT and Mr. JENKINS. TIERNEY, Mr. FRANK of Massachusetts, Ms. ington, Mr. LANTOS, and Ms. MILLENDER- H.R. 835: Mr. GOODLING, Mr. THOMAS, Mr. DELAURO, and Mr. HALL of Ohio. MCDONALD. GEPHARDT, Mr. OSE, and Mr. HINOJOSA. H.R. 979: Mr. HOUGHTON, Mr. PETERSON of H. Res. 89: Ms. LOFGREN, Mr. NADLER, Mr. H.R. 837: Ms. DEGETTE, Ms. WATERS, Ms. Pennsylvania, Mr. BOYD, Mr. THOMPSON of BALDACCI, and Mr. KING of New York. RIVERS, Mr. GUTIERREZ, Mr. FALEOMAVAEGA, California, Mr. PETERSON of Minnesota, Mr. H. Res. 102: Mr. METCALF, Mr. KING of New Ms. VELAZQUEZ, Mr. SCOTT, and Ms. BRADY of Pennsylvania, Mr. ABERCROMBIE, York, Mr. DELAY, Mr. FORBES, Mr. PITTS, LOFGREN. Mr. KUCINICH, Mr. SHOWS, and Mr. BROWN of Mr. COBURN, and Mr. LARGENT. H.R. 850: Mr. CALVERT and Ms. SLAUGHTER. Ohio. H.R. 851: Mr. LATOURETTE, Mr. OLVER, Mr. H.R. 984: Mr. JEFFERSON. f RUSH, Mr. EHRLICH, Mr. WALSH, Mr. BARCIA, H.R. 987: Mr. TALENT and Mr. BACHUS. Mr. SMITH of Michigan, Mr. REYES, Mr. H.R. 991: Mrs. TAUSCHER and Mr. UNDER- CAMPBELL, Mrs. KELLY, Mr. LAMPSON, Mr. WOOD. DELETIONS OF SPONSORS FROM GEORGE MILLER of California, Mr. NORWOOD, H.R. 996: Mrs. THURMAN, Ms. HOOLEY of Or- PUBLIC BILLS AND RESOLUTIONS Mr. CASTLE, Mr. DEAL of Georgia, and Mr. egon, Mr. UDALL of Colorado, Mr. SANDERS, Under clause 7 of rule XII, sponsors THOMPSON of Mississippi. Mr. HILLIARD, Mr. HOLT, and Mr. MOAKLEY. were deleted from public bills and reso- H.R. 860: Mr. HOEFFEL. H.R. 997: Mr. FOLEY, Mrs. KELLY, and Mrs. H.R. 864: Mr. BALDACCI, Mrs. MYRICK, Mr. MORELLA lutions as follows: OLVER, Mr. BACHUS, Mr. DICKEY, Mr. FILNER, H.R. 999: Mrs. KELLY. H.R. 744: Mr. GEJDENSON. 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 11, 1999 No. 39 Senate The Senate met at 12 noon and was THE CHAPLAIN’S PRAYER The Senate proceeded to consider the called to order by the President pro Mr. BROWNBACK. What a beautiful concurrent resolution. tempore [Mr. THURMOND]. prayer and beautiful way to start the Mr. BROWNBACK. Mr. President, I day. yield myself such time as I may con- PRAYER f sume. Under the previous order, I be- The Chaplain, Dr. Lloyd John lieve there are 45 minutes equally di- Ogilvie, offered the following prayer: SCHEDULE vided between myself and Mr. Almighty God, like the signers of the Mr. BROWNBACK. Mr. President, WELLSTONE on this debate. Declaration of Independence, we pledge today the Senate will begin consider- At the very start of the Oslo peace to You and to our Nation our lives, our ation of Senate Concurrent Resolution process between Israel and the Pal- fortunes, and our sacred honor. We con- 5, a concurrent resolution relating to estinians, PLO Chairman Yasser Arafat fess that it is a lot easier for us to say congressional opposition to the unilat- wrote a letter to then Israeli Prime that than for the 56 men who placed eral declaration of a Palestinian state. Minister Yitzhak Rabin in which he their signatures on that historic liber- Under the order, there will be 45 min- stated this: ‘‘The PLO commits itself ating document. We reflect thought- utes for debate on the resolution with to the Middle East peace process, and fully that few were long to survive. time controlled by Senators to a peaceful resolution of the conflict Five were captured, tortured, and later BROWNBACK and WELLSTONE. between the two sides, and declares died. Twelve had their homes ran- At the conclusion of the debate time, that all outstanding issues relating to sacked, looted, occupied by enemy sol- the Senate will resume consideration permanent status will be resolved diers, or burned. Two lost sons in the of S. 280, the education flexibility bill, through negotiations.’’ That letter was Army. One had two sons captured. Nine with the time until 2 p.m. equally di- dated September 9, 1993, and it led to died of hardships. Thomas McKean of vided between the chairman and the the ceremony on the White House lawn Delaware was so harassed that he had ranking member. 4 days later that publicly launched the to move his family five times and yet At 2 p.m., under a previous order, the peace process. served in Congress without pay, his Senate will proceed to a stacked series Indeed, it was on the basis of the family living in poverty and hiding. of rollcall votes. The first vote will be words that Chairman Arafat wrote that Thomas Nelson, Jr. of Virginia com- on adoption of Senate Concurrent Res- Israel agreed to enter into the negotia- mitted his own estate to pay back olution 5, to be followed by votes on tions. It was on that basis that Israel loans of the Government for $2 million amendments pending to the Ed-Flex agreed to cede land and political au- and was never paid back. And we re- bill. The final vote in the sequence will thority to the Palestinians. It is the member John Hancock’s courage was be on the passage of the bill. most important and fundamental Pal- as large in commitment of his funds as Following the stacked series of votes, estinian commitment, and it his signature was on the Declaration. it may be the leader’s intention to undergirds the entire peace process. Father, remind us that freedom is begin consideration of Calendar No. 16, And yet it is this very principle that not free. May we do our work today S. 257, a bill regarding the deployment Chairman Arafat now threatens to with profound gratitude, but it is You of a missile defense system. abandon. Over the past several months we give the praise. Thank You for I thank my colleagues for their at- he has repeatedly threatened to unilat- women and men in every period of our tention. erally declare a Palestinian state over history who really had to give up their f the entire West Bank and the Gaza lives, offer up their fortunes, and keep CONGRESSIONAL OPPOSITION TO Strip, with the eastern part of Jerusa- their sacred honor with costly patriot- THE UNILATERAL DECLARATION lem as its capital. ism. God, bless America with women OF A PALESTINIAN STATE Mr. President, this issue touches the and men like that today and start with core of the Israel-Palestinian conflict The PRESIDING OFFICER (Mr. FITZ- each of us now. In Your holy name. as the question of the permanent sta- GERALD). The clerk will report the Amen. tus of the Palestinian entity. What will pending business. be its final borders? Will there be lim- f The bill clerk read as follows: its on its sovereignty? Will it be al- RECOGNITION OF THE ACTING A concurrent resolution (S. Con. Res. 5) ex- lowed to have a military, to possess MAJORITY LEADER pressing congressional opposition to the uni- lateral declaration of a Palestinian state and jets and tanks and missiles, to enter The PRESIDENT pro tempore. The urging the President to assert clearly United into foreign alliances with the likes of able acting majority leader is recog- States opposition to such a unilateral dec- Iraq or Iran or Libya? All these ques- nized. laration of statehood. tions need to be bilaterally negotiated

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

S2535

. S2536 CONGRESSIONAL RECORD — SENATE March 11, 1999 between Israel and the Palestinians so preparations for the day, May 4, the of this resolution, to really manage the that Israel’s security can be assured. date of the declaration of the Palestin- rest of the time for Democrats. He is You can just imagine what happens ian state.’’ A few weeks earlier, in Jan- really the person who has taken the the day after a unilateral declaration. uary of this year, he indicated that the lead in the Senate on this, and he cer- Palestinian security forces begin pa- declaration of independence would, in tainly should have the most time to trolling an area that they now consider his words, ‘‘delineate the borders of the talk about the resolution and the im- part of an independent state but that is Palestinian state as being the borders portance of it. part of the area that Israel has had se- of June 4, 1967, including all of the Mr. President, I will make a couple of curity control over. Israel would un- West Bank, Gaza Strip, and the part of points. One of them is very much in doubtedly have to take steps to provide Jerusalem that was on the Jordanian agreement with my colleague from for the safety of its citizens. Tension side of the armistice.’’ Kansas, having to do with the impor- will mount quickly, leading inevi- So it is clear that the Palestinians tance of the peace process. tably—and rapidly—to a quick descent are still considering their options. First, let me say that I think this into violence and bloodshed. Chairman Arafat should know, there- resolution, which calls on the Palestin- And consider for a moment what the fore, that the Congress of the United ians not to unilaterally declare an Palestinians have already achieved in States strongly urges him not to pur- independent state, is an important res- the peace process. Five years ago at sue this reckless course, but to live up olution. It is one which I certainly sup- this time, not one Palestinian living in to his own words and his own fun- port. I support this resolution because the Gaza Strip or on the West Bank damental commitment to negotiate I think that whatever ultimately is de- lived under Palestinian civilian au- this most complicated and important cided about whether or not there is or thority. Today, 98 percent have their issue bilaterally with Israel. That is is not an independent Palestinian own executive branch, democratically- the only true path to a final and last- state, that is to be decided by Israel elected legislature, and courts. They ing peace, which is what we all see. and the Palestinians. That is a part of have their own educational system, He should know that the Congress of the negotiation, part of where this their own broadcasting authority, their the United States stands strongly in peace process has to go in terms of own airport, their own travel docu- opposition to a unilateral declaration. dealing with these kinds of difficult ments, their own flag and anthem. This resolution expresses that opposi- questions. It would be a tragic mistake They have full control over virtually tion to a unilateral declaration, and it for there to be a unilateral declaration the entire Gaza Strip and ten percent urges the President to make clear to of a Palestinian state now. It would be of the West Bank, including all major Chairman Arafat that we will not rec- a tragic mistake. I think this resolu- population centers, and civilian au- ognize a unilaterally declared state. tion really says that in a fairly strong thority over another seventeen per- We should be very clear on this point. and firm way. cent. And that is even before the start This is a matter of principle. We should Second of all, let me just say that I of final status negotiations. There has not be relieved if Mr. Arafat arises on did have a chance, in December, to go been much progress. May 4 and says, ‘‘We will postpone this to Israel with President Clinton. I have So why does Arafat make such a decision until December 31.’’ A unilat- been a critic of the President on any threat? Why jeopardize the entire eral declaration, whenever it would number of different issues, especially peace process? On May 4, the five-year occur, would be wrong. The status of when it comes to human rights ques- period that began with the signing of the territories controlled by the Pal- tions. I think the administration’s the first agreement between Israel and estinian Authority can only be deter- record is very weak. I think the Presi- the Palestinians ends. It had been mined through negotiations with dent is trying to do the right thing in hoped that by that point all final sta- Israel. Period. the Mideast. I went, in part, because I tus negotiations would have been com- We should not pay Mr. Arafat for not thought this was a commitment that pleted. But it should be noted that doing something which he should not the President was living up to, which none of the agreements signed between have threatened to do in the first he had made, regarding the Wye River Israel and the Palestinians—Oslo I, place. We should have only one mes- agreement. Oslo II, the agreement on redeploy- sage: To make a unilateral declaration It was a very moving trip. I thought ment in the city of Hebron, and the of statehood is wrong, we will not rec- it was especially significant. I am con- Wye River Accord were negotiated by ognize it, and we urge you not to go vinced that the historians will write the hoped for date. Still, the nego- forward with it, but instead to return about what happened in Gaza when the tiators stuck to it until agreements to the process that has gotten us this Palestinian National Council went on were hammered out. That is exactly far to date—the peace process. That is record voting to revoke that part of what should occur now. The peace the only course which holds a promise their charter that called for the de- process is much too important to be of meeting the legitimate aspirations struction of Israel. That can only be a held hostage to an arbitrary date. of the Palestinian people while provid- step forward. It was very moving to be Some say that Arafat will back down ing the people of Israel what they have there when that vote took place. I just and not carry out this threat, or that yearned for in the past 50 years: peace think that it raised the benchmark in he will postpone the date. I certainly with security. terms of where we are going in the hope that is right. But listen to these Mr. President, we have a number of peace process. I thought it was a ter- words of his closest associate which speakers on our side, and I know Sen- ribly important step that was taken. were spoken as recently as February ator WELLSTONE does as well. Now we really wait to see what will 22, less than 3 weeks ago. He said, Before I yield the floor, I ask unani- happen in Israel. There are key elec- We . . . assure the whole world that the es- mous consent to add Senators KYL, tions. It is my hope that both Israel tablishment of the independent state of Pal- ROBB, ABRAHAM and MOYNIHAN as co- and the Palestinians will live up to a estine, with holy Jerusalem as its capital, is sponsors of S. Con. Res. 5. Their names commitment that I think is so impor- a sacred and legitimate right of the Palestin- appear to have been inadvertently tant to people all over the world. If ian people. It is a goal that our people will omitted in the printed RECORD. there is not some political settlement, not accept to abdicate or to give up no mat- The PRESIDING OFFICER. Without if there is not some resolution of this ter what the difficulties. objection, it is so ordered. conflict, I fear that Israeli children and Palestinian Authority Minister Nabil Mr. BROWNBACK. Mr. President, I Palestinian children will be killing Shaath said on February 9, ‘‘Our posi- reserve the remainder of our time. each other for generations to come. tion concerning our right to declare a Mr. WELLSTONE addressed the My final point is that I would like to state on the fourth of May has not Chair. make this a part of the Senate record, changed. The PRESIDING OFFICER. The Sen- and that is why I wanted to speak Any opposition to this right is re- ator from Minnesota is recognized. briefly about this. I do not believe that jected.’’ Eleven days later, on February Mr. WELLSTONE. Mr. President, I our support for this resolution should 20, he continued on the same line, stat- shall be relatively brief, and then I will be construed as the U.S. Senate taking ing, ‘‘We are moving forward in our ask Senator WYDEN, who is a cosponsor a one-sided point of view. I think we March 11, 1999 CONGRESSIONAL RECORD — SENATE S2537 should be evenhanded. I think the role and water rights, the issue of a Pal- unilateral declaration of a Palestinian of our Government is to encourage estinian state should be determined in state. As a result, I believe that the both parties to be committed to this the final status negotiations between U.S. Senate should go on record as say- peace process. Israel and the Palestinians. And that ing that it is improper and inappropri- I think the role of the U.S. Govern- was clearly called for, I believe, in the ate to declare a Palestinian state uni- ment is to have credibility with both Oslo agreement. laterally. This resolution should be a parties and to simply say that this Recognizing the security threat signal that this country will not recog- really is the only step that can be posed to Israel from a self-contained nize a unilateral declaration of a Pal- taken, and the only step that can be Palestinian entity, President Reagan estinian state. taken is a political settlement. wisely enunciated the U.S. policy of op- This is a matter of great concern to So let me just make it clear, as rank- posing the creation of a Palestinian us as a Nation for our own national in- ing minority member of this commit- state. Behind President Reagan’s pol- terests. It is a matter of grave concern tee, that this resolution is a terribly icy on Palestinian statehood was his to us because we appreciate freedom- important resolution. I thank my col- correct understanding that Israel, in loving people around the world, and we leagues for their leadership on this order to ensure its own security, need- understand the very serious threat to question, but I also want to make it ed to be a central participant in deter- the security of Israel that an inappro- clear that I believe it is important for mining how and in what form a Pal- priate determination of this issue could the U.S. Senate to maintain an even- estinian state would come into exist- represent. When countries decide to try handed approach and to do everything ence. The Reagan policy has endured to reach agreements as a result of un- we can to encourage this peace process since 1982 and has served the interests derstandings similar to those presented to go forward, to do everything we can of the United States, of Israel, and of in the Oslo accords, we have to make to encourage both parties to be a part all other earnest supporters of peace in sure that they are simply not a cover of this peace process. And I believe the Middle East. But the winds of for what would otherwise be a unilat- that is what this resolution does. change have been blowing in the past eral assertion of the rights of one indi- I will reserve the remainder of the year. vidual or one individual group against time on our side. I will ask my col- The First Lady of our country was another. league, Senator WYDEN from Oregon, to quoted in the New York Times in May It is with that in mind, in reviewing please manage this bill forthwith. of 1998 as stating, ‘‘It will be in the my own experience and the history of I ask unanimous consent that John long-term interests of the Middle East Israel, acknowledging the difficult task Bradshaw, a fellow in my office, be al- for Palestine to be a state.’’ President of security Israel faces, that I have co- lowed to be on the floor of the Senate Clinton’s trip to Gaza last December sponsored this resolution. for the rest of the day. added a great deal of momentum to Rather than eradicate terrorist infra- The PRESIDING OFFICER. Without Palestinian statehood. structure in Palestinian territory, the objection, it is so ordered. In other parts of the world, implicit Palestinian Authority apparently has Mr. ASHCROFT addressed the Chair. policy shifts and diplomatic overtures maintained its revolving door policy in The PRESIDING OFFICER. The Sen- may pass without much notice. But we detaining terrorists. Over 20 prominent ator from Missouri is recognized. have to remember that Israel is in one terrorists have been released since of the most dangerous and unstable re- Mr. ASHCROFT. Mr. President, I rise President Clinton’s visit to Gaza in De- gions of the world. today as an original cosponsor of this cember 1998. The Israeli Government resolution, and I yield myself as much Since the beginning of the Oslo proc- ess, for example, in 1993, Israel has lost reports that at least 12 wanted fugi- time as I might consume. tives, including several who have killed Mr. President, I have had the oppor- more than 280 of its citizens to terror- ist violence. That is a proportion of the American and Israeli citizens, are tunity, over the last 30 years, to visit known to be serving in the Palestinian Israel on a number of occasions, and I Israeli population that would equal 15,000 Americans losing their lives. It is police. have had a personal awareness of the At times, Mr. Arafat has threatened not an inconsequential number, but a difficult responsibilities that are in- very serious number. Those Israeli cas- to cross out the peace accords and un- volved in maintaining the security of ualties have come through over 1,000 leash a new uprising against Israel. He one of our best friends in the inter- terrorist attacks, and the death toll in has described the peace accords as a national community. As the ranking the five years since Oslo is greater temporary truce. The Palestinian majority member of the Subcommittee than in the 15 years before the Oslo Authority’s official media arm, the on Near East Affairs for the Foreign process was initiated. So it is impor- Palestinian Broadcasting Corporation, Relations Committee, I have a few tant for us to note that this is not an consistently broadcasts incitement comments that I would like to make in inconsequential matter. It is, as a mat- against Israel, including a children’s regard to this matter and in support of ter of fact, a very serious situation program where martyrdom as ‘‘suicide this resolution, of which, as I said, I that demands our attention. warriors’’ is glorified. Mr. Arafat has am a cosponsor. As Israel faces these threats, it must not been helpful in resolving Israeli Yasser Arafat and other senior Pal- determine finally what steps in the MIA cases, including the case of estinian leaders have threatened re- peace process preserve and enhance its Zachary Baumel, missing since 1982. peatedly to declare a Palestinian state security and what steps do not. Amer- This in not behavior of a responsible on May 4. That was the original dead- ican policy has been most successful in partner in the search for peace. The line for the completion of the Oslo the region when it has respected the United States should be demanding full peace process. It is important to note role of Israel in this process. accountability for these violations of that there are many commitments that The role of Israel as a respected, nec- the Oslo Accord. have not been fulfilled by the Palestin- essary component of the process is at Too often, we have been seen as pres- ian Authority, many deadlines that odds with the idea of a unilateral dec- suring our friends and rewarding those have not been met. laration of a Palestinian state, and who undermine the peace process, both Mr. Arafat s ultimate objective is the such a declaration would undoubtedly in our dealings with the Palestinian creation of a Palestinian state, but he upset future peace talks and introduce Authority and our diplomacy through- seems to be overlooking a number of a destabilizing element into Middle out the Middle East. obligations in the peace process which Eastern politics. Palestinian violations of the Wye Ac- have not been met by the Palestinian The administration has said that it cord: In spite of Palestinian violations Authority. Mr. Arafat is essentially opposes unilateral acts by either side of the Wye Accord, the latest agree- saying that regardless of the fact that in the peace process. But neutral state- ment in the peace process, State De- prior commitments have not been hon- ments are not good enough when it partment spokesman James Rubin said ored, he will declare an independent comes to supporting a friend like Israel Palestinian leaders had ‘‘worked hard’’ state. in this dangerous region of the world. to fulfill their commitments. Rubin Along with other difficult issues such Our leadership must be more consist- then emphasized ‘‘It is the Israelis who as the status of Jerusalem, refugees, ent and forthright in opposition to the have not fulfilled any of their Phase S2538 CONGRESSIONAL RECORD — SENATE March 11, 1999 Two obligations by failing to pull back Despite that very promising begin- The people of the Middle East have the further redeployment as required ning, the peace process is now on dan- been down that road before. They have by Phase Two’’ (January 6, 1999). gerously thin ice. The greatest risk to tried the old ways in resolving conflict Iran poses a military and terrorist stability in the Middle East today is a through violence and bloodshed. Now threat to Israel: Iran’s ballistic missile repeated threat by Palestinian leaders they want the opportunity to use and weapons of mass destruction pro- to unilaterally declare statehood once peaceful negotiation to resolve their grams are a direct threat to Israel. The the historic Oslo accords expire on May differences. Let us not sabotage the Senate passed the Iran Missile Pro- 4. Not only would such a declaration prospect of peaceful resolution with a liferation Sanctions Act (H.R. 2709) to run counter to the spirit of the ac- unilateral declaration. The Oslo peace sanction missile proliferation to Iran cords, but it would truly send a process is a valuable opportunity to by a 90–4 vote last year, but the Presi- chilling message to all those who want begin healing centuries-old wounds. A dent vetoed the legislation. Iran sup- meaningful peace in the Middle East. unilateral declaration of statehood ports terrorist groups which have That meaningful peace is why Sen- would only reopen those old wounds killed Americans and Israelis, yet the ator BROWNBACK and I in our bipartisan and eventually lead to yet more blood- Administration waived sanctions last resolution today have garnered the shed. year under the Iran-Libya Sanctions support of 95 Members of the U.S. Sen- No one wants to see diplomats being Act designed to restrict billions of dol- ate to stand in strong opposition to a replaced by armed soldiers. No one lars in foreign investment in Iran’s oil unilateral declaration of a Palestinian wants to see open dialog give way to and gas fields—dollars which will fund state. We believe that step would con- angry threats. The peace process will Iran’s support of the enemies of peace stitute an ill-conceived plan that would be far better served by an open hand in the Middle East. truly short circuit the peace process. It extended in friendship than by a fist Lack of United States leadership in would be bad news to all those who clenched in anger. Iraq: Saddam Hussein is the chief ter- value stability in the Middle East. Mr. President, the resolution that we rorist of a terrorist government com- The question of achieving Palestin- will be voting on today is vitally im- mitted to the destruction of Israel. The ian statehood while maintaining portant to keep the peace process mov- Iraqi president has provided nothing Israel’s security lies at the heart of the ing forward. With overwhelming bipar- but provocation for over a year and conflict between Israel and the Pal- tisan support in the Senate, we have international support for the sanctions estinian people. It is not going to be re- the opportunity to send a clear, un- regime is eroding. An inconsistent ad- solved overnight with a press release. equivocal message that we stand ministration policy on Iraq over the It is going to take careful face-to-face united in our opposition to a unilateral last five years has undermined our ef- negotiations and real commitment declaration of statehood. This resolu- forts to bring about a change of gov- from both sides. tion will hopefully make Palestinian Both Israeli and Palestinian leaders ernment in Baghdad. leaders think twice about scrapping Syria continues to harbor Hezbollah made a commitment in the Oslo ac- the peace process. terrorists: Syria provides safe haven to cords to go forward with the negotiated I am pleased that the President of Hezbollah terrorists which wage an al- process. Chairman Arafat said so him- the United States indicated his opposi- most constant low-grade war with self in a letter to Prime Minister Rabin tion to a unilateral declaration of Israel. Hezbollah killed four Israelis in in 1993. In his own words, he said, ‘‘All statehood. The reason so many Mem- southern Lebanon on February 28, in- outstanding issues relating to perma- bers of the Senate join us today in this cluding a brigadier general, the highest nent status will be resolved through bipartisan resolution is we wish to ranking Israeli officer to be killed in negotiations.’’ He needs to be held to drive this message home even further. this promise. Israel has held up its end Lebanon in 17 years. I have sponsored The President is going to be meeting of the bargain. Mr. Arafat must do the legislation to sanction the Syrian Gov- with Chairman Arafat in several weeks same. ernment for its support of terrorism, to discuss this important issue. By the but the administration has opposed the A rash move such as unilateral dec- laration would derail these negotia- Senate making this unequivocal asser- bill for the past 2 years. tion this morning, we can strengthen I urge its passage in the U.S. Senate. tions and risk a dangerous escalation Mr. WYDEN addressed the Chair. of this conflict. This sheer defiance of his hand as he goes forward using the The PRESIDING OFFICER. The Sen- both the Oslo accords and the peace Oslo peace process to make sure that ator from Oregon. process would be the diplomatic equiv- there are no end runs around the criti- Mr. WYDEN. Mr. President, how alent of drawing a line in the sand, cally needed negotiations. much time is left on our side? which invites a response and a poten- I am optimistic that a peaceful reso- The PRESIDING OFFICER. Seven- tial escalation of this conflict. lution can be found in the Middle East. teen minutes 33 seconds. On the playground, fights begin when Last month, Israeli and Palestinian au- Mr. WYDEN. Thank you, Mr. Presi- the schoolyard bully balances a stick thorities committed themselves to try dent. on his shoulder and dares someone to to change the images they have of each Mr. President, I am going to speak knock it off. A unilateral declaration other and to break through the mis- for a few minutes, and then I am going of statehood employs the same kind of trust that has divided them for so long. to yield some of our time to the Sen- school-yard bullying—it dares the They decided to exchange columns in ator from New Jersey, the cosponsor of State of Israel to respond. And when each other’s newspapers and to hold this resolution who has very strong Israel does respond by taking reason- joint briefings for Israeli and Palestin- feelings on this matter as well. We ap- able and necessary steps to ensure its ian journalists. These are positive preciate him coming over, as well, this security, these actions would be used steps toward peace, and I’m hopeful to morning. as an excuse to further escalate this see more of this kind of cooperation in Mr. President, a unilateral declara- conflict. the Middle East. tion of Palestinian statehood is irre- How long would it be before we have But even an incurable optimist like sponsible political brinkmanship, a Israeli defense forces and Palestinian me knows that it would be difficult to provocative act that literally dares the militiamen standing eyeball to eyeball take further positive steps after a bad- State of Israel to respond, and it di- across the disputed boarder waiting for faith attempt to unilaterally declare rectly contravenes the spirit of the his- the other to blink, if there is a unilat- independence. toric Oslo accords. eral declaration of statehood? Palestinian statehood is a complex Six years ago, at those accords, the How long before tensions rise so high issue that must be dealt with carefully. Israeli and Palestinian people took sig- that the smallest spark ignites more It cannot be resolved through force or nificant steps towards achieving peace violence? fiat. The prospect of peace in the Mid- and stability in the Middle East. To- How long before we are faced again dle East is just too important to risk gether there was a commitment to with the disturbing images where both in a game of political chicken. If the work and cooperate to produce a last- Palestinian and Israeli mothers are Palestinian leadership is truly serious ing peace through open and honest ne- shown mourning their children slain in about peace, they will abandon the gotiations. some senseless act of violence? prospect of unilateral statehood. March 11, 1999 CONGRESSIONAL RECORD — SENATE S2539 Mr. TORRICELLI addressed the ernment in the supplemental aid pack- in the Middle East process. Brave Chair. age that is part of the Wye River agree- Israeli leaders have taken great risks The PRESIDING OFFICER. The Sen- ment, and the hope of economic for peace. So have Arab leaders. And ator from New Jersey. progress on the West Bank and Gaza so so, importantly, have the people of the Mr. TORRICELLI. I am very proud to the Palestinian people themselves be- Middle East. I believe this process still join with Senator BROWNBACK, Senator lieve there is a dividend in the peace offers the most promising approach for WYDEN, and my other colleagues in of- process and their quality of life. It an enduring peace in the region. fering this resolution. I strongly sup- would be extremely difficult to return Palestinian Chairman Arafat made a port S. Con. Res. 5 and urge all of my to the Congress and argue for that sup- fundamental commitment at Oslo that, colleagues in the Senate to adopt it. plemental aid package, including funds in his words, ‘‘all outstanding issues S. Con. Res. 5 states not only our op- for the Palestinians, if the peace proc- relating to permanent status will be re- position to a unilateral declaration of a ess has been abandoned and a Palestin- solved through negotiations.’’ I am Palestinian state; it also urges the ian state unilaterally declared. here on the Senate floor today to call President of the United States to make Mr. President, both parties commit- for a reassertion of that very policy. To very clear the opposition of this Gov- ted themselves to a continuous bilat- move away from the Oslo process and ernment to such a unilateral action. eral process of negotiation. In Septem- take refuge in unilateralism would put It is fair to state that the peace proc- ber 1993, Yasser Arafat said to then- the whole region at risk of destabiliza- ess in the Middle East has reached a Prime Minister Rabin, ‘‘All outstand- tion. That is simply the wrong direc- critical point. Since the signing of the ing issues relating to permanent status tion. I do not believe that a lasting Wye River agreement, there has in will be resolved through negotiations.’’ peace can be built on the basis of uni- truth been little progress. Some pre- That was not a simple statement of lateral declarations. Negotiations re- dicted that with the passage of the fact. It was a promise. It is on that main the single best way to secure the January 29 implementation date, the promise that Israel entered into the two pillars of a secure peace—address- agreement might fail. All parties have Wye agreement. It is on that promise ing Israel’s security concerns and cre- a common interest that the Wye Plan- that the United States has lent its ating a sustainable framework for pre- tation agreement not fail because the good offices. It is on that basis that serving the human rights and political consequences would be enormous. The Israel recognized the Palestinian Lib- self-determination of the Palestinians. arguments for success remain over- eration Organization and began these The American people want security whelming. negotiations. for Israel in the context of human First, only implementation of the A unilateral act by the Palestinians rights for Palestinians. A unilateral agreement will allow the parties to on statehood would undermine this declaration of independence by the Pal- move to talks on final status, and only process perhaps irrevocably. I urge my estinian Authority would only delay talks on final status hold the promise colleagues’ support of this resolution. the fulfillment of these goals. So I am of ending this decades-old dispute. Just as importantly, I urge Chairman proud to join my colleagues today in Second, only implementation of the Arafat to consider these consequences. supporting this very important resolu- agreement will allow the parties to Whatever frustration he may feel, tion. build of the basic elements of trust and whatever disappointment they all feel Mr. LEVIN. Mr. President, I rise confidence that are required for any that the deadline of January 29 has today to voice my support for Senate complete and final agreement. passed, I urge Chairman Arafat to re- Concurrent Resolution 5 and announce And finally, only a successful agree- member that while progress has been my opposition to the unilateral dec- ment will contribute to stability in the unsteady, it has continued. This proc- laration of a Palestinian state. region, and bring an end to the use of ess will go forward. Do not abandon it. Palestinian statehood is an issue the Palestinian dispute to fuel other The Israeli elections may have caused that has been left to be resolved be- conflicts. a delay, but a new Israeli Government tween Israel and the Palestinians dur- Fifty years of negotiating for greater will remain committed to the peace ing permanent status negotiations. peace in the Middle East has taught us process no matter who is elected. Re- Nevertheless, Chairman Yasser Arafat one lesson, peace requires’ both words ject the advice of abandoning peace. has stated on a number of occasions his and deeds. Any deed that runs contrary Reject the temptation of a unilateral intention to declare a Palestinian state to written agreements has enormous declaration of statehood. Await the on May 4, 1999. This action would seri- consequences. outcome of the Israeli elections and ously undermine the continuation of We have also learned through these then let us return to the only peace the Oslo peace process. Prime Minister 50 years that progress may be un- process that guarantees the Israeli and Binyamin Netanyahu has stated pub- steady, but it is certain. It has been a the Palestinian people final determina- licly that he would respond to such a very long road from Golan disengage- tion through permanent status talks. unilateral declaration by annexing That is the process that is now before ment of the Syrians, to a Sinai agree- parts of the West Bank. Such a chain of us. I thank my colleagues for offering ment, to Egyptian peace, to the Wye events would surely mark a major set- this resolution. I thank Senator WYDEN Plantation, following Oslo. There were back and probably the end of the peace moments when it appeared it might for yielding me time. I reserve the remainder of my time. process. come to an end, but it has been contin- In his September 9, 1993 letter to the Mr. DEWINE addressed the Chair. uous. The process does work, and it The PRESIDING OFFICER. The Sen- late Prime Minister Yitzhak Rabin, yields results. Abandoning the peace ator from Ohio. Chairman Arafat writes that ‘‘all out- process now by a unilateral declaration Mr. DEWINE. Mr. President, could I standing issues will be resolved of Palestinian statehood runs contrary inquire how much time is remaining on through negotiations.’’ The unilateral to everything we have learned. It is this side? declaration of a Palestinian state contrary not only to the interests of The PRESIDING OFFICER. The Sen- would clearly violate this commitment the peace process of Israel and the ator from Ohio has 7 minutes 6 seconds. as well as the Israeli-Palestinian In- United States, but ironically, in the Mr. DEWINE. Mr. President, I rise terim Agreement on the West Bank long term contrary to the interests of today in strong support of this concur- and the Gaza Strip which was signed in the Palestinians themselves. rent resolution, S. Con. Res. 5. This Washington, D.C. on September 28, I believe the consequences would be resolution expresses the strong dis- 1995. The agreement states that it is enormous: The destabilization of the approval of the U.S. Senate to any pro- the understanding of the parties in- peace process would perhaps be irrev- posed or contemplated Palestinian volved that permanent status negotia- ocable; second, the declaration is al- state that is created, not through nego- tions ‘‘shall cover remaining issues, in- most certain to lead to renewed blood- tiation, but rather through unilateral cluding: Jerusalem, refugees, settle- shed and frustration—people would be- declaration on the part of the Palestin- ments, security arrangements, borders, lieve the peace process would never be ian Authority. relations and cooperation with other resumed. And, third, tragically, it may I strongly support and have cospon- neighbors, and other issues of common damage the interests of the U.S. Gov- sored this resolution because I believe interest’’ and further that ‘‘neither S2540 CONGRESSIONAL RECORD — SENATE March 11, 1999 side shall initiate or take any step that rection.’’ A unilateral declaration of a negotiations between the two parties, will change the status of the West Palestinian state would throw the en- not through unilateral acts. Bank and the Gaza Strip pending the tire process into reverse. It would be a Mr. BOND. Mr. President, I rise to outcome of the permanent status nego- serious mistake. offer my strong support to the resolu- tiations.’’ So I support S. Con. Res. 5 as far as tion. For a long time now, the Pal- Mr. President, this resolution puts it goes, Unfortunately, it does not re- estinians and the Israelis have been ne- the U.S. Senate on record as opposing flect the inescapable fact that there gotiating a peace, based on com- the unilateral declaration of Palestin- are two sides to the Middle East Con- promise and a vision of peaceful coex- ian statehood. It is a statement, in my flict. Just as the Palestinian Authority istence. mind, in support of the peace process has fallen short in its implementation These negotiations have been dif- and the continuation of negotiations of its Oslo commitments, so have some ficult, for both sides. But, they have between the Palestinians and the Israeli Government actions exacer- progressed steadily towards an extraor- Israelis. Negotiation and mutual agree- bated the condition which have caused dinary agreement. One which could be ment are the only way a true and last- some Palestinians to demand that the a model for all the world to marvel. ing peace can be reached in the Middle issue of statehood be resolved outside A unilateral declaration by Chairman East. While a Palestinian state may in- the scope of the Oslo process. Many Arafat would destroy the advances he deed become a reality at some point in have lost the hope that was kindled by has made for his people in their quest the future, it is my hope that any such the handshake between Prime Minister for peaceful political and geographic entity would be born from the direct Rabin and Chairman Arafat on the autonomy. It is provocative, and it negotiations of the Israeli and Pal- White House lawn in 1995. Had the reso- goes against every tenet of every ac- estinian people and not a unilateral lution been better written or balanced cord to which he has affixed his signa- declaration. I could have co-sponsored it. ture. It would destroy any goodwill he Mr. MACK. Mr. President, a unilat- Despite these setbacks, the adminis- has developed in this body because of eral statehood declaration by chairman tration has played a key role in keep- his good faith negotiation with the Arafat would constitute a gross viola- ing the peace process alive. Congress Israeli Government. tion of the Oslo accords, in effect end- has been asked to provide over a billion I am proud that this body has the ing the peace process. And any state dollars in new funding to support im- courage to stand up and voice its oppo- that he might declare, outside of the plementation of the Wye River Memo- sition to any unilateral moves by Mr. peace process, would be illegitimate, randum. This is funding that we are Arafat. I hope that he can see through irresponsible, and wrong. very hard-pressed to find, but lasting the political fog he has created by I am pleased to see this initiative has peace in the Middle East is in the floating this situation, which was made been cosponsored by 90 Senators as of strong interest of the United States. obviously in an effort to pander to rad- this morning. But we must realize that Just as we are doing out utmost to ical elements. this show of support grows from a very bring the parties together, they need to As an original cosponsor of this reso- deep and heartfelt concern. We want demonstrate that they are fulfilling lution, I call upon all my colleagues to peace to succeed, but Chairman Ara- their commitments. They must both send a clear message that we could not fat’s threat to unilaterally declare a refrain from taking provocative, uni- accept such a declaration. state clearly threatens peace. lateral actions that would jeopardize Mr. BYRD. Mr. President, I have no Mr. President, last week in a state- the prospects for peace and they must doubt that S. Con. Res. 5 is a well-in- ment on the Senate floor, I asked how both be willing to take the necessary tentioned effort by the members of this can peace be reached while the Pal- risks to ensure a safe and prosperous body to express their opposition to any estinian leadership teaches children to future for their people. unilateral declaration of statehood by hate. Today I ask, how can peace be Mr. FITZGERALD. Mr. President, I the Palestinians. I support that posi- reached when the Palestinian leader- rise today as an original cosponsor of tion—such a reckless action on the ship threatens to unilaterally impose a S. Con. Res. 5, a resolution expressing part of the Palestinians would be disas- final status. opposition to a unilateral declaration trous to the Middle East peace I rise today to oppose this threat to of a Palestinian state. I am proud to process— but I cannot support this res- the peace process. I hope the President join my colleagues in supporting this olution. It is, in my opinion, ill-timed will join us in making this statement resolution and unnecessary. to Chairman Arafat. We cannot allow the work of the past The Administration has made clear Mr. LEAHY. Mr. President, S. Con. several years to be swept away by uni- its opposition to any unilateral action Res. 5 expresses congressional opposi- lateral acts such as that threatened by that would preempt the negotiations tion to a unilateral declaration of a Yasser Arafat. President Arafat has between Israel and the Palestinian Au- Palestinian state and urges President threatened to declare a Palestinian thority. But the Palestinians are not Clinton to unequivocally assert United state by May 4, 1999 if there is no fur- the only players in this drama. The States opposition to such a declara- ther progress in the Peace Process. Israelis are also partners in the peace tion. I agree with the sponsors of this Mr. President, this act, in defiance of process, and have an equal stake in re- resolution that it would be extremely the Oslo Peace agreements signed by fraining from provocative and desta- unwise for the Palestinian Authority the late Prime Minister Yitzhak Rabin bilizing actions. This resolution, how- to take such a provocative and desta- and Mr. Arafat, can only destabilize ever, does not address the responsibil- bilizing step. the region. It would no doubt precipi- ities of the Israelis. In open forums and behind closed tate further acts and the entire Peace If Yasser Arafat has not yet gotten doors the administration has expressed Process, as precarious as it is, could be the message that the United States is repeatedly its opposition to any unilat- shattered. opposed to a unilateral declaration of eral action by either Palestinians or The only true path to peace is statehood, this non-binding resolution Israelis which would predetermine through negotiation with Israel. There is not sufficient to drive the point issues reserved for final status negotia- is no other way to achieve a satisfac- home. But it contains the kind of rhet- tions. There is no doubt that the tory conclusion to this one-hundred- oric that could be used by those who United States firmly opposes a unilat- year conflict. With the passage of this wish to further disrupt the peace proc- eral declaration of a Palestinian state. resolution Congress sends the message ess. Given the tensions inherent in the Such a declaration would be a viola- that if Yasser Arafat declares a Pal- efforts to negotiate a peaceful settle- tion of the principles contained in the estinian state on May 4, the United ment between the Israelis and the Pal- Oslo Accords, and it could imperil the States should not recognize the valid- estinians, the Congress should not take hard won but fragile agreement ity of the declaration and Congress will up what amounts to little more than a reached at Wye River. At the signing of strongly oppose it. self-serving resolution that may do the Wye River Memorandum, the late Mr. President, if there is to be peace more harm than good. King Hussein said, ‘‘we are not mark- between Israel and the Palestinians, it If the United States Congress wishes ing time, we are moving in the right di- will be accomplished through peaceful to make a meaningful contribution to March 11, 1999 CONGRESSIONAL RECORD — SENATE S2541 the Middle East peace process, we This legislation is intended to set the clear on this fundamental issue. I com- should, first, keep pressure on both record straight. Despite the President’s mend the Senate leadership of both sides to negotiate in good faith and to ambiguous statements, there should be parties for enabling the Senate to go avoid provocative words or actions, and no confusion among the Palestinian on record today in strong opposition to second, we should act promptly when leadership about where the United any such unilateral declaration. the Administration sends to Congress States Congress stands on the issue of Mr. BIDEN. Mr. President, when the its request for supplemental appropria- a unilateral declaration of statehood. Prime Minister of Israel, the late tions to implement the Wye River Mr. President, this matter brings to Yitzhak Rabin, and the Chairman of peace agreement. In this way, we can the fore another issue in which the ad- the Palestine Liberation Organization, demonstrate our commitment to peace ministration’s mixed signals and incon- Yasser Arafat, signed the Declaration in the Middle East without adding fuel sistent policy in the Middle East has of Principles on September 13, 1993, to an already incendiary situation. enabled false hopes and fantasy to they each made a commitment to put Mr. KYL. Mr. President, I rise to ex- flourish. I am referring to the policy of nearly a century of conflict behind press my support for Senator the United States regarding the status them and agreed to settle their dif- BROWNBACK’S legislation, Senate Con- of Jerusalem. ferences through negotiation. current Resolution 5, regarding the With support from 90 percent of the Since then, the process they set into unilateral declaration of a Palestinian members in both Houses, in 1995, Con- motion has had its ups and downs. state. As an original cosponsor of this gress passed the Jerusalem Embassy Many innocent lives have been lost at legislation, I believe it is important for Relocation Act, the principle feature of the hands of those opposed to peace the Senate to indicate its opposition to which was the requirement to establish and reconciliation. But progress has any unilateral declaration of statehood an American embassy in Jerusalem no been sustained because both sides have by the Palestinian Authority before later than May 31, 1999. Another key ultimately demonstrated a willingness Chairman Yasser Arafat’s visit to the element of the legislation, which the to resolve their disputes at the bar- United States to meet with President administration has repeatedly refused gaining table. Clinton. to acknowledge, is the statement of Were Chairman Arafat now to take The legislation underscores three im- U.S. policy regarding Jerusalem. The the unilateral step of declaring a Pal- portant points: legislation states: ‘‘It is the policy of estinian state, I fear that it would First, the final political status of the the United States that Jerusalem is territory controlled by the Palestinian threaten the progress that has been the capital of Israel.’’ Despite that the made over the past 6 years. Authority can only be determined legislation is now law, the Clinton The Declaration of Principles stipu- through negotiations and agreement State Department has repeatedly re- lates that the toughest issues—Jerusa- between Israel and the Palestinian Au- fused to acknowledge this policy. thority. So, with the acquiescence of the Clin- lem, refugees, settlements, borders— Second, any attempt to establish ton administration, the Palestinian are to be resolved by permanent status Palestinian statehood outside the ne- Authority has chosen to ignore Amer- negotiations. It is dangerous to argue gotiating process will invoke the ican law and continues to hold out that the end of the interim period on strongest congressional opposition. hope that the United States will recog- May 4 gives either side the right to de- Third, the President should un- nize Jerusalem as the capital of a Pal- cide an issue that both sides agreed to equivocally assert United States oppo- estinian state, perhaps even the capital negotiate. sition to the unilateral declaration of a of a state established unilaterally. Any action or proclamation by either Palestinian state making clear that a This will not happen. side that prejudges the outcome of ne- declaration would be a grievous viola- The United States Congress has a gotiations can only hurt the cause of tion of the Oslo accords and that a de- clear policy regarding Jerusalem. peace. it invites the other side to re- clared state would not be recognized by Today, we are stating our position re- spond in-kind, and it serves only to the United States. garding the unilateral establishment of delay a lasting peace settlement. As we all know from reading the a Palestinian state. While the adminis- Mr. President, last August, I had the newspapers, this legislation is directed tration’s policies are confusing, ambig- opportunity to meet with the Chair- toward those Palestinians, including uous statements of general support for man Arafat and Prime Minister Chairman Yasser Arafat, who have everything on the table, the Congress Netanyahu. At the request of President made statements about the possibility is clear and direct. No unilateral dec- Clinton, I discussed with them some of of issuing a unilateral declaration on laration. No Palestinian sovereignty the key issues in dispute. or about May 4 of this year. Last over Jerusalem. Contrary to what many were saying month a top Palestinian official said, I commend Senator BROWNBACK and at the time, I found both leaders to be ‘‘We are moving forward in our prepa- my colleague from Arizona, MATT committed to the peace process. Not ration for the day, May 4th, the date of SALMON, who is the principal sponsor of many believed that these two individ- the declaration of the Palestinian state this legislation in the House of Rep- uals would overcome the profound dif- that would encompass a portion of Je- resentatives. ferences over territory and security rusalem. The cabinet announced that Mr. KENNEDY. Mr. President, I that were holding up an agreement on ‘‘At the end of the interim period [the strongly support this resolution, and I the second redeployment. With the Palestinian Authority] shall declare urge the Senate to approve it. I oppose Wye River Memorandum, both leaders the establishment of a Palestinian the unilateral declaration of an inde- proved that negotiations can resolve state on all Palestinian land occupied pendent Palestinian state. Such a pro- disputes, if both sides share the same since 1967, with Jerusalem as the eter- vocative action would violate the let- goal. nal capital of the Palestinian state.’’ ter and the spirit of the peace process It is in that spirit that I trust that On several occasions over the past in the Middle East, and could well be the Palestinian leadership will not pro- year, the Clinton administration has an irreparable blow to that process. ceed with a unilateral declaration of refused to express U.S. opposition to The issue of an independent state is statehood. the unilateral declaration of an inde- clearly one of the most critical issues pendent Palestinian state, and has left I am confident that they will realize in the peace process, and just as clear- that their aspirations can best be real- it an open question as to whether the ly, it is an issue that must be nego- United States will recognize a unilater- ized through a commitment to the tiated by the parties themselves. principles of negotiation. ally declared Palestinian state. As an I hope very much that Chairman example, his intention to establish a Arafat will be successful in resisting I yield the floor. Palestinian state with its capital in Je- the pressure he is under to take this ir- Mr. SPECTER addressed the Chair. rusalem. Unfortunately, the President responsible action. The peace process is The PRESIDING OFFICER. Who may have only encouraged this course too important, and the parties have yields time? when he said: ‘‘[T]he Palestinian people come too far, to allow this to happen. Mr. DEWINE. I yield time to the Sen- and their elected representatives now It is very important for all of us in ator from Pennsylvania. have a chance to determine their own the United States who care about peace The PRESIDING OFFICER. The Sen- destiny on their own land.’’ in the Middle East to make our views ator from Pennsylvania. S2542 CONGRESSIONAL RECORD — SENATE March 11, 1999 Mr. SPECTER. Mr. President, it is I thank the Chair and thank my col- Both Israel and the Palestinians im- my expectation—and really pre- league from Ohio for yielding the time. plemented their commitments in the diction—that this resolution will pass I yield the floor. first phase of the Wye memorandum. the U.S. Senate by overwhelming num- The PRESIDING OFFICER. The Sen- Unfortunately, the process remains bers and that it should be heeded by ator from Oregon. stalled there, though important co- any of those who wish to have a unilat- Mr. WYDEN. Mr. President, Senator operation between Israeli and Palestin- eral declaration of a Palestinian state. LAUTENBERG, the Senator from New ian representatives continues. My colleagues have already articulated Jersey, is interested in speaking on President Clinton has rightly urged the point that Chairman Arafat has this as well. He is not here at this the parties to respect and implement made a commitment to determine time. the Wye memorandum, despite the issues such as the Palestinian state by I ask unanimous consent that the re- pending election in Israel. Prospects negotiations, and we would expect that mainder of our time be allowed to go to for further implementation are good, in commitment to be preserved. There are Senator LAUTENBERG. I believe it is my view, even if this is not happening very delicate matters involving Israel just under 5 minutes. It is my under- right now. and the Palestinian Authority with re- standing there will be a vote on this The point is that, on the whole, the spect to withdrawals, and there are measure at 2 o’clock or sometime in Oslo framework is still intact. Final major risks in ceding as much real es- that time vicinity, so he would have to status negotiations to resolve the most tate, as much ground, as much terri- get here, obviously, fairly soon. But I challenging issues should begin within tory as Israel has ceded to the Pal- ask unanimous consent the remainder a matter of months. In that context, of our time be allocated to Senator estinians. the resolution we are considering today LAUTENBERG. makes a vital point. The Palestinians There is an element of great emo- The PRESIDING OFFICER. Without tionalism, over and above the issue of must not jeopardize the peace process objection, it is so ordered. by unilaterally declaring statehood, as security. I recall the famous handshake Mr. DEWINE. Mr. President, I sug- on the White House lawn on September Chairman Arafat and other Palestinian gest the absence of a quorum. leaders have suggested. By adopting 13, 1993, with the expectation of work- The PRESIDING OFFICER. The this resolution, we send an unequivocal ing out a permanent peace in the Mid- clerk will call the roll. dle East. The legislative clerk proceeded to message that, certainly as far as the In December of 1993 I had occasion to call the roll. Congress is concerned, the United travel with a congressional delegation Mr. LAUTENBERG. Mr. President, I States would not recognize a unilateral and visited Egypt. President Mubarak ask unanimous consent that the order statehood declaration and would in- arranged a meeting with Chairman for the quorum call be rescinded. stead condemn it as a violation of the Arafat at that time, where he renewed The PRESIDING OFFICER. Without Oslo accords. Mr. President, this resolution rep- his pledges to live by the Oslo accord. objection, it is so ordered. resents our strong commitment to a A few weeks later I was in Israel, in Mr. LAUTENBERG. Mr. President, I understand there is a unanimous con- negotiated peace in the Middle East. I, Jericho, and found for sale at the road- on a personal basis, look forward to the side stands, flags of the Palestinian sent agreement that says I should be permitted to use the remainder of the fact that one day they will put aside state. The ink was barely dry on the violence there and they will get along. Oslo accords and the handshakes were time on this side. The PRESIDING OFFICER. The Sen- It is a necessity; this is not a matter of barely unclasped on the White House ator is correct. choice. I welcome the overwhelming lawn before people were talking about Mr. LAUTENBERG. Mr. President, I support that is indicated for this mes- a Palestinian state and there was, in rise in support of this resolution, of sage on the part of my colleagues, that fact, the Palestinian flag. which I am an original cosponsor, op- no unilateral declaration of statehood I recall visiting in Amman, Jordan, posing Palestinian statehood as a uni- will receive the support or the encour- in the mid-1980s, awaiting a meeting lateral declaration. We need to send an agement of the United States. with King Hussein and looking at a unequivocal signal of the Senate’s op- With that, I yield the floor. map of the Mideast. Where I expected position to any unilateral declaration Mr. ROBB addressed the Chair. to see the designation of ‘‘Israel,’’ of Palestinian statehood. The PRESIDING OFFICER. The Sen- there was the designation of ‘‘Pal- I know the players here very well. I ator from Virginia. estine.’’ I mentioned that to King Hus- knew Israeli Prime Minister Rabin. I Mr. ROBB. Mr. President, I think sein, the leader of Jordan, and had the considered him a close friend. I had a this is a terribly important issue in comment that ‘‘it was an old map.’’ lot of contact with him over a period of that we understand that the bottom Well, maps can be redrawn. But for more than 20 years. I got to know line is that threats undermine the years the State of Israel was not recog- Chairman Arafat when he came to peace process. It is that simple. Auton- nized in the Arab world. Instead of hav- Washington, and I have seen him in omy has to be determined through the ing ‘‘Israel,’’ which had control of the Jericho. I have seen him here several process of negotiations. We are not land and was the sovereign controlling times; I have seen him in New York. talking about statehood. I applaud all that land, ‘‘Palestine’’ was still noted When they got together, shook hands, of the Members who have joined in co- on the maps. and signed the Declaration of Prin- sponsoring this resolution. I hope it There is also the issue of a very sub- ciples that was negotiated in Oslo, it will be passed unanimously by the U.S. stantial appropriation which is being was a tremendous historical moment. Senate. sought from the Congress of the United The Oslo accords set in motion a f States. I am not saying that appropria- process to end violence and bring peace EDUCATION FLEXIBILITY tion would be conditioned on the Pal- to this troubled region. Despite obsta- PARTNERSHIP ACT estinian Authority abiding by the cles and delays, Israel and the Pal- The PRESIDING OFFICER. Under terms of the Oslo accord with respect estinians have come a long way down the previous order, the Senate will now to settling the declaration of a Pal- the road to a better future. Last year, resume consideration of S. 280, which estinian state by negotiations, but cer- with the peace process stalled, Presi- tainly it would be in mind, it would be the clerk will report. dent Clinton brought together Prime The legislative clerk read as follows: a factor to be considered, with many, Minister Netanyahu and Chairman many others. A bill (S. 280) to provide for education Arafat for intensive discussion on a flexibility partnerships. So, in sum total, there is much to plan that would achieve further The Senate resumed consideration of recommend restraint by the Palestin- progress in implementing the Oslo ac- the bill. ian Authority and to leave this issue, cord. With the help of a good friend to Pending: as to whether there will be a declara- the United States, to Israel, and to the Jeffords amendment No. 31, in the nature tion or not, to final status negotiations Palestinians—King Hussein of Jordan— of a substitute. in accordance with the terms of the President Clinton convinced the par- Jeffords (for Lott) modified amendment Oslo accord. ties to sign the Wye River agreement. No. 60 (to amendment No. 31), to express the March 11, 1999 CONGRESSIONAL RECORD — SENATE S2543 sense of the Senate regarding flexibility to upon a foundation of quality education. problems of social promotion, the prob- use certain Federal education funds to carry Indeed, I would argue that it is the in- lems of rising standards, the problems out part B of the Individuals with Disabil- vestment of our parents’ generation in of getting better teachers, retaining ities Education Act, and to provide all local quality schools, rising standards of ex- good teachers. educational agencies with the option to use What is unique about this education the funds received under section 307 of the cellence, attraction of good teachers, 30 Department of Education Appropriations and 40 years ago, that we are now reap- debate is—everybody is right—there is Act, 1999, for activities under part B of the ing in dividends of prosperity. There is no one good idea. There are no two Individuals with Disabilities Education Act. no question that in those years our good ideas. This is a problem of such Feinstein/Dorgan/Bingaman amendment parents understood that the security of complexity that is so central to quality No. 61 (to amendment No. 31), to assist local our Nation and our prosperity would be of life and economic opportunity in educational agencies to help all students no stronger than the investment we America that succeeding requires achieve State achievement standards, and to made in education. everybody’s best efforts. What is most end the practice of social promotion. Wellstone amendment No. 62 (to amend- I believe that as our parents recog- important is that it is a debate that re- ment No. 31), to provide for local and state nized the opportunity and made the in- quires a competition of the best ideas plans, use of funds, and accountability, vestment and that investment yielded between Democrats and Republicans under the Carl D. Perkins Vocational and these dividends, the problems of Amer- and liberals and conservatives. Technical Education Act of 1998, except to ican education now stand like a dagger There is no monopoly on creative permit the formation of secondary and post- at the heart of our economy. Too many thinking in dealing with the problems secondary consortia. of our children are now attending of education in America. Indeed, the Bingaman amendment No. 63 (to amend- schools that would be a source of em- ment No. 31), to provide for a national school underlying legislation, the Education dropout prevention program. barrassment for any Member of this in- Flexibility Partnership Act, is a good Bingaman (for Murray/Kennedy) amend- stitution. I have visited schools across idea, it is a sound idea, but it is one ment No. 64 (to amendment No. 31), authoriz- New Jersey where children meet in idea that in and of itself does nothing ing funds for fiscal years 2000 through 2005 to hallways, in gymnasiums, because about overcrowding or rising standards provide for class-size reduction in the early there are no longer classes available. or new technology. It is one idea. I will grades and to provide for the hiring of addi- The very schools that our parents pro- vote for it, and this Senate should tional qualified teachers. Bingaman (for Boxer) amendment No. 65 vided for us that helped build this pros- enact it. But at the end of the day it (to amendment No. 31), to improve academic perity are crumbling around our feet. leaves us with this question: What do and social outcomes for students and reduce The GAO has reported that one-third we do about these varieties of other both juvenile crime and the risk that youth of all schools in America, serving 14 problems? will become victims of crime by providing million students, are in serious need of Indeed, can this Senate say at the productive activities during after school repair. Teachers, no matter how hard conclusion of the 106th Congress that hours. they try, no matter their level of ef- we have dealt with educational flexibil- Jeffords (for Lott) amendment No. 66 (to fort, can only do so much with old ity, but that is all we have done, and amendment No. 31), to provide all local edu- textbooks and with the dearth of mod- cational agencies with the option to use the seriously argue that we have dealt with funds received under section 307 of the De- ern technology. All the inventions and the issue of education in America? partment of Education Appropriations Act, services on the Internet in the world Last year, in this Senate, I joined 1999, for activities under part B of the Indi- won’t make any difference in American with Senator COVERDELL in the belief viduals with Disabilities Education Act. education when only 27 percent of pub- that we should establish savings ac- Jeffords (for Lott) amendment No. 67 (to lic schools are even connected to the counts to help fund private and public amendment No. 31), to provide all local edu- Internet. Far too few communities can education. I believed it was a good cational agencies with the option to use the any longer afford the extra curricular idea. But even then, I argued, in an- funds received under section 307 of the De- partment of Education Appropriations Act, activities, the extra hours of instruc- swer to my own legislation, that if that 1999, for activities under part B of the Indi- tion that we enjoyed as students our- is all that we have done, we haven’t viduals with Disabilities Education Act. selves. begun to address the problems of edu- Jeffords (for Lott) amendment No. 68 (to Across America, school districts are cation in America. I return to that ar- amendment No. 31), to provide all local edu- canceling sports activities. The club gument today. cational agencies with the option to use the activities, the tutoring activities, the Consider the dimensions of the prob- funds received under section 307 of the De- activities where students excelled a lem, if you are to disagree and argue partment of Education Appropriations Act, generation ago are being lost, leaving that educational flexibility alone will 1999, for activities under part B of the Indi- viduals with Disabilities Education Act, and between 5 and 15 million students left deal with this national dilemma. Forty to amend the Individuals with Disabilities alone at home after school. The reality percent of fourth grade students are Education Act with respect to alternative of the two-wage-earner family means failing to obtain basic levels of read- educational settings. that millions of these students not ing; 40 percent of eighth graders fail to Mr. TORRICELLI addressed the only do not have supervision in school obtain a basic level of mathematics. Chair. or activities but are left alone. Even if High school seniors across the Nation The PRESIDING OFFICER. The Sen- they did not need the instruction, even are ranked 19th out of 21 industrialized ator from New Jersey. if they did not need the socialization or nations in math and science. Of course, Mr. TORRICELLI. Mr. President, activities, these students are going I support legislation for educational under the previous order, I yield myself home, where we are laying the ground- flexibility, but I am also here to sup- 10 minutes on the bill. work for drug abuse, teenage preg- port the Murray amendment to hire The PRESIDING OFFICER. The Sen- nancy, truancy, with a direct correla- more teachers and reduce class size, be- ator is recognized. tion between students who do not have cause we know, according to the De- Mr. TORRICELLI. Mr. President, activities after school and failing partment of Education in their 1998 there is understandably much discus- grades and dropouts. May report, that one element most di- sion in our country about the ways and Local schools are so overwhelmed rectly relating to improved student means to continue the rather extraor- with these social problems, the over- performance is a reduction of class size dinary economic prosperity that has crowding, the crumbling schools, some- in the early grades. The Murray been visited upon our generation. times they have no choice but social amendment is the one answer we know Theories abound about how to main- promotion, take a student who is fail- will improve student performance in tain this economic growth that is pro- ing and send them through the system early grades. The Murray amendment viding employment, a growing Federal and on to the streets. The reality of would finish the process we began last surplus, and a rising quality of life in this education debate is, there are a lot year of adding 100,000 new teachers in America. of good answers, and they are rep- America to reduce class size. It is one thing upon which I suspect resented by many Senators on this Indeed, I would have liked to have we can all agree, as we think about floor—efforts to help local commu- today added to the efforts of Senator continuing the current economic ex- nities deal with the cost of recon- MURRAY with an amendment of my pansion, that this prosperity is built structing our schools, dealing with the own, and that would have been to give S2544 CONGRESSIONAL RECORD — SENATE March 11, 1999 signing bonuses to people who will be- I want to underscore that a State is coming in from the Federal Govern- come teachers. Where our best college cannot take advantage of this program ment and put it in the classroom to im- graduates will go to schools most in unless they agree themselves to waive prove the education of our children. need, I would have offered them a sign- their regulations, and in some in- And if you want to talk about prior- ing bonus to get them into the class- stances—for example, in Ohio—even ities: Rather than 100,000 new teachers, room immediately. waive statutes. This provided an oppor- I would rather put the money in fund- It confronts the reality of the fact tunity for school districts to get waiv- ing the Individuals With Disabilities that a starting teacher in America ers that, prior to Ed-Flex, had to go di- Education Assistance Act or, in the al- today could hope to earn, in a public rectly to Washington in order to get a ternative, my favorite: If I had the school, $25,000. For a software engineer, waiver. It allows them to go to their choice, instead of 100,000 teachers, I our leading high-tech companies are of- superintendents of public instruction would put the money into 0 to 3, or fering $50,000 to the same person, with in their respective States. conception to 3, a time in a child’s life a signing bonus. Teachers are prepared I am proud that we have had an op- that is being, quite frankly, neglected to make sacrifices because they are portunity to take advantage of this. In in this country, not only by the Fed- dedicated, but how much of a sacrifice? Ohio we have 186 schools using a title I eral Government but by the local gov- We know they are our most important waiver, with over half of these schools ernments. We can prove that if you put asset in dealing with the issue of edu- increasing their proficiency test scores money in during that period of time, cational quality. in math and science. Those school dis- when it is most important to the devel- So, my colleagues, I urge that we all tricts have taken advantage of waivers opment of a child’s ability to learn, come together to support educational in the Eisenhower grants. As you you can get the best return on your in- flexibility. But I would have liked to know, in the Eisenhower grants, 85 per- vestment. have offered my amendment, which cent of the money is supposed to be So let’s debate how we want to spend will not be allowed today. I urge my used for math and science. But in the this Federal money and where we colleagues to consider Senator MUR- elementary schools, how can a kid ought to be spending it, but let’s not RAY’s amendment, and also Senator learn math or science if they cannot make that part of the debate on Ed- FEINSTEIN’s to end social promotion in read? So as a result of the waiver pro- Flex. We will get to that. We will have our schools—the passing of the problem gram, we were able to get waivers to that debate. We will look at what is along to the streets because we will not allow the money to be spent on read- available and decide how it is to be deal with it in the classroom—and Sen- ing, and today in those schools we have spent. ator BINGAMAN’s amendment to help seen a dramatic increase in the math So today I ask the Members of the stem the tide of dropouts. Unfortu- and science scores as a result of the Senate to support Ed-Flex. Let’s have a nately, one of the most important fact that those schools were able to clean Ed-Flex bill. Let’s get it done. It problems of all—deteriorating take advantage of the waiver. has made a great difference for the peo- schools—we won’t be able to vote on. There are some people who would ple of Ohio and those States that have The PRESIDING OFFICER. The Sen- argue that we need more accountabil- taken advantage of it. I think it is long ator’s time has expired. ity. I argue that we have accountabil- Mr. TORRICELLI. Mr. President, I overdue to give the other 38 States of ity in most States. In Ohio, for exam- thank you for yielding me the time. I this Nation the same opportunities support the underlying legislation but ple, we have our report cards, not only that we have. also the amendments being offered. by districts but by individual build- Mr. President, I yield the floor. Mr. VOINOVICH addressed the Chair. ings. With Ed-Flex, a building or a Mr. KENNEDY addressed the Chair. The PRESIDING OFFICER. The Sen- classroom that takes advantage of a The PRESIDING OFFICER. The Sen- ator from Ohio. waiver has to agree that within a year ator from Massachusetts. Mr. VOINOVICH. Mr. President, I they will report back on how they are Mr. KENNEDY. I yield 10 minutes to stand before you today in strong sup- taking advantage of that waiver and the Senator from Rhode Island. port of Senator FRIST’s Educational whether it is making a difference in The PRESIDING OFFICER. The Sen- Flexibility Partnership Act. But then the classroom. ator from Rhode Island. again, most of the Senate, and all 50 I would say that if I could get every Mr. REED. Thank you, Mr. Presi- Governors, Secretary Riley, and even title I school in the United States of dent. the President want this wonderful America to become an Ed-Flex waiver I first thank the Senator from Massa- piece of legislation to pass today. school, we would have a lot more ac- chusetts for yielding me time but, It is a big day personally for me. countability with that title I money more importantly, thank him for his Some people are not aware of the fact that is going into those districts—for tremendous efforts on the floor of this that this effort for flexibility started in those that are concerned about title I. Senate for the last several days. Hour Ohio in 1981, when I commissioned a I think this idea is so overwhelming upon hour, he has been battling to en- private-sector audit of the department that last year, as chairman of the Na- sure that this education flexibility bill of education to make it more friendly tional Governors’ Association, I made is not simply a blank check to the to our school districts. At the same Ed-Flex one of my top priorities. I re- States but it also has the kind of ac- time, it was command and control. The call going to the White House and talk- countability that will be necessary to private-sector management audit came ing to President Clinton about it and ensure that this flexibility will result back and said it was riddled with pa- his indicating that he thought it was a in improved student performance. In perwork, and the shocking thing was good idea. Last year, we almost got it fact, it is a battle the Governors urged that half the paperwork the depart- done with the help of Tom Carper, the us to take up because they are as con- ment had to do and the schools had to Democratic Governor of the State of cerned as anyone else to ensure that do was as a result of Federal regula- Delaware. Again, we are bringing it this flexibility is accompanied by ac- tions, and we were only getting 6 per- back to Congress for their consider- countability. cent of our money from the Federal ation. He has also taken up the fight on two Government. To my Democratic colleagues I say important issues of unfinished busi- I recall going to Washington at that this: There are a lot of ideas that have ness. Last year, we appropriated sig- time and sitting down with Secretary been proposed here on the floor. My at- nificant amounts of money over the Lamar Alexander and asking him if he titude is that they all involve money. next several years to ensure that we could do something about it. Unfortu- This is not a money bill. Ed-Flex does could reduce class size by hiring addi- nately, he could not. Later on when not require one additional dime from tional teachers. It is now imperative President Clinton became President the Federal Government. What it does that we authorize that appropriation, and Dick Riley, a former Governor, be- do is that it allows school districts to that we give a sense of continuity, sta- came Secretary of Education, in the save the paperwork and the redtape so bility, and assurance to the local com- Goals 2000 legislation he provided for their administrators can spend time on munities that this money, this pro- States to take advantage of some flexi- education, and the teachers can, and gram, will be in place over time. Sec- bility. they can take more of the money that ond, last year we also went a long way March 11, 1999 CONGRESSIONAL RECORD — SENATE S2545 toward developing programs to prevent portant. We know that good schools for Law and Education supports this. students from dropping out of our are schools not only with robust and Also, this was one of the provisions schools. Senator BINGAMAN has been intellectually curious children and that was pointed out specifically in the the champion of this program and that good teachers, they are those schools statement of administration policy is unfinished business that we want to that have strong parental involvement. dated March 3 as part of their review of take up. My amendment would simply require the underlying Ed-Flex legislation. What has happened in the course of the States to have a comment period I say with some regret I cannot sup- this debate is we have moved beyond with respect to their proposals for edu- port Senator LOTT’s proposal because I both Ed-Flex and accountability and cational flexibility. Specifically, ask do think it is presenting a Hobson’s some unfinished business to embrace that parents and other interested par- choice. I think we can do better. I don’t other issues. The positive value of that ties be allowed to comment. These think we have to choose between some is any debate about education, I be- comments would be taken pursuant to children versus others. I think we have lieve, is inherently healthy, and I am State laws. We are not trying to create to recognize that class size will help all pleased to do that, but we have taken a special unique procedure. We don’t children. It may, in fact, be addition- some steps away from the main topic. want to add to the burden of States, ally beneficial to children with special There is one issue I particularly want but we want States to listen to the par- needs. to concentrate on and focus on. That is ents in their communities when they Again, I think as we all recognize an amendment I introduced that would talk about educational flexibility. that we have a special responsibility to go directly to the issue of educational More than that, we want these com- put our money where our noble words flexibility, directly to the issue of ac- ments to be incorporated in the appli- are when it comes to the issue of indi- countability. I had hoped to have the cation to the Secretary of Education so viduals with disabilities and their edu- opportunity to offer the amendment as that the Secretary understands not cation in the United States, that re- a stand-alone, that I could debate it just the perspective of the Governor, quires looking for additional resources and engage in a principled discussion, but just as importantly—in fact, one rather than simply trying to play one but because of the parliamentary con- might argue more importantly—the off the other in terms of some children dition of the floor, because of the unan- perspective of parents in the commu- versus other children. imous consent, the only opportunity I nities of that State. I thank, again, Senator KENNEDY’s had to have the amendment offered was I am pleased to say after spending a leadership and certainly Senator FRIST to do so in conjunction with one of great deal of discussion with Senator and Senator WYDEN who have been Senator LOTT’s amendment. FRIST, particularly, we have reached an doing a remarkable job on the floor. I I am in the awkward position of sup- accommodation acceptable to both hope at the end of the day we will have porting my amendment and grateful sides. In fact, it represents a movement a bill we can all support. There are that Senator LOTT included it in his on my part from the amendment I sug- some provisions, as I outlined, that I amendment, but respectfully differing gested last year which would have re- opposed, but I conclude by strongly with Senator LOTT on his proposal with quired a formal 30-day period of com- supporting my amendment which respect to IDEA. What Senator LOTT is ments that would require an evalua- would give parents a real say in the essentially providing to the school dis- tion of the comments by the States in educational flexibility plans that ema- tricts of America is a Hobson’s choice, terms of their goals for educational nate from the States. a choice between decreasing class size flexibility and incorporating that in With that, I yield back any time I or additional resources for IDEA, the the application. We have decided to have to Senator KENNEDY. Individuals with Disabilities Education move closer together in terms of a The PRESIDING OFFICER (Mr. Act. I don’t think we should present more streamlined process. VOINOVICH). The Senator from New that choice to school districts. I think I point out that just a few days ago Mexico. we should do all we can to ensure that the Committee on Education and the Mr. DOMENICI. Mr. President, I will we properly fund IDEA and at the same Workforce in the other body, by an be managing the time on our side until time we are able to reduce class sizes overwhelming vote of 30–9, passed my Senator JEFFORDS arrives. I yield my- throughout the country. amendment of last year requiring a self 6 minutes and then I will yield to In fact, I argue that a reduction in much more rigorous parental involve- the distinguished Senator. class size will materially benefit the ment, a more heavily regulated, if you Mr. President, first, I rise in strong Individuals with Disabilities Education will, approach to the issue. support of the Education Flexibility Act programs throughout the country In order to have a position in con- Partnership Act. I begin with a brief because the reality of many school- ference that will give us the oppor- quote: rooms is that there are IDEA students tunity to discuss this and discuss this An investment in knowledge always pays in large classrooms. They are not get- with a principle proposal already on the best interest. ting the attention they need and de- the table, I am extremely pleased that Benjamin Franklin stated that in the serve. At the same time, the other stu- this amendment, the Reed amendment, early years of our Republic. dents aren’t getting that type of atten- has been incorporated into Senator Building upon this statement, I say tion. By reducing class size—and this is LOTT’s proposal. This Reed amendment it is a simple fact—which the occupant an amendment that Senator MURRAY is going forward. of the Chair, as a distinguished Gov- has championed and I salute her—we It also, I might add, follows prece- ernor in a State that has seen great will help both programs, but ulti- dents we established last year with re- economic growth and prosperity and mately we should be able to find the re- spect to parental involvement, in par- better jobs and more opportunity—it is sources to fund both reduced class sizes ticular with respect to the Workforce a simple fact that the future is preju- and also keep up our commitment to Investment Act and the Reading Excel- diced in favor of those who can read, the Individuals with Disabilities Edu- lence Act. I hope this is the beginning write, and do math. cation Act program. of a trend to involve parents directly A good education is a ticket to a se- Let me speak specifically about my with the issue of educational reform at cure future in this United States. And amendment that goes to the heart of the local level. obviously, the opposite is equally true. Ed-Flex. It goes to the heart of ac- I hope it also represents an oppor- As the earning gap between brains and countability. What it would do is in- tunity that we will follow up in the El- brawn grows even larger, almost no one volve parents, which I think is a topic ementary and Secondary Education doubts that there is a link between we have not paid enough attention to. Act to think about ways we can get education and the individual’s pros- I hope in this oncoming reauthoriza- parents more involved in the education pects, even in this great land of oppor- tion of the Elementary and Secondary of their youngsters. I also add that the tunity. Education Act, we would put a special Parent Teachers Association of Amer- Today, the Senate is taking a first emphasis on innovative ways of involv- ica supports my amendment, the Edu- step to improve our Nation’s edu- ing parents in the educational process. cation Trust supports it, the American cational system, because everyone ac- We know it works. We know it is im- Federation of Teachers and the Center knowledges that our children are the S2546 CONGRESSIONAL RECORD — SENATE March 11, 1999 future of this country and we must the bills, and sometimes we even take The PRESIDING OFFICER. Without make every effort to provide them with a poll before we invent them to see objection, it is so ordered. the tools to succeed. Our action pro- what it is the people want. Mr. JOHNSON. Mr. President, I join vides States with increased flexibility Who can be against more teachers? with my colleagues, Republican and to ensure that our students have an But if you fund the States with more Democrat, in expressing support for even better opportunity to succeed. I money for IDEA, the disabled children, the underlying Ed-Flex legislation that submit that because we have so many which we are already obligated to do, it we are taking up today. This legisla- programs at the national level, small relieves an equal number of dollars for tion recognizes that the final thought and large—and I will allude to the them to use for teachers if they would in how to prioritize educational needs number shortly—that if you are look- like. Some are frightened, however, in our school districts and our States ing for a place to reform, maybe you that the States and the schools might does not reside exclusively here in ought to start right here. not use it for more teachers. They Washington. It will commit to a level Maybe we ought to look at the whole might use just a little piece of it for of innovation that I think is needed in package of targeted educational pro- that because they already might have the 50 States, and with the proper ac- grams at the national level and see sufficient teachers. countability, provide for many dif- how far off the mark they really are It is not a new thing in education ferent strategies designed to improve when it comes to helping children in that we dreamt up here in Washington student achievement all across this the United States. This takes some of that we need more teachers in our country. our programs and says that one size schools, although it is still not un- However, I think Congress would be doesn’t fit all, and Washington bureau- equivocal as to whether reducing the remiss if it stopped there. I think there crats and interpreters of these various size to the level we contemplate na- are a number of very constructive laws don’t always know best, so we are tionally is what every school system amendments being offered relative to going to give local teachers and admin- thinks would do the job best for their this legislation, not least of which is istrators who know the problems the children. That is not decided yet. That the afterschool program amendment opportunity to create flexibility in is still out there feverishly being being offered by the Senator from Cali- terms of how these various programs tossed around with many other con- fornia, Senator BOXER, to provide for are used in the field for our children. cepts in terms of education. what I believe is a commonsense kind I want to move ahead to a summary So, Mr. President, this is just the be- of Federal, State and local partnership, that was given to us by the GAO that, ginning—this flexibility—of what I to provide for an enhanced ability to in conjunction with the Budget Com- hope is a real effort by the U.S. Gov- deal with afterschool programs for mittee staff and under the leadership of ernment to reform its own education children K through 12. Senator FRIST, looked at a whole myr- commitment to our States. We are all This is not a new idea and it is not iad of U.S. Federal programs to see just saying we want the States to reform, the province of either particular politi- what we were doing and what we were we want them to be more accountable. cal party. There has been a tremendous not doing. And so, Mr. President, I Well, when the bill comes up this year amount of effort through the 21st Cen- want to inform you that your concern on primary and secondary education, it tury Community Learning Centers when you were Governor of Ohio of all is my hope that we will not do more of Program across some 46 States today the bureaucracy and paperwork and the same. It is my hope that we will se- that have afterschool programs of one missing the target by Federal pro- riously consider a total reform of those kind or another, in 800 different grams, if you wondered why, this is programs, because if we are asking the schools, involving some 190,000 stu- why. Our National Government has States to do better, it is pretty obvious dents. This amendment would create funded over 86 teacher training pro- that we can do better also. As a matter the kind of partnership that would not grams in 9 agencies and offices; 127 at- of fact, I believe it is borderline these involve Federal bureaucracy or Federal risk and delinquent youth programs in days as to just how much the Federal micromanagement, but would provide 15 agencies and offices; and over 90 Government’s assistance is really rais- some additional resources for our childhood programs in 11 Federal agen- ing the education level of our children. States and our schools to expand after- cies and 20 offices. I repeat, if I had my way, and we school efforts to 1.1 million additional Now, it is quite obvious that the U.S. could focus it into the right channels, students in the United States. Government, our committees, and our I would be for more Federal aid to edu- Our school budgets are strapped. Secretary, are not the know-all and cation, not less. But I guarantee you, Property taxes that fund school dis- end-all of good education occurring in with the myriad of programs, as I have tricts in many of our States are al- Ohio, New Mexico, Arizona or Massa- described them, spread throughout ready too high. chusetts. How could we be the end-all Government with no accountability, It is apparent to anyone who has had and the know-all when, essentially, we one program to another, I would not be any discussions with school leaders and contribute less than 7 percent of the for spending more money to feed that community leaders and child advocacy funding? Now, it almost makes us, kind of educational assistance when I leaders that they simply cannot go it standing on the floor speaking so elo- have very serious doubts as to whether alone, that this kind of effort requires quently about what the Federal Gov- it has contributed significantly to a new form of partnership. ernment is doing with its money on helping our young people. Not least of all, one of the great education, to some extent, borderline I yield the floor. gains that we have already seen dem- unreasonable in terms of credibility, Mr. JOHNSON addressed the Chair. onstrated by effective afterschool pro- because how can you change this big The PRESIDING OFFICER. Who grams in this country has been a sig- education system—and I am going to yields time? nificant reduction in juvenile crime. At estimate that we are spending $427 bil- Mr. GREGG. Mr. President, the Sen- a time when we see crime rates going lion a year on kindergarten through 12 ator from South Dakota was here be- down nationally but yet crime rates in all our sovereign States and all the fore I was. Does he wish to have time among children, among young juve- school districts. You tell me how that on the Democratic side? niles, in too many instances going up, $200 million or $300 million targeted in Mr. DOMENICI. Mr. President, we there is a need for an additional strat- some way—Mr. President, a former were rotating. I will take the privilege egy, an additional partnership to ad- Governor, tell me how that $200 million of saying that Senator KENNEDY would dress that crisis. or so spread across this land can have yield to Senator JOHNSON. Every study we have presented to the a real impact on a system that is as di- The PRESIDING OFFICER. The Sen- Senate indicates that most juvenile verse as America and into which we are ator from South Dakota is recognized. crime occurs between 3 o’clock in the spending $417 billion and we can’t get Mr. JOHNSON. Mr. President, I will afternoon and dinnertime. That is the job done. It can’t be that the mil- be brief. when experimentation with drugs, with lion dollars is going to help. It is only I ask unanimous consent that Susan alcohol, with sexual activity, and with that we make it appear as if it is going Hansen of my staff be permitted to be gang participation most often occur, it to help. We invent the amendments and on the floor. is when it is initiated, and it is the March 11, 1999 CONGRESSIONAL RECORD — SENATE S2547 time when we most need this kind of So, again, if we can come up with Those proposals, which are being put partnership not just with our schools this amendment to authorize adequate forward—whether it is the 100,000 but with other community organiza- funding for an afterschool program, we teachers, the afterschool program, the tions and civic organizations to provide will, make a long stride forward not school building program—are all fun- alternative kinds of activities for only to anticrime strategy but a pro- damentally inconsistent with the un- young people. education strategy and one that both derlying purpose of this bill, which is The studies have already shown that political parties can rally around. I to free up the local communities from to the degree we have these effective think it compliments our Ed-Flex leg- the burden of Federal regulation. programs in place, they have cut juve- islation. It compliments everything More significantly than that, every nile crime by anywhere from 40 to 70 else that we are doing here on the floor one of those proposals suggests as its percent. That is why we have such today. funding mechanism taking money from broad-based support from national law I want to again applaud Senator the special education accounts, money enforcement and police groups across BOXER, Senator KENNEDY, and others that is due the special education chil- this country. And it is why we can who have worked hard to promote this dren of this Nation under the law that make a contrast between the modest afterschool amendment and the under- was already passed by this Congress— expenditure required to significantly lying Ed-Flex legislation as well. taking that money and using it for a increase these afterschool programs Mr. President, how much time re- brand new Federal program instead of and the alternative cost of incarcer- mains on each side? putting it where it is supposed to be, ation. The cost of keeping a young per- The PRESIDING OFFICER. Six and which is with the special education son in a juvenile facility and ulti- one-half minutes on your side. child through 94–142. mately in a prison equates roughly to Mr. JOHNSON. I retain my time and Let’s review that issue for a second, the cost of sending them to Harvard for yield the floor. because it is so critical to this whole a year. For a much more modest ex- Mr. JEFFORDS addressed the Chair. debate. penditure, we can keep whole commu- The PRESIDING OFFICER. The Sen- We have put forward an amendment nities intact, have the kind of respon- ator from Vermont. on our side that says: Before you start sible adult supervision, and have the Mr. JEFFORDS. Mr. President, first a new program, before you create a new kind of focus in these young people’s I will yield 10 minutes to the Senator panoply of Federal regulations, let’s do lives that they so badly need. from New Hampshire. the job that we said we were going to I have been holding meetings all The PRESIDING OFFICER. The Sen- do for the special education kids in this across my home State of South Da- ator from New Hampshire is recognized kota, meeting with parents, with country; let’s pay, or begin to pay, a for 10 minutes. higher percentage of the cost of spe- teachers, with law enforcement offi- Mr. GREGG. Mr. President, I thank cials, with child care providers, and the cial-education education. the Senator from Vermont. I want to When the special education bill was need for expanding after school pro- congratulate the Senator from Ver- originally passed, the Federal Govern- grams is obvious. More and more fami- mont and the Senator from Tennessee, ment said it was going to pay 40 per- lies are working. Both spouses are in Senator FRIST, for having brought this cent of the cost. It dropped down to the workplace, neither of them at bill finally to a vote after what was home, because of the economic neces- where the Federal Government was considerable resistance from the other sity of having a two income household. only paying 6 percent of the cost 3 side and what amounted to essentially South Dakota has one of the highest years ago. And that difference, that 34 a blocking of this bill as initiative ratios of two-spouse incomes in the Na- percent, was having to be picked up by after initiative after initiative was tion. More and more single-parent the local taxpayers. The Federal share brought forward from the other side. households as well find themselves con- was having to be paid for by the local I think you have to look at the con- fronting the latchkey option with their taxpayer. So that skewed education at text of this bill in the context of those young people in the family. the local community. As a consequence of this very appar- amendments from the other side that So, if the local teacher needed some ent reality, South Dakota. Has struck were offered. The concept of this bill is assistance in their classroom, maybe a a bipartisan level of cooperation and to give local communities, local teach- teaching assistant, or, if a principal understanding about the need for these ers, local principals, and local school needed an addition onto the school, or programs. My Governor, Republican boards the ability to apply the Federal needed some new computers, they Governor William Janklow, has been funds and to be released from the bur- couldn’t buy those kinds of things, one of the more forceful advocates of den, the cost, and the interference of they couldn’t hire that new teacher. an expanded State-local partnership on Federal regulations. That is what Ed- Why? Because the Federal Government afterschool programs. I applaud his Flex is all about. wasn’t paying its fair share, its obli- leadership on the issue. He has secured Thus, it is with some irony and sig- gated share, of the cost of special edu- the services of Loila Hunking, the nificant inconsistency of the proposals cation. And the local community was state coordinator for child care serv- that we have seen thrown at this bill having to take local dollars to support ices and a long-time Democrat activist, from the other side do just the oppo- the Federal obligation for special edu- to head up his afterschool program. It site. They create new program initia- cation. has been a model in many ways and re- tives, almost all of which have been So what did the other side come for- flects what States in other parts of the subject to no hearings, no disclosure in ward and suggest? We are not going to country have been doing to bring both the sense of the congressional process, pay any more money to special edu- sides together to set aside political po- almost all of which create brand new, cation. We are not going to increase larization and, instead, to focus on federally mandated, programmatic ini- that money at all. This administration what in fact is in the best interest of tiatives which tell the local commu- set up a Federal budget. Instead of new our kids and our communities. nities, you must do this in order to get money for special education, it essen- But it is all too apparent—even these Federal dollars: You must do this tially flat-funded that program and though we have been building facilities in order to get these Federal dollars. took the money that was supposed to and afterschool program facilities that And the directive comes from here in go to special education and put it in all can be used for afterschool programs, Washington. It says that some group of these new programs they created. and day-care centers, even though we bureaucrats sitting in the Department What does the local school district do are scraping to find private funds to of Education, or at the White House, or now? They get hit twice: First, they match local school funds and State maybe just the leadership on the other get hit by the Federal Government, funds—that the resources simply are side of the aisle, is going to tell some which refuses to pay for the special not there, and all too often the commu- school district in New Hampshire, or education children to the tune of the 40 nities where the need is the greatest Vermont, or Missouri, or wherever, percent they are supposed to. Then, are the communities that have the how to manage their day-to-day activ- they get told, if you want to get the least financial capability of providing ity of managing the education of chil- dollars from the Federal Government, for these kinds of programs. dren. which is supposed to be coming to you S2548 CONGRESSIONAL RECORD — SENATE March 11, 1999 for special education, you have to fol- So this amendment, this underlying public school. We care about education. low one of these brand new, great ideas amendment, about which I have heard We have school boards all over Amer- that the President has held a press con- people on the other side get up and say, ica that care about education. I know ference on. You have to follow one of oh, I can’t support that because it pits one of the school board members in my these press conference initiatives, one group of students against another hometown of Mobile, AL, exceedingly whether it happens to be more teach- group of students, well, ladies and gen- well. His abilities and talents will ers, more classroom size, or more after- tlemen, the people who are pitting one match any Member of this body. He school programs. group of students against the other knows a lot more about the education So the local school district, in order group of students is the administration going on in his area than we know in to get this money, first loses it, and and the people who support these ad- this body. Who is to say what is the then it is told, ‘‘Oh, but we will give ministration initiatives, because what best way to expend money to improve you the money that we just took from they have done is to say we are going our children’s education? The thing you, but you are going to have to fol- to pit the special ed students, who we that counts is that magic moment in a low what we want you to do here in are supposed to be funding, against our classroom when learning occurs and Washington.’’ programs coming from Washington be- children are motivated and inspired to How arrogant can we get? At what cause we are going to take their money do better. point does the arrogance of this admin- and use it. I do not believe this Congress has the istration stop in the area of education? That is where the real conflict ability or has a proven track record of I do not believe that there is one per- comes. So we are going to give you an improvement. We now have a host of son in this administration who can opportunity. We are going to give you amendments. We have 788 Federal pro- name more than maybe one child at an opportunity to live up to the obliga- grams—788. We had an amendment of- Epping Elementary. I do not believe tions which the Federal Government fered yesterday that would mean the they have any idea what the child in put on the books back in 1976 and has 789th; it would create a dropout czar the Epping Elementary School needs refused to live up to. And we are going for America. for education. When that teacher in the to give the communities the option of I have been involved in local pro- Epping Elementary School walks into choosing whether they want a teacher, grams to deal with dropouts. Programs that classroom and that teacher knows a program directed from Washington, like that are happening all over Amer- every child at every desk and knows designed by Washington, told to them ica. It is not going to be solved by some what the child needs for education and how to operate by Washington, or Federal dropout czar. knows that they need more books or whether they want to free up their This legislation is precisely what we more computers or maybe they need local dollars by getting more special ed need. It needs to go out of here clean, another teaching assistant, it should dollars that the Federal Government not as an appropriation, big Govern- be that teacher who makes the decision was obligated to pay in the first place ment spending bill, but a bill that gives as to what is used to help that child’s and use those local dollars to either, flexibility to the schools. education. It should not be here in one, hire a teacher; two, buy books, The Presiding Officer was Governor. Washington that that decision is made. add new computers, add a new class- He knows how much benefit was gained And yet, that is exactly what these room, whatever they want to do with when welfare reform was accomplished proposals suggest: Don’t give the local it. That is the ultimate flexibility. and we gave flexibility to Governors. I school districts the flexibility to spend The choice is going to be pretty clear think it is time we give flexibility to their own money on special ed, to here today as to how you want to man- our State and local school systems to spend their own money on general edu- age education in this country. You can improve education. cation activities. Instead, force the vote for all these directives from Wash- I thank the chairman, the Senator local school districts to take up the ington, all these programs which are from Vermont, for his leadership. This Federal share of special education made for the creation of press con- is good legislation. It is time for us to costs and then tell the local school dis- ferences but give the local commu- pass it, and we can debate these issues tricts that because we want you to nities no flexibility and no opportunity about how further to help education have more teachers in order for you to to make their choices as to how they when the elementary and secondary get the money which was supposed to spend the money, or you can vote to education bill comes up, which the go to special ed, you have to apply and give the local communities true flexi- Senator will be leading later this take on this new Federal program. bility by funding an obligation that month. It is total hypocrisy. It is total arro- has been on the books since 1976 and I thank the Senator. gance. And yet, it is these proposals thus freeing up the dollars for the local Mr. GRAMS. Mr. President, today that are coming forward. Fortunately, community to either hire teachers, buy the Senate debates an important bill the people in this Congress, at least in books, add classrooms, or create after- designed to facilitate education admin- the Senate, are going to have a chance school programs. I opt for the side of istration and free more resources for to make a choice. They are going to giving local communities, teachers our students. The ‘‘Education Flexibil- have a chance today, because we are who know their kids, principals who ity Partnership Act of 1999’’ would ex- going to give them the option. We are know their schools, parents who know tend the ‘‘Education Flexibility Part- saying that the money last year which their children, the opportunity to nership Demonstration Program,’’ oth- was appropriated for the teachers’ pro- make decisions on dollars rather than erwise known as ‘‘Ed-Flex.’’ Ed-Flex al- gram, $1.2 billion, let’s free that money the Federal bureaucracy or even an lows eligible local school districts to up so that local school districts can American President. forgo Federal red tape that consumes make the choice: Do they want a new Mr. President, I yield the remainder precious education resources. In re- teacher or do they want the money to of my time back to the floor manager. turn, States must have sufficient ac- come to the special education ac- Mr. JEFFORDS. Mr. President, how countability measures in place and counts? much time do I have remaining? continue to make progress toward im- That is the simple choice that comes The PRESIDING OFFICER. The Sen- proving student education. States must on the Lott amendment which was ator has 9 minutes. also comply with certain core Federal drafted by the Senator from Vermont Mr. JEFFORDS. Mr. President, I principles, such as civil rights. The and myself and the Senator from Ten- yield 2 minutes to the Senator from concept of Ed-Flex is simple, yet the nessee, and it is really an excellent Alabama. benefits would be significant. In other idea. We will find out what the local Mr. SESSIONS. I thank the Chair. words, let’s put more money into edu- school districts need more. Do they I appreciate the work Senator JEF- cating our kids in the classroom rather want the dollars for special ed, or do FORDS has done. than lining the pockets of bureaucrats. they want the dollars for teachers? It Mr. President, I would like to share The Ed-Flex demonstration program is a perfectly reasonable proposal, and just a few thoughts. I have been in- is currently in place in 12 States. The it is flexibility in the tradition of Ed- volved in education with my children. I ‘‘Ed-Flex Act of 1999’’ would allow all Flex. have taught, my wife has taught in 50 States the option to participate in March 11, 1999 CONGRESSIONAL RECORD — SENATE S2549 the program. With good reason, the out tax penalty to pay for a variety of prove our education system, thereby program has been very popular. Unnec- education-related expenses for students ensuring that our children are provided essary, time-and-money-consuming in K–12, as well as college expenses. with the essential academic tools for Federal regulations are rightly de- This is a simple, straight-forward ini- succeeding professionally, economi- spised by school administrators. Did tiative for families and students. Com- cally and personally. you know that the Federal Govern- mon sense would have had us pass the The most exciting aspect of this bill ment provides only seven percent of Education Savings Accounts bill long is that it brings teaching back to our local school funding, but requires 50 ago. Unfortunately, tired, groundless classrooms and frees our schools from percent of all school paperwork? That attacks continue. The charge I hear excessive filing, correlating, faxing and is ridiculous. Again, let’s put money most frequently is that ‘‘education sav- shuffling of paper. It would allow into the classroom instead of bureauc- ings accounts and tax breaks for par- schools like Barbara Bush Elementary racy. ents would shift tax dollars away from School in Mesa, Arizona to focus on Ed-Flex is a step toward allowing public schools.’’ That is simply not the helping children learn essentials like more localized decisionmaking author- case. reading and using a computer. It would ity—the power to decide when the Fed- More education dollars under paren- allow Barbara Bush Elementary School eral regulations are more troublesome tal control would promote education to focus on teaching its students rather and expensive than they are worth. by encouraging parents to save, invest than wasting its valuable educational Today, there are simply too many reg- in, and support programs and materials resources for filing, typing, refiling, ulations which are despised by school that facilitate and provide the right and faxing paper to the bureaucrats in administrators. option for a child’s education. Washington, DC. Giving more decisionmaking author- We all want the best education avail- It is important to note that all states ity to States and local school districts able for our children, and to improve which obtain an Ed-Flex waiver must is good common sense. Naturally, those the state of American education and adhere to basic Federal principles, in- who are closest to our students are in schools for all children. It would be cluding the protection of civil rights, the best position to make the most ap- nice to think that we could solve the educational equity and academic ac- propriate and effective decisions con- problems of education by spending countability. cerning their education. One-size-fits- more and more money. Unfortunately, Like many Americans, I have grave all legislation may work well in other that doesn’t work. The United States is concerns about the current condition areas, but not in education. Some of the world leader in national spending of our nation’s education system. If a the most successful classrooms across per student. Yet our test scores show report card on our educational system our Nation vary tremendously in their that our system is failing our children. were sent home today, it would be full structure, functioning, and appearance. Test results released last year show of unsatisfactory and incomplete In my home State of Minnesota, for that American high school seniors marks. In fact, it would be full of ‘‘D’s’’ instance, we have very rural commu- score far below their peers from other and ‘‘F’s.’’ These abominable grades nities, urban communities, and every- countries in math and science. We are demonstrate our failure to meet the thing in between. We have got farm at rock bottom. It is going to take needs of our nation’s students in kin- kids, suburban kids, and city kids. And more time and effort to solve these dergarten through twelfth grade. all of these kids are students. And I problems—and the most important know this sort of rural-to-urban com- work will be done by those in the best Our failure is clearly visible through- munity-mix is typical for most States. position to do so: parents, teachers, out the educational system. One promi- How much sense does it make then, to and local administrators. We must give nent display of our nation’s failure is require local school districts and class- them the freedom they need to accom- seen in the results of the Third Inter- rooms—all with their own particular plish the job. This freedom comes with national Mathematics and Science strengths and weaknesses—to follow, the authority to make decisions based Study (TIMSS). Over forty countries in lock-step, the homogenized, uniform on a variety of specific needs. I will participated in the 1996 study which routine of Federal bureaucracy? Not continue to support measures like the tested science and mathematical abili- much. Ed-Flex legislation that return money ties of students in the fourth, eighth We have some opportunities before us and control—from Washington—to par- and twelfth grades. Tragically, our stu- to do something meaningful for our ents, teachers, and local school dis- dents scored lower than students in children’s education. A complementary tricts. After all, they know best how to other countries. According to this possible amendment to Ed-Flex which spend education dollars. study, our twelfth graders scored near promotes local decisionmaking power Mr. MCCAIN. Mr. President, I rise the bottom, placing 19th out of 21 na- is Senator GORTON’s block grant today to express my support for S. 280, tions in math and 16th in science, while amendment, as well as Senator HUTCH- the Education Flexibility Partnership scoring at the absolute bottom in phys- INSON’s Dollars to the Classroom Act. Act of 1999, which would free all fifty ics. Under these proposals, many federally states from many of the costly and Meanwhile, students in countries funded K–12 programs would be consoli- burdensome federal regulations which which are struggling economically, so- dated and the dollars sent directly to are imposed on them by the federal cially and politically, such as Russia, states or local school districts—free government. These unnecessary regula- outscored U.S. children in math and from the usual Washington red tape. tions prevent their schools from pro- scored far above them in advanced This helps to ensure that our education viding innovative and effective aca- math and physics. Clearly, we must dollars go to students, as opposed to demic opportunities for millions of make significant changes in our chil- bureaucrats. young Americans. I am proud to be an dren’s academic performance in order Similarly, Senator COVERDELL’s Edu- original cosponsor of this measure to remain a viable force in the world cation Savings Accounts and School which would expand the current Ed- economy. Excellence Act is an important step Flex program to all fifty states. We can also see our failure when we forward in restoring decisionmaking One of the most important issues fac- look at the Federal Government’s ef- authority to parents and families— ing our nation is the education of our forts to combat illiteracy. We spend where it is needed. The bill simply al- children. Providing a solid, quality over $8 billion a year on programs to lows families to save for their chil- education for each and every child in eradicate illiteracy across the country. dren’s education, without tax penalty. our nation is a critical component in Yet, we have not seen any significant It would expand the college education their quest for personal success and improvement in literacy in any seg- savings accounts established in the fulfillment. A solid education for our ment of our population. Today, more Taxpayer Relief Act of 1997 to include children also plays a pivotal role in the than 40 million Americans cannot read primary and secondary students. It success of our nation; economically, in- a menu, instructions, medicine labels would also increase the annual con- tellectually, civically and morally. We or a newspaper. And, tragically, four tribution limit from $500 to $2,000 per must strive to develop and implement out of ten children in third grade can- child. The money could be used with- initiatives which strengthen and im- not read. S2550 CONGRESSIONAL RECORD — SENATE March 11, 1999 Another clear sign of our failure is crease the academic knowledge and same opportunity to receive a good displayed by the inadequate prepara- skills of our nation’s students. Our education as those without a disabil- tion of many students when they exit children are our future, and if we ne- ity. I am hopeful that we in Congress the system. The number of college glect their educational needs, we will continue to build toward the forty- freshmen who require remedial courses threaten that future. percent funding commitment that was in reading, writing and mathematics I am gravely concerned that goal is established as part of the IDEA legisla- when they begin their higher education sometimes lost in the very spirited and tion. I believe, however, that reducing is unacceptably high. In fact, pres- often emotional debate on education class size and providing for the needs of ently, more than 30 percent of entering policies and responsibilities. Instead, disabled children are both worthy goals freshman need to enroll in one or more this should be a debate about how best that are not mutually exclusive, and I remedial courses when they start col- to ensure that young Americans will be am troubled that efforts to provide suf- lege. Equally dismal is a Wall Street able to compete globally in the future. ficient resources to achieve one of Journal report that two-thirds of job I believe the key to academic excel- those goals may have the effect of un- applicants for a division of the Ford lence is broadening educational oppor- dercutting the other. The notion of pit- Motor Company ‘‘fail a test in which tunities and providing families and ting these two worthy goals against they are asked to add fractions.’’ It communities both the responsibility one another to score partisan political does not bode well for our future econ- and the resources to choose the best points is embarrassing. Certainly, both omy if the majority of workers are not course for their students. can, and should, be accomplished. prepared with the basic skills to en- Ed-Flex is an important step in our While many important education gage in a competitive global market- journey to improve our nation’s edu- programs and new initiatives have been place. cation system and better prepare our discussed during the Senate’s debate of I am also disturbed by the dispropor- children so that each of them has much S. 280, I believe that the underlying tionate amount of federal education more than their individual dreams of legislation offers some benefits in the dollars which actually reach our stu- becoming an astronaut, fire fighter or form of flexibility. I do have concerns dents and schools. It is deplorable that pilot. The bill is an important step to- that there is little substantive per- the vast majority of federal education wards ensuring that our children not formance data on the impact of Ed- funds do not reach our school districts, only dream but have the capacity to Flex in the states now operating with schools and children. In 1995, the De- make their dreams a reality. This is it. I would have preferred to see some partment of Education spent $33 billion what education is all about—providing positive results on student achieve- for education and only 13.1 percent of an endless realm of possibilities ment levels prior to making this type that reached the local education agen- through knowledge. But it is just the of expansion. But I am hopeful that the cies. It is unacceptable that less than first of many steps which we need to education accountability built into 13 percent of the funds directly reached make to ensure that the best interests this legislation will hold states to a the individuals schools and their stu- of our children, our future are being re- higher standard and serve as an incen- dents. alized. I look forward to working with tive to all states seeking Ed-Flex sta- My home state of Arizona receives my colleagues as we continue this jour- tus. I am also somewhat comforted by approximately $420 million each year ney towards a strong and successful the fact that the bill contains a sunset in federal education funding. These educational system. provision, which will force the Con- funds account for seven percent of Ari- Mr. BYRD. Mr. President, I have long gress to revisit this issue, and, I hope, zona’s education budget, yet it takes been concerned about our nation’s edu- live up to its oversight responsibilities. almost half of the staff at the State cation system and the many problems Mr. President, it disturbs me greatly Department of Education to administer that individual classes across the coun- to witness the political divide in this the numerous rules and regulations try grapple with every day. When I re- body on such an important issue which which accompany the federal dollars. flect on my days in a two-room school- affects us all, whether it be our own This means that half of the Arizona house, I have fond memories of my child’s education, that of a grandchild, Department of Education staff is busy teachers and classmates, and, most im- or a neighbor’s child. We are all for working on Federal paperwork rather portantly, my learning experience. The education—it is the country’s number than developing improved curriculum, students were disciplined, my teachers one priority, and with many problems helping teachers with professional de- were serious about their work, classes to solve, it is time for us to work to- velopment skills and working to im- were small and well-kept, and students gether to make every child’s edu- prove the quality of education for Ari- thrived on learning for learning’s own cational experience a rewarding one. zona children. This is a sad com- sake. We did not have the kinds of Ms. SNOWE. Mr. President, during mentary on the current structure of problems so common in schools today. the consideration of S. 280, the Edu- our educational system. I do, however, recognize that with cation Flexibility (Ed-Flex) Partner- Much of the Federal Government’s each passing year, educating our na- ship Act of 1999, several new education involvement in education is highly bu- tion’s children becomes an even more proposals have been advanced by my reaucratic, overly regulatory, and ac- formidable challenge. I am pleased that colleagues on the other side of the tually impedes our children’s learning. we were able to address a few of the aisle. In particular, an issue that has Clearly, we need to be more innovative many concerns facing parents, stu- received prominent attention is an in our approach to educating our chil- dents, and educators as part of the Sen- amendment that would authorize fed- dren. We need to focus on providing ate’s debate on this bill, S. 280, the eral monies for the hiring of 100,000 parents, teachers, and local commu- Education Flexibility Partnership Act new teachers. nities with the flexibility, freedom, of 1999. With classrooms bursting at Like my colleagues, I am strongly and, yes, the financial support to ad- their seams with students, there is a committed to improving K–12 edu- dress the unique educational needs of definite need for smaller class size. cation and ensuring that the unique their children and the children in their Students do better when they have the needs of our nation’s schools are ad- communities. This is precisely what individual attention of a teacher. dressed. While the federal government the Ed-Flex program does. It removes Moreover, I believe that this kind of provides only a fraction of our nation’s the obstacles for innovative, produc- environment provides teachers and stu- total K–12 education spending, the tive and successful educational initia- dents with a setting truly conducive to amount that it does provide is critical tives in our classrooms and frees our quality instruction. We, as a nation, to ensuring that our nation’s children schools from the choking grip of fed- need to do more in this regard. receive the quality education that they eral bureaucrats. But, Mr. President, there are also need and deserve. Mr. President, it is absolutely cru- other pressing education priorities for Mr. President, as I look at the var- cial, as we debate this and other pro- states, including funding for the Indi- ious challenges and issues facing our posals to reform our educational sys- viduals with Disabilities Education Act nation’s schools, it is clear that every tem, that we not lose sight of the fact (IDEA), which remains underfunded to state and every community has dif- that our paramount goal must be to in- date. Disabled children deserve the ferent needs, even if some of these March 11, 1999 CONGRESSIONAL RECORD — SENATE S2551 needs are fairly pervasive. While one cost of educating the disabled because passed a new initiative to hire 100,000 community may feel that its greatest of the substantial budgetary impact it teachers to reduce class size in the need is the hiring of more teachers, an- is having on their communities. early grades. We approved this program other may feel that buying new text- And during the recent gathering of on a bipartisan basis, recognizing that books or purchasing computers for the the National Governors Association research has shown that smaller class- classroom may be the most pressing (NGA), the Governor of Maine, Angus es give teachers more time to spend need. King, interrupted President Clinton with individual students and improves Over the years, various federal edu- during his presentation on education student achievement. cation programs have been created to issues to hammer home the need for School districts in Wisconsin are al- assist state and local governments in special education funding. As quoted in ready putting together their budgets addressing their disparate needs, in- a March 1, 1999, article in the Portland and planning to use this Federal money cluding programs that are designed to Press Herald, Governor King ‘‘raised to hire teachers. They are looking to address issues that demand national his hand and interrupted’’ the Presi- Congress to send them assurances that oversight. For instance, more than 20 dent saying: the teachers they hire today will re- years ago, the federal government ap- Mr. President, I’m bringing you a report ceive Federal support over the next six propriately demanded that individuals from Franklin, Maine, and a lot of other years. I am extremely disappointed with disabilities receive a quality edu- places in Maine. What I’m telling you is that that the Senate failed to adopt Senator cation, and the Individuals with Dis- if you want to do something for schools in MURRAY’s class size amendment, which abilities Education Act (IDEA) was en- Maine, then fund special education and we would authorized the program for six acted accordingly. can hire our own teachers and build our own years and given our school districts schools. Unfortunately, even as the federal that assurance. I am hopeful that we government appropriately mandated Mr. President, I don’t believe the can still address this important issue that disabled children be educated at thoughts and comments by the Gov- later this year. the local level, it has continued to fall ernor of Maine are unique to our state. In addition to the Senate’s failure to woefully short in fulfilling its promised This is a national problem that re- authorize the class size initiative, I am commitment to cover 40 percent of the quires federal action. Paying ‘‘lip-serv- also concerned that the bill, as amend- associated cost. In fact, as several of ice’’ to this funding commitment is no ed, pits students with special needs my colleagues have emphasized, the longer enough. We cannot simply brush against other students in fighting for federal government only funds approxi- off the comments of governors and education funding. This is inexcus- mately 10 percent of the cost today— local leaders by expressing support for able—and unnecessary. and that paltry percent has only been the full-funding of education for the I agree that the Federal government achieved through Republican-led ef- disabled and not achieving it—rather, must live up to its obligation to pay forts over the past three years to in- it’s time to actually deliver on the for 40% of the costs of special edu- crease funding for IDEA by 85 percent! promise made more than 20 years ago. cation. It is a responsibility we have As a result of the ongoing federal For this reason, I believe Congress failed to meet for far too long, and I shortfall, state and local governments should ensure that the federal share of will continue to fight for full funding are not only forced to cover the 60 per- education for the disabled is fully-fund- of special education. However, I believe cent share that was agreed to—but ed before new programs are created. it is time that we make education of they also pick-up the missing 30 per- Not only will this ensure that a long- all our children—including those with cent federal share. standing federal promise will finally be special needs—our top priority. There Mr. President, this broken promise met, but it will also ensure that dis- is no reason why we cannot fully fund on the part of the federal government tinct local needs—which may include all of our educational needs in this must not continue. Not only does it the hiring of new teachers—can be country. We should fully fund special represent a failure on the part of the readily addressed. education, and we should fully fund federal government to meet an impor- During the upcoming reauthorization class size, and after-school programs, tant obligation to our nation’s disabled of the Elementary and Secondary Edu- and school construction. We can do all children, but it also forces states and cation (ESEA) Act, there will be count- of these things—and we should not pit communities to divert their scarce re- less opportunities to reform and im- any of these vital programs against one sources for this unfunded mandate—re- prove federal education programs that another as some have tried to do here sources that could otherwise be used to are intended to address distinct needs. today. address a wide variety of local needs, But the time to create truly new fed- I am extremely concerned about the including the hiring of new teachers. eral education programs—and to de- amendments that were added to this To demonstrate the impact of this vote federal resources to these new pro- bill today. Although I recognize that unfunded mandate, consider that in my posals—should not occur until we have school districts need additional re- home state of Maine, the federal gov- met our outstanding federal obligation sources for special education, I believe ernment currently provides approxi- to disabled children and to the states these amendments wrongly force them mately $20 million for the education of and communities that educate them. to choose between special education the disabled, while the state and local Mr. President, the time to fully-fund and hiring teachers—another essential governments are forced to shoulder the federal share of education for the need they face. We should not force more than $200 million of the cost. disabled is now. I urge that my col- them to make this choice—we should Therefore, if the federal government leagues vote to ensure that any new K– provide enough funding to fill both were to fulfill its 40 percent commit- 12 education monies be used to meet needs. ment, an additional $60 million would this commitment, and to finally fulfill Although I am deeply troubled about flow to the state. a federal promise made to state and these amendments, I will vote for final That’s $60 million now spent by local governments more than 20 years passage of the bill because I believe in Maine’s state and local governments to ago. the original intent of providing more cover a federal commitment—$60 mil- Mr. KOHL. Mr. President, I rise flexibility to States and local school lion that would otherwise be freed-up today to express my intention to vote districts. I am voting for it now be- to address distinct and pressing local for final passage of the Education cause I think we need to move this bill needs. Sixty million dollars. Flexibility Act. Although this bill is forward. However, I strongly believe Needless to say, this shortfall has not far from perfect, I support the underly- these amendments should be dropped in been overlooked by officials at the ing principle of flexibility in education, conference. If this bill comes back from state or local level. During a recent and believe we should move this bill the Conference Committee with these meeting with representatives of the forward. amendments still included, I will be Maine Municipal Association, local of- Despite my support for giving local forced to oppose the bill. ficials emphasized to me the need for school districts more flexibility in im- Mr. President, I still hold out hope the federal government to fulfill its proving education, I have serious con- that these problems can be worked out commitment to fund 40 percent of the cerns about this bill. Last year, we in conference, and that we can move S2552 CONGRESSIONAL RECORD — SENATE March 11, 1999 this bill, which was originally a bipar- send more money back to the states Human Resources Committee’s consid- tisan bill, forward expeditiously. and local schools with no strings at- eration, where it failed on a tie vote. It Mr. DEWINE. Mr. President, I rise tached. was my intention to offer it on the today in strong support of S. 280, the Remember: The Federal Government floor on this bill. However, I am Education Flexibility Act. This legisla- provides only 6 percent of local school pleased instead to be on the floor with tion will give greater responsibility, funding, but demands 50 percent of the my colleague from Alabama, Senator flexibility, and control to local schools. paperwork that burdens local teachers SESSIONS, to discuss our common inter- That’s where the students, parents, and and administrators. That burden de- est in assisting communities address teachers are. That’s where the edu- mands nearly 49 million hours each this real and serious problem and ex- cation happens. year—or the equivalent of 25,000 school press our intent to offer legislation That’s where the control ought to be. employees working full time—on pa- similar to the bill I offered last year I have been fighting for our teachers perwork, not kids. There are over 700 soon. We will also be working with and local school administrators for separate federal education programs Senator BINGAMAN who offered similar many years, and I think one of the spread across 40 separate federal bu- legislation last Congress and Senator most important things we can do for reaucracies. COLLINS who supported my amendment them is liberate them from Federal red Mr. President, I am concerned about in Committee last year. tape—so they can do what they do best: the quality of our children’s education. Senator SESSIONS, a new member to Teach our kids. The Third International Math and the Committee on Health, Education, In offering this bill, our distinguished Science Study recently reported that Labor, and Pensions and the Chairman colleague from Tennessee, Senator out of 21 countries, the U.S. ranked of the Judiciary Committee’s Sub- FRIST, is striking a blow for freedom in 19th in math and 16th in science, barely committee on Youth Violence, believes American education. ahead of South Africa. Verbal and com- as I do that truancy is a gateway of- This bill would expand an existing bined SAT scores are lower today than fense, and that this legislation would pilot program to all eligible states. It they were in 1970. Businesses spend present us with an opportunity to is a good deal for the states—in this more than $30 billion annually in re- catch good kids before it is too late. bill we offer to free the states from the training employees who cannot read The Senator from Alabama has worked burden of unnecessary, time-consuming proficiently. Nearly 30 percent of col- hard for the duration of his career on Federal regulations. In return, all lege freshmen need remedial classes. finding solutions to difficult issues states have to do is comply with cer- Mr. President, these are disturbing such as truancy. I believe this legisla- tain core principles, such as civil statistics. As we move forward to im- tion will truly make a difference in the rights, and establish a system of ac- prove our children’s education, I urge lives of many children and, at the same countability. The bill also would re- my colleagues to remember that the time, prevent juvenile crime. I also be- quire states to have a system of most important education tool in any lieve that our working together will waiving their own regulations. classroom is a qualified, highly trained produce strong, solid legislation that My own home state of Ohio has been teacher. After parents and families, we should all be able to support. one of the pilot programs and has pro- America’s teachers play the most im- Mr. SESSIONS. Mr. President, I am vided over 200 waivers for local schools. portant role in helping our children re- pleased to be working with the Senator For example, the Eisenhower teacher alize their potential. Our current from Connecticut on truancy legisla- training program only supported math teachers are doing a good job—indeed, tion. I am struck by the alignment of and science training. Using ed-flex, a great job—given the resources they our interests here. I believe this is a Ohio waived this requirement—and have to work with. Clearly, it’s time to national problem and one that deserves today schools can use this program for change the way we allocate resources. federal attention. I am pleased that training teachers in other subjects It’s time that today’s teachers get Senator DODD and I have been able to such as reading and social studies. more support and training and less pa- work out an agreement here that The Ohio Department of Education, perwork from the federal government. avoids an amendment to the Ed Flex in its annual report to the Secretary of I want to thank the sponsor of the bill on this subject, which would be a Education, reached the following con- Ed-Flex legislation, Senator FRIST, for concern for me and a number of my clusion, and I quote: ‘‘The greatest his work with all members to improve colleagues who very much want to be benefit to having Ed-Flex authority is this bill. The manager’s amendment supportive in this effort to address tru- that it, combined with the ability to that we accepted last week addresses ancy. I look forward to working with waive State rules and statutes, estab- many of the concerns that have been the Senator to bring forward a strong lishes a school-planning environment raised about this legislation. Without bill from my committee to support ef- unencumbered by real or perceived reg- going into the details of the amend- forts to assist local governments in ulatory barriers. This environment en- ment, I would simply point out that it their efforts to reduce truancy. courages creativity, thoughtful plan- will strengthen accountability meas- AFTERSCHOOL CARE ning, and innovation.’’ ures currently in the bill, require Mr. DODD. Mr. President, I’d like to Mr. President, that’s as true every- states to coordinate their Ed-Flex ap- thank my colleague from Vermont for where else in America as it is in Ohio. plications with state comprehensive his cooperation in working out an And that’s why this Ed-Flex bill has plans, emphasize school and student agreement to address the need for such strong bipartisan support. performance as an objective of Ed-Flex afterschool programs as part of the But I should note that while Ed-Flex and add additional provisions for public Health and Education Committee’s re- is an important step forward, it is just notice and comment regarding Ed-Flex authorization of the Elementary and a single step. We need to do more. Over proposals. Secondary Education Act later this the next year, the Health, Education, Ultimately, our children’s success in year. Labor, and Pensions Committee, on education depends on the support they As my colleagues know, I was plan- which I serve, will be working on the receive at home and in the classroom. ning to offer an amendment to the Elementary and Secondary Education Our focus in Washington should be to Education Flexibility Act, that I of- Act of 1999—which will deal with al- take every opportunity to empower fered when this bill was in committee, most all of the federal programs that parents and then free local schools to increase funding for programs serv- impact K–12 grade education. When the from regulations that prevent improve- ing children during out-of-school hours Elementary and Secondary Education ments and innovations in local schools. through the Child Care and Develop- Act was passed in 1965, it was 30 pages Mr. President, that’s why I strongly ment Block Grant and the 21st Century long, today it is more than 300 pages support this bill. Community Learning Centers Pro- long. As a member of that committee, PREVENTION OF TRUANCY ACT gram. I will be looking to empower parents, Mr. DODD. In the 105th Congress, I I know that my colleague from Ver- support local control, promote effec- offered my legislation, the Prevention mont shares my strong interest in en- tive teacher training programs, recog- of Truancy Act, as an amendment to suring that children have safe alter- nize and reward excellent teachers, and the Ed-Flex bill during the Labor and natives during the hours they are not March 11, 1999 CONGRESSIONAL RECORD — SENATE S2553 in school. He has been a leader for schools in return for high standards cerns of our nation’s school districts. years on this specific issue as well as a and accountability. In 1996, Congress While Ed-Flex will not on its own solve tireless advocate for many other criti- expanded the Ed-Flex Program in the our education problems, it can spur our cal concerns of American families. Omnibus Appropriations Act to include States and schools to creatively ap- Mr. JEFFORDS. This is a very im- six more states. While this waiver au- proach old problems in a new way. As a portant issue for me, but not nearly as thority may seem broad, Ed-Flex former Governor, I know first-hand important as it is to the parents of the States may only grant waivers for se- how easing strict Federal requirements nearly 24 million school-age children lected Federal programs. Most impor- can help states achieve positive re- who need care while their parents tantly, these states may not waive sults. Any school teacher will tell you work. The issue of how best to meet Federal requirements relating to that there is no one lesson plan from the needs of school-aged children and health, safety, civil rights, parental in- which to educate all of our nation’s youth will be addressed—not just in volvement, allocation of funds, partici- students. Just as each child is unique the context of one program, like the pation by pupils attending private in his or her capacity to learn and 21st Century Community Learning schools, and fiscal accountability. grow, so too our are nation’s school Centers Act, but within the framework With over 14,000 school districts in districts unique. No matter how well- of a comprehensive, cohesive review of this nation, there cannot be one edu- intentioned, the Federal Government Federal public education policy. cation reform plan that fits every com- cannot continue down the path of a munity. Ed-Flex allows states and Mr. DODD. Out of consideration for one-size fits all educational system for local education agencies to commit to the Senator’s interest in moving this our nation’s children. Education is now common goals and purposes and yet al- bill forward expeditiously, I have and will continue to be the primary re- lows them to choose the best path to agreed to withdraw my amendment. I sponsibility of local communities and achieve these results. Ed-Flex is not a am pleased that Senator JEFFORDS has cure-all for education reform. It is just states. Educators, community leaders, agreed instead to take up this issue as a common-sense, practical tool that al- and parents are the best judges of what part of ESEA and to hold comprehen- lows local school districts and schools is good education policy for their sive hearings on the issue of after- to get back to the business of educat- schools. Each community has different school care this year. ing our youth and away from the busi- needs and by expanding the Ed-Flex I am particularly pleased that Sen- ness of filling out forms. Program, we can allow them to partner ator FRIST shares our concern about Most waivers granted under Ed-Flex with the Federal Government to the documented rise in juvenile crime have dealt primarily with the use of achieve some truly outstanding re- that we see in the hours immediately Title I funds on a school-wide basis and sults. after school. I also appreciate his the allocation of Eisenhower Profes- For example, a Maryland school dis- pledge to work with us to increase sup- sional Development Funds for teaching trict was able to identify a trend in port for afterschool programs. disciplines other than math and math and science performance of mid- Mr. JEFFORDS. I want to thank science. These are common sense dle school students who came from two Senator DODD for helping us move the changes that have allowed local school elementary schools. After looking at educational flexibility legislation districts and schools to use Federal the assessment results and the demo- along. I want to assure him and my dollars in a smart and efficient man- graphic make-up of the student popu- Senate colleagues that the withdrawal ner. Ed-Flex has also encouraged sev- lation, they were able to use the waiver of Senator DODD’s amendment does not eral states to streamline their own reg- authority to implement comprehensive signal the end of the Senate debate on ulations and statutes, thus providing planning and greater resource coordi- school-aged child care, but the begin- their schools with better guidance and nation. The result has been improved ning of our work. clarity on state requirements. reading and math instruction for this Senator DODD has been a leader on Some of the requirements of Federal school district’s elementary and mid- child care and other youth issues for programs have produced nonsensical dle school students. his entire congressional career. He has results. For instance, in my home state continually worked to craft effective Our nation’s schools will face many of Indiana, the town of Elwood oper- challenges in the next century. Dilapi- legislation that will help children and ates two separate elementary schools. their families, and I appreciate his dated school buildings, overcrowding in One of these schools meets the 50 per- the classrooms, and a shortage of tireless efforts. cent threshold for Title I so it can im- By working together, I have little qualified teachers will place great de- plement Title I programs school-wide. mands on our country’s educational doubt that we can greatly improve the However, the other school just misses Federal Government’s response to the systems. While Ed-Flex alone will not this threshold and must restrict Title I solve all of these problems it can ease needs of school-aged children and their resources to only Title I students. That families. the burdens placed on our educators so particular elementary school in they can rise to meet the challenges of Mr. BAYH. Mr. President, I rise Elwood, Indiana would be cited by the today as an original cosponsor of the the future. I am pleased to vote in State Board of Accounts if they were favor of final passage of the Education Education Flexibility Partnership Act to allow non-Title I students the use of of 1999. I am pleased to join with a bi- Flexibility Partnership Act which ex- their computer lab which was paid for pands this successful program so that partisan group that includes thirty- with Title I funding. These Federal re- all states, not just twelve, have the op- three of my colleagues and almost all quirements have not only produced two portunity to waive Federal require- of the nation’s governors, to ensure systems of elementary education for ments that present an obstacle to inno- that all states have the flexibility to this town, but has created confusion vation in their schools. encourage education reforms of the over what sort of educational programs highest standards in our schools. This can be implemented. This kind of strict I thank Senators FRIST and WYDEN legislation enjoys the support of the regulation is not only absurd, but for re-introducing this effective tool of National Education Association, the counterproductive to school reform. As reform. I believe this bipartisan ap- National School Board Association, the long as Title I students are being tar- proach is a step in the right direction National Conference of State Legisla- geted for additional assistance, there is towards helping our nation’s schools tures, and the National Governors’ As- no reason a school should be prohibited achieve positive results. sociation. from sharing its resources with all of Mr. THOMPSON. Mr. President, I As many of my colleagues know, the its students. In twelve states, Ed-Flex rise today to express my support for Ed-Flex Program was established in has allowed local education agencies the Education Flexibility Partnership 1994 under the Goals 2000 Program. It and schools to operate Title I programs Act of 1999, better known as Ed-Flex. originally authorized 6 states to par- on a school-wide basis thus equalizing This bill will help to restore the proper ticipate in a demonstration program the standard of learning for all stu- respect for the ability of states and that would allow States the ability to dents. local communities to educate our chil- waive certain Federal regulations and Some have raised the issue that Ed- dren. I applaud the work done by my statutes for local school districts and Flex does not address the major con- colleagues, BILL FRIST and RON WYDEN, S2554 CONGRESSIONAL RECORD — SENATE March 11, 1999 and I am pleased to join them as a co- other unfunded mandate down from this program, New Mexico is slated to sponsor of this bill. Ed-Flex is a com- Washington, it provides our states with receive $9.6 million in FY99, which mon sense, bipartisan, cost-effective what governors from both parties would allow schools around the state approach that empowers states and asked us for when they came to Wash- to hire more than 250 teachers. local communities to put their focus ington last week—flexibility. There is no reason that the Senate where it belongs—on educating our I urge my colleagues to join me in cannot support this program as well as children, not on complying with federal supporting this important legislation. increased funding for IDEA. In fact it mandates. Mr. BINGAMAN. Mr. President, I rise would have been preferable to have ex- The principle of federalism is vital to in support of final passage of S. 280, the tended the authorization for the class our democracy. This principle holds Education Flexibility Partnership Act size reduction program so that these that the Federal Governmental has of 1999 and would like to take a brief efforts could continue into the future. I limited powers and that government moment to describe my reasons for am concerned that, by merging two closest to the people—states and local supporting this legislation. Despite se- viable streams of funding into what is communities—is best positioned to rious concerns about the amendments in effect just one source, the overall serve the people. Our Founding Fathers that will be offered here on the floor amount of funds awarded for education had serious concerns about the tend- today, I am voting for this legislation may not increase as much as is needed. ency of our government to centralize as a strong supporter of both increased Because of these concerns I voted power and to encroach on a state’s federal flexibility and additional fed- against several amendments to S. 280 ability to improve the lives of its citi- eral funding for special education. that would make schools decide be- zens. First and foremost, I am in favor of tween the special needs of disabled stu- This federal encroachment has been making federal education programs as dents and the clear imperative to lower particularly pronounced in the area of flexible as possible. Over the years, re- class size in the early grades. Ideally, education. The U.S. Constitution as- quirements and regulations in many there would be two strong programs signs Washington no responsibility at areas have crossed the line from re- that would both receive the funding all for education. Indeed, for its first sponsible monitoring to redundant pa- they deserve. two centuries, America’s Federal Gov- perwork. Much has been done in recent I am also concerned that the Senate ernment understood that the 10th years to lessen administrative burdens version of this legislation may not amendment left responsibility for edu- and eliminate federal regulation. How- have sufficient accountability meas- cation to the states. America’s edu- ever, I strongly believe that federal ures to go along with the expanded cation system works best when par- education programs need to go farther flexibility that is in the Ed-Flex bill. ents, teachers, and local school offi- in to set clear goals and then provide The taxpayers expect us to account for cials, who know our students best, as much flexibility as possible to local the roughly $15 billion per year that is make the decisions about where a policymakers, as well as principals and sent to local schools, and in my view school spends its money. But as federal classroom teachers. there should be stronger measures of involvement in education increased To that end, this bill will allow performance and review in the final since the 1960’s, Washington began to schools in all 50 states to apply for conference report. Finally, it is extremely unfortunate regulate how our schools spend their waivers from a set of state and federal that this version of the bill does not funds. Even after all these new regula- education laws. I voted for expanding create the national dropout prevention tions, America’s dropout rates are near Ed-Flex in 1998, and I am proud to have program that I had offered as an 40 percent in many urban areas, three- supported creation of the demonstra- amendment. This amendment, which fourths of all 4th graders in high-pov- tion program that gave New Mexico passed last year by 74 to 26, would ad- erty communities cannot read at a this flexibility three years ago. dress the fact that 500,000 students drop basic level, and our most disadvan- I am also supporting this bill because out of school each year. There is no taged communities remain in need of I am a strong advocate of increased funded program to help lower dropout real education reform. funding for special education. Special rates. And yet students in too many Americans understand that Washing- education provides specialized services schools have just a 50–50 chance of ton can’t possibly know what is best to students that can require significant graduating. Those that don’t will earn for a particular student in Memphis or additional costs to schools and local less, be more likely to need public sup- in Los Angeles or in Miami. Patrick school districts. These services are es- port, and more likely to get involved in Jacob of Germantown, TN, wrote to me sential to these students, and the fed- crime. That affects all of us, not just earlier this month to remind me that eral government should do its part to the individual students. when the Federal Government tells our support these efforts. It is my hope that some of these con- schools how to spend their money, it During the past 3 years, I have cerns can be addressed during the con- reduces the community’s ability to worked with my colleagues in the Sen- ference between the House and Senate. take responsibility for educating our ate to help increase funding for the In- The PRESIDING OFFICER. Who children. dividuals with Disabilities Education yields time? The Senator from Massa- There are real solutions in education Act by billions of dollars. My goal, as chusetts. and they are coming from states from stated in the IDEA statute, is that the Mr. KENNEDY. Mr. President, how Texas to North Carolina and Arizona federal government meet its commit- much time do I have. and from cities from Milwaukee to New ment to IDEA funding by providing 40 The PRESIDING OFFICER. The Sen- York. However, federal regulations percent of the costs of educating spe- ator has 6 minutes 24 seconds. often prohibit states from expanding cial education students. And this bill Mr. KENNEDY. I yield myself 6 min- these reforms. Ed-Flex will give state sends a strong signal that additional utes, Mr. President. and local school officials greater free- funding in FY2000 and beyond is re- Mr. President, in the last 3 or 4 dom from burdensome requirements of quired for IDEA grants to states. weeks, we have heard our majority federal education statutes or regula- For these reasons, I am voting in leader on three different occasions in- tions that impede local efforts to im- favor of final passage. However, I will dicate that the most important issue prove education. For example, if the carefully watch the final legislation we are going to address in the early parents, teachers and leaders of a par- that is produced by the conference part of this session was education. Over ticular school district decide that addi- committee on S. 280 before deciding the period of the last 6 days, we have tional money is needed for reading in- how to cast my final vote before this tried to debate a number of the ideas struction, that school district should bill is sent to the President. that we have on this side of the aisle, not be precluded from shifting its re- For example, in my view it is unfor- and certainly there ought to be the op- sources to achieve that goal. Ed-Flex tunate that the final version of this portunity to debate amendments from will free our schools to make more of legislation could have the unintended the other side of the aisle as well. these critical choices for themselves. and unnecessary effect of diverting We have tried to do that, but have Ed-Flex costs American taxpayers funding from the new class size reduc- been effectively closed out from that nothing. And instead of sending an- tion program started last year. Under opportunity. March 11, 1999 CONGRESSIONAL RECORD — SENATE S2555 I would like at this time, to read a about our nation’s children. We, on tors, of our principals—all who are statement by Senator PATTY MURRAY, this side, do not yield that there is working hard every day to educate our who, because of a death in the family, anyone who is more concerned about children. You look around at the suc- will be unable to be here to make this those needy children in our local com- cess of Ed-Flex, whether it is just representation in the final few minutes munities. The fact of the matter is around the corner in Phelps Luck of consideration before we go into a se- that his battle is not with us—it is School in Maryland where waiver au- ries of votes—the most important with the Republican leadership that thority was granted to reduce class being the time-sensitive issue of small- supported this program 5 months ago. size, or in Kansas where Ed-Flex has er classes for grades K through 3. This Special ed educators all over this made it possible to implement all-day is what Senator MURRAY says: country are supporting the Murray kindergarten, or in many of the States Mr. President, I want to express how deep- amendment. Why? Because they think that have access to Ed-Flex now to re- ly disappointed I am. The Senate had a tre- you can serve special needs children in duce paperwork. After today, coupled mendous opportunity to work together to many different ways, not just in tar- with the passage in the House of Rep- make a tangible difference in our children’s geting money for a particular funding resentatives just a few hours ago, and lives and their futures. But instead, Repub- program, but in smaller classes. We put ultimately to be signed by the Presi- licans have chosen the path of partisanship that in the record. So we reject this dent, we can give these opportunities and division. Last October, the Senate reached a biparti- idea that we are pitting one group of to all States, to all children, to all san agreement to reduce class size and im- children against another, which effec- schools in this country. prove teacher quality. Republicans and tively is what the Republican amend- I am proud to have been an original Democrats worked together to reach a com- ments are doing. author and original sponsor of this par- promise that is sending funds to local school Mr. President, today in just 8 min- ticular bill. I am very appreciative of districts this July. We did it because we utes we will start a series of votes. the manager and his conduct of the knew it was the right thing to do. That sim- They are on amendments that can floor proceedings over the last several ple fact has not changed in the last 5 make a major difference in student days, and I especially want to thank months. So I am absolutely baffled about why we achievement. They are supported by the Governors with whom I have could not reach this agreement again. The parents, local school boards, principals, worked very closely over the last sev- Senate’s failure to pass this amendment was and teachers all across this Nation for eral weeks to accomplish passage of irresponsible and inexcusable. smaller class size, expanding after- this bill. I yield the floor. The Senate Republicans have broken their school programs, reducing drop out Mr. JEFFORDS. Mr. President, I promise to teachers, to parents, and worst of rates, and ending social promotion. We yield to the Senator from Maine 2 min- all, to children in the first, second, and third have a chance on the floor of the U.S. utes. grades across the country. Senate, to take votes and declare that The PRESIDING OFFICER. The Sen- The Senate Republicans are hoping that this issue will just fade away, but the edu- we want action in those areas. That is ator from Maine. cation of our children is far too important what we are trying to do. We have been Ms. COLLINS. Mr. President, I thank for me to allow that to happen. I will be back trying to do it for 6 days and have been the chairman and again commend Sen- for as long as it takes to get them to recog- denied that through parliamentary ator FRIST, chief sponsor of this legis- nize they cannot continue to stall. Until mechanisms of our Republican friends. lation, and the chairman of the com- they take real steps to reduce the class size, I hope those Americans who care so mittee. I am pleased to join with them Mr. President, the Republicans owe the chil- deeply about those issues know how in this effort. dren of this country an explanation. important it is to the children of this Mr. President, the question before us This is what we heard last fall. At country. It is intuitive. Every parent is simple. This is not a question of who that time, leading Republicans in Con- knows if you have a child in a smaller is for better schools; this is not a ques- gress hailed the class size agreement. class the child is going to do better. We tion of who is for putting more Federal House Majority Leader DICK ARMEY have an opportunity to do something resources in education; because both said, ‘‘We were very pleased to receive about that and I hope this afternoon we Democrats and Republicans alike share the President’s request for more teach- will have a strong vote in support of those two goals. The question before us ers, especially since he offered a way to the Murray amendment—the children is whom do you trust to make edu- pay for them,’’ effectively supporting in this country deserve it. cation decisions? Should education de- the first year of getting smaller class I reserve the remainder of my time. cisions be decided in Washington? sizes. Republican Congressman BILL Mr. JEFFORDS. Mr. President, I Should every Federal dollar be at- GOODLING, Chairman of House Edu- yield 2 minutes to the Senator from tached to a string? Or should we trust cation Committee, declared that the Tennessee, the sponsor of the bill. the people at the local level—our Class Size Reduction Act was ‘‘. . .a The PRESIDING OFFICER. The Sen- school board members, our teachers, real victory for the Republican Con- ator from Tennessee. our parents, to make the best decisions gress but, more importantly, a huge Mr. FRIST. Mr. President, it is an ex- for the students in local schools? To win for local educators.’’ Senator citing day because education in the me, the answer is clear. We should in- SLADE GORTON said the same thing United States is off to a fresh start. crease the Federal commitment to edu- about the Class Size Reduction Act, The underlying bill, which I am hopeful cation, but empower local school representing the Republicans in nego- and confident will be passed later boards, teachers and parents to make tiation on education, ‘‘On education, today, does something that previous the best decisions in keeping with the there s been a genuine meeting of the bills out of this body did not do, and needs of their communities. That is the minds involving the President and the that is cut redtape. It combines flexi- question before us. Democrats and Republicans here in bility and allows local innovation, The second question before us is, Is Congress. . . .’’ local creativity to emerge, with strong the Government, is Congress, going to Now before the Senate we have the accountability built in to give our stu- keep its promise with regard to funding amendment of the Senator from Wash- dents—and that is the purpose—to give special education? I say the answer to ington, to fulfill that commitment— our students the best chance to receive that should be yes. Let’s keep the which Republicans were taking credit a solid and a strong education to pre- promise that was made more than 20 for 5 months ago—and we are being de- pare them for the millennium which is years ago when Congress passed the nied this opportunity. just around the corner. legislation mandating special ed. Let’s We will have a chance this afternoon Ed-Flex is not a panacea. We have keep our promise. Let’s fully fund that to vote on it. This is the time, today is been very careful, as sponsors of this important program before creating a the day, where the U.S. Senate can go bill, to point out it is not a panacea to whole lot of new categorical grant pro- on record for smaller class sizes in our Nation’s educational systems’ grams with strings attached. That is grades K–3. Today—today is the day to woes, but it is a strong bipartisan, bi- the debate. do it. cameral first step. It is a first step to Everyone here is for better schools, I say to my good friend from New unshackle the hands of our teachers, to better teachers, but that is not the Hampshire, all of us are very concerned unshackle the hands of our administra- issue. S2556 CONGRESSIONAL RECORD — SENATE March 11, 1999 The PRESIDING OFFICER. Who Mr. KENNEDY. Mr. President, I yield Lieberman Reid Snowe Lincoln Robb Specter yields time? back the remainder of my time. Lott Roberts Stevens Mr. JEFFORDS. Mr. President, how Mr. JEFFORDS. Mr. President, I ask Lugar Rockefeller Thomas much time do I have? for the yeas and nays on the concur- Mack Roth Thompson The PRESIDING OFFICER. The Sen- rent resolution. McCain Santorum Thurmond McConnell Sarbanes Torricelli ator has 1 minute 50 seconds. Mr. KENNEDY. Is it appropriate or is Mikulski Schumer Voinovich Mr. JEFFORDS. I yield the remain- it in order to ask for the yeas and nays Moynihan Sessions Warner der of my time to myself. on all of the amendments this after- Murkowski Shelby Wellstone I have noticed over the years with Nickles Smith (NH) Wyden noon? I ask unanimous consent that it Reed Smith (OR) my good friend from Massachusetts, be in order to ask for the yeas and that the weaker his arguments, the nays. NAYS—1 louder the volume. He exceeded all my The PRESIDING OFFICER. Is there Byrd expectations today. an objection to the Senator’s request? NOT VOTING—1 My Democratic friends have a num- Without objection, it is so ordered. Murray ber of amendments that will be coming Mr. KENNEDY. I ask for the yeas and The concurrent resolution (S. Con. up for votes shortly. As I have pointed nays, Mr. President. Res. 5) was agreed to. out this week, we will be considering The PRESIDING OFFICER. Is there a The preamble was agreed to. the reauthorization of the Elementary sufficient second on the amendments The concurrent resolution, with its and Secondary Education Act this Con- en bloc? preamble, is as follows: gress. The Committee on Health, Edu- There appears to be a sufficient sec- cation, Labor, and Pensions has al- ond. S. CON. RES. 5 ready held several hearings on the The yeas and nays were ordered en Whereas at the heart of the Oslo peace ESEA, and many more are in the bloc. process lies the basic, irrevocable commit- works. I will oppose all amendments ment made by Palestinian Chairman Yasir that are relevant to the Elementary f Arafat that, in his words, ‘‘all outstanding and Secondary Education Act. I will do issues relating to permanent status will be CONGRESSIONAL OPPOSITION TO resolved through negotiations’’; this, not because I am callous to these Whereas resolving the political status of issues, in fact, I ve championed them, THE UNILATERAL DECLARATION the territory controlled by the Palestinian but because these amendments should OF A PALESTINIAN STATE Authority while ensuring Israel’s security is be discussed in the normal committee The PRESIDING OFFICER. Under one of the central issues of the Israeli-Pal- process. I will, however, support the previous order, the Senate will now estinian conflict; amendments that are designed to let vote on Senate Concurrent Resolution Whereas a declaration of statehood by the Palestinians outside the framework of nego- local educators direct more money to 5. special education. The reauthorization tiations would, therefore, constitute a most The clerk will report the concurrent fundamental violation of the Oslo process; of special ed occurred last year, and it resolution. Whereas Yasir Arafat and other Palestin- is open to have more money. The The bill clerk read as follows: ian leaders have repeatedly threatened to de- amendment I introduced on behalf of A concurrent resolution (S. Con. Res. 5) ex- clare unilaterally the establishment of a Senator LOTT and others will provide pressing congressional opposition to the uni- Palestinian state; local communities with a choice re- lateral declaration of a Palestinian state and Whereas the unilateral declaration of a garding how much they will use their urging the President to assert clearly United Palestinian state would introduce a dramati- share of the $1.2 billion included in last States opposition to such a unilateral dec- cally destabilizing element into the Middle year’s omnibus appropriations bill for laration of statehood. East, risking Israeli countermeasures, a quick descent into violence, and an end to education. The Senate continued with the con- the entire peace process; and Under our amendments, a school sys- sideration of the concurrent resolution. Whereas in light of continuing statements tem may use the funds either to hire The PRESIDING OFFICER. The by Palestinian leaders, United States opposi- teachers or to support activities under question is on agreeing to the concur- tion to any unilateral Palestinian declara- the Individuals with Disabilities Edu- rent resolution. On this question, the tion of statehood should be made clear and cation Act. What fairer system can you yeas and nays were ordered. The clerk unambiguous: Now, therefore, be it have under the circumstances? That is will call the roll. Resolved by the Senate (the House of Rep- all we are doing. We are saying give The bill clerk called the roll. resentatives concurring), That— (1) the final political status of the terri- them an option, give the locals an op- Mr. REID. I announce that the Sen- tory controlled by the Palestinian Authority tion: More teachers or more money for ator from Washington (Mrs. MURRAY) can only be determined through negotiations special ed. Our amendment will permit is absent because of a death in the fam- and agreement between Israel and the Pal- local school officials themselves to de- ily. estinian Authority; cide whether they need more money to The PRESIDING OFFICER. Are there (2) any attempt to establish Palestinian educate children with disabilities or any other Senators in the Chamber de- statehood outside the negotiating process whether they need funds to hire more siring to vote? will invoke the strongest congressional op- teachers. The result was announced—yeas 98, position; and (3) the President should unequivocally as- In Vermont, I am betting the funds nays 1, as follows: sert United States opposition to the unilat- will be used for IDEA. Time and again, [Rollcall Vote No. 38 Leg.] eral declaration of a Palestinian State, mak- Vermonters have made clear to me YEAS—98 ing clear that such a declaration would be a that special education funding is far Abraham Conrad Gregg grievous violation of the Oslo accords and and away the most pressing need of our Akaka Coverdell Hagel that a declared state would not be recognized communities. And time and again, Ver- Allard Craig Harkin by the United States. monters have pressed me to find out Ashcroft Crapo Hatch f Baucus Daschle Helms whether the Federal Government will Bayh DeWine Hollings EDUCATION FLEXIBILITY honor its promise to pay 40 percent of Bennett Dodd Hutchinson PARTNERSHIP ACT OF 1999 the costs of special education. We are Biden Domenici Hutchison fortunate in Vermont to have already Bingaman Dorgan Inhofe The Senate continued with consider- Bond Durbin Inouye ation of the bill. achieved the small class sizes which Boxer Edwards Jeffords the President is trying to promote with Breaux Enzi Johnson AMENDMENT NO. 60 his teacher hiring program. We do not Brownback Feingold Kennedy The PRESIDING OFFICER. The Bryan Feinstein Kerrey need more. We need more money for Bunning Fitzgerald Kerry question is on amendment No. 60 of- special ed. Burns Frist Kohl fered by Senator JEFFORDS for the ma- I yield the floor. Campbell Gorton Kyl jority leader. There is 5 minutes of de- The PRESIDING OFFICER. The Sen- Chafee Graham Landrieu bate equally divided. Who yields time? Cleland Gramm Lautenberg ator from Massachusetts has 24 sec- Cochran Grams Leahy Mr. JEFFORDS. It is my understand- onds. Collins Grassley Levin ing the yeas and nays have already March 11, 1999 CONGRESSIONAL RECORD — SENATE S2557 been ordered on all of these amend- teachers, I daresay one of the principal Burns Gregg Mikulski Byrd Hagel Moynihan ments. reasons that the special needs commu- Campbell Harkin Murkowski The PRESIDING OFFICER. The Sen- nity supported this amendment last Chafee Hatch Nickles ator is correct. year was because we added that spe- Cleland Helms Reed 1 Cochran Hollings Reid Mr. JEFFORDS. I yield myself 2 ⁄2 cific provision. We are saying let us, let Collins Hutchinson Robb minutes. the local communities live out the bi- Conrad Hutchison Roberts Mr. President, I urge a ‘‘yes’’ vote on partisan commitment that we made to Coverdell Inhofe Rockefeller this amendment for your local school them 5 months ago. They can make Craig Inouye Roth districts. This is the most important Crapo Jeffords Santorum that local judgment depending upon Daschle Johnson Sarbanes amendment you will have this after- the needs of the community. DeWine Kennedy Schumer noon. I emphasize that this is ex- How can you have greater flexibility Dodd Kerrey Sessions tremely important for your local than that—rather than overturn the Domenici Kerry Shelby Dorgan Kohl Smith (NH) school districts. whole proposal that was out there and Durbin Kyl Smith (OR) The pending amendment would dump this on the school committees Edwards Landrieu Snowe amend the class size reduction provi- that are all finalizing their budgets in Enzi Lautenberg Specter sions of the fiscal year 1999 Department Feingold Leahy Stevens the next few weeks? Feinstein Levin Thomas of Education Appropriations Act. It I hope that the amendment would Fitzgerald Lieberman Thompson would allow any local educational not be accepted. Frist Lincoln Thurmond agency the choice of using its share of The PRESIDING OFFICER. The Sen- Gorton Lott Torricelli the $1.2 billion provided under those Graham Lugar Voinovich ator from Vermont has 1 minute 9 sec- Gramm Mack Warner provisions either to hire teachers or to onds. Grams McCain Wellstone carry out activities under part B of the Mr. JEFFORDS. I reiterate what I Grassley McConnell Wyden Individuals with Disabilities Education said before. If you want flexibility, The PRESIDING OFFICER (Mr. Act, IDEA. vote yes. This amendment gives the VOINOVICH). A quorum is present. We reauthorized IDEA last year, and local communities total flexibility to Mr. KENNEDY. I move to table the this is the perfect time to do this. meet the needs they have. If you want Lott amendment. I ask for the yeas Local school officials would have the to limit them down to one thing, hiring and nays. opportunity to determine which of new teachers, vote no. The PRESIDING OFFICER. The Sen- these two activities is a greater need All of our schools want total flexibil- ator from Vermont. for their schools, and to spend the addi- ity, especially in order to have money Mr. JEFFORDS. Mr. President—— tional funds accordingly. for special education. We have prom- Mr. KENNEDY. Mr. President, I In addition, the amendment contains ised them 40 percent, but have given made a motion to table, and I asked for a finding that reemphasizes a simple them 11 percent. We are the cause of the yeas and nays. It is not debatable. fact—full funding of IDEA would offer the terrible problems local schools I asked for the yeas and nays on the LEAs the flexibility in their budgets to have in trying to do what they can to motion to table. I made a motion to develop class size reduction, or other improve their school systems. table, and I have asked for the yeas and programs that best meet the needs of I urge a ‘‘yes’’ vote. nays, Mr. President. their communities. Mr. KENNEDY. This is the language: The PRESIDING OFFICER. The mo- I believe this approach offers a good . . . to carry out effective approaches to tion has been made to table. middle ground. It is a compromise be- reducing class size with highly qualified Is there a sufficient second? tween those of us who are urging we teachers to improve educational achieve- There is a sufficient second. live up to our promises, with respect to ment of both regular and special needs chil- The yeas and nays were ordered. IDEA funding, and those who believe dren. The PRESIDING OFFICER. The we should undertake a massive new ef- That is defined as ‘‘providing profes- question is on agreeing to the motion fort to hire teachers for local schools. sional development to teachers, includ- of the Senator from Massachusetts to I urge all of my colleagues to support ing special education teachers and lay on the table the amendment of the this amendment. I think it ought to be teachers of special-needs chil- Senator from Mississippi. On this ques- unanimous. dren. . . .’’ We already have it. The tion, the yeas and nays have been or- Mr. KENNEDY. Mr. President, last local school communities are commit- dered, and the clerk will call the roll. year we made a bipartisan agreement ted to making their own judgment and The legislative clerk called the roll. to support the hiring of additional decision. Why are we turning that all Mr. REID. I announce that the Sen- teachers. We had a $500 million in- over, Mr. President, now in the final ator from Washington (Mrs. MURRAY) crease in IDEA and $1 billion increase hours of this? It makes absolutely no is absent because of a death in the fam- in terms of the teachers, including spe- sense whatsoever. The special needs ily. cial needs teachers. community supported that amendment The PRESIDING OFFICER (Mr. Communities need funds both for last year. GREGG). Are there any other Senators IDEA and smaller classes—and for Mr. President, I suggest the absence in the Chamber who desire to vote? other top priorities too. We can reduce of a quorum. The result was announced—yeas 38, class size and give children with dis- The PRESIDING OFFICER (Mr. nays 61, as follows: abilities a better education. There is no ENZI). Does the Senator yield his time? reason to choose one or the other— [Rollcall Vote No. 39 Leg.] Mr. JEFFORDS. I yield back my YEAS—38 both are priorities and both can be time. met. Akaka Feinstein Lincoln Every local community in this coun- QUORUM CALL Baucus Graham Mikulski Bayh Harkin Moynihan try is trying to decide whether they Mr. KENNEDY. Mr. President, I sug- gest the absence of a quorum. Biden Hollings Reed are going to hire additional teachers Bingaman Inouye Reid within the next few weeks. If we say The PRESIDING OFFICER. The Boxer Kennedy Robb now we are going to accept the Lott clerk will call the roll to determine the Bryan Kerrey Rockefeller absence of a quorum. Cleland Kerry Sarbanes amendment, you are emasculating this Daschle Kohl Schumer particular provision, which the local The legislative clerk proceeded to Dodd Landrieu Torricelli communities have been basing their call the roll and the following Senators Durbin Lautenberg Wellstone entered the Chamber and answered to Edwards Levin Wyden judgment on, and saying, no, that isn’t Feingold Lieberman what you are going to do, you are going their names. to have to come up with a new kind of [Quorum No. 5] NAYS—61 a program. Abraham Bayh Boxer Abraham Breaux Campbell Allard Brownback Chafee If we make a commitment to a local Akaka Bennett Breaux Allard Biden Brownback Ashcroft Bunning Cochran community that permitted them to Ashcroft Bingaman Bryan Bennett Burns Collins hire general teachers or special needs Baucus Bond Bunning Bond Byrd Conrad S2558 CONGRESSIONAL RECORD — SENATE March 11, 1999 Coverdell Helms Roth Mr. JEFFORDS addressed the Chair. teacher leading the class is signifi- Craig Hutchinson Santorum The PRESIDING OFFICER. The Sen- Crapo Hutchison Sessions cantly more important than the size of DeWine Inhofe Shelby ator from Vermont. the class. Domenici Jeffords Smith (NH) Mr. JEFFORDS. Am I correct that Furthermore, adopting a new, untest- Dorgan Johnson Smith (OR) the 5 minutes is for debate only? Enzi Kyl Snowe ed, multi-billion dollar program with- The PRESIDING OFFICER. That is Fitzgerald Leahy Specter out hearings or local input is no way to correct, the 5 minutes is for debate Frist Lott Stevens make good public policy. We have Gorton Lugar Thomas only. It is equally divided. Gramm Mack Thompson Who yields time? The 5 minutes is begun the process of reauthorizing the Grams McCain Thurmond Elementary and Secondary Education Grassley McConnell Voinovich equally divided. Gregg Murkowski Warner Mr. KENNEDY addressed the Chair. Act, and we should examine this pro- Hagel Nickles The PRESIDING OFFICER. The Sen- posal during consideration of that bill. Hatch Roberts ator from Massachusetts. I give my assurance to my friends on NOT VOTING—1 Mr. KENNEDY. Mr. President, this is the other side of the aisle that I intend Murray the Murray amendment. Senator MUR- to fully examine this question. But the The motion to lay on the table RAY is not here today, due to a death in proper way to do it is under the orderly amendment No. 60 was rejected. the family, otherwise, she would be committee process. We are in the mid- The PRESIDING OFFICER. The ma- making the presentation at this par- dle of that right now. We have begun jority leader. ticular time. the process of reauthorizing the Ele- Mr. LOTT. Mr. President, I move to Basically, the Murray amendment mentary and Secondary Education Act, reconsider the vote and I move to lay builds on what was agreed to in the and this issue should be appropriately that motion on the table. budget last October by providing 6 addressed during this process. The motion to lay on the table was years of funding. It gives certainty to So I inform my colleagues that I will, agreed to. school boards all across the country at the time of the vote, move to table The PRESIDING OFFICER. The that we are making a national commit- the amendment. question is on agreeing to amendment ment to see smaller class size in No. 60. schools all across the Nation. I reserve the remainder of my time. The yeas and nays have been ordered. In the President’s budget, there is $11 Mr. LEVIN. Mr. President, I am The clerk will call the roll. billion that is effectively allocated for pleased to join with my colleagues Sen- The legislative clerk called the roll. this particular purpose. It follows the Mr. REID. I announce that the Sen- ator MURRAY, Senator KENNEDY and pattern that was agreed to last year others in introducing this Class Size ator from Washington (Mrs. MURRAY) that states if a particular district has is absent because of a death in the fam- Reduction amendment, which builds on already achieved 18 students, they can last years successful effort towards re- ily. use the funds for professional enhance- The PRESIDING OFFICER. Are there ducing class sizes in grades 1–3 to 18 or ment or for special needs children. any other Senators in the Chamber fewer students nationwide. Last year, That is why it has the support of the who desire to vote? President Clinton proposed this his- special education community. The result was announced, yeas 60, toric initiative and Congress approved This amendment has the whole- nays 39, as follows: a down payment on this request last hearted support of all the school year, providing a $1.2 billion appropria- [Rollcall Vote No. 40 Leg.] boards, of all the parent-teacher orga- YEAS—60 tion to help communities hire approxi- nizations, of the school teachers and mately 30,000 teachers nationwide. Abraham Enzi Mack local authorities across the Nation. It Allard Fitzgerald McCain Under the initiative enacted into law Ashcroft Frist McConnell is a major national effort to try to get Bennett Gorton Murkowski smaller class sizes. last year, school districts will begin to Bond Gramm Nickles We are going to need 2 million teach- receive funding this July 1 in order to Brownback Grams Roberts ers over the next 10 years. This is only hire teachers to begin reducing class Bunning Grassley Roth Burns Gregg Santorum going to provide 100,000, but it will size this fall. While last year’s appro- Byrd Hagel Sessions make sure that they are well-qualified priation provided an important start Campbell Hatch Shelby teachers. It will place support the early on this seven year initiative, the Chafee Helms Smith (NH) amendment before us gives us a chance Cochran Hutchinson Smith (OR) grades, which ought to be our priority. Collins Hutchison Snowe I hope it will be accepted. to support effective local planning by Conrad Inhofe Specter It also includes, Mr. President, the giving school districts the confidence Coverdell Jeffords Stevens sense of the Senate that the budget they need that funding will be avail- Craig Johnson Thomas Crapo Kyl Thompson resolution shall include an annual in- able under this initiative for future DeWine Leahy Thurmond crease for the IDEA part B and funding years. Domenici Lott Voinovich so that the program can be fully funded Dorgan Lugar Warner The average U.S. class size is 24 stu- within the next 5 years. So, we are dents with some as high as 30 students NAYS—39 committed to that as well. And it also per class. A consensus of research indi- Akaka Feingold Lieberman says these increases shall not come at cates that students attending small Baucus Feinstein Lincoln the expense of the other education pro- Bayh Graham Mikulski classes in the early grades make more Biden Harkin Moynihan grams. rapid educational progress than stu- Bingaman Hollings Reed If you support this amendment, you dents in larger classes and that those Boxer Inouye Reid are also supporting a commitment to achievement gains persist through at Breaux Kennedy Robb fund the IDEA over the period of the Bryan Kerrey Rockefeller least the middle grades. More specifi- Cleland Kerry Sarbanes next 5 years. cally, class size reduction leads to en- Daschle Kohl Schumer I withhold the remainder of my time. hanced teacher-student quality rela- Dodd Landrieu Torricelli The PRESIDING OFFICER. The Sen- Durbin Lautenberg Wellstone tionships, higher student achievement, ator from Vermont. Edwards Levin Wyden solid foundation for further student Mr. JEFFORDS. Mr. President, I will NOT VOTING—1 learning, and the ability of students to not support the amendment offered by read independently by the end of the Murray my colleagues from Washington and The amendment (No. 60) was agreed Massachusetts. 3rd grade. to. First and foremost, the 100,000 teach- Mr. President, there are 3,750 schools AMENDMENT NO. 64 er proposal is flawed. It puts quantity in my state of Michigan. Some of these The PRESIDING OFFICER. Under over quality. There is little or no em- schools have been fortunate enough to the prior order, we are now on amend- phasis on improving teacher quality in reduce some of their classes in the ment No. 64. There are 5 minutes equal- the proposal. Yet, the research shows early grades. Last month, I visited ly divided. with certainty that the quality of the about a dozen of them, witnessing first March 11, 1999 CONGRESSIONAL RECORD — SENATE S2559 hand the benefits of smaller classes. I sess each student’s progress in a more students passed the ‘‘Reading/Info’’ also visited several of the numerous timely manner and students develop portion, a 44 percent increase and 55 schools in my state that are disadvan- more interest in learning, all of which percent passed the ‘‘Math’’ section of taged by large class sizes. For example, create higher student achievement. the MEAP test, a 44 percent increase. at the Calvin Britain Elementary Many other direct experiences of In just a few years, these students were School in Benton Harbor, where the teachers and students were shared with receiving more attention in a better student to teacher ratio is higher than me. For instance, at Merrill Commu- academic environment and were sim- the national average, teachers worry nity Elementary school in Flint, which ply, learning more. that they are not able to identify their started a class downsizing program five Let’s take the important lessons students’ learning needs. When I asked years ago for grades K–4. Before this from these elementary schools in 2nd grade teacher Louise Hufnagel program began, their student to teach- Michigan and apply them to this legis- what it would mean to reduce her class er ratio was 30–1. One teacher, Mrs. lation. We must start reducing class of 26 down to 17 or 18, she said, ‘‘It Stephanie Thibault told me that ‘‘hav- sizes now. If we fail to pass this amend- would make a world of difference. A lot ing 30 first and second graders in a ment, reducing class size, we fail the of the children have special needs and classroom was overwhelming and ex- students of Michigan and the rest of it would make it easier to give them hausting.’’ Teachers would literally the nation. the individual attention they need.’’ find themselves counselling some of Ms. MIKULSKI. Mr. President, I am At East Leonard Elementary School their students in the hallways because proud to be an original cosponsor of in Grand Rapids, principal Tina their buildings and classrooms were so the Murray/Kennedy Class Size Amend- Barwacz said she is convinced that overcrowded. After the implementation ment. This amendment continues a lower class size improves academic per- of their new program, that ratio major six year effort to help local formance. Teachers there are now giv- changed to 17 students to 1 teacher, school districts hire 100,000 teachers ing more personalized attention to and listen to the difference expressed nationally. It is one the most impor- their students because their classes are by Mrs. Thibault. She exclaims ‘‘As a tant pieces of legislation the Senate smaller. Third grade teacher Dan teacher, my role has expanded beyond will consider this year. This amend- Mayhew, with 17 students this year instruction. Having a 17–1 ratio allows ment will strengthen our schools today down from 23 last year, says that now me to know my students and their fam- and build a framework for the future. he can get to each student more often ilies better, allows me to personalize Last year we made a down payment and make sure the individual masters learning tasks for each child and it by including $1.2 billion in the budget the standards and the core curriculum. gives me opportunities to provide one- for class size. This year, we must con- Another third grade teacher, Sharon on-one help. Students benefit because tinue the fight for our schools and the Uminski, with 17 students this year, they receive the attention and caring fight for our kids. We must give our down from 28 last year, says she gets to they deserve.’’ schools the support they need to lower know her class better, including learn- Because of a class size reduction pro- class size. We must get behind our kids ing faster students strengths and weak- gram, Mrs. Thibault can now give stu- by passing this critical legislation. nesses. She went on to say that it also dents the instruction they deserve. Last year, we worked together in a allows her to initiate remedial edu- Isn’t that exactly what we should bipartisan fashion to reduce class size cation in a subject when necessary on strive for? Our teachers should not be in the FY99 Omnibus Appropriations an individual basis; and that she en- overwhelmed and exhausted at the end Act. Last year we got $1.2 billion in the counters less discipline problems re- of each day. Our students should not be Omnibus to reduce class size using sulting in more class time for instruc- competing with each other to get the highly qualified teachers. Nationally, tion. First Grade teacher Teresa attention of their teachers. Each child this allowed us to hire some 30,000 new Guinnup who had 25 students last year deserves that attention and caring that teachers this year. My state of Mary- and 17 this year says now she can talk teachers like Mrs. Thibault can pro- land alone received $17.5 million and to each child and check his or her abil- vide. But some teachers are not capa- will get about 425 new teachers this ity. The students told me that they ble of providing that teaching environ- summer. like smaller class sizes because it was ment. Too many of our classrooms are Mr. President, I have visited these easier to concentrate, there was more spilling out into the hallways and until classrooms and I have talked to these room and some kids get to sit at their we change this by reducing class size, kids. These children have told me over own desk. our young people will be at a disadvan- and over again that they want to learn. At Winchell Elementary School in tage. They have told me they need more in- Kalamazoo where some classes have When we reduce class size, we not dividualized attention. I have received gone from 29 down to 17, teachers are only help our teachers and students, letters from kids in school who are beg- seeing major improvements in their but we meet needs of parents whose ging for our help. They tell me their pupil’s reading skills. First grade children are learning more and per- schools are overcrowded and the teach- teacher, Mary Trotter, who had 28 stu- forming better in school. When the pro- ers can’t control the large classrooms. dents last year and has 19 this year gram to reduce class size first began in They tell me they are scared to go to said, ‘‘I’m able to give children much the Flint Community School District, school and that they can’t learn be- more individual help. It’s a dream.’’ test scores for students were low. For cause the teachers are too busy trying First grade teacher Kitty Wunderlin the 1994–95 school year, only 8 percent to manage the overcrowded classes. who had 29 students last year and 19 of the students at Merrill Elementary Mr. President, this is a sad time for this year, said ‘‘it is divine to have 19 passed the ‘‘Reading/Story’’ portion of our students. A child should never fear students. I can give them one to one the Michigan Education Assessment going to school. We need to work and attention. With 29 students I felt over- Program, the MEAP test. For that work hard to ensure that our efforts whelmed.’’ And, first grade teacher same year, only 26 percent passed the are not short circuited because of poli- Kathie Gibson told me, ‘‘I’ve seen great ‘‘Reading/Info’’ section and just 10 per- tics. I have told many teachers and gains in my students reading skills this cent passed the Math portion of the students about the important strides year.’’ MEAP test. Since the implementation we made last year to make sure they In Lansing, at Harley Frank Elemen- of the program, the students at Merrill will have smaller and more effective tary School, kindergarten teacher Mrs. Elementary school have seen their classrooms. These children are excited Zimmerman, who has been teaching for scores rise dramatically, and I’m not about having more opportunities to 34 years and who last year planned to just taking about a couple of percent- learn. They are eager to learn to read retire until she heard class sizes were age points. Last school year, after just and learn about science and tech- going to be reduced, said that she now 4 years of smaller class sizes, 54 percent nology. They are excited about all the has more control over her class, the of those elementary students passed wonderful possibilities that lie ahead kids are happier and more adjusted and the ‘‘Reading/Story’’ portion of the for them with a proper education. But in short, they are able to learn more. test, an increase of 45 percent. In addi- we need to do more. By passing this With smaller classes, teachers can as- tion, 70 percent of Merrill elementary amendment today, we in the Senate S2560 CONGRESSIONAL RECORD — SENATE March 11, 1999 have an opportunity to prove our com- is absent because of a death in the fam- that the current level of funding for mitment to education. ily. IDEA falls far short of the 40 percent Efforts are already underway in my The PRESIDING OFFICER. Are there we promised in 1975. Full funding of state of Maryland to reduce class size. any other Senators in the Chamber de- IDEA would offer local school officials I have heard from at least five counties siring to vote? the flexibility in their budgets to de- in my state that they have class reduc- The result was announced—yeas 55, velop dropout prevention or other pro- tion programs already in place or in de- nays 44, as follows: grams that best meet the needs of their velopment. The schools in Montgomery [Rollcall Vote No. 41 Leg.] communities. I urge my colleagues to County, Maryland, for example, are re- YEAS—55 support this amendment. ducing class size for reading at the pri- Abraham Frist Murkowski I retain the remainder of my time. mary grade level. In the primary Allard Gorton Nickles The PRESIDING OFFICER. Who grades, they have started a program Ashcroft Gramm Roberts yields time? where there are only 15 students per Bennett Grams Roth Bond Grassley Santorum Mr. DODD. Mr. President, it is very teacher for a 90 minute reading block. Brownback Gregg Sessions difficult to hear. The Senate is not in They are also reducing class size in Bunning Hagel Shelby order. math at the middle and high school Burns Hatch Smith (NH) The PRESIDING OFFICER. The Sen- levels and have added an extra math Campbell Helms Smith (OR) Chafee Hutchinson Snowe ator is correct. teacher to each school to ensure suc- Cochran Hutchison Specter The Senate will be in order. cess in algebra. I applaud these efforts, Collins Inhofe Stevens Coverdell Jeffords Thomas The Senator from Connecticut. but they need federal help to do more. Mr. DODD. Mr. President, I rise in These programs started this school Craig Kyl Thompson Crapo Lott Thurmond opposition to the amendment and do so year and are being phased in over the DeWine Lugar Voinovich with a sense of some regret. I offered next three years focusing initially on Domenici Mack Warner an amendment a year ago with, in fact, low-performing schools. And do you Enzi McCain Fitzgerald McConnell Senator COVERDELL, our colleague from know what these programs will do? Georgia, on the $7 tax break proposal They will prepare Maryland kids for NAYS—44 as an alternative where real money— the new millennium. They will prepare Akaka Edwards Levin $1.6 billion—would go toward IDEA. our children to go onto college and Baucus Feingold Lieberman gain the important skills they will Bayh Feinstein Lincoln I think all of us appreciate the fact Biden Graham Mikulski that many of us over the years wanted need in the future. These class reduc- Bingaman Harkin Moynihan tion programs are the building blocks Boxer Hollings Reed to raise our level of support for that that will help prepare our kids to be Breaux Inouye Reid program. But in this particular issue, Bryan Johnson Robb to kind of ask in a sense that we now our future leaders. Byrd Kennedy Rockefeller The American people are counting on Cleland Kerrey Sarbanes take needed dollars to try to bring us to help fix an education system Conrad Kerry Schumer down class size and throw this item which failed so many children. Our Daschle Kohl Torricelli in—by the way, I lost on that amend- Dodd Landrieu Wellstone ment where we would have had $1.6 bil- education system has been ignored for Dorgan Lautenberg Wyden far too long. If we don’t pass this Durbin Leahy lion for IDEA. I got voted down on that amendment today, we are sending the proposal. Here we have a real issue of NOT VOTING—1 class size. wrong message to the American public. Murray Because of our efforts last year, our One of the major problems in IDEA is schools will be able to hire new teach- The motion to lay on the table the the learning disabilities. Two-thirds of ers this summer. If we don’t pass this amendment (No. 64) was agreed to. IDEA kids are learning disabled; pri- amendment, we are telling those school Mr. NICKLES. Mr. President, I move marily speech, and language is the sec- that we are not committed to improv- to reconsider the vote. ond disorder. That problem is not dis- ing America’s education system. We Mr. CRAIG. Mr. President, I move to covered until the third or fourth grade need to continue this effort to provide lay that motion on the table. in most schools. You don’t discover 100,000 new teachers for America. Let’s The motion to lay on the table was that with a younger child. get behind our kids and pass this agreed to. The irony here, in a sense, is that we amendment. AMENDMENT NO. 66 are trying to reduce class size, which is Mr. KENNEDY. Do I have any time? The PRESIDING OFFICER. Under what the underlying amendment would The PRESIDING OFFICER. The Sen- the previous order, we will now debate do, so that you try to avoid the prob- ator from Vermont has 1 minute. The Lott amendment No. 66 with 5 minutes lems from being created in the first Senator from Massachusetts has no equally divided. place. Here we are sort of competing time. Mr. JEFFORDS. Mr. President, this against each other. We have a legiti- Mr. KENNEDY. How much time do I is very similar to the amendment we mate issue that we are trying to get have? previously voted on, referred to as the dollars into, and that is to reduce class The PRESIDING OFFICER. No time Lott-Jeffords amendment. The pending size. To the extent that we do that, we remaining. amendment would amend the class size are going to reduce the IDEA problem. Mr. JEFFORDS addressed the Chair. reduction provisions of the fiscal year That is what we ought to be trying to The PRESIDING OFFICER. The Sen- 1999 Department of Education Appro- do, instead of creating this false choice ator from Vermont is recognized. priations Act to expand the choices out here, in a sense. If you can choose Mr. JEFFORDS. I yield back the re- available to local school officials. They between these dollars, clearly, in many mainder of my time and I move to would have the opportunity to deter- communities, because it is a tax issue, table the amendment, and ask for the mine whether hiring teachers or edu- they are going to go with IDEA. The yeas and nays. cating children with disabilities is a underlying problem with IDEA gets ad- The PRESIDING OFFICER. Is there a greater need for their schools, and to dressed if we reduce the class size. sufficient second? There is a sufficient second. spend the additional funds accordingly. I urge my colleagues in this particu- The yeas and nays were ordered. I am sure that many areas would lar case—after we increased by $500 The PRESIDING OFFICER. The choose to hire teachers, although I million last year IDEA funding—that question is on agreeing to the motion strongly suspect that most commu- we reject the amendment. Do what we to lay on the table the Murray amend- nities in my home State would choose can in this partnership and bring down ment No. 64. The yeas and nays have to use their funds for IDEA. A number class size, which is what most Ameri- been ordered. The clerk will call the of small States are already at the level cans would like us to do across the roll. of teachers they need, but we are gross- board, and still work on the IDEA issue The legislative clerk called the roll. ly underfunded in taking care of our and reducing the obligations there. Mr. REID. I announce that the Sen- special needs children. I have heard For those reasons, I urge the rejec- ator from Washington (Mrs. MURRAY) many times during my trips home, tion of this amendment. March 11, 1999 CONGRESSIONAL RECORD — SENATE S2561 Mr. JEFFORDS. Mr. President, I ous problem, the problem of students Mr. JEFFORDS. That is all the time point out that all we are doing is giv- dropping out of school before they that is available? ing flexibility to States like Wyoming, graduate. There is no Federal program Mr. President, for the reasons that I North Dakota, Vermont, and other that is intended to resolve this prob- have stated, I move to table the States that are already at the reduced lem. I hear a lot of talk about how amendment. I ask for the yeas and class size. Why not let them spend it there are other Federal programs. nays. for IDEA, which is grossly under- There is no Federal program that is The PRESIDING OFFICER. Is there a funded? That is where the money is funded that is intended to solve this sufficient second? There is a sufficient really needed. That is where the kids problem. This amendment would help second. will be helped. us do this. The yeas and nays were ordered. I yield the remainder of my time. Clearly, this is a major issue in all of The PRESIDING OFFICER. The The PRESIDING OFFICER. The our States. question is on agreeing to the motion question is on agreeing to the amend- This is particularly an important to table the amendment of the Senator ment of the Senator from Mississippi. issue in our States where we have large from New Mexico, Mr. BINGAMAN. The The yeas and nays have been ordered. numbers of Hispanic students. The yeas and nays have been ordered. The The clerk will call the roll. dropout rate is 30 to 50 percent among clerk will call the roll. The bill clerk called the roll. that community. The legislative clerk called the roll. Mr. REID. I announce that the Sen- I yield the rest of the time to the Mr. REID. I announce that the Sen- ator from Washington (Mrs. MURRAY) Senator from Nevada who is a cospon- ator from Washington (Mrs. MURRAY) is absent because of a death in the fam- sor on this amendment. is absent because of a death in the fam- ily. Mr. REID. Mr. President, we have ily. The PRESIDING OFFICER. Are there over 1 million people, men and women, The result was announced—yeas 55, any other Senators in the Chamber de- in prison in this country. Let’s round it nays 44, as follows: siring to vote? off and say we have 1 million people in [Rollcall Vote No. 43 Leg.] The result was announced—yeas 61, prison, and 820,000 of those people in YEAS—55 prison, men and women, have not grad- nays 38, as follows: Abraham Frist Murkowski [Rollcall Vote No. 42 Leg.] uated from high school. If there were Allard Gorton Nickles YEAS—61 no better reason to do something about Ashcroft Gramm Roberts the dropout problem, that would be it. Bennett Grams Roth Abraham Fitzgerald McCain Bond Grassley Santorum Allard Frist McConnell We have to keep young men and women Brownback Gregg Sessions Ashcroft Gorton Murkowski in school. Three thousand children Bunning Hagel Shelby Bennett Gramm Nickles drop out of school every day, 500,000 a Burns Hatch Smith (NH) Bond Grams Roberts year. This amendment would do noth- Campbell Helms Smith (OR Breaux Grassley Roth Chafee Hutchinson Snowe Brownback Gregg Santorum ing to take away from local school dis- Cochran Hutchison Specter Bunning Hagel Sessions tricts absolute control as to how they Collins Inhofe Stevens Burns Hatch Shelby handle dropouts, but it would give Coverdell Jeffords Thomas Campbell Helms Smith (NH) Craig Kyl Thompson Chafee Hutchinson Smith (OR) them additional resources and assets Crapo Lott Thurmond Cochran Hutchison Snowe they now do not have. DeWine Lugar Voinovich Collins Inhofe Specter The PRESIDING OFFICER. The Sen- Domenici Mack Warner Conrad Jeffords Stevens ator from Vermont. Enzi McCain Coverdell Johnson Thomas Fitzgerald McConnell Craig Kyl Thompson Mr. JEFFORDS. Mr. President, I am Crapo Landrieu Thurmond reluctant to oppose this amendment NAYS—44 DeWine Leahy Voinovich because I have such great empathy and Akaka Edwards Levin Domenici Lott Warner sympathy for the problem, and, be- Baucus Feingold Lieberman Dorgan Lugar Bayh Feinstein Lincoln Enzi Mack cause I respect the Senator from New Biden Graham Mikulski Mexico a great deal. We have worked NAYS—38 Bingaman Harkin Moynihan together on so many programs and Boxer Hollings Reed Akaka Feingold Lincoln problems over the years, and we will Breaux Inouye Reid Baucus Feinstein Mikulski Bryan Johnson Robb Bayh Graham Moynihan continue to do so. And I respect his Byrd Kennedy Rockefeller Biden Harkin Reed judgment. However, to address this Cleland Kerrey Sarbanes Bingaman Hollings Reid issue at this time is not appropriate. Conrad Kerry Schumer Boxer Inouye Robb Daschle Kohl Torricelli Bryan Kennedy Rockefeller This is a program already in existence, Dodd Landrieu Wellstone Byrd Kerrey Sarbanes though obviously, not working well. Dorgan Lautenberg Wyden Cleland Kerry Schumer The program is within the Elementary Durbin Leahy Daschle Kohl Torricelli Dodd Lautenberg Wellstone and Secondary Education Act. I am NOT VOTING—1 Durbin Levin Wyden dedicated to working closely with the Murray Edwards Lieberman Senator from New Mexico to find out how and what we should do to amend The motion to lay on the table the NOT VOTING—1 amendment (No. 63) was agreed to. Murray existing programs in order to have bet- ter dropout programs. So I hope he Mr. JEFFORDS. Mr. President, I The amendment (No. 66) was agreed would understand that, and that by op- move to reconsider the vote by which to. posing this amendment, which I will the motion was agreed to, and I move AMENDMENT NO. 63 move to table eventually, I am not to lay that motion on the table. The PRESIDING OFFICER. We are doing anything other than saying The motion to lay on the table was now on amendment No. 63. There are 5 wait—wait until we go through the re- agreed to. minutes equally divided for debate. But authorization of the ESEA this year. Mr. JEFFORDS. Mr. President, let before we begin that, we will need to We are going to hold hearings and me explain what we intend to do on get the attention of the Senate. Will make sure we do the best thing pos- this side of the aisle. I intend to ar- Members in the well take their con- sible to solve the dropout problem. range for a voice vote on the next two versations to the Cloakroom? Right now, I cannot accept this amendments. They are Lott amend- Who seeks recognition? amendment. I retain the remainder of ments. They are very similar to the Mr. BINGAMAN addressed the Chair. my time. ones that we had before. I do not be- The PRESIDING OFFICER. The Sen- Mr. BINGAMAN. Mr. President, is lieve it is worthy of time to get votes ator from New Mexico. there additional time? on those, because that dye is well cast Mr. BINGAMAN. Mr. President, this The PRESIDING OFFICER. The Sen- by the previous vote. amendment is intended to commit the ator from Vermont has 1 minute. The AMENDMENT NO. 67 Federal Government to help local Senator from New Mexico has no more Mr. JEFFORDS. The amendment we school districts deal with a very seri- time. have now is Lott No. 67. Fulfilling a S2562 CONGRESSIONAL RECORD — SENATE March 11, 1999 promise is not as exciting as raising likely to commit crime or become in- three fold increase over last year’s new expectations with new programs. volved in criminal activity when they funding, public schools will be able to We don’t get much press coverage, pre- are home alone or unsupervised. We see develop after school centers for chil- sumably, for doing the right thing, but criminal activity among youth peaking dren that provide educational, rec- if we fulfill our obligation to fund here at 3 p.m., when schools let out. reational, cultural, health and social IDEA, State and local agencies will be Gradually, as the hours move into the services. Specifically, activities and able to target their own resources to- early evening and parents come home, services may include: Literacy pro- ward their own, very real needs. These the peak drops. Additionally, law en- grams, telecommunications and tech- may be needs for afterschool activities, forcement supports afterschool pro- nology education programs, mentoring, or for dropouts, or for any number of grams. We call this particular amend- academic assistance, job skills assist- the pressing needs facing our Nation. ment an anticrime amendment. It has ance, expanded library services, nutri- All of this is going to be discussed in been endorsed by police athletic tion and health programs, summer and the reauthorization of the Elementary leagues from across the Nation. Mem- weekend school programs, services to and Secondary Education Act. bers have been calling in favor of this individuals with disabilities, drug, al- With that, Mr. President, I will yield amendment. Here is the list of the cohol, and gang prevention. the floor. many law enforcement groups, just a Last year, 21st Century Community The PRESIDING OFFICER (Mr. GOR- handful of them, to show you how pop- Learning Centers grants were awarded TON). Are there further remarks on ular this program is. to four school districts in my State. amendment No. 67? Who supports afterschool programs Schools in Armada, Benton Harbor, Mrs. BOXER addressed the Chair. in America? In a recent poll, August of Grant Rapids and the Highland Park The PRESIDING OFFICER. The Sen- 1998, 92 percent of Americans support School have received these grants. I ator from California. afterschool programs. After school pro- would like to share with you some of Mrs. BOXER. Just a point of infor- grams are anticrime, pro-education, the possibilities that these grants can mation, is this the Boxer amendment pro-community, and make common provide to local school districts around that the Senator has just spoken sense. Again, I hope Senators will vote my state and nationwide. against? in favor of afterschool programs. This In the Armada Area Schools, the dis- Mr. JEFFORDS. This is the Lott is not a new program. I thank my col- trict planned a virtual network of mid- amendment. leagues for their attention. dle school computer centers (called Mrs. BOXER. Fine, I will withhold. Mr. LEVIN. Mr. President, I am ‘‘clubhouse’’). The centers are meant to Mr. JEFFORDS. Mr. President, I ask pleased to cosponsor this legislation to increase student engagement in learn- to vitiate the yeas and nays. provide quality after school programs ing through computer use; foster col- The PRESIDING OFFICER. Without for our nation’s youth. There are 23.5 laboration among students, schools and objection, it is so ordered. million school-age children who have communities; and develop a model of The question is on agreeing to working parents, and of these children, statewide collaboration through the amendment No. 67. 5 to 7 million are considered sharing of resources. The amendment (No. 67) was agreed ‘‘latchkey’’ kids, or children who are The Benton Harbor Area Schools to. alone at some point in the day. planned to partner up with local com- Mr. JEFFORDS. Mr. President, I Mr. President, law enforcement sta- munity groups and Western Michigan move to reconsider the vote by which tistics show that from the hours of 3:00 University to provide Community the amendment was agreed to. p.m. to 6:00 p.m., students between the Learning Centers, which are estab- Mr. KENNEDY. I move to lay that ages 12 to 17, are more likely to com- lished to assist middle school students motion on the table. mit violent acts or be the victims of in developing literacy and technology The motion to lay on the table was violent activity. We know that they skills and they plan, produce, and agreed to. are more likely to engage in these ac- present constructive projects that deal The PRESIDING OFFICER. The Sen- tivities if young people are without with community-wide issues such as ator from California. adult supervision. According to a re- poverty, violence, drug use, and teen AMENDMENT NO. 65 port published by the U.S. Depart- pregnancy. Mrs. BOXER. Thank you, Mr. Presi- ments of Education and U.S. Depart- The Grand Rapids Public Schools dent. In 21⁄2 minutes I hope to convince ment of Justice in June of 1998, enti- planned to create four local Learning my colleagues to support this after- tled Safe and Smart: Making After Centers in its middle schools. The pro- school amendment. School Hours Work for Kids, ‘‘first and gram is designed to operate on after- The Senator from Vermont said it is foremost, after school programs keep noons, one evening per week, and sev- not so exciting to fund new programs. children of all ages safe and out of eral hours on Saturdays and provide This is not a new program. This is a trouble.’’ enrichment activities, recreational ac- tried and true program. This is a pro- There is no question that after- tivities, parent and child activities and gram that works. This is a program school programs keep most kids out of community support activities. that we all agreed we would spend $200 trouble, unfortunately, there are not The Highland Park School District, million on last year. The response in enough of them to keep all kids on the which collaborated with government, the community has been overwhelm- right track. According to findings of nonprofit groups, and local univer- ingly positive and we need to fund it at Mr. Herbert Moyer of the Michigan sities, planned to create two Learning a greater level. State Board of Education, which were Centers in their area. At these centers, What we do in this amendment is au- published in the March 10, 1999 Oakland students and community members can thorize the same amount of funding Press: participate in academic programs, that the President has put in his budg- More than 80 percent of parents want their sports and recreational activities, lit- et; $600 million would accommodate children to attend an after-school program, eracy and family recreational activi- over 1 million children. Look at these but only 30 percent of elementary and middle ties. children, look at their faces, look at schools offer such programs. After-school I would like to applaud the innova- how they are involved with a mentor hours are when juvenile crime rates triple tive ways in which Michigan educators and youth without positive alternatives may after school. After school programs do drugs, smoke, drink or engage in sexual have provided students with after keep children like them from getting activity . . . eighth-graders who are left un- school programs. These school districts into trouble by involving them in posi- supervised for 11 hours or more a week are were selected for the 21st Century tive activities. We can see here, if we twice as likely to abuse drugs or alcohol as Learning Centers grants because of look at this chart, that the time when those under adult supervision. their innovative projects in addressing juvenile offenders commit violent Mr. President, this amendment would their after-school needs. And, let me crimes is during the after school hours. make a substantial effort to resolve say, Mr. President, that Michigan stu- You do not need a degree in criminol- that problem. By increasing the appro- dents and parents are lucky to have ogy or sociology or psychology to un- priations for the 21st Century Learning people like Kathleen Strauss, Vice derstand that youth offenders are more Centers program to $600 million, a President of the Michigan Board of March 11, 1999 CONGRESSIONAL RECORD — SENATE S2563 Education, who has championed the I also support this amendment be- have to oppose the Boxer amendment, cause of after-school programs for our cause it authorizes $600 million for and eventually, after time runs out, I youth for many years. We are also after school programs. This money will will move to table it. lucky to have such dedicated edu- allow 1.1 million kids each year to go I retain the remainder of my time. cators, especially in Armada, Benton to an after school program. In the The PRESIDING OFFICER. The Sen- Harbor, Grand Rapids and Highland budget last year, we put $200 million in ator from California has 58 seconds re- Park, who have helped students gain after school programs. Last year, we maining. access to computers and new tech- made the downpayment. This year, the Mrs. BOXER. Thank you, Mr. Presi- nologies, and to encourage student in- President has tripled that amount to dent. I will take that time, if I might. volvement in the community. $600 million. And what will this fund- I knew I could speak fast, but I did not I am pleased that Michigan schools ing mean? It means that after school realize I had left all that time. are benefiting from these grants, and programs could get more space. They Again, I say to my friend, this is a am hopeful that the model set by these could hire more staff and add programs moment, an opportunity for us. We school districts will encourage the es- and services. It means that these pro- have an education bill before the U.S. tablishment of similar initiatives in gram can serve more young people. Senate. Why would we wait to put communities throughout my state and Mr. President, I will also support this more teachers in the classroom? Why the nation. I urge my colleagues to amendment because it specifically in- would we wait on afterschool programs support this amendment. cludes Police Athletic Leagues as part when, in fact, it is so necessary? Ms. MIKULSKI. I rise today as an of the after school effort. I have made Throughout America, people are asking original cosponsor of Senator BOXER’s it a priority to do all I can to help the us to act. If you go to the community After School Education and Anti Crime PAL programs in Maryland. We have 27 and say, well, we are waiting for a dif- Amendment. I am very pleased to sup- PAL centers in Baltimore, Maryland. ferent vehicle to come before the Sen- port this important legislation with The first PAL center in Maryland was ate before we address after school pro- Senator BOXER. One of my highest pri- in 1995, in northeastern Baltimore, lo- grams, they will look at you and say, orities as Senator is to promote struc- cated in a transformed convenience wait a minute, we need these funds tured, community-based after school store. Our PAL centers were not start- now. Our kids are getting into trouble activities to help kids stay safe. I will ed with the help of the federal govern- after school. We have an opportunity, support this amendment for three rea- ment. The success of this program is with a good bill that Senator WYDEN sons. First, there is a desperate need in due to the hard work of the Baltimore has brought to us and Senator FRIST, this country for constructive after Police Department and the support and to make it even better. I urge my col- school programs for our youth. Second, involvement of members of the com- leagues, please vote in favor of this it authorizes increased funding for munity. But now it’s time for the fed- amendment for afterschool programs. after school programs. Third, this eral government to help fund the PAL The PRESIDING OFFICER. Who amendment specifically includes Police centers and the excellent work that yields time? Athletic Leagues as part of the after they do. Mr. JEFFORDS. Mr. President, school effort. The PAL centers provide adult role again, I just reiterate, this is not the Mr. President, America’s youth needs models for our kids. They promote time to be arguing about this. The our help. Kids need constructive after character & responsibility. The people time is with reauthorization of the Ele- school activities to keep their young there help kids with their homework. mentary and Secondary Education Act. minds healthy and active. In many They teach them about art, cultural Therefore, I would strongly urge Mem- families today, both parents have to activities and sports. This is all part of bers of both sides to vote against this work. And that’s if they are lucky our effort to get behind our kids and amendment. enough to have two parents. Many kids combat juvenile crime. PAL centers Mr. President, I move to table the are raised by single moms who hold help to make our streets safe and give amendment, and I yield back the re- down one or more often, even two jobs kids the tools for success. These pro- mainder of my time. just to make ends meet. I talk to single grams recognize that we need to give The PRESIDING OFFICER. Does the moms in my state of Maryland who can kids alternatives to the streets. Senator ask for the yeas and nays? barely get by. Many of them hold down Mr. President, after school programs Mr. JEFFORDS. I ask for the yeas steady jobs while trying to go to must be a priority. We don’t have the and nays on the motion to table. school. They are trying to improve luxury of funding after school pro- The PRESIDING OFFICER. Is there a themselves so they can get better jobs grams just because we want to do sufficient second? and take care of their families. These something extra for our kids. After There is a sufficient second. parents can’t always be there after school is not an extra anymore. After The yeas and nays were ordered. school to supervise their children. school programs are now a necessary The PRESIDING OFFICER. All time They cannot leave their jobs at 3:30 fact of life. We need to give kids a having been yielded back, the question when school lets out. They cannot quit fighting chance. I will be fighting to is on agreeing to the motion to lay on their jobs because even if there are two enact this bill into law and I encourage the table the amendment of the Sen- parents working, they still need every all of my colleagues here to get behind ator from California. The yeas and dime. our kids and vote for this amendment. nays have been ordered. The clerk will So what do we tell these people to do The PRESIDING OFFICER. Who call the roll. with their kids after school? What if yields time? The Senator from Ver- The bill clerk called the roll. they aren’t lucky enough to have mont. Mr. REID. I announce that the Sen- grandparents or aunts and uncles to Mr. JEFFORDS. Mr. President, I will ator from Washington (Mrs. MURRAY) take care of the kids after school? Most likely oppose this amendment because, is absent because of a death in the fam- of these parents can’t afford the high again, this will be reauthorizing the El- ily. costs of day care. Do we just blame the ementary and Secondary Education The result was announced—yeas 55, parents when their kids get in trouble? Act. Actually, this program is already nays 44, as follows: No. This is a responsibility for us all. part of the law in a way. It is the 21st This situation presents a problem for Century Schools program I got in in [Rollcall Vote No. 44 Leg.] us all. Gangs, drugs, and violent crimes 1994. The administration has, by regu- YEAS—55 has become an epidemic among our lation, kind of changed it into an after- Abraham Cochran Gorton Allard Collins Gramm children. These kids are the future of school program. I do not mind that, Ashcroft Coverdell Grams our country. One day, they will be our but I think the 21st Century Schools Bennett Craig Grassley leaders. Here in Congress we have the was much broader and a better pro- Bond Crapo Gregg ability and the duty to save our youth. gram. We can argue this out, and we Brownback DeWine Hagel Bunning Domenici Hatch And this amendment helps commu- will have hearings on it and evidence Burns Enzi Helms nities build after school programs for presented during the next few weeks Campbell Fitzgerald Hutchinson our youth. and months. At this point, I would Chafee Frist Hutchison S2564 CONGRESSIONAL RECORD — SENATE March 11, 1999 Inhofe Nickles Specter nificant way, now or in the near future. or in the near future. In the last Congress, Jeffords Roberts Stevens In the last Congress, members of both members of both the House and Senate Kyl Roth Thomas worked hard to bring all sides together to Lott Santorum Thompson the House and the Senate worked hard pass the rauthorization of IDEA. The vote in Lugar Sessions Thurmond to bring all sides together to reauthor- both Houses was near unanimous in favor of Mack Shelby Voinovich ize IDEA. Now, Congress owes children McCain Smith (NH) Warner reauthorization. McConnell Smith (OR) and families across the country the Tomorrow the regulations to implement Murkowski Snowe most effective possible implementation this law will be promulgated. With these reg- NAYS—44 of this legislation. ulations there is an opportunity to move for- The amendments enacted in 1997 were ward with full implementation of the law. Akaka Edwards Levin the product of comprehensive, biparti- Congress owes the children and families Baucus Feingold Lieberman across the country the most effective pos- Bayh Feinstein Lincoln san negotiations involving Congress Biden Graham Mikulski and the Administration, with extensive sible implementation of this legislation. Bingaman Harkin Moynihan The amendments which were enacted on Boxer Hollings Reed public input. The final product in- June 4, 1997 were the product of comprehen- Breaux Inouye Reid volved compromises on many sensitive sive, bipartisan negotiations involving both Bryan Johnson Robb and complex issues, and it has been chambers of Congress and the Administra- Byrd Kennedy Rockefeller widely recognized as a significant im- tion, with extensive public input. The final Cleland Kerrey Sarbanes product, which involved compromises on Conrad Kerry Schumer provement of this landmark legisla- Daschle Kohl Torricelli tion, to protect the rights of 6 million many sensitive and complex issues, has been Dodd Landrieu Wellstone children to a free, appropriate public widely recognized as a significant improve- Dorgan Lautenberg Wyden ment of this landmark legislation, which Durbin Leahy education. The Department of Edu- protects the rights of 6 million children to a cation moved quickly to propose regu- NOT VOTING—1 free, appropriate public education. lations, and the final regulations are In many communities, schools are only Murray expected this Friday. just beginning to use the tools that are The motion to lay on the table the In many communities, schools are available to them under current law in cases amendment (No. 65) was agreed to. only just beginning to use the tools where disciplinary action is warranted for a Mr. JEFFORDS. Mr. President, I that are available to them under cur- disabled student. Schools have broad power move to reconsider the vote, and I rent law in cases where disciplinary ac- to develop and implement behavioral inter- ventions plans for children with disabilities, move to lay that motion on the table. tion is warranted for a disabled stu- and to use early intervention in ways that The motion to lay on the table was dent. Schools have broad power to de- can avoid the need for disciplinary actions at agreed to. velop and implement behavioral inter- all. AMENDMENT NO. 68 vention plans for children with disabil- The NPND represents 147 organizations na- Mr. JEFFORDS. Mr. President, I am ities, and to use early intervention in tionwide that serve parents and families of going to now ask for a voice vote on ways that can avoid the need for dis- students with disabilities. NPND provides a voice and a presence at the national level to Lott amendment numbered 68. This is ciplinary actions at all. The 1997 changes in the law and the influence public policy on behalf of its con- basically the same amendment we have stituents. NPND is opposed to any amend- been voting on. I think I talked to the implementation of the regulations ments to IDEA. other side of the aisle and they have no under it must be given a chance to Sincerely, reason not to have a voice vote. work. At this point, it is clearly pre- PATRICIA M. SMITH, At this point, I ask unanimous con- mature to make substantive changes in Executive Director. sent to vitiate the yeas and nays on the statute. The goal of this Congress Lott amendment No. 68. should be to give all children the edu- DISABILITY RIGHTS EDUCATION Mr. BAUCUS. Mr. President, I object. cational opportunity to pursue their AND DEFENSE FUND, INC., The PRESIDING OFFICER. The ob- goals and dreams. We should not pre- March 11, 1999. Senator EDWARD M. KENNEDY, jection is heard. maturely undermine the implementa- Russell Senate Office Building, Mr. JEFFORDS. Mr. President, let tion of this landmark legislation. Washington, DC. me explain this amendment. Like the Mr. President, for the reasons out- DEAR SENATOR KENNEDY, the Disability previous Lott amendment, this would lined earlier, we were prepared to move Rights and Education Fund (DREDF), is an amend the class size reduction provi- towards a voice vote. organization which specializes in disability, sions of the fiscal year 1999 Department There is one change in terms of the civil rights and education law. We are of Education Appropriations Act to ex- IDEA regulations. There will be some strongly opposed to any amendments to the IDEA regulations with regard to dis- Individuals with Disabilities Education Act pand the choices available to local (IDEA). school officials. They would have the cipline that have been included in this In the last Congress, the House and Senate opportunity to determine whether hir- amendment that are generally not ob- worked hard in a bipartisan manner to bring ing teachers or educating children with jectionable. However, since it does ef- all sides together to pass the reauthorization disabilities is a greater need in the fectively undermine the previous of IDEA. The amendments which were en- schools and spend the additional funds agreement, I hope it would not be ac- acted on June 4, 1997 were the product of in- accordingly. cepted. tense negotiations involving both chambers I am sure that many areas will Mr. President, I have three letters— of Congress and the Administration, with ex- one from the National Parent Network tensive public input. Parents, family mem- choose to hire teachers, although I bers, educators, administrators and legal strongly suspect that most commu- on Disabilities, the Disability Rights scholars came together week after week nities in my home State would choose Education and Defense Fund, and the prior to passage to provide input to assist in to use their funds for IDEA, special National Organization on Mental Re- crafting this landmark legislation which education. If a locality has a plentiful tardation—from organizations that are protects the rights of 6 million children to a supply of unemployed qualified teach- opposed to this amendment, and I ask free, appropriate public education. ers and lacks only the funds to hire unanimous consent they be printed in The final regulations for IDEA are going to be promulgated tomorrow. With these regu- them, that locale will use the $1.2 bil- the RECORD. There being no objection, the letters lations, we expect full implementation and lion to hire teachers. If that is not the enforcement of the law. We believe that it is case, those funds will be put to better were ordered to be printed in the imperative that Congress allow this law to use by supporting existing efforts to RECORD, as follows: be implemented on behalf of these students educate special education students. NATIONAL PARENT NETWORK nationwide. I urge my colleagues support this ON DISABILITIES, One of the major points of contention in amendment. I retain the remainder of Washington, DC, March 11, 1999. the reauthorization was the subject of dis- my time. Senator EDWARD M. KENNEDY, cipline. Section 615 of IDEA reflected very carefully crafted language dealing with dis- The PRESIDING OFFICER. Who Russell Senate Building, Washington, DC. DEAR SENATOR KENNEDY: On behalf of the cipline. In many communities, schools are yields time? board and members of the National Parent only beginning to use the tools that are Mr. KENNEDY. Mr. President, I want Network on Disabilities (NPND) we are op- available to them under Section 615 in cases to make it crystal clear that I am not posed to any amendments to the Individuals where disciplinary action is warranted for a in favor of amending IDEA in any sig- with Disabilities Education Act (IDEA) now disabled student. Schools have broad power March 11, 1999 CONGRESSIONAL RECORD — SENATE S2565 to develop and implement behavioral inter- the Senate takes up the reauthoriza- of ‘‘carrying’’ as opposed to ‘‘possess- vention plans for children with disabilities. tion of the Elementary and Secondary ing’’ the weapon. The school says that Please, as you have done so many times be- Education Act. it doesn’t know how it will be able to fore, continue to fight to protect the rights But one issue has come to my atten- get around an argument from the child of children with disabilities and their fami- lies. tion that I believe Congress should ad- or his parent that the child did not lit- Sincerely, dress right now, and it involves the erally carry the weapon to school. PATRISHA WRIGHT, issue of a school’s ability to discipline Surely Congress did not intend to set Director of Governmental Affairs. IDEA students who carry or possess up such a situation in the 1997 IDEA re- weapons to or at schools. authorization. Surely we intended that THE ARC OF THE UNITED STATES, Mr. President, I have proposed a pro- schools have the ability to place a GOVERNMENTAL AFFAIRS OFFICE, vision within Amendment No. 68 which child in an alternative setting for up to Washington, DC, March 11, 1999. makes an important addition to a pro- 45 days if the child possessed a weapon Hon. EDWARD M. KENNEDY, vision in the Individuals with Disabil- Ranking Minority Leader, Health, Education, on school premises, as well as carried a Labor and Pensions Committee, U.S. Senate, ities Education Act. The revision I pro- weapon to the school. And this is why Washington, DC. pose will ensure that the IDEA legisla- we should pass this amendment: to en- DEAR SENATOR KENNEDY, it has come to tion accurately reflects the intent of sure that schools have the ability to the attention of The Arc that the Senate in- Congress that schools should have the take the appropriate measures against tends to vote on the Ed-Flex legislation, S. ability to place a child with a disabil- students when weapons are involved. 280, today. Much to our chagrin, a last sec- ity in an alternative setting for dis- I would like to point out that even ond amendment which would amend the dis- cipline situations involving weapons. the Department of Education has ac- cipline provisions of the Individuals with Specifically, this provision revises Disabilities Education Act has been added to knowledged that the current statutory S. 280. While we know that IDEA funding has the law to explicitly allow a school to language ‘‘carries a weapon to school been heavily debated during consideration of place a child with a disability in an ap- or to a school function’’ is ambiguous, this bill, there has been no debate on the propriate interim alternative edu- and that it was the clear intent of Con- IDEA discipline provisions. Amending IDEA cational setting for up to 45 days if the gress to cover instances in which the at this time and under this circumstance is child carries a weapon to or possesses a child is found to be in possession of a absolutely unacceptable to the disability weapon at school, on school premises, weapon at school. community and The Arc. The last Congress, or to or at a school function. Cur- Now this amendment, if passed, after more than 2 years of intense negotia- rently, the law says that a school could would not apply to the school district tion, made major changes to the IDEA dis- cipline provisions. These provisions have not take such action only if the child car- in Missouri that is facing this di- had a chance to be fully understood and im- ries a weapon to school or to a school lemma, since that is a pending case. plemented since we still do not have the function. But we would be addressing this prob- final regulations to implement these com- The problem with the current statu- lem for any future situations, provid- plicated provisions. Further amending IDEA tory language is that it creates an un- ing the clarity that schools, parents, this way is fraught with danger and will lead intended loophole which could prevent and children need. to considerable more confusion in the edu- a school from placing a child in an al- Mr. President, schools, teachers, cation and special education communities. It ternative placement if the child at principals, and administrators want is simply not the time and the Ed-Flex bill is question is in possession of a weapon. and need to be able to treat all stu- not the place to amend IDEA. Thus, we re- Some school boards in my state have luctantly recommend you oppose final pas- dents on a uniform basis when weapons sage of the Ed-Flex bill. expressed concerns about the language are involved. We need to be sure that We thank you for your consideration of our in the IDEA reauthorization allowing a our laws allow a school to remove any views. 45 day change in placement of a child student from the regular classroom if Sincerely, who ‘‘carries’’ a weapon to school. that student is found with a weapon at LORRAINE SHEEHAN, Schools want to know whether that school. We need to close up any loop- Chairman. language means they can change the holes in the law that would prevent a Mr. LOTT. Mr. President, I would placement of a child whom they found school from taking this immediate ac- like to yield to the Senator from Mis- to be in ‘‘possession’’ of a weapon, as tion to maintain a safe learning envi- souri, Senator ASHCROFT, so that he well as a child found to be simply ‘‘car- ronment for our students. can explain a provision that he drafted rying’’ the weapon to school. They are Mr. President, I hope that my col- for Amendment No. 68, an amendment afraid that the language of the statute leagues will join with me in making that he and I have offered to the Ed- sets up a distinction that is going to this vital addition to the IDEA law, so Flex bill. create a big loophole which kids can that schools will be able to exercise the Mr. ASHCROFT. I thank the Major- jump through to avoid the 45 day authority we intended to give them to ity Leader for this opportunity to give change in placement. maintain a safe school environment for an explanation of the provision. Right now, there is a situation in a all our children. Mr. LOTT. It is my understanding school district in my state involving Mr. JEFFORDS. Mr. President, this that the Senator from Missouri’s provi- two students, both with individualized is an amendment which I think every- sion makes an important clarification education programs (IEPs). I have been one would agree is an appropriate to a discipline provision within the In- asked not to name the specific school amendment regarding the rules with dividuals with Disabilities Education district at issue because proceedings respect to discipline and carrying a Act. are still pending on this matter. But weapon into a school. A decision was Mr. ASHCROFT. Yes, that is correct. here are the facts: Student A carried a made, that the law only applied to I am proposing this provision in re- weapon into the school and gave it to those individuals who carried a weapon sponse to specific concerns I have Student B, who then put the weapon to the school. But, if the weapon was in heard from Missourians. into his (Student B’s) locker. The the possession of someone within the Mr. President, a message that I am school knew that it could put Student school, the law did not apply. This hearing from parents and teachers and A into an alternative placement, since would make sure that possession, as students is the issue of school dis- Student A literally ‘‘carried ‘‘ the well as carrying it in, is a violation. cipline. For the past few months my weapon into school. But could the That is why I will obviously support staff and I have been looking into this school also change Student B’s place- the amendment. issue to see if there are changes that ment, since technically he didn’t Mr. KENNEDY. Mr. President, I yield can and should be made to the Individ- ‘‘carry’’ the weapon into school, but in- back our time. uals with Disabilities Act Reauthoriza- stead was simply ‘‘possessing’’ it? The PRESIDING OFFICER. All time tion legislation, in order to give local The school went ahead and also having been yielded back, the question schools the flexibility they need to placed Student B in an alternative is on agreeing to the amendment. apply disciplinary measures in a fair, placement as well. However, the school The yeas and nays have been ordered. uniform, and logical manner. I will is now worried that at the pending pro- The clerk will call the roll. have more to say on this issue when ceeding, Student B will raise the issue The legislative clerk called the roll. S2566 CONGRESSIONAL RECORD — SENATE March 11, 1999 Mr. REID. I announce that the Sen- agree on; that is, the practice, formal Do you get a report card on your ator from Washington (Mrs. MURRAY) or informal, of promoting youngsters school? You sure don’t. Oh, there are is absent because of a death in the fam- from grade to grade when they some- some 30 States that call for a certain ily. times don’t even attend school and kind of report card. Most parents have The result was announced—yeas 78, often fail classes. That is not the way never seen one. This would suggest nays 21, as follows: to educate young people in the United that parents ought to be able to under- [Rollcall Vote No. 45 Leg.] States of America. stand what they have received from YEAS—78 Increasingly, States are doing away that school with the investment they Abraham Edwards Mack with the practice of social promotion have made. How does that school com- Allard Enzi McCain and providing standards and enabling pare to other schools? How does your Ashcroft Feinstein McConnell school districts to implement those State compare to other States? Baucus Fitzgerald Murkowski standards in the basic core curricu- Bayh Frist Nickles That is what this report card pro- Bennett Gorton Reid lum—reading, writing, math, and so- posal would do. It would say, let’s do Bond Gramm Robb cial sciences. for schools what we do for students, Boxer Grams Roberts This amendment tries to provide and let’s allow parents the opportunity Breaux Grassley Rockefeller Brownback Gregg Roth Federal incentives and Federal help for to understand how well their school Bryan Hagel Santorum the remedial education that is nec- does in educating children. Bunning Hatch Schumer essary to make the abolition of the pol- I have been joined by Senator BINGA- Burns Helms Sessions icy of social promotion a realistic pos- Byrd Hollings Shelby MAN in offering this amendment. We Campbell Hutchinson Smith NH) sibility. have added it to the Feinstein amend- Chafee Hutchison Smith (OR) So it would authorize $500 million to ment. Cochran Inhofe Snowe school districts for remedial education The PRESIDING OFFICER. The Sen- Collins Jeffords Specter for afterschool, summer school, inten- Conrad Johnson Stevens ator from Vermont. Coverdell Kerrey Thomas sive intervention for students who are Mr. JEFFORDS. Mr. President, I re- Craig Kyl Thompson failing or at risk of failing. As a condi- luctantly rise in opposition and also Crapo Landrieu Thurmond tion of receiving the funds, the school DeWine Lieberman Torricelli will move to table after I finish. But I Domenici Lincoln Voinovich districts would have to adopt a policy oppose it only because it should be in Dorgan Lott Warner that prohibits social promotion. Dis- the reauthorization act which we are Durbin Lugar Wyden trict would have to require students to doing for elementary and secondary NAYS—21 meet academic standards. And they education. I promise my colleagues Akaka Graham Leahy would test students for achievement. that I will work with them to improve Biden Harkin Levin Now, I think the problem is clear. programs that make sure that we do a Bingaman Inouye Mikulski This course of least resistance, of sim- better job in ending the problems we Cleland Kennedy Moynihan ply promoting youngsters, has really Daschle Kerry Reed have with so-called social promotion. Dodd Kohl Sarbanes led to declining test scores, failure, How much time do I have? Feingold Lautenberg Wellstone frustration, and certainly the inability The PRESIDING OFFICER. Fifty NOT VOTING—1 of many to even fill out an employ- seconds. Murray ment application to be able to get a job Mr. JEFFORDS. I will yield it back. after graduation. I move to table the amendment. The amendment (No. 68) was agreed Mr. WELLSTONE. Mr. President, to. The PRESIDING OFFICER. All time could we have order in the Chamber. is yielded back. Mr. JEFFORDS. Mr. President, I The PRESIDING OFFICER. The Sen- Mr. JEFFORDS. I ask for the yeas move to reconsider the vote. ate will be in order. and nays. Mr. HATCH. I move to lay that mo- The Senator from California. The PRESIDING OFFICER. Is there a tion on the table. Mrs. FEINSTEIN. I thank the Chair. sufficient second? There is a sufficient The motion to lay on the table was So I feel very strongly that the second. agreed to. linchpin of reform of the public edu- AMENDMENT NO. 61 cation system is the elimination of so- The yeas and nays were ordered. The PRESIDING OFFICER (Mr. cial promotion. But if you eliminate it The PRESIDING OFFICER. The SMITH of Oregon). There are now 5 and you do not provide any help for question is on agreeing to the motion minutes evenly divided on amendment failing students, it will not work. So to table the amendment. The yeas and No. 61. this is a small authorization, $500 mil- nays have been ordered. The clerk will Who yields time? lion to help those students and not just call the roll. Mrs. FEINSTEIN addressed the leave them languishing. I very much The bill clerk called the roll. Chair. hope that both sides of the aisle will Mr. REID. I announce that the Sen- The PRESIDING OFFICER. The Sen- vote for it. ator from Washington (Mrs. MURRAY) ator from California is recognized. I yield the remainder of my time to is absent because of a death in the fam- Mrs. FEINSTEIN. Mr. President, I the Senator from North Dakota. ily. would like to share my 21⁄2 minutes The PRESIDING OFFICER. The Sen- The result was announced—yeas 59, with Senator DORGAN. The amendment ator’s time has expired. nays 40, as follows: before the body right now is a com- Mrs. FEINSTEIN. I am sorry. [Rollcall Vote No. 46 Leg.] bined amendment. My amendment is Mr. DORGAN. Mr. President, let me YEAS—59 on social promotion and provides fund- ask unanimous consent for 1 minute. Abraham Frist McConnell ing for— Mr. JEFFORDS. Mr. President, I Allard Gorton Murkowski Mr. WELLSTONE. Mr. President, yield 1 minute to my good friend. Ashcroft Graham Nickles may we have order the Chamber. The PRESIDING OFFICER. The Sen- Bennett Gramm Roberts Bond Grams Roth The PRESIDING OFFICER. The Sen- ator from North Dakota. Brownback Grassley Santorum ate will be in order. Mr. DORGAN. I thank the Chair. Bunning Gregg Sessions The Senator from California. The second half of this amendment Burns Hagel Shelby Campbell Hatch Smith (NH) Mrs. FEINSTEIN. I thank the Chair. would allow for the opportunity to Chafee Helms Smith (OR) Mr. President, the amendment before have a standardized report card on Cochran Hutchinson Snowe the body is a combination amendment schools—not students, schools. What Collins Hutchison Coverdell Inhofe Specter with Senator DORGAN. It is remedial does it mean if your child gets the best Craig Jeffords Stevens education and a report card amend- grades in the worst school in the school Crapo Kyl Thomas ment. He will speak on the report card district? We know about our children. DeWine Leahy Thompson provisions. My amendment is on social Our children bring home report cards Domenici Lott Thurmond Enzi Lugar Voinovich promotion and remedial education. I every 6 weeks or 9 weeks. We don’t Feingold Mack Warner hope this is one area this body can know about our schools. Fitzgerald McCain Wellstone March 11, 1999 CONGRESSIONAL RECORD — SENATE S2567 NAYS—40 Ed-Flex, as it currently operates, de- Breaux Graham Lincoln Bryan Harkin Mikulski Akaka Durbin Lieberman mands accountability of participating Byrd Hollings Moynihan Baucus Edwards Lincoln States. It is important to keep in mind Cleland Inouye Reed Bayh Feinstein Mikulski Conrad Kennedy Reid Biden Harkin Moynihan that accountability has been a part of Daschle Kerrey Robb Bingaman Hollings Reed Ed-Flex since its inception, and the Dodd Kerry Rockefeller Boxer Inouye Reid manager’s package builds upon those Dorgan Kohl Sarbanes Breaux Johnson Robb strong accountability provisions. The Durbin Lautenberg Schumer Bryan Kennedy Rockefeller Edwards Leahy Torricelli Byrd Kerrey Sarbanes manager’s package, adopted last week, Feingold Levin Wellstone Cleland Kerry Schumer adds the following accountability fea- Feinstein Lieberman Wyden Conrad Kohl Torricelli tures: State Ed-Flex applications must Daschle Landrieu Wyden NOT VOTING—1 Dodd Lautenberg be coordinated with the title I plan or Murray Dorgan Levin with the State’s comprehensive reform The motion to lay on the table the NOT VOTING—1 plan; emphasis on school and student performance; requires additional re- amendment (No. 62) was agreed to. Murray porting by the Secretary regarding ra- Mr. LOTT. Mr. President, I believe The motion to lay on the table the tionale for approving waiver authority. we are through with the list of amend- amendment (No. 61) was agreed to. It is very important to keep in mind ments and we will be ready to go to Mr. JEFFORDS. Mr. President, I that the Department of Education, the final passage. move to reconsider the vote by which Secretary, is the entity that deter- ORDER OF PROCEDURE the motion was agreed to, and I move mines whether or not a State qualifies Mr. LOTT. For the information of all to lay that motion on the table. as an Ed-Flex State. That is retained. Senators, the Senate after this vote The motion to lay on the table was The September 1998 GAO report stat- will be finished for the day. We will not agreed to. ed: have any recorded votes on Friday, and AMENDMENT NO. 62 because we have been able to work out The recent flexibility initiatives increase The PRESIDING OFFICER. There the amount of information districts need, an agreement on how to proceed on the are now 5 minutes evenly divided on rather than simplifying or streamlining in- national missile defense issue, we will the Wellstone amendment. The Senator formation on Federal requirements. Federal not have any recorded votes on Monday from Minnesota. flexibility efforts neither reduce districts’ fi- either. We will be on the bill. We Mr. WELLSTONE. Mr. President, fol- nancial obligations nor provide additional worked it out where we would not have lowing is a list of requirements this dollars. to have a cloture vote on the motion to amendment will make unwaivable For those reasons, I ask my col- proceed. I think this is a positive. I under Ed-Flex: providing opportunities leagues to oppose the Wellstone want to commend the Democratic lead- for all children to meet challenging amendment. er for working with us on that. achievement levels; using learning ap- Mr. President, I yield back the re- Also, before we vote, I want to say proaches that meet the needs of histor- mainder of my time. how pleased I am that we have com- ical underserved populations, including The PRESIDING OFFICER. Does the pleted this Education Flexibility Act. girls and women; provide instruction Senator from Minnesota yield back the The managers of the bill have done a by highly qualified professional staff; balance of his time? good job. We have been through all provide professional development for Mr. WELLSTONE. I do. these votes today and we are going to complete this legislation, and the story teachers and aides to enable all chil- Mr. JEFFORDS. Mr. President, I will be that the Senate passed a bipar- dren in the school to meet the State’s move to table the Wellstone amend- tisan education bill that is going to student performance standards. ment, and I ask for the yeas and nays. I am for flexibility, but we ought to help the children at the local level. There appears to be a sufficient sec- I commend all who have been in- also have, in addition, accountability. ond. volved with it, and I am pleased that, These are the core requirements of the The yeas and nays were ordered. as a result of that, we will not have to title I program as a part of ESEA The PRESIDING OFFICER. The have recorded votes on Friday or Mon- passed in 1965. There is a reason for question is on agreeing to the motion day. these core requirements. We want to to lay on the table amendment No. 62. I yield the floor. make sure that there will be no loop- The yeas and nays have been ordered. Mr. KENNEDY. Mr. President, I in- hole so that we give protection to poor The clerk will call the roll. tend to vote for the Jeffords substitute children in this country. Right now, The legislative clerk called the roll. to the Ed-Flex bill today because it is this ed flexibility bill, unless this Mr. REID. I announce that the Sen- a small step forward in improving the amendment is agreed to, creates a ator from Washington (Mrs. MURRAY) federal, state, and local partnerships in loophole whereby a State could allow a is absent because of a death in the fam- education. It helps to guarantee that school district to be exempt from these ily. accountability goes hand in hand with basic core requirements, which is our The result was announced—yeas 57, flexibility, and that increased flexibil- effort as a national community to nays 42, as follows: ity will in fact lead to improved stu- make sure that poor children have edu- [Rollcall Vote No. 47 Leg.] dent achievement. cational opportunities. YEAS—57 But I’m concerned that we are not The Ed-Flex bill, if this amendment fulfilling the 7-year commitment we is not agreed to, could take away op- Abraham Frist McCain Allard Gorton McConnell made only a few months ago to help portunities for poor children. I ask for Ashcroft Gramm Murkowski communities reduce class size. It your support in relation to title I, in Bennett Grams Nickles makes no sense to take a small step relation to the vocational education Bond Grassley Roberts forward by passing Ed-Flex, and a Brownback Gregg Roth program. This is the right thing to do. Bunning Hagel Santorum giant step backward by breaking the If this amendment is not agreed to, Burns Hatch Sessions class size commitment. this piece of legislation will not be a Campbell Helms Shelby The National Parents and Teachers step forward for low-income children in Chafee Hutchinson Smith (NH) Association, the American Federation Cochran Hutchison Smith (OR) America. It will be a great leap back- Collins Inhofe Snowe of Teachers, the Council of Chief State ward. Coverdell Jeffords Specter School Officers, and the National Edu- Please support this amendment, col- Craig Johnson Stevens cation Association strongly oppose the Crapo Kyl Thomas Lott Amendment, because it under- leagues. DeWine Landrieu Thompson The PRESIDING OFFICER. The Sen- Domenici Lott Thurmond mines the commitment to class size re- ator from Vermont. Enzi Lugar Voinovich duction that was approved with broad Mr. JEFFORDS. Mr. President, I am Fitzgerald Mack Warner bipartisan support only a few months sorry that I must disagree with the NAYS—42 ago, and because it pits class size re- words of my colleague and member of Akaka Bayh Bingaman duction against helping disabled chil- my committee. Baucus Biden Boxer dren. S2568 CONGRESSIONAL RECORD — SENATE March 11, 1999 Congress made a specific promise last Taylor, along with my committee staff unique educational needs of their par- fall to help schools hire 100,000 new director Michael Myers. ticular students, whether it be to hire teachers over the next seven years to I also thank Greg Williamson of Sen- more teachers, to provide special tu- reduce class size. We should keep that ator MURRAY’s staff, Suzanne Day of tors, to buy new books or to teach promise, not undermine it, and not put Senator DODD’s staff, Elyse Wasch of computer skills. These differing phi- it in competition with IDEA. Senator REED’s staff, Bev Schroeder of losophies will be debated, and ought to School districts can’t choose to do Senator HARKIN’s staff, Roger Wolfson be debated, fully by the Senate. We will what is right for some children and not of Senator WELLSTONE’s staff, and have ample opportunity throughout for others. They must—and do—serve Lindsay Rosenberg of Senator WYDEN’s this Congress to do just that. all children. They need a federal help- staff. However, there is simply no need to ing hand to make sure all children get And I also thank Sherry Kaiman, have divisive debates on a bipartisan a good education. We should not force Jenny Smulson, and Susan Hattan of bill. So I urge my colleagues from communities to choose between small- Senator JEFFORDs’ staff, and Meredith across the aisle to choose constructive er classes and students with special Medley of Senator FRIST’s staff. progress over political posturing for needs. Pitting one child against an- Mr. LOTT. Mr. President, across our the sake of improving America’s other is wrong. We should meet our Nation, courageous teachers and school schools. commitment to improving education administrators, parents and Governors, Ed-Flex works for America’s chil- for all children. are working to find creative ways to dren. It proposes a simple exchange. Nothing is more important on the ensure that our children receive a States will hold schools accountable calendar of schools right now than world class education. The United for their performance in return for their budgets. Over the next few weeks, States Senate is prepared to promote granting each school the freedom to de- schools across the country will be mak- and support these efforts. Nothing is termine how best to achieve those re- ing major decisions on their budgets more important to the future of our sults. This is not an untested premise. for the next school year. And in many Nation that the education of our chil- Currently, twelve States have this au- of these communities, the budgets are dren. thority. The results have been promis- due by early April. In Memphis, school The ideas we propose today are con- ing. budgets are due on March 22. In Fay- fident reform, rooted in tested prin- In Texas, Ed-Flex schools out- ette County, Kentucky, school budgets ciples, parents, teachers and principals, performed those without waivers by are due on March 31. In Boston, Savan- the ones who know our children best, several percentage points on student nah, Las Vegas, and Houston, school should have the greatest influence on achievement scores. An elementary budgets are due in the first week of their classrooms. The needs of Ameri- school in Maryland now provides indi- April. In San Francisco, they are due ca’s schools differ from community to vidual tutors for its students who lag by April 1. In Council Bluffs, Iowa, community, and we help them most behind in reading. The same school has school budgets are due April 15th. In when we empower them to make wise dramatically reduced class size in Altoona, Pennsylvania, school budgets choices for the children in their care. math and reading, providing one teach- are due in April. Our money, manpower and energy er for every twelve students. Communities can’t do it alone. They should be primarily devoted to teach- The bill before us today simply ex- want the federal government to be a ing children, not to filing paperwork pands the right to become an Ed-Flex strong partner in improving their and fueling bureaucracies. State to all fifty States. It is strongly schools—not sit on the sidelines—and These commonsense proposals have supported by our Nation’s Governors, certainly not break its promises to broad appeal. They have received both Democrats and Republicans. Last help. strong bipartisan support. Every month, the National Governors Asso- The Senate should not turn its back Democratic Governor in the country ciation stated, ‘‘The expansion of the on our promise to help communities re- supports this bill. Last year, the Presi- Ed-Flex program is a high priority for duce class size in the early grades. We dent promised he would expand the Governors. . . . We strongly support need to act now, so that communities program we are considering today to this legislation as well as your decision can plan effectively for the full seven all fifty States. The bill passed out of to move forward at this time.’’ The Na- years. No school can hire teachers one committee by a vote of 17–1 last July, tion’s Democratic Governors joined to- year at a time. That makes no sense. and Secretary Riley strongly supported gether unanimously saying, ‘‘S. 280 is Communities want to reduce class its enactment at that time. There is no commonsense legislation that we be- size—and they need to be sure that reason why the Senate should not lieve deserves immediate consider- Congress will do its part to help them quickly pass the bill sponsored by Sen- ation. We hope, therefore, that you will over the long term, as we promised. ators FRIST and WYDEN. join in supporting its prompt enact- I intend to vote for the final Ed-Flex So the question before the Senate is ment.’’ bill to move this defective legislation really quite simple. It is not whether Governors across America are united. to the next stage, where I hope we can we will pass the Ed-Flex bill, for in the There is simply no reason why the Sen- reach a satisfactory compromise. end the overwhelming majority of the ate should not be as well. I urge my Clearly we should not break promises Senate will support it. Rather, the good friends and colleagues on the to communities. We should make com- question is whether the Senate will other side of aisle to listen to their mitments and keep them. And I will keep faith with the American people, Governors. Join us in supporting the oppose a conference report that in- by working together in a bipartisan prompt enactment of a simple bill that cludes any provisions to undermine our fashion, to help America’s school chil- will provide meaningful reform to commitment to reducing class size. dren. Republicans stand ready to do schools throughout our Nation. Let’s I will continue to work to make sure just that. The evidence of our commit- not squander an opportunity to work that we meet our commitments to ment is the fact that we offer a biparti- together to demonstrate our common helping communities give all children san bill as one of the very first we commitment to America’s school- a good education. The nation’s future bring to the Senate floor. children. depends on it. Republicans and Democrats have The PRESIDING OFFICER. The I want to thank the leaders, Senator honest disagreements on many edu- question is on the engrossment and LOTT and Senator DASCHLE, for their cation initiatives. Democrats believe third reading of the bill. courtesy and I want to congratulate that new Federal categorical grant pro- The bill was ordered to be engrossed my friend and colleague, the chairman grams that distribute money to States for a third reading and was read the of the committee, on his work, too. and counties based on complex for- third time. I want to thank Danica Petroshius, mulas are the best way to hire more Mr. JEFFORDS. Mr. President, I ask my education advisor, for her able as- teachers. Republicans believe that Fed- unanimous consent that the Senate sistance on this legislation and tireless eral dollars should be sent directly to now proceed to consideration of the work, along with Jane Oates, Dana the classroom so that parents, teach- House companion measure, Calendar Fiordaliso, Connie Garner, and Mark ers, and principals can address the No. 37, H.R. 800, and, further, after the March 11, 1999 CONGRESSIONAL RECORD — SENATE S2569 enacting clause be stricken and the nance and funding. The administrative and (I) developed and implemented the challeng- text of S. 280, as amended, be inserted funding mechanisms that help schools in 1 State ing State content standards, challenging State in lieu thereof. I further ask unani- improve may not prove successful in other student performance standards, and aligned as- mous consent the bill be read a third States. sessments described in section 1111(b) of the Ele- (2) Although the Elementary and Secondary mentary and Secondary Education Act of 1965, time and the Senate proceed to a vote Education Act of 1965 and other Federal edu- including the requirements of that section relat- on passage of the bill, as amended. Fi- cation statutes afford flexibility to State and ing to disaggregation of data, and for which nally, I ask consent that immediately local educational agencies in implementing Fed- local educational agencies in the State are pro- following that vote, the Senate insist eral programs, certain requirements of Federal ducing the individual school performance pro- on its amendment, request a con- education statutes or regulations may impede files required by section 1116(a) of such Act; or ference with the House, and S. 280 be local efforts to reform and improve education. (II) made substantial progress, as determined placed back on the Calendar. (3) By granting waivers of certain statutory by the Secretary, toward developing and imple- The PRESIDING OFFICER. Without and regulatory requirements, the Federal Gov- menting the standards and assessments, and to- ernment can remove impediments for local edu- objection, it is so ordered. ward having local educational agencies in the cational agencies in implementing educational State produce the profiles, described in sub- Mr. JEFFORDS. Mr. President, I ask reforms and raising the achievement levels of all clause (I); and for the yeas and nays. children. (ii) holds local educational agencies and The PRESIDING OFFICER. Is there a (4) State educational agencies are closer to schools accountable for meeting educational sufficient second? local school systems, implement statewide edu- goals and for engaging in the technical assist- There is a sufficient second. cational reforms with both Federal and State ance and corrective actions consistent with sec- The yeas and nays were ordered. funds, and are responsible for maintaining ac- tion 1116 of the Elementary and Secondary Edu- The PRESIDING OFFICER. The countability for local activities consistent with cation Act of 1965, for the local educational question is, Shall the bill, as amended, State standards and assessment systems. There- agencies and schools that do not make adequate pass? fore, State educational agencies are often in the yearly progress as described in section 1111(b) of best position to align waivers of Federal and that Act; and The yeas and nays have been ordered. State requirements with State and local initia- The clerk will call the roll. (B) waives State statutory or regulatory re- tives. quirements relating to education while holding Mr. REID. I announce that the Sen- (5) The Education Flexibility Partnership local educational agencies or schools within the ator from Washington (Ms. MURRAY) is Demonstration Act allows State educational State that are affected by such waivers account- absent because of a death in the fam- agencies the flexibility to waive certain Federal able for the performance of the students who are ily. requirements, along with related State require- affected by such waivers. The result was announced—yeas 98, ments, but allows only 12 States to qualify for (3) STATE APPLICATION.— nays 1, as follows: such waivers. (A) IN GENERAL.—Each State educational (6) Expansion of waiver authority will allow [Rollcall Vote No. 48 Leg.] agency desiring to participate in the education for the waiver of statutory and regulatory re- flexibility program under this section shall sub- YEAS—98 quirements that impede implementation of State mit an application to the Secretary at such time, Abraham Enzi Lott and local educational improvement plans, or in such manner, and containing such informa- Akaka Feingold Lugar that unnecessarily burden program administra- tion as the Secretary may reasonably require. Allard Feinstein Mack tion, while maintaining the intent and purposes Each such application shall demonstrate that Ashcroft Fitzgerald McCain of affected programs, and maintaining such Baucus Frist McConnell the eligible State has adopted an educational Bayh Gorton Mikulski fundamental requirements as those relating to flexibility plan for the State that includes— Bennett Graham Moynihan civil rights, educational equity, and account- (i) a description of the process the State edu- Biden Gramm Murkowski ability. cational agency will use to evaluate applica- Bingaman Grams Nickles (7) To achieve the State goals for the edu- tions from local educational agencies or schools Bond Grassley Reed cation of children in the State, the focus must requesting waivers of— Boxer Gregg Reid be on results in raising the achievement of all (I) Federal statutory or regulatory require- Breaux Hagel Robb students, not process. Brownback Harkin Roberts ments as described in paragraph (1)(A); and Bryan Hatch Rockefeller SEC. 3. DEFINITIONS. (II) State statutory or regulatory requirements Bunning Helms Roth In this Act: relating to education; Burns Hollings Santorum (1) LOCAL EDUCATIONAL AGENCY; STATE EDU- (ii) a detailed description of the State statu- Byrd Hutchinson Sarbanes CATIONAL AGENCY.—The terms ‘‘local edu- tory and regulatory requirements relating to Campbell Hutchison Schumer cational agency’’ and ‘‘State educational agen- education that the State educational agency Chafee Inhofe Sessions Cleland Inouye Shelby cy’’ have the meanings given such terms in sec- will waive; Cochran Jeffords Smith (NH) tion 14101 of the Elementary and Secondary (iii) a description of how the educational Collins Johnson Smith (OR) Education Act of 1965. flexibility plan is consistent with and will assist Conrad Kennedy Snowe (2) OUTLYING AREA.—The term ‘‘outlying in implementing the State comprehensive reform Coverdell Kerrey Specter area’’ means Guam, American Samoa, the plan or, if a State does not have a comprehen- Craig Kerry Stevens United States Virgin Islands, the Common- sive reform plan, a description of how the edu- Crapo Kohl Thomas wealth of the Northern Mariana Islands, the cational flexibility plan is coordinated with ac- Daschle Kyl Thompson DeWine Landrieu Thurmond Republic of Palau, the Republic of the Marshall tivities described in section 1111(b) of the Ele- Dodd Lautenberg Torricelli Islands, and the Federated States of Micronesia. mentary and Secondary Education Act of 1965; Domenici Leahy Voinovich (3) SECRETARY.—The term ‘‘Secretary’’ means (iv) a description of how the State educational Dorgan Levin Warner the Secretary of Education. agency will meet the requirements of paragraph Durbin Lieberman Wyden (4) STATE.—The term ‘‘State’’ means each of (8); and Edwards Lincoln the 50 States, the District of Columbia, the Com- (v) a description of how the State educational NAYS—1 monwealth of Puerto Rico, and each outlying agency will evaluate, (consistent with the re- area. Wellstone quirements of title I of the Elementary and Sec- SEC. 4. EDUCATION FLEXIBILITY PARTNERSHIP. ondary Education Act of 1965), the performance NOT VOTING—1 (a) EDUCATION FLEXIBILITY PROGRAM.— of students in the schools and local educational Murray (1) PROGRAM AUTHORIZED.— agencies affected by the waivers. The bill (H.R. 800), as amended, was (A) IN GENERAL.—The Secretary may carry (B) APPROVAL AND CONSIDERATIONS.—The out an education flexibility program under Secretary may approve an application described passed, as follows: which the Secretary authorizes a State edu- in subparagraph (A) only if the Secretary deter- Resolved, That the bill from the House of cational agency that serves an eligible State to mines that such application demonstrates sub- Representatives (H.R. 800) entitled ‘‘An Act waive statutory or regulatory requirements ap- stantial promise of assisting the State edu- to provide for education flexibility partner- plicable to 1 or more programs or Acts described cational agency and affected local educational ships.’’, do pass with the following amend- in subsection (b), other than requirements de- agencies and schools within the State in carry- ment: scribed in subsection (c), for any local edu- ing out comprehensive educational reform, after Strike out all after the enacting clause and cational agency or school within the State. considering— insert: (B) DESIGNATION.—Each eligible State partici- (i) the eligibility of the State as described in SECTION 1. SHORT TITLE. pating in the program described in subpara- paragraph (2); This Act may be cited as the ‘‘Education graph (A) shall be known as an ‘‘Ed-Flex Part- (ii) the comprehensiveness and quality of the Flexibility Partnership Act of 1999’’. nership State’’. educational flexibility plan described in sub- SEC. 2. FINDINGS. (2) ELIGIBLE STATE.—For the purpose of this paragraph (A); Congress makes the following findings: subsection the term ‘‘eligible State’’ means a (iii) the ability of such plan to ensure ac- (1) States differ substantially in demo- State that— countability for the activities and goals de- graphics, in school governance, and in school fi- (A)(i) has— scribed in such plan; S2570 CONGRESSIONAL RECORD — SENATE March 11, 1999

(iv) the significance of the State statutory or carry out their local reform plans and to con- (2) PROVISIONS OF LAW.—The provisions of regulatory requirements relating to education tinue to meet the accountability requirement de- law referred to in paragraph (1) are as follows: that will be waived; and scribed in subsection (a)(2)(B), and has im- (A) Section 311(e) of the Goals 2000: Educate (v) the quality of the State educational agen- proved student performance. America Act. cy’s process for approving applications for waiv- (B) PERFORMANCE REVIEW.—The Secretary (B) The proviso referring to such section ers of Federal statutory or regulatory require- shall periodically review the performance of any 311(e) under the heading ‘‘EDUCATION RE- ments as described in paragraph (1)(A) and for State educational agency granting waivers of FORM’’ in the Department of Education Appro- monitoring and evaluating the results of such Federal statutory or regulatory requirements as priations Act, 1996 (Public Law 104–134; 110 waivers. described in paragraph (1)(A) and shall termi- Stat. 1321–229). (4) LOCAL APPLICATION.— nate such agency’s authority to grant such (e) ACCOUNTABILITY.—In deciding whether to (A) IN GENERAL.—Each local educational waivers if the Secretary determines, after notice extend a request for a State educational agen- agency or school requesting a waiver of a Fed- and opportunity for hearing, that such agency’s cy’s authority to issue waivers under this sec- eral statutory or regulatory requirement as de- performance has been inadequate to justify con- tion, the Secretary shall review the progress of scribed in paragraph (1)(A) and any relevant tinuation of such authority. the State education agency, local educational State statutory or regulatory requirement from a (7) AUTHORITY TO ISSUE WAIVERS.—Notwith- agency, or school affected by such waiver or au- State educational agency shall submit an appli- standing any other provision of law, the Sec- thority to determine if such agency or school cation to the State educational agency at such retary is authorized to carry out the education has made progress toward achieving the desired time, in such manner, and containing such in- flexibility program under this subsection for results and goals described in the application formation as the State educational agency may each of the fiscal years 2000 through 2004. submitted pursuant to clauses (ii) and (iii) of reasonably require. Each such application (8) PUBLIC NOTICE AND COMMENT.—Each State subsection (a)(4)(A), respectively. shall— educational agency granted waiver authority (f) PUBLICATION.—A notice of the Secretary’s (i) indicate each Federal program affected and under this section and each local educational decision to authorize State educational agencies the statutory or regulatory requirement that will agency receiving a waiver under this section to issue waivers under this section, including a be waived; shall provide the public adequate and efficient description of the rationale the Secretary used (ii) describe the purposes and overall expected notice of the proposed waiver authority or waiv- to approve applications under subsection results of waiving each such requirement; er, consisting of a description of the agency’s (a)(3)(B), shall be published in the Federal Reg- (iii) describe for each school year specific, application for the proposed waiver authority or ister and the Secretary shall provide for the dis- measurable, and educational goals for each waiver in a widely read or distributed medium, semination of such notice to State educational local educational agency or school affected by shall provide the opportunity for parents, edu- agencies, interested parties, including edu- the proposed waiver; cators, and all other interested members of the cators, parents, students, advocacy and civil (iv) explain why the waiver will assist the community to comment regarding the proposed rights organizations, other interested parties, local educational agency or school in reaching waiver authority or waiver, shall provide that and the public. such goals; and opportunity in accordance with any applicable SEC. 5. PROGRESS REPORTS. (v) in the case of an application from a local State law specifying how the comments may be The Secretary, not later than 1 year after the educational agency, describe how the local edu- received, and shall submit the comments re- date of enactment of this Act and biennially cational agency will meet the requirements of ceived with the agency’s application to the Sec- thereafter, shall submit to Congress a report paragraph (8). retary or the State educational agency, as ap- that describes— (B) EVALUATION OF APPLICATIONS.—A State propriate. (1) the Federal statutory and regulatory re- educational agency shall evaluate an applica- (b) INCLUDED PROGRAMS.—The statutory or quirements for which waiver authority is grant- tion submitted under subparagraph (A) in ac- regulatory requirements referred to in subsection ed to State educational agencies under this Act; cordance with the State’s educational flexibility (a)(1)(A) are any such requirements under the (2) the State statutory and regulatory require- plan described in paragraph (3)(A). following programs or Acts: ments that are waived by State educational (C) APPROVAL.—A State educational agency (1) Title I of the Elementary and Secondary agencies under this Act; shall not approve an application for a waiver Education Act of 1965 (other than subsections (3) the effect of the waivers upon implementa- under this paragraph unless— (a) and (c) of section 1116 of such Act). tion of State and local educational reforms; and (i) the local educational agency or school re- (2) Part B of title II of the Elementary and (4) the performance of students affected by the questing such waiver has developed a local re- Secondary Education Act of 1965. waivers. form plan that is applicable to such agency or (3) Subpart 2 of part A of title III of the Ele- SEC. 6. FLEXIBILITY TO DESIGN CLASS SIZE RE- school, respectively; and mentary and Secondary Education Act of 1965 DUCTION PROGRAMS. (ii) the waiver of Federal statutory or regu- (other than section 3136 of such Act). (a) FINDINGS.—Congress finds that if part B of latory requirements as described in paragraph (4) Title IV of the Elementary and Secondary the Individuals with Disabilities Education Act (1)(A) will assist the local educational agency or Education Act of 1965. (20 U.S.C. 1411 et seq.) were fully funded, local school in reaching its educational goals, par- (5) Title VI of the Elementary and Secondary educational agencies and schools would have ticularly goals with respect to school and stu- Education Act of 1965. the flexibility in their budgets to design class dent performance. (6) Part C of title VII of the Elementary and size reduction programs, or any other programs (5) MONITORING AND PERFORMANCE REVIEW.— Secondary Education Act of 1965. deemed appropriate by the local educational (A) MONITORING.—Each State educational (7) The Carl D. Perkins Vocational and Tech- agencies and schools that best address their agency participating in the program under this nical Education Act of 1998. unique community needs and improve student section shall annually monitor the activities of (c) WAIVERS NOT AUTHORIZED.—The Secretary performance. local educational agencies and schools receiving and the State educational agency may not (b) AMENDMENT.—Section 307 of the Depart- waivers under this section and shall submit an waive any statutory or regulatory requirement ment of Education Appropriations Act, 1999, is annual report regarding such monitoring to the of the programs or Acts authorized to be waived amended by adding after subsection (g) the fol- Secretary. under subsection (a)(1)(A)— lowing: (B) PERFORMANCE REVIEW.—The State edu- (1) relating to— ‘‘(h) Notwithstanding subsections (b)(2), and cational agency shall annually review the per- (A) maintenance of effort; (c) through (g), a local educational agency may (B) comparability of services; formance of any local educational agency or (C) the equitable participation of students and use funds received under this section to carry school granted a waiver of Federal statutory or professional staff in private schools; out activities under part B of the Individuals regulatory requirements as described in para- (D) parental participation and involvement; with Disabilities Education Act (20 U.S.C. 1411 graph (1)(A) in accordance with the evaluation (E) the distribution of funds to States or to et seq.) in accordance with the requirements of requirement described in paragraph (3)(A)(v), local educational agencies; such part.’’. and shall terminate any waiver granted to the (F) serving eligible school attendance areas in SEC. 7. FLEXIBILITY TO DEVELOP DROPOUT PRE- local educational agency or school if the State rank order under section 1113(a)(3) of the Ele- VENTION PROGRAMS. educational agency determines, after notice and mentary and Secondary Education Act of 1965; (a) FINDINGS.—Congress finds that if part B of opportunity for hearing, that the local edu- (G) use of Federal funds to supplement, not the Individuals with Disabilities Education Act cational agency or school’s performance with re- supplant, non-Federal funds; and (20 U.S.C. 1411 et seq.) were fully funded, local spect to meeting the accountability requirement (H) applicable civil rights requirements; and educational agencies and schools would have described in paragraph (2)(B) and the goals de- (2) unless the underlying purposes of the stat- the flexibility in their budgets to develop drop- scribed in paragraph (4)(A)(iii) has been inad- utory requirements of each program or Act for out prevention programs, or any other programs equate to justify continuation of such waiver. which a waiver is granted continue to be met to deemed appropriate by the local educational (6) DURATION OF FEDERAL WAIVERS.— the satisfaction of the Secretary. agencies and schools, that best address their (A) IN GENERAL.—The Secretary shall not ap- (d) CONTINUING ELIGIBILITY.— unique community needs and improve student prove the application of a State educational (1) IN GENERAL.—Each State educational performance. agency under paragraph (3) for a period exceed- agency that is granted waiver authority under (b) AMENDMENT.—Section 307 of the Depart- ing 5 years, except that the Secretary may ex- the provisions of law described in paragraph (2) ment of Education Appropriations Act, 1999, is tend such period if the Secretary determines shall be eligible to continue the waiver author- amended by adding after subsection (g) the fol- that such agency’s authority to grant waivers ity under the terms and conditions of the provi- lowing: has been effective in enabling such State or af- sions of law as the provisions of law are in ef- ‘‘(h) Notwithstanding subsections (b)(2), and fected local educational agencies or schools to fect on the date of enactment of this Act. (c) through (g), a local educational agency may March 11, 1999 CONGRESSIONAL RECORD — SENATE S2571 use funds received under this section to carry Mr. JEFFORDS. Mr. President, I cation so they will be ready for the out activities under part B of the Individuals move to reconsider the vote, and I high-skill, high-wage jobs of tomorrow. with Disabilities Education Act (20 U.S.C. 1411 move to lay that motion on the table. But the single best way to go to the et seq.) in accordance with the requirements of The motion to lay on the table was taxpayers when additional resources such part.’’. agreed to. are needed is to show the taxpayers SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Mr. WYDEN addressed the Chair. that you are efficiently spending the In addition to other funds authorized to be The PRESIDING OFFICER. The Sen- dollars that are currently obligated. appropriated to carry out part B of the Individ- uals with Disabilities Education Act (20 U.S.C. ator from Oregon. That is why Ed-Flex is so important. 1411 et seq.), there are authorized to be appro- Mr. WYDEN. Thank you, Mr. Presi- All across the country we saw that priated $150,000,000 to carry out such part. dent. without Ed-Flex what you have is sort SEC. 9. FLEXIBILITY TO DEVELOP AFTERSCHOOL Mr. President, as an Oregonian, I am of a ‘‘one-size-fits-all’’ approach to edu- PROGRAMS. especially proud this evening that a cation. Folks inside the beltway will (a) FINDINGS.—Congress finds that if part B of program that began in my home say, ‘‘Well, what works in Coos Bay, the Individuals with Disabilities Education Act State—we were the first to get an Ed- OR, is what we ought to do in the (20 U.S.C. 1411 et seq.) were fully funded, local Flex waiver—on the basis of this vote Bronx, and what works in the Bronx educational agencies and schools would have in the U.S. Senate, this program that ought to be done in the State of the the flexibility in their budgets to develop after- began in my State is going to be ex- majority leader, the State of Mis- school programs, or any other programs deemed panded across the country. appropriate by the local educational agencies sissippi.’’ That doesn’t make sense. and schools, that best address their unique com- I would like to spend just a couple of We ought to hold school districts ac- munity needs and improve student performance. minutes of the Senate’s time this countable. But we also ought to give (b) AMENDMENT.—Section 307 of the Depart- evening, and first begin by thanking them the freedom to be innovative and ment of Education Appropriations Act, 1999, is my colleagues who put so much effort creative and make those dollars amended by adding after subsection (g) the fol- into this. stretch so that we can serve more poor lowing: Senator FRIST is here this evening. schoolchildren. ‘‘(h) Notwithstanding subsections (b)(2), and He and I have been living and breath- The fact of the matter is that there (c) through (g), a local educational agency may ing this legislation for well over a year. is a school very close to the U.S. Cap- use funds received under this section to carry I think it is worth noting that this out activities under part B of the Individuals itol that has cut class size in half with with Disabilities Education Act (20 U.S.C. 1411 began in the Senate Budget Commit- Ed-Flex using existing dollars. They et seq.) in accordance with the requirements of tee. Senator DOMENICI worked on a bi- didn’t spend $1 more, not one, and they such part.’’. partisan basis with a number of us. And cut class size in half. SEC. 10. ADDITIONAL AUTHORIZATION OF APPRO- this legislation began with hearings in In my home State of Oregon, in one PRIATIONS. the Senate Budget Committee. rural district, the poor kids weren’t In addition to other funds authorized to be I thank the Senator from Tennessee able to get advanced computing, be- appropriated to carry out part B of the Individ- for the opportunity to work with him. cause their school district didn’t have uals with Disabilities Education Act (20 U.S.C. I also see Senator JEFFORDS here. He the technology and they didn’t have 1411 et seq.), there are authorized to be appro- was especially gracious to me this the instructors. There was a commu- priated $600,000,000 to carry out such part. afternoon. He pointed out that from nity college close by with Ed-Flex. SEC. 11. FLEXIBILITY TO DEVELOP PROGRAMS TO time to time it felt a little lonely on REDUCE SOCIAL PROMOTION AND Without any additional expenses to the ESTABLISH SCHOOL ACCOUNTABIL- their side. But I want to assure him taxpayers, those kids could go to the ITY PROCEDURES. that I think that this is truly biparti- community college and get the skills (a) FINDINGS.—Congress finds that if part B of san. they needed. Again, we see a concrete the Individuals with Disabilities Education Act Senator DASCHLE every step of the example of how with just a little bit of (20 U.S.C. 1411 et seq.) were fully funded, local way was enormously supportive in this flexibility we can better serve the poor educational agencies and schools would have legislation. I thank Senator KENNEDY. kids of this country. the flexibility in their budgets to develop pro- He had to leave this evening. But he grams to reduce social promotion, establish We were on the floor of the U.S. Sen- school accountability procedures, or any other worked very closely with us, especially ate, I guess, for the better part of 2 programs deemed appropriate by the local edu- on the accountability provision. weeks dealing with Ed-Flex, and not cational agencies and schools, that best address Now, shortly after dealing with the one single example of abuse was ever their unique community needs and improve stu- impeachment matter, the Senate can shown on the floor of the Senate—not dent performance. show that we have dealt with the pre- one. But there were plenty of examples (b) AMENDMENT.—Section 307 of the Depart- mier domestic issue of our day—the of how this program worked. I just ment of Education Appropriations Act, 1999, is premier domestic issue of our day— cited one close by the Capitol that cut amended by adding after subsection (g) the fol- education, in a bipartisan fashion. It is lowing: class size in half. In Texas, the scores ‘‘(h) Notwithstanding subsections (b)(2), and always possible in the Senate and just went up with better use of technology. (c) through (g), a local educational agency may about anywhere else to find something From one end of the country to the use funds received under this section to carry on which to disagree. The Senate ulti- other, we see how this program has out activities under part B of the Individuals mately resisted that proposition, and worked. with Disabilities Education Act (20 U.S.C. 1411 we went forward with something we I know that my colleagues wish to et seq.) in accordance with the requirements of could agree on, which is the principle speak tonight on this issue. But I just such part.’’. that you ought to squeeze every dollar wanted to take a minute or two to talk SEC. 12. ALTERNATIVE EDUCATIONAL SETTING. of value out of the Federal budget for about why I think this is a particularly (a) IN GENERAL.—Section 615(k)(1)(A)(ii)(I) of education in order to help the kids, to good day for the U.S. Senate. There is the Individuals with Disabilities Education Act help them raise their scholastic per- no issue more important than this. (20 U.S.C. 1415(k)(1)(A)(ii)(I)) is amended to formance, to deal with the issues that read as follows: I see the majority leader is here. I ‘‘(I) the child carries or possesses a weapon to were debated on the floor of the U.S. want to express my thanks to him, and or at school, on school premises, or to or at a Senate. to TOM DASCHLE. school function under the jurisdiction of a State I think my only regret is that to The fact is that this important legis- or a local educational agency; or’’. some extent in the last hours of this lation could have blown up 15 or 20 (b) APPLICATION.—The amendment made by discussion it became a debate about times in the last few days. And Tom subsection (a) shall apply to conduct occurring whether you are for more resources for DASCHLE and TRENT LOTT said that this not earlier than the date of enactment of this education or whether you are for more was too important to let that happen. Act. efficiently allocating the dollars that Senator KENNEDY and Senator JEF- SEC. 13. FURTHER AUTHORIZATION OF APPRO- are currently obligated. I think that is FORDS hung in there as well, with Sen- PRIATIONS. a false choice. ator FRIST, who constantly came to the In addition to other funds authorized to be appropriated to carry out part B of the Individ- I happen to believe that we are going floor and just appealed to let this bi- uals with Disabilities Education Act (20 U.S.C. to need some additional resources for partisan idea, which every Governor in 1411 et seq.), there are authorized to be appro- the key education areas. We want our the country wants, to go forward. We priated $500,000,000 to carry out such part. young people to get a good quality edu- were able to get it done. S2572 CONGRESSIONAL RECORD — SENATE March 11, 1999 I suspect the conference on this legis- mat where we have had people come mentioning them. Lindsay Rosenberg lation will not be for the fainthearted. and testify on the task force, and listen of Senator WYDEN’s staff has been There are certainly differences of opin- very carefully. People came forward, somebody whom my staff has enjoyed ion on a number of the issues. and said, ‘‘We have a program that and I personally have enjoyed working But this is a very good day for the works.’’ with in this process as we have gone U.S. Senate, and a good day for Amer- To be honest with you, 2 years ago I through it. ican families, because we have shown didn’t know what Ed-Flex was. But Senator JEFFORDS, the chairman, that we could tackle important issues. somebody came forward, and said in a who has literally been in the Chamber Mr. President, I yield the floor. community, as my colleague has just every day for the last 7 days, does have Mr. JEFFORDS addressed the Chair. pointed out, that this program works. the patience of Job going through this, The PRESIDING OFFICER. The Sen- We fulfilled exactly what the Federal looking at every bill and every word ator from Vermont. mandate was, and what the Federal in- that comes forward with a response. Mr. JEFFORDS. Mr. President, I tention was. We took the appropriate And I just want to express my appre- want to say thank you to the Senator funding—the Federal dollars that came ciation because he ushered this thing from Oregon, because without him we down. But what the Federal Govern- through in a very direct way and really would have had a much more difficult ment allowed us to do through a waiver put in both the time and the effort. He time. It was bipartisan from the start, was to participate through Ed-Flex to is the leader on our side in education. and it ended up very bipartisan. We accomplish that stated goal of fulfill- We cited again and again the number of ended up, I think, with a 98 to 1 vote. ing the intent of Congress, but in a way bills passed last year under his leader- Also, Mr. FRIST, I am going to use 30 that we knew was best for us based on seconds, and then allow those who wish ship as chairman of the former Labor, our local circumstances. Health and Education Committee. Cur- to speak longer to do so. Not everybody needs a computer, not I want to express my particular grat- rently, he is examining all public edu- everybody needs tutoring, not every- cation, K through 12, through the Ele- itude to all the members of the Health, body needs kindergarten, not every- Education, Labor, and Pensions Com- mentary and Secondary Education Act. body needs an extra teacher, but that I have the privilege of working on that mittee, who have worked especially varies from community to community, hard on this legislation. I very much committee with him and his wonderful and the beauty of that is we took that staff who have been at his side. Mark value the time, effort, and commit- idea, we discussed it, we developed leg- ment they have brought to this task. Powden, Susan Hattan and Sherry islation, we passed it through the com- Kaiman really all deserve our gratitude I would also like to acknowledge the mittee last year, but we ran out of two sponsors of the Ed-Flex bill, Sen- for their tremendous work over the time last year. It was brought to the last several days. ators FRIST and WYDEN. It is in large floor. It was one of the first major bills I am not going to list all the staff, part due to their dedication and com- brought to this body, and after 7 days but Senator GREGG, again, from whom mitment that we were able to pass this of intense debate, a lot of negotiation, we have heard so much about special bill with such overwhelming bipartisan we passed the bill here 10 minutes ago. education; Senator LOTT, who needs to support. It is a momentous day also because be thanked because it would have been Finally, I would like to extend my the House passed a very similar bill, al- very easy after 3 or 4 days, when it sincerest thanks to the many staff peo- most an identical bill, about 6 hours looked as if gridlock—it was gridlock, ple who contributed to the passage of ago. And that means, because in a bi- but he, with the Democratic leader, this important Ed-Flex legislation: partisan way, in a bicameral way, Sherry Kaiman, Mark Powden, Jenny agreed to keep this bill in the Chamber meaning both the House and Senate, in Smulson, Heidi Scheuermann and so we could address those issues, and a Federal, State and local way, mean- Susan Hattan of my staff; that is what the American people ex- ing we worked very closely with the Townsend Lange and Denzel McGuire pect. We addressed it with very good, Governors, together we were able to with Senator GREGG; very strong debate, sometimes too pass legislation which, once it is signed Lori Meyer, Meredith Medley, and strong maybe, but we were able to by the President, can inure to the ben- Gus Puryear with Senator FRIST; work it out. And that bipartisanship in efit of millions of children within 6 Paul Palagyi with Senator DEWINE; coming together, again, is what the months or 8 months—millions of chil- Chad Calvert with Senator ENZI: Holly American people expect. I thank the dren. And that is nice. That is what Kuzmich with Senator HUTCHINSON; Ju- majority leader for allowing us to people expect Government to do; lian Hayes with Senator COLLINS; bring this to a resolution, to comple- produce in a spirit, in an environment Cherie Harder with Senator tion, to a product that we know will where you can work together to accom- BROWNBACK; Jim Brown with Senator benefit, as I said, millions of children plish the goals that we all care about. HAGEL; and Jim Hirni with Senator in the short term as well as the longer SESSIONS. A lot of people should be thanked, and again most of those names will be term. I also want to acknowledge the ex- I have to just briefly mention the traordinary assistance offered by Mark made a part of the RECORD, but I do want to recognize the coauthor and co- Governors because it has been a fantas- Sigurski with Senate Legislative Coun- tic relationship for me over the last sel, and Wayne Riddle with the Con- sponsor of this particular bill, Senator WYDEN, who just had the floor. month in that at least every day we, a gressional Research Service. Federal body, the Congress, the Senate, Mr. President, I also thank all of the Again, this is a bipartisan bill. Both were in touch with all of our Gov- staff here who have worked so many of us knew what our goals were. We ernors, Democrat and Republican. I hours to expeditiously pass this legisla- worked very hard on both sides. I ap- have talked to as many Democrat Gov- tion. preciate his support, his collegiality as ernors as I have Republican, and Amer- Mr. President, I yield the floor. we addressed these issues. Mr. FRIST addressed the Chair. As is so often the case, what we have ica doesn’t see that sort of interaction, The PRESIDING OFFICER. The Sen- accomplished in large part is as a re- but I think it is important for people ator from Tennessee. sult of the work of many staff mem- to hear because so many problems, Mr. FRIST. Mr. President, I, too, will bers, and I do want to take this oppor- whether they be welfare, health care, be very brief. tunity to thank the staff who were or education, demand that constant di- I believe that today has been almost most immediately involved over the alog and discussion about what we do a momentous day, and a very impor- last year and a half. My own staff of here at the Federal level, at the State tant day to set the stage, I believe, for Meredith Medley, Lori Meyer and Gus level, as well as the local level. the way, the manner, and the spirit in Puryear have literally been here with Senator VOINOVICH, who is new to which I hope to see a lot of legislation other staff members until early hours this body but a former Governor, spear- be addressed over the coming months of the morning each night. headed much of that. Governors Carper in the remainder of this Congress. Again, most everybody has been rec- of Delaware, Ridge of Pennsylvania, We started off with a bill that origi- ognized already, but I am going to take Leavitt of Utah, O’Bannon of Indiana, nated out of really a town meeting for- the liberty of going ahead and verbally and House Members Castle and Roemer March 11, 1999 CONGRESSIONAL RECORD — SENATE S2573 all played a major role and were sig- this legislation and to offer amend- where the bill might have appeared at nificant participants in what we have ments, if they have them. This is a some points to be partisan, with three accomplished today. very important defense initiative. I am votes on amendments being cast along With that, I think I will stop. I am pleased that we are going to be able to party lines. I am convinced that we had very excited about this particular bill. go straight to the bill, and I hope that a very strong bipartisan vote on final It accomplishes much in a way that I within short order next week we will be passage. At the same time that the think will really set that track for the able to get to the conclusion of this Senate will pass this Education Flexi- next several months as we consider very important national defense issue. bility Partnership Act, the House of other legislation. We do have a fresh I yield the floor. Representatives is working on similar start for education. It is a first step. It The PRESIDING OFFICER. The Sen- legislation, so it will be presented to does not address all the problems, all ator from Mississippi. the President for his signature, which the challenges in education, but it is a Mr. COCHRAN. Mr. President, let me we are optimistic of obtaining. major first step. thank the distinguished majority lead- I think it is important to note that I yield the floor. er for calling up the national missile there were important provisions in Mr. DOMENICI addressed the Chair. defense bill and also compliment the amendments offered by Members on The PRESIDING OFFICER. The Sen- Democratic leader for refraining from the other side of the aisle, where there ator from New Mexico. objecting to proceeding to consider this were good programs which can be (The remarks of Mr. DOMENICI per- bill at this time. taken up in due course. The program taining to the introduction of S. 595 are Senators may remember that this is for new teachers I think is a good idea. located in today’s record under ‘‘State- the bill that was brought up on two oc- The program for dropout prevention is ments on Introduced Bills and Joint casions during the last session of the another good idea. The program for Resolutions.’’) Senate and objections were made to afterschool provisions I think, again, is Mr. LOTT. Mr. President, I see the considering the bill, a motion to pro- sound and can be taken up at a later Senator from Pennsylvania may wish ceed to consider the bill was filed, and time. But had they been pressed on this to make a statement in a moment also, then it was necessary to file a cloture bill, we would have had gridlock and but if I could just do a couple of things motion to shut off debate to get to the this bill would not have been enacted. here. Last year, the President proposed First, before the Senators leave the bill. On both of those occasions we fell one vote short of invoking cloture on $1.2 billion as a starter for 100,000 new Chamber, the Senator from Tennessee teachers. That was accepted by the and the Senator from Oregon, I want to the motion to proceed to consider the bill. So this Senate has agreed to take Congress. Before the President came again thank them for their effort. It forward with that proposal, in the sub- was bipartisan because the Senator up this legislation without objection. This is progress, and we are very proud committee of Labor, Health, Human from Oregon, Mr WYDEN, made it so, to see this momentum to address this Services, and Education which I have stayed in there, worked with us, but I the privilege to chair, we had put pro- particularly wish to thank the Senator issue that is so important for the na- tional security interests of the United visions in for some $300 million which from Tennessee, Mr. FRIST, the doctor, States. would have provided for as many new who gave us an education. He took us teachers as could have been hired dur- to school. He used apples and informa- For the information of Senators, the operative part of this legislation is ing fiscal year 1999. The President tion and examples. He acted like a good came in with a bigger figure at a later teacher should. I congratulate him for simply a statement of policy as fol- lows: date. That was ultimately accepted by that. He even showed us how you could the Congress. use a scalpel to cut the redtape, and It is the policy of the United States to de- ploy as soon as is technologically possible an But I do think the idea for new that is what this Ed-Flex bill will do. teachers is a good idea. The question of So to the two Senators, I thank them effective National Missile Defense system ca- pable of defending the territory of the United how to fund it is always the tough for their leadership, for their work, for States against limited ballistic missile at- issue. Similarly, the proposals for drop- their persistence because they both tack (whether accidental, unauthorized, or out prevention and afterschool pro- have been heckling me about this bill deliberate). grams again are sound and it is a ques- for a year, and I am glad it is done. I I look forward to discussing ques- tion of finding the adequate funding for congratulate them for their effort. tions that Senators might pose about these kinds of important programs. f this bill when we reconvene on Mon- I believe the Senate spoke very loud- NATIONAL MISSILE DEFENSE ACT day. The Armed Services Committee ly and very emphatically on the ques- OF 1999 has considered it and reported it out tion of giving local school districts the without amendment, and we are ready choice as to whether to use the money Mr. LOTT. Mr. President, I ask unan- to proceed to consider the bill. We look for special education, or whether to use imous consent the Senate now turn to forward to discussing this important the money for new teachers, or what to S. 257, the Missile Defense Act. The PRESIDING OFFICER. The issue. use the money for. The local education clerk will report. f agencies were given that discretion on a vote of 61 to 38, where 6 Democrats The assistant legislative clerk read MORNING BUSINESS as follows: voted with 55 Republicans on that Mr. COCHRAN. Mr. President, I ask A bill (S. 257) to state the policy of the choice issue. Funding special education United States regarding the deployment of a unanimous consent that the Senate is a very major problem in America missile defense system capable of defending now have a period of morning business today. The Federal Government has the territory of the United States against with Senators permitted to speak for imposed a mandate on the States, and limited ballistic missile attack. up to 10 minutes each. the Supreme Court in a recent decision There being no objection, the Senate The PRESIDING OFFICER. Without has broadened the terms of that man- proceeded to consider the bill. objection, it is so ordered. date. Mr. LOTT. Mr. President, for the in- Mr. SPECTER addressed the Chair. In the subcommittee that I chair, formation of all Senators, then, the The PRESIDING OFFICER. The Sen- which funds education, we have pro- Senate will be able to have the initial ator from Pennsylvania. vided very substantial increases for statement by Senator COCHRAN, the f special education, but the Federal Gov- manager, tonight. We will resume the ernment has made a commitment for 40 missile defense bill on Monday, and it EDUCATION FLEXIBILITY percent funding and we are nowhere is our hope that an agreement can be PARTNERSHIP ACT near that. So when you talk about the reached on a time agreement and that Mr. SPECTER. Mr. President, I have priorities of more new teachers or amendments will be offered during sought recognition to comment on the money for special education, that mat- Monday’s session. important education bill which we ter was put to the Senate for a vote I urge that Members be present on passed on its substantive merits, and and, not strictly along party lines, the Monday to make their statements on also to speak briefly on the politics, Senate voted to have the option with S2574 CONGRESSIONAL RECORD — SENATE March 11, 1999 the local education agencies; with the has made a series of trips to my home won’t stand with his fellow Democrats vote being 61 to 38, some 6 Democrats State of Washington. His goals on in Washington State in support of the joined the 55 Republicans. these trips are simple: to raise money company. When he answers this one, he When the choice issue was articu- for his political campaigns; to recruit is either silent or he attacks and then lated along a slightly different line, supporters for his Presidential endeav- attempts to evade the question. the vote was 78 to 21, with some 23 ors; and to distract Washington State Here is a recent example of the Vice Democrats joining 55 Republicans. voters from the administration’s true President’s verbal dance when it comes That amendment also had provisions to agenda for the Pacific Northwest. to the issue of protecting Microsoft: keep the guns out of schools, which The Vice President’s visits to Wash- Last week, I admonished the adminis- was doubtless an incentive to make ington State are nothing new, but re- tration for its assault on that com- that a stronger bipartisan vote than on cently the administration, of which he pany. In responding to my statement, some of the others. is a vital leader, has chosen to adopt the Vice President’s spokeswoman said Two of the other amendments were 59 policies that pose a threat to the con- that I am ‘‘suffering from a Y2K bug’’ to 40, with 4 Democrats joining the Re- tinued vitality of our economy. Those and have forgotten all the wonderful publicans and, 57 to 42, 2 Democrats policies are aimed at the destruction of things AL GORE has done for Washing- joining—and although we did have 3 two of Washington State’s economic ton State. Specifically, the spokes- votes along party lines, 55 to 44, there crown jewels: our hydropower system woman cited hundreds of thousands of was a very definite bipartisan flavor to and Microsoft. new jobs, higher home ownership rates the votes on this matter. During the past year, I have wel- and lower welfare rolls, as if he were It is always difficult when we have comed the Vice President to Washing- responsible for them. votes which are 55 to 44, strictly along ton State by repeatedly asking him There was no answer to the central party lines, with the question being two questions: The first, Will you com- question—will you work to end the suit raised: Isn’t there any independence mit to the preservation of each of the against Microsoft? among 55 Republicans or the 44 Demo- dams on the Columbia and Snake Riv- There was another troubling side to crats? But the party line was adhered ers unless Congress or the people of the this statement. The Vice President, of to in order to get the bill passed, even Northwest agree to the removal of each course, was attempting to take credit though, as I say, in voting against new or all of them? The second question: for the booming economy in the State teachers, against dropout prevention Mr. Vice President, if you are elected that I represent. He should understand programs, and against afterschool pro- President, will you end the Justice De- that that success comes from the hun- grams—those are good ideas, and on partment’s suit against Microsoft? dreds of thousands of hard-working another day we will be able to take At first, these questions were an- Washingtonians, plus Microsoft and the them up. But if we were to maintain swered with silence. Now the Vice amazing group of entrepreneurs who these programs, I think this bill could President answers them with personal have developed new and better sys- not have been passed; if we had not attacks. Whether it is silence or per- tems, plus our natural resources, not drawn the line to focus on Ed-Flex in sonal attacks, the Vice President the least of which is our low-cost elec- this bill. makes clear that he does not intend to tricity, or all of the smaller high-tech The flexibility I think is a very good answer these two questions so fun- companies that have sprung up over- idea. The Federal Government funds damental to every family and commu- night. This success does not come from some 7 to 8 percent of the total fund- nity in the Northwest. These questions the Vice President. ing. Last year, again in the sub- deserve and should receive straight an- As to the specifics of the Justice De- committee, we increased the funding swers from the Vice President, and I partment’s case against Microsoft, the by about $3.5 billion, about 10 percent, will continue to ask them until the so-called high-tech Vice President says bringing the total Federal share to Vice President does so. he will not comment on or involve him- about $34.5 billion. But the principle of His silence, of course, is eloquent. self in the Justice Department’s case federalism continues to be sound, and Vice President GORE’s administration against the company. Can we believe that is that we ought to leave as much is responsible for the Microsoft lawsuit that as the administration’s point man to the States as we can and we ought and for a flatout refusal to subject dam on high-tech issues, he has no opinion to leave as much to the local education removal either to congressional au- whatsoever on the highest profile high- agencies as we can, with the people at thority or to the consent of the people tech issue before his administration— the local level knowing best what their of the Northwest. What is most illu- the future of Microsoft? I do not be- needs are. So if there is a limited minating is that the Vice President’s lieve it, nor does anyone else. amount of funding, let them make the silence and personal attacks in re- To claim that he is not involved in choice among special education or new sponse to these questions about dams an action spearheaded by his own ad- teachers or dropout prevention pro- and Microsoft run counter to positions ministration is unbelievable. When the grams or afterschool programs; leave it taken by top Democratic officeholders Vice President continually refuses to to the people who are closest to the in Washington State. When it comes to answer the question of whether or not problems. protecting dams on the Columbia he supports this attack, he has not So, all in all, there was a bit of par- River, our Democratic Governor and been straight with the people of the tisanship here but I think it was justi- Democratic U.S. Senator, two of the State of Washington. fied to get the bill passed—not too most powerful Democrats in Washing- There is a simple answer to the much, with only three votes being ton State, have already publicly op- Microsoft question. The answer is for along party lines—and deferring to an- posed efforts by national environ- the Vice President to tell us that if he other day the important programs mental organizations to take out dams. is elected President, he will stop the which were not enacted today, but But the Vice President is silent. Justice Department’s pursuit of Micro- maintaining a very important point of Last week I suggested that he had a soft. We Washingtonians are 3,000 miles flexibility to allow local education political motive. That is my opinion, away from the center of AL GORE’s uni- agencies to have the dominant voice in but, frankly, it doesn’t matter why he verse, but we know only too well that meeting their needs as they see them, pursues policies to dismantle our hydro the actions of this administration can being closest to them. system without being willing to say so have a long and detrimental impact on I yield the floor. openly. What matters is whether he our economy, our way of life and on The PRESIDING OFFICER. The Sen- will make his position clear. So who our future. We deserve more from the ator from Washington. loses out on the equation? The people Vice President than silence, distrac- f of Washington State, of course. And tion and personal attacks. then there is Microsoft. We will remember his silence on what ASSAULT ON WASHINGTON The good news is that most Demo- are perhaps the most important Fed- STATE’S CROWN JEWELS crats in Washington State have come eral public policy questions to face our Mr. GORTON. Mr. President, over the forward to defend Microsoft’s freedom State in years. We will remember his past few years, Vice President AL GORE to innovate, but the Vice President evasive comments. We will remember March 11, 1999 CONGRESSIONAL RECORD — SENATE S2575 his refusal to denounce or even com- seven billion, nine hundred nine mil- By Mr. KOHL (for himself and Mr. SES- ment on the antitrust case against lion) which reflects a debt increase of SIONS): Microsoft and his unwillingness to almost $3 trillion—$2,914,434,384,711.69 S. 586. A bill to amend title 11, United States Code, to limit the value of certain make clear his position on protecting (Two trillion, nine hundred fourteen real property that a debtor may elect to ex- Columbia and Snake River dams. I billion, four hundred thirty-four mil- empt under State or local law, and for other challenge the Vice President again lion, three hundred eighty-four thou- purposes; to the Committee on the Judici- today to tell us plainly whether he sup- sand, seven hundred eleven dollars and ary. ports this administration’s assault on sixty-nine cents) during the past 10 By Mr. ASHCROFT: two of Washington State’s economic years. S. 587. A bill to provide for the mandatory crown jewels. f suspension of Federal benefits to convicted Do you, Mr. Vice President, support drug traffickers, and for other purposes; to MESSAGES FROM THE HOUSE the Committee on the Judiciary. the Justice Department’s antitrust ac- By Mr. BUNNING: tion against Microsoft or not? And do At 12:41 p.m., a message from the S. 588. A bill to amend title II of the Social you, Mr. Vice President, support the ef- House of Representatives, delivered by Security Act to provide for retirement secu- forts by national environmental groups Mr. Hanrahan, one of its reading rity amounts funded by employee social se- to destroy dams on the Columbia and clerks, announced that the House has curity payroll deductions, to establish the Snake Rivers or not? passed the following bills, in which it Protect Social Security Account into which We in the Northwest await the Vice requests the concurrence of the Senate: the Secretary of the Treasury shall deposit budget surpluses until a reform measure is President’s answers, and you can be H.R. 540. An act to amend title XIX of the enacted to ensure the long-term solvency of Social Security Act to prohibit transfers or sure that so long as silence and eva- the OASDI trust funds, and for other pur- discharges of residents of nursing facilities siveness carry the day, I will continue poses; to the Committee on Finance. as a result of a voluntary withdrawal from to ask these questions. By Mr. HARKIN: participation in the Medicaid Program. f S. 589. A bill to require the National Park H.R. 800. An act to provide for education Service to undertake a study of the Loess RETIREMENT OF WILLIAM D. flexibility partnerships. Hills area in western Iowa to review options LACKEY, JR. The message also announced that the for the protection and interpretation of the Mr. LOTT. Mr. President, on Feb- House had passed the following bill, area’s natural, cultural, and historical re- ruary 28, 1999, the Senate said farewell without amendment: sources; to the Committee on Energy and Natural Resources. S. 447. An act to deem as timely filed, and to a valuable employee. William D. By Mr. FEINGOLD (for himself and Mr. process for payment, the applications sub- ‘‘Bill’’ Lackey, Jr., Journal Clerk of LEAHY): mitted by the Dodson Districts for certain the Senate, retired after 341⁄2 years of S. 590. A bill to amend the Internal Reve- service to the Senate. Impact Aid payments for fiscal year 1999. nue Code of 1986 to repeal the percentage de- Bill arrived at the Senate’s doorstep ENROLLED BILL SIGNED pletion allowance for certain hardrock on September 1, 1964, from North Caro- The message further announced that mines, and for other purposes; to the Com- lina. He served the Senate in a number the Speaker has signed the following mittee on Finance. enrolled bill: By Mr. GRASSLEY: of important capacities, including As- S. 591. A bill to authorize a feasibility sistant Executive Clerk, Bill Clerk, As- H.R. An act to nullify any reservation of study for the preservation of the Loess Hills sistant Parliamentarian, Assistant funds during fiscal year 1999 for guaranteed in western Iowa; to the Committee on En- Journal Clerk, and from 1987 to 1999, as loans under the Consolidated Farm and ergy and Natural Resources. Senate Journal Clerk. During the last Rural Development Act for qualified begging By Mr. BOND: farmers or ranchers, and for other purposes. 12 years, Bill was responsible for the S. 592. A bill to improve the health of chil- f production of the Senate Journal. This dren; to the Committee on Finance. By Mr. COVERDELL (for himself, Mr. role required that he sit at the dias MEASURES REFERRED TORRICELLI, and Mr. ABRAHAM): here on the Senate floor to record the The following bill was read the first S. 593. A bill to amend the Internal Reve- minutes of the Senate’s legislative pro- and second times by unanimous con- nue Code of 1986 to increase maximum tax- ceedings. His became a very familiar sent and referred as indicated: able income for the 15 percent rate bracket, face to us all. to provide a partial exclusion from gross in- H.R. 540. An act to amend title XIX of the Bill Lackey has been the source of come for dividends and interest received by Social Security Act to prohibit transfers or individuals, to provide a long-term capital wise and good counsel to many over discharges of residents of nursing facilities the years. We commend him for his gains deduction for individuals, to increase as a result of a voluntary withdrawal from the traditional IRA contribution limit, and outstanding service to the Senate and participation in the Medicaid Program; to for other purposes; to the Committee on Fi- the Nation, and wish him Godspeed as the Committee on Finance. nance. he returns to the beloved foothills of f By Mrs. FEINSTEIN: his native Shelby, NC. S. 594. A bill to ban the importation of MEASURES PLACED ON THE f large capacity ammunition feeding devices; CALENDAR to the Committee on the Judiciary. THE VERY BAD DEBT BOXSCORE The following bills were read the first By Mr. DOMENICI (for himself and Mr. Mr. HELMS. Mr. President, at the and second times and placed on the cal- INHOFE): endar: S. 595. A bill to amend the Internal Reve- close of business yesterday, Wednes- nue Code of 1986 to establish a graduated re- day, March 10, 1999, the federal debt H.R. 540. An act to amend title XIX of the sponse to shrinking domestic oil and gas pro- stood at $5,652,343,384,711.69 (Five tril- Social Security Act to prohibit transfers or duction and surging foreign oil imports, and lion, six hundred fifty-two billion, discharges of residents of nursing facilities for other purposes; to the Committee on Fi- three hundred forty-three million, as a result of a voluntary withdrawal from nance. three hundred eighty-four thousand, participation in the Medicaid Program. By Mrs. BOXER (for herself, Mr. DODD, H.R. 800. An act to provide for education and Mr. GRAMM): seven hundred eleven dollars and sixty- flexibility partnerships. nine cents). S. 596. A bill to provide that the annual f drug certification procedures under the For- One year ago, March 10, 1998, the fed- eign Assistance Act of 1961 not apply to cer- eral debt stood at $5,525,631,000,000 INTRODUCTION OF BILLS AND tain countries with which the United States (Five trillion, five hundred twenty-five JOINT RESOLUTIONS has bilateral agreements and other plans re- billion, six hundred thirty-one mil- The following bills and joint resolu- lating to counterdrug activities, and for lion). tions were introduced, read the first other purposes; to the Committee on Foreign Five years ago, March 10, 1994, the Relations. and second time by unanimous con- By Mr. SMITH of New Hampshire (for federal debt stood at $4,546,801,000,000 sent, and referred as indicated: (Four trillion, five hundred forty-six himself, Mr. INHOFE, Mr. BURNS, Mr. By Mrs. FEINSTEIN: ENZI, and Mr. MURKOWSKI): billion, eight hundred one million). S. 585. A bill to require health insurance S. 597. A bill to amend section 922 of chap- Ten years ago, March 10, 1989, the coverage for certain reconstructive surgery; ter 44 of title 28, United States Code, to pro- federal debt stood at $2,737,909,000,000 to the Committee on Health, Education, tect the right of citizens under the Second (Two trillion, seven hundred thirty- Labor, and Pensions. Amendment to the Constitution of the S2576 CONGRESSIONAL RECORD — SENATE March 11, 1999 United States; to the Committee on the Ju- ance, often managed care. Despite phy- ear and only after adverse press cov- diciary. sicians’ judgment that surgery is often erage reversed its position saying that, By Mr. SANTORUM; medically necessary, too many plans ‘‘It was determined that studies have S, 598. A bill to amend the Federal Agri- are labeling it ‘‘cosmetic surgery.’’ The show some functional improvement fol- culture Improvement and Reform Act of 1996 lowing surgery.’’ to improve the farmland protection program; American Medical News calls the to the Committee on Agriculture, Nutrition, HMO’s response that these surgeries Qual-Med, another California HMO, and Forestry. are cosmetic as, ‘‘a classic health plan denied coverage for reconstructive sur- By Mr. CHAFEE (for himself, Mr. word game. . . .’’ gery for a little boy without an ear, a HATCH, Mr. COCHRAN, Ms. SNOWE, Mr. Testifying before the California As- condition called microtia, and after ROBERTS, Mr. SPECTER, and Ms. COL- sembly Committee on Insurance, Dr. only many appeals and two years LINS): Henry Kawamoto put it well. He said: delay, authorized it. S. 599. A bill to amend the Internal Reve- The bill uses medically-recognized It used to be that if you were born with nue Code of 1986 to provide additional tax re- something deforming, or were in an accident terms to distinguish between medically lief to families to increase the affordability and had bad scars, the surgery performed to necessary surgery and cosmetic sur- of child care, and for other purposes; to the fix the problem was considered reconstruc- gery. It defines medically necessary re- Committee on Finance. tive surgery. Now, insurers of many kinds constructive surgery as surgery ‘‘per- By Mr. WELLSTONE: are calling it cosmetic surgery and refusing S. 600. A bill to combat the crime of inter- formed to correct or repair abnormal to pay for it. national trafficking and to protect the rights structures of the body caused by con- of victims; to the Committee on Foreign Re- The Los Angeles Times reported on genital defects, developmental abnor- lations. July 9, 1997, ‘‘There has been a virtual malities, trauma, infection, tumors, or By Mr. COCHRAN: wipeout of coverage to repair the ap- disease to (1) improve functions; or (2) S. 601. A bill to improve the foreign lan- pearance of children whose looks are give the patient a normal appearance, guage assistance program; to the Committee affected by illness, congenital abnor- to the extent possible, in the judgment on Health, Education, Labor, and Pensions. malities or trauma.’’ of the physician performing the sur- By Mr. SHELBY (for himself, Mr. Similarly, the New York University gery.’’ The bill specifically excludes BOND, Mr. COVERDELL, Mr. HAGEL, cosmetic surgery, defined as ‘‘surgery Mr. KYL, Mr. BURNS, Mr. GRAMM, Mr. Physician reported in their spring 1998 that is performed to alter or reshape ASHCROFT, Mr. THOMAS, Mr. ABRA- issue: HAM, Mr. GRASSLEY, Mr. HELMS, Mr. Before the advent of managed care, repair- normal structures of the body in order INHOFE, Mr. SESSIONS, Mr. GRAMS, ing abnormalites was considered reconstruc- to improve appearance.’’ Mr. COCHRAN, Mr. HUTCHINSON, and tive surgery and insurance companies reim- Examples of conditions for which sur- Ms. SNOWE): bursed for the medical, hospital and surgical gery might be medically necessary are S. 602. A bill to amend chapter 8 of title 5, costs of their rehabilitation. But in today’s the following: cleft lips and palates, United States Code, to provide for congres- reconfigured medical reimbursement system, burns, skull deformities, benign tu- sional review of any rule promulgated by the many insurance companies and managed mors, vascular lesions, missing pec- Internal Revenue Service that increases Fed- care organizations will not pay for recon- toral muscles that cause chest deformi- eral Revenue, and for other purposes; to the struction of facial deformities because it is ties, Crouson’s syndrome (failure of the Committee on Governmental Affairs. deemed a ‘‘cosmetic’’ and not a ‘‘functional’’ mid-face to develop normally), and in- By Mr. SHELBY: repair. S. 603. A bill to promote competition and juries from accidents. This bill is endorsed by the March of The American Society of Plastic and greater efficiency of airlines to ensure the Dimes, the American Academy of Pedi- rights of airline passengers, to provide for Reconstructive Surgeons has released a full disclosure to those passengers, and for atrics, the National Organization for survey on reconstructive surgery, con- other purposes; to the Committee on Com- Rare Disorders, the American Society cluding that 53.5 percent of surgeons merce, Science, and Transportation. of Plastic and Reconstructive Sur- surveyed have had pediatric patients f geons, the American College of Sur- who in the last two years were denied geons, the American Association of Pe- coverage for reconstructive surgery. Of SUBMISSION OF CONCURRENT AND diatric Plastic Surgeons, the American those same surgeons surveyed whose SENATE RESOLUTIONS Society of Craniofacial Surgery, the pediatric patients were totally or par- The following concurrent resolutions American Society of Maxillofacial Sur- tially denied coverage, 74 percent had and Senate resolutions were read, and geons, the American Society of Plastic patients denied for initial procedures referred (or acted upon), as indicated: and Reconstructive Surgeons and the and 53 percent denied for subsequent By Mr. MURKOWSKI (for himself, Mr. National Foundation for Facial Recon- procedures. Another reason for this bill is that TORRICELLI, Mr. LOTT, Mr. HELMS, struction. Mr. THOMAS, Mr. BURNS, Mr. KYL, The children who face refusals to pay only 17 out of 50 states have state legis- and Mr. ROCKEFELLER): for surgery are the true evidence that lation which requires insurance cov- S. Con. Res. 17. A concurrent resolution this bill is needed. erage for children’s deformities and concerning the 20th Anniversary of the Tai- Hanna Gremp, a 6-year old from my congenital defects. My own state, Cali- wan Relations Act; to the Committee on own state of California, was born with fornia, passed legislation in 1998 requir- Foreign Relations. a congenital birth defect, called bilat- ing insurance plans to cover medically f eral microtia, the absence of an inner necessary reconstructive surgery, and ear. Once the first stage of the surgery on September 23, 1998 it was signed by STATEMENTS ON INTRODUCED former Governor Pete Wilson. This bill BILLS AND JOINT RESOLUTIONS was complete, the Gremp’s HMO denied the next surgery for Hanna. They was enacted after many sad personal By Mrs. FEINSTEIN: called the other surgeries ‘‘cosmetic’’ stories, and hours of testimony were S. 585. A bill to require health insur- and not medically necessary. presented to the state legislators. ance coverage for certain reconstruc- Michael Hatfield, a 19-year old from This bill is an effort to address yet tive surgery; to the Committee on Texas, who has gone through similar one more development in the health in- surance industry that almost daily is Health, Education, Labor, and Pen- struggles. He was born with a congeni- creating new hassles when people try sions. tal birth defect, that is known as a to get coverage for the plan they pay RECONSTRUCTIVE SURGERY ACT OF 1999 midline facial cleft. The self-insured for every month. ∑ Mrs. FEINSTEIN. Mr. President, plan his parents had only paid for a We need our body parts to function today, I am introducing a bill to re- small portion of the surgery which re- and fortunately modern medicine quire health insurance plans to cover constructed his nose. The HMO also re- today often make that happen. We can medically necessary reconstructive fused to pay any part of the surgery restore, repair and make whole parts surgery for congenital defects, develop- that reconstructed his cheekbones and which by fate, accident, genes, or what- mental abnormalities, trauma, infec- eye sockets. The HMO considered some ever, do not perform as they should. I tion, tumors, or disease. of these surgeries to be ‘‘cosmetic.’’ hope this bill can make that happen.∑ This bill is modeled on a new Califor- Cigna Health Care denied coverage nia law and responds to the growing in- for surgery to construct an ear for a By Mr. KOHL (for himself, and cidence of denials of coverage by insur- little California girl born without an Mr. SESSIONS): March 11, 1999 CONGRESSIONAL RECORD — SENATE S2577 S. 586. A bill to amend title 11, off most of $300 million in bankruptcy ance for those who would attempt to United States Code, to limit the value claims, but still held on to the multi- ruin our children’s lives through the of certain real property that a debtor million dollar ranch he bought in Flor- scourge of illegal drugs. The govern- may elect to exempt under State or ida. A convicted Wall Street financier ment must speak clearly and unequivo- local law, and for other purposes to the filed bankruptcy while owing at least cally. Trafficking in illegal drugs will Committee on the Judiciary. $50 million in debts and fines, but still not be tolerated. BANKRUPTCY ABUSE REFORM ACT OF 1999 kept his $5 million Florida mansion However, we will not succeed in con- Mr. KOHL. Mr. President, I rise with 11 bedrooms and 21 bathrooms. vincing either drug dealers or our chil- today, with Senator SESSIONS, to intro- And just last year, movie star Burt dren that we are serious about the war duce the bipartisan Bankruptcy Abuse Reynolds wrote off over $8 million in on drugs if we send them mixed mes- Reform Act of 1999, legislation which debt through bankruptcy, but still held sages. One mixed message sent by cur- addresses a serious problem that onto his $2.5 million Florida estate. rent law is that convicted drug dealers threatens Americans’ confidence in our These deadbeats stay wealthy while le- remain eligible for federal government bankruptcy laws. The measure would gitimate creditors—including the U.S. benefits. We need to change that prac- cap at $100,000 the State homestead ex- Government—get the short end of the tice. emption that an individual filing for stick. Mr. President, the bill I introduce personal bankruptcy can claim. It Simply put, the current practice is today, the ‘‘No Federal Benefits for passed the Senate last year when it grossly unfair and contravenes the in- Drug Traffickers Act’’ requires the sus- was included in the Consumer Bank- tent of our laws: People are supposed pension of federal benefits to convicted ruptcy Reform Act of 1998 (H.R. 3150), to get a fresh start, not a head start, drug traffickers. This bill will send a and I hope that we can all support this under the Bankruptcy Code. clear message that we mean what we measure again this year. The goal of Mr. President, the legislation that I say in the war against drugs. Current our measure is simple but vitally im- have introduced today is simple, effec- federal law provides for the denial of portant: to make sure that our Bank- tive and straightforward. It caps the federal benefits (excluding certain pro- ruptcy Code is more than just a homestead exemption at $100,000, which grams like food stamps, aid to families beachball for crooked millionaires who is far more than estimated median with dependent children, and approved want to hide their assets. home equity of people in bankruptcy. drug treatment programs) for individ- Let me tell you why this legislation It is endorsed by the National Bank- uals convicted of drug trafficking of- is critically needed. In chapter 7 Fed- ruptcy Review Commission. And it will fenses. Unfortunately, however, the eral personal bankruptcy proceedings, protect middle class Americans while law gives judges unlimited discretion the debtor is allowed to exempt certain preventing the abuses that are making to decide whether or not to suspend a possessions and interests from being the middle class question the integrity convicted drug trafficker’s federal ben- used to satisfy his outstanding debts. of our laws—the abuses the average efits. For example, under current law a One of the chief things that a debtor American taxpayer is paying for out of repeat offender could retain his full seeks to protect is his home, and I federal benefits. pocket. agree with that in principle. Few ques- The ‘‘No Federal Benefits for Drug Indeed, it is even generous to debt- tion that debtors should be able to Traffickers Act’’ addresses this loop- ors. Less than ten states have a home- keep a roof over their heads. But, in hole in the current law by mandating stead exemption that exceeds $100,000. practice, this homestead exemption has the suspension of a convicted drug traf- More than two-thirds of states cap the become a source of great abuse. ficker’s federal benefits for at least a exemption at $40,000 or less. My own Under section 522 of the Code, a debt- minimum period of time. Specifically, or may opt to exempt his home accord- home state of Wisconsin has a $40,000 the bill requires the suspension of a ing to local, State, or Federal bank- exemption and that, in my opinion, is convicted drug offender’s federal bene- ruptcy provisions. The Federal exemp- more than sufficient. fits for a minimum of one year. The Mr. President, this proposal is an ef- tion allows the debtor to shield up to bill also mandates suspension of bene- $15,000 of value in his house. The State fort to make our bankruptcy laws more fits for at least three years upon a sec- exemptions vary tremendously: some equitable. I urge my colleagues to sup- ond conviction. States do not allow the debtor to ex- port this important measure. In addition, the bill closes a loophole empt any of his home’s value, while a that allowed drug trafficker who were By Mr. ASHCROFT: handful of states set no ceiling and S. 587. A bill to provide for the man- supposed to be barred from receiving allow an unlimited exemption. The datory suspension of Federal benefits federal benefits for life because of three vast majority of states have exemp- to convicted drug traffickers, and for separate drug trafficking convictions tions under $40,000. to regain their eligibility for federal other purposes; to the Committee on Our proposal would amend Section benefits. Once again we need to make the Judiciary. 522 to cap State exemptions so that no our message clear and unmistakable. debtor could ever exempt more than NO FEDERAL BENEFITS FOR DRUG TRAFFICKERS Under the bill I introduce today, life ACT OF 1999 $100,000 of the value of his home. means life and it is truly three strikes Mr. ASHCROFT. Mr. President, the Mr. President, in the past few years, and you’re out. the ability of debtors to use State time for mixed messages in our war This is what we need in the war homestead exemptions has led to fla- against drugs has passed. There was a against drugs—a clear message. Those grant abuses of the Bankruptcy Code. time when our message on illegal drugs who choose to traffic in drugs have no Multimillionaire debtors have moved was crystal clear. ‘‘Just say no.’’ The legitimate claim to federal benefits. to one of the states with unlimited ex- results of that simple message were This is common sense. There is no need emptions—most often Florida or also clear: The decade of the 1980’s saw for exceptions or discretion. There is a Texas—bought multi-million-dollar substantial and persistent decreases in need for clarity, and this bill provides houses, and continued to live like the level of drug use, and in the level of that clarity. kings even after declaring bankruptcy. teenage drug use in particular. Sadly, This shameless manipulation of the however, the current Administration By Mr. HARKIN: Bankruptcy Code cheats honest credi- has offered America and its children a S. 589. A bill to require the National tors out of compensation and rewards mixed message on drugs. Park Service to undertake a study of only those who can ‘‘game’’ the sys- The President himself has shifted the the Loess Hills area in western Iowa to tem. Oftentimes, the creditor who is message from ‘‘just say no’’ to ‘‘just review options for the protection and robbed is the American taxpayer. In re- don’t inhale.’’ Even the head of the interpretation of the area’s natural, cent years, S&L swindlers, convicted Drug Enforcement Agency candidly has cultural, and historical resources; to insider trader convicts, and others admitted that in the current climate the Committee on Energy and Natural have managed to protect their ill-got- we lack the will to win the war against Resources. ten gains through this loophole. drugs. This is intolerable. We must re- LOESS HILLS PRESERVATION ACT OF 1999 The owner of a failed Ohio S&L, who turn to a clear message in the war Mr. HARKIN. Mr. President, today, I was convicted of securities fraud, wrote against drugs—a message of zero toler- am introducing legislation calling S2578 CONGRESSIONAL RECORD — SENATE March 11, 1999 upon the National Park Service to con- S. 589 By Mr. FEINGOLD (for himself duct a study of the Loess Hills in west- Be it enacted by the Senate and House of Rep- and Mr. LEAHY): ern Iowa. This study would be the first resentatives of the United States of America in S. 590. A bill to amend the Internal official step towards possible national Congress assembled, Revenue Code of 1986 to repeal the per- protection for the Loess Hills. SECTION 1. SHORT TITLE. centage depletion allowance for certain Specifically, this legislation would This Act may be cited as the ‘‘Loess Hills hardrock mines, and for other pur- Preservation Act of 1999’’. require the National Park Service to poses; to the Committee on Finance. SEC. 2. FINDINGS. ELIMINATION OF DOUBLE SUBSIDIES FOR THE monitor the area between Waubansie The Congress finds that— HARDROCK MINING INDUSTRY ACT OF 1999 State Park and Stone Park to study (1) The Loess Hills area in western Iowa, the possibility of a portion of this area formed by ancient glaciers and hundreds of Mr. FEINGOLD. Mr. President, I am to receive National Park status. centuries of westerly winds blowing across pleased to introduce legislation to Loess Hills is a unique national the Missouri River, has resulted in the larg- eliminate from the federal tax code treasure that was formed by ancient est loess formation in the United States, and percentage depletion allowances for glaciers and hundreds of centuries of one of the two largest in the world; hardrock minerals mined on federal (2) portions of the Loess Hills remain unde- westerly winds. Only the loess soil in public lands. I am joined in introducing veloped and provide an important oppor- this legislation by my colleague from China has accumulated as high as tunity to protect an historic and unique nat- Iowa’s. Although these hills have sur- ural resource; Vermont, Mr. LEAHY. vived for hundreds of centuries, today (3) a program to study the Loess Hills can The President proposes the elimi- they are beginning to crumble. Urban only be successfully implemented with the nation of the percentage depletion al- sprawl is unfortunately beginning to cooperation and participation of affected lowance on public lands in his FY 2000 take its toll on Loess Hills. Protecting local governments and landowners; budget. The President’s FY 2000 budget (4) in 1986, the Loess Hills area was des- estimates that, under this legislation, this area must be given a high priority. ignated as a National Natural Landmark in In 1986, the Loess Hills area was des- income to the federal treasury from recognition of the area’s nationally signifi- the elimination of percentage depletion ignated as a National Natural Land- cant natural resources; mark by the National Park Service. (5) although significant natural resources allowances for hardrock mining on This gives recognition to this area as remain in the area, increasing development public lands would total $478 million an area of national significance. Al- in the area has threatened the future stabil- over five years, more than $95 million though this designation encourages ity and integrity of the Loess Hills area; and in this year alone. These savings are (6) the Loess Hills area merits further calculated as the excess amount of fed- landowners to use conservation prac- study by the National Park Service, in co- tices in use of the area, this designa- eral revenues above what would be col- operation with the State of Iowa, local gov- lected if depletion allowances were lim- tion does nothing to control land own- ernments, and affected landowners, to deter- ership or to restrict land use. mine appropriate means to better protect, ited to ‘‘sunk costs’’ in capital invest- The only thing holding the loess in preserve, and interpret the significant re- ments. Percentage depletion allow- place is the roots of the vegetation. sources in the area; ances are contained in the tax code for Today, however, as the human exploi- SEC. 3. DEFINITIONS. extracted fuel, minerals, metal and tation of the hills continues to increase As used in this Act— other mined commodities. These allow- (1) the term ‘‘Loess Hills’’ means the area the destruction of the vegetation, loess ances have a combined value, accord- in the State of Iowa located between ing to 1994 estimates by the Joint Com- is left once again blowing in the winds Waubansie State Park and Stone Park, and as the fragile hills begins to flatten. mittee on Taxation, of $4.8 billion. which includes Plymouth, Woodbury, Mr. President, these percentage de- This is of great concern to me. This Monona, Harrison, Pottawattamie, Mills, pletion allowances were initiated by area which marks one of the only re- and Fremont counties. (2) the term ‘‘Secretary’’ means the Sec- the Corporation Excise Act of 1909. maining natural ecosystems in the That’s right, 1909. Provisions for a de- state is one of the few areas where retary of the Interior. (3) the term ‘‘State’’ means the State of pletion allowance based on the value of Iowans can experience nature. Iowa Iowa. the mine were made under a 1912 Treas- presently ranks 49th among the 50 SEC. 4. LOESS HILLS STUDY. ury Department regulation, but dif- states in National Park and Forest (a) The Secretary shall undertake a study ficulty in applying this accounting space. Iowa is also 400 miles away from of the Loess Hills area to review options for principle to mineral production led to a sizable national recreation area (the the protection and interpretation of the the initial codification of the mineral area’s natural, cultural, and historical re- Boundary Waters Canoe Area). The depletion allowance in the Tariff Act of Loess Hills, however, is an area of na- sources. The study shall include, but need not be limited to an analysis of the suit- 1913. The Revenue Act of 1926 estab- tional significance and has the poten- lished percentage depletion much in its tial to be a much needed National Park ability and feasibility of designating the area as— present form for oil and gas. The per- for the Plains States. (1) a unit of the National Park System; centage depletion allowance was then Mr. President, since 1992, I have se- (2) a National Heritage Area or Heritage extended to metal mines, coal, and cured funding through the United Corridor; or other hardrock minerals by the Reve- States Department of Agriculture to (3) such other designation as may be appro- priate. nue Act of 1932, and has been adjusted design better bridges and other struc- several times since. tures in the Loess Hills area to reduce (b) The study shall examine the appro- priateness and feasibility of cooperative pro- Percentage depletion allowances soil erosion. But more needs to be tection and interpretive efforts between the were historically placed in the tax code done. United States, the State, and its political to reduce the effective tax rates in the One thing I would like to make subdivisions. mineral and extraction industries far clear—this study can only be success- (c) The Secretary shall consult in the prep- below tax rates on other industries, fully implemented with the participa- aration of the study with State and local providing incentives to increase invest- governmental entities, affected landowners, tion of local governments in western ment, exploration and output. How- Iowa and private property owners. and other interested public and private orga- nizations and individuals. ever, percentage depletion also makes The Loess Hills are an Iowa treasure. (d) The study shall be completed within it possible to recover many times the This legislation would begin the proc- one year after the date funds are made avail- amount of the original investment. ess of making Loess Hills a national able. Upon its completion, the Secretary There are two methods of calculating treasure. shall transmit a report of the study, along a deduction to allow a firm to recover I invite my colleagues to join me as with any recommendations, to the Commit- the costs of their capital investment: co-sponsors of this much needed legis- tee on Energy and Natural Resources of the cost depletion, and percentage deple- lation. Mr. President, I ask unanimous United States Senate and the Committee on Resources of the United States House of Rep- tion. Cost depletion allows for the re- consent that the text of the bill be resentatives. covery of the actual capital invest- ECORD printed in the R . SEC. 5. AUTHORIZATION OF APPROPRIATIONS. ment—the costs of discovering, pur- There being no objection, the bill was There is authorized to be appropriated chasing, and developing a mineral re- ordered to be printed in the RECORD, as such sums as may be necessary to carry out serve—over the period during which follows: this Act. the reserve produces income. Using March 11, 1999 CONGRESSIONAL RECORD — SENATE S2579 cost depletion, a company would de- ment-driven incentive for enhanced ‘‘(ii) sealing, filling, and grading aban- duct a portion of its original capital in- mineral production, there is now suffi- doned deep mine entries, vestment minus any previous deduc- cient reason to adopt a more reason- ‘‘(iii) planting on lands adversely affected tions, in an amount that is equal to the able depletion allowance that is con- by mining to prevent erosion and sedimenta- fraction of the remaining recoverable tion, sistent with those given to other busi- ‘‘(iv) prevention, abatement, treatment, reserves. Under this method, the total nesses. and control of water pollution created by deductions cannot exceed the original Mr. President, the time has come for abandoned mine drainage, and capital investment. the Federal Government to get out of ‘‘(v) control of surface subsidence due to However, under percentage depletion, the business of subsidizing business. We abandoned deep mines, and the deduction for recovery of a compa- can no longer afford its costs in dollars ‘‘(B) the expenses necessary to accomplish ny’s investment is a fixed percentage of or its cost to the health of our citizens. the purposes of this section. ‘‘gross income’’—namely, sales reve- This legislation is one step toward the ‘‘(2) LANDS AND WATER RESOURCES.— nue—from the sale of the mineral. goal of ending these corporate welfare ‘‘(A) IN GENERAL.—The lands and water re- Under this method, total deductions sources described in this paragraph are lands subsidies. within States that have land and water re- typically exceed, let me be clear on I ask unanimous consent that a copy sources subject to the general mining laws or that point, Mr. President, exceed the of the legislation be printed in the lands patented under the general mining capital that the company invested. RECORD. laws— The rates for percentage depletion There being no objection, the bill was ‘‘(i) which were mined or processed for are quite significant. Section 613 of the ordered to be printed in the RECORD, as minerals and mineral materials or which U.S. Code contains depletion allow- follows: were affected by such mining or processing, ances for more than 70 metals and min- S. 590 and abandoned or left in an inadequate rec- lamation status before the date of the enact- erals, at rates ranging from 10 percent Be it enacted by the Senate and House of Rep- to 22 percent. ment of this section, resentatives of the United States of America in ‘‘(ii) for which the Secretary of the Inte- In addition to repealing the percent- Congress assembled, age depletion allowances for minerals rior makes a determination that there is no SECTION 1. SHORT TITLE. continuing reclamation responsibility under mined on public lands, Mr. President, This Act may be cited as the ‘‘Elimination State or Federal law, and my bill also creates a new fund, called of Double Subsidies for the Hardrock Mining ‘‘(iii) for which it can be established to the the Abandoned Mine Reclamation Industry Act of 1999’’. satisfaction of the Secretary of the Interior Fund. One fourth of the revenue raised SEC. 2. REPEAL OF PERCENTAGE DEPLETION AL- that such lands or resources do not contain by the bill, or approximately $120 mil- LOWANCE FOR CERTAIN HARDROCK minerals which could economically be ex- MINES. tracted through remining of such lands or re- lion dollars, will be deposited into an (a) IN GENERAL.—Section 613(a) of the In- sources. interest bearing fund in the Treasury ternal Revenue Code of 1986 (relating to per- ‘‘(B) CERTAIN SITES AND AREAS EXCLUDED.— to be used to clean up abandoned centage depletion) is amended by inserting The lands and water resources described in hardrock mines in states that are sub- ‘‘(other than hardrock mines located on this paragraph shall not include sites and lands subject to the general mining laws or ject to the 1872 Mining Law. Mineral areas which are designated for remedial ac- on land patented under the general mining Policy Center estimates that there are tion under the Uranium Mill Tailings Radi- laws)’’ after ‘‘In the case of the mines’’. 557,650 hardrock abandoned mine sites ation Control Act of 1978 (42 U.S.C. 7901 et (b) GENERAL MINING LAWS DEFINED.—Sec- nationwide and the cost of cleaning seq.) or which are listed for remedial action tion 613 of the Internal Revenue Code of 1986 under the Comprehensive Environmental Re- them up will range from $32.7 billion to is amended by adding at the end the follow- sponse Compensation and Liability Act of $71.5 billion. ing: 1980 (42 U.S.C. 9601 et seq.). There are currently no comprehen- ‘‘(f) GENERAL MINING LAWS.—For purposes sive federal or state programs to ad- of subsection (a), the term ‘general mining ‘‘(3) GENERAL MINING LAWS.—For purposes dress the need to clean up old mine laws’ means those Acts which generally com- of paragraph (2), the term ‘general mining laws’ means those Acts which generally com- sites. Reclaiming these sites requires prise chapters 2, 12A, and 16, and sections 161 and 162 of title 30 of the United States Code.’’ prise chapters 2, 12A, and 16, and sections 161 the enactment of a program with ex- and 162 of title 30 of the United States Code.’’ plicit authority to clean up abandoned (c) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable (b) CONFORMING AMENDMENT.—The table of mine sites and the resources to do it. years beginning after December 31, 1998. sections for subchapter A of chapter 98 of the My legislation is a first step toward Internal Revenue Code of 1986 is amended by SEC. 3. ABANDONED MINE RECLAMATION FUND. adding at the end the following: providing the needed authority and re- (a) IN GENERAL.—Subchapter A of chapter sources. 98 of the Internal Revenue Code of 1986 (re- ‘‘Sec. 9511. Abandoned Mine Reclamation Mr. President, in today’s budget cli- lating to establishment of trust funds) is Trust Fund.’’ mate we are faced with the question of amended by adding at the end the following: who should bear the costs of explo- ‘‘SEC. 9511. ABANDONED MINE RECLAMATION By Mr. BOND: ration, development, and production of FUND. S. 592. A bill to improve the health of natural resources: all taxpayers, or the ‘‘(a) CREATION OF TRUST FUND.—There is children; to the Committee on Finance. established in the Treasury of the United users and producers of the resource? HEALTHY KIDS 2000 ACT States a trust fund to be known as the For more than a century, the mining ‘Abandoned Mine Reclamation Trust Fund’ Mr. BOND. Mr. President, one year industry has been paying next to noth- (in this section referred to as ‘Trust Fund’), ago today, the Birth Defects Preven- ing for the privilege of extracting min- consisting of such amounts as may be appro- tion Act passed the House of Rep- erals from public lands and then aban- priated or credited to the Trust Fund as pro- resentatives, clearing its way for the doning its mines. Now those mines are vided in this section or section 9602(b). President’s signature. adding to the nation’s environmental ‘‘(b) TRANSFERS TO TRUST FUND.—There With this new funding, the Centers and financial burdens. We face serious are hereby appropriated to the Trust Fund for Disease Control has implemented a budget choices this fiscal year, yet amounts equivalent to 25 percent of the addi- national strategy, in conjunction with these subsidies remain a persistent tax tional revenues received in the Treasury by the States and local organizations such reason of the amendments made by section 2 expenditure that raise the deficit for of the Elimination of Double Subsidies for as the March of Dimes, to prevent the all citizens or shift a greater tax bur- the Hardrock Mining Industry Act of 1999. devastating incidence of birth defects. den to other taxpayers to compensate ‘‘(c) EXPENDITURES FROM TRUST FUND.— Building upon that success, today I for the special tax breaks provided to ‘‘(1) IN GENERAL.—Amounts in the Trust rise to introduce the Healthy Kids 2000 the mining industry. Fund shall be available, as provided in appro- Act—comprehensive approach which Mr. President, the measure I am in- priation Acts, to the Secretary of the Inte- addresses the broad spectrum of health troducing is fairly straightforward. It rior for— issues affecting our nation’s children. eliminates the percentage depletion al- ‘‘(A) the reclamation and restoration of And I want to thank the March of lowance for hardrock minerals mined lands and water resources described in para- Dimes and the National Association of graph (2) adversely affected by mineral Children’s Hospitals for supporting me on public lands while continuing to (other than coal and fluid minerals) and min- allow companies to recover reasonable eral material mining, including— in this effort to improve the health of cost depletion. ‘‘(i) reclamation and restoration of aban- our nation’s children and pregnant Though at one time there may have doned surface mine areas and abandoned women as we move into the new mil- been an appropriate role for a govern- milling and processing areas, lennium. S2580 CONGRESSIONAL RECORD — SENATE March 11, 1999 I also want to thank my colleague in the U.S. today are not approved by your new ‘‘Healthy Kids 200 Act,’’ legislation from Ohio, MIKE DEWINE, for his work the FDA for use by children under 12 that knits together several important indi- on children’s health issues, and for al- because studies have not been con- vidual initiatives to improve the health and well-being of our nation’s children. lowing me to adopt some of his ideas ducted to document their safety or This legislation takes a comprehensive ap- for inclusion in this bill. Senator whether or not they work for children. proach to addressing barriers and obstacles, DEWINE has been a dedicated leader on That is a terrible disservice to the both health system and governmental, that children’s health, and has been essen- young people of our country who may families and pediatric providers encounter in tial to the development of the sections need the relief of a particular prescrip- improving the health care of children. Its of this bill that focus on poison control tion drug. focus on strengthening health coverage, centers and pediatric research within This bill will also consolidate pro- graduate medical education, research, and the National Institutes of Health. grams and provide more funds for local public health protections for children clearly I am struck, every time I go into the initiatives to prevent birth defects and reflects the children’s hospitals’ own four- fold missions of clinical care, education, re- neonatal wards across my home state maternal mortality. search, and public health advocacy for child of Missouri, at the tiny one and two 150,000 infants are born each year health. Together, they are essential to the pound babies, hooked up to monitors with a serious birth defect, and birth ability of communities to meet the unique and tubes and looking so helpless. defects are still the leading cause of in- health care needs of their children. Many of them will survive; a few may fant death. During the 1990s we have CHILDREN’S HEALTH COVERAGE not. My first thought is always one of witnessed an increase in maternal This legislation recognizes that the pre- thanks that I have been blessed with a death during pregnancy and childbirth. scription for good, comprehensive health very healthy son. There is no question that we need bet- care for children is not only health insurance The good news is that we are making ter approaches to ensure that women coverage but also quality and access to care. progress in preventing diseases and in have healthier, safe pregnancies, and The ‘‘Healthy Kids 200 Act’’ would provide making sick and injured children well. healthier babies. And my bill will help important health care protections for chil- dren as well as enable providers, profes- Healing never thought possible a few fund these vital prevention strategies. sionals, systems, and workers to assure im- years ago for those who are burn vic- This bill will also ensure direct ac- proved quality of health care for children. tims, or born with birth defects, or cess to obstetric care, and direct access By providing families access to providers trauma victims, or even cancer pa- to pediatric care. Children have health that specialize in pediatrics for the care de- tients, now occurs on a daily basis needs that are very different than livered to their children, the legislation around our country. those of the adult population. Diseases takes the important step of ensuring that The question about how to finance and medications behave differently children receive health care in the most ap- propriate setting and condition possible. health care and how to improve access than in adults, and when children are The legislation recognizes that, as the to and the quality of health care, how- treated, it should be by those who un- President’s Advisory Commission on Con- ever, are the hottest challenges we face derstand those differences. sumer Protection and Quality in the Health as a nation. Finally, this initiative will assist Care Industry writes, ‘‘[c]hildren have health There are some things we can all children’s hospitals in educating the and development needs that are markedly agree on: that the care and well-being next generation of pediatricians. Even different from adults and require age-appro- of our children should come first, par- with strapped budgets, teaching chil- priate care. Developmental changes, depend- ticularly those who are ill. Prenatal dren’s hospitals offer the more egali- ency on others, and different patterns of ill- care is also paramount, because a great ness, disability and injury require that at- tarian health care in this country. tention be paid to the unique needs of chil- deal of child health is determined in These hospitals turn no one away. And dren in the health system.’’ the womb. it is essential that we support this In addition, the legislation improves upon Thus as a nation, we must stand up noble mission by equipping children’s the State Children’s Health Insurance Pro- and speak for those who cannot speak hospitals with the tools to continue gram (SCHIP) by allowing states the option for themselves. their educational and research efforts. to use SCHIP to provide health insurance That is why I am introducing the So much of the most important work coverage for pregnant women. The linkages ‘‘Healthy Kids 2000 Act.’’ The idea be- in our society goes unnoticed, and between prenatal care and healthy children hind it is simple: we want pregnant have long been understood in American so- unrewarded. Saving the lives of our cial policy, including Medicaid, the Maternal women to be healthy, and we want children, improving the health of our and Child Health Block Grant and WIC. As children to be healthy. So we are going children, even caring for our children the GAO found in its report Health Insur- to remove some of the barriers they en- on a daily basis is not glamorous work, ance; Coverage Leads to Increased Health counter in receiving good, appropriate or sometimes even all that much fun. Care Access for Children, Medicaid coverage health care. Doctors, nurses, mothers, fathers, of maternal and child health improves health This bill will give States the flexibil- child-care workers and teachers are care access but also decreases infant and ity to enroll eligible pregnant women performing the most difficult, and the child mortality. in the State Children’s Health Insur- For these reasons, N.A.C.H. supports giving most important, work of our society: states the option of covering low income, un- ance Program (CHIP) and to coordinate raising up the next generation to be insured pregnant women through SCHIP, as essential outreach efforts to enroll happy, healthy, and productive citi- well as the bill’s provision to establish auto- qualified children. This program has zens. matic enrollment of their infants upon birth already been funded by Congress to as- We must assist them in their efforts, through that critical first year of life. sist 10 million children whose families and we can take a positive step by de- PEDIATRIC EDUCATION lack health insurance. These children bating and enacting Healthy Kids 2000. N.A.C.H. applauds you for including in the are eligible to receive basic health care Mr. President, I ask unanimous con- ‘‘Healthy Kids 2000 Act’’ the commitment to services like immunizations and anti- sent that letters of support be printed commensurate federal graduate medical edu- biotics for ear infections, but pregnant in the RECORD. cation support for independent children’s women are not now eligible. Since so There being no objection, the letters hospitals proposed by the ‘‘Children’s Hos- much of a child’s health is determined pitals Education and Research Act,’’ which were ordered to be printed in the you have twice co-sponsored with Senator in the womb, it is imperative that low- RECORD, as follows: Bob Kerrey (D–MO). Through the establish- income pregnant women receive qual- NATIONAL ASSOCIATION OF ment of a capped time-limited fund, the leg- ity prenatal care. CHILDREN’S HOSPITALS, islation would go a long way toward provid- Similarly, we need to ensure that the Alexandria, VA, March 9, 1999. ing a more equitable competitive playing National Institutes of Health research Hon. CHRISTOPHER ‘‘KIT’’ BOND, field for independent children’s hospitals. machine is focusing on diseases and U.S. Senate, Russell Senate Office Building, Like all teaching hospitals, children’s hos- conditions which afflict our nation’s Washington, DC. pitals receive less and less support for their children, such as birth defects, SIDS, DEAR SENATOR BOND: The National Asso- graduate medical education (GME) programs ciation of Children’s Hospitals (N.A.C.H.), from most insurers. Unlike other teaching cystic fibrosis, juvenile diabetes, and which represents more than 100 children’s hospitals, independent children’s hospitals arthritis, just to name a few. A simple hospitals across the country, strongly sup- receive virtually no support for GME from statistic will highlight this need: 80% ports your efforts to address the full spec- the one remaining, stable source of GME of prescription medications marketed trum of children’s health care needs through support—the Medicare program—because March 11, 1999 CONGRESSIONAL RECORD — SENATE S2581 they serve children, not the elderly. Yet, gible pregnant women through the new State middle-class families have been these hospitals play a critical role in train- Children’s Health Insurance Program (S– squeezed to the point where they live ing the next generation of health care pro- CHIP) is an important step to take. If en- paycheck to paycheck without the op- viders for children. Although they represent acted, this provision would help provide tion of saving for the future. less than one percent of all hospitals, they women the prenatal and maternity care they Today, the Nation’s economy re- train nearly 30 percent of all pediatricians need to have healthy, full term babies. The and nearly half of all pediatric subspecial- March of Dimes strongly supports access to mains the envy of the world. The ists. prenatal care. Because of the Foundation’s United States has the first federal PEDIATRIC RESEARCH concern that more than 350,000 women do not budget surplus in thirty years, unem- As centers of research devoted to improv- have access to these needed services, the ployment is down and the stock mar- ing the prevention, diagnosis, treatment, and Foundation has identified the expansion of ket is up, but there are troubling signs evaluation of children’s illnesses and condi- S–CHIP to cover pregnant women as one of on the horizon. Manufacturing activity tions, children’s hospitals very much appre- its highest federal legislative priorities for slowed in December for the seventh ciate your efforts to bring new visibility the 1999. straight month, dropping to its lowest need for increased NIH investment in pedi- The Foundation is also pleased to support the ‘‘Pediatric Public Health Promotion’’ level in almost eight years as global atric biomedical research overall and in pe- economic problems continued to hinder diatric research training in particular. While provision that would establish a National there are a variety of ways to structure this Center for Birth Defects Research and Pre- exports. At the same time, personal increased investment in NIH, we know that vention at the Centers for Disease Control savings are at Depression-era lows. you share our conviction that in the end, the and Prevention. This change in law would In 1982, families saved nine percent of result must be a real increase in total sup- elevate the visibility of the birth defects ac- their personal income. In 1992, it was port for pediatric research. Its purpose tivities of the CDC, authorized by the Birth between five and six percent. Last should be to stimulate significant additional Defects Prevention Act (P.L. 105–168), which you guided to enactment in 1998. As you year, it was one-half of one percent and pediatric research investment and growth in headed into the red. Personal savings is the number of researchers focusing on chil- know, for many years the March of Dimes has been a strong supporter of federal birth so important because it helps prepare dren’s health, not to cause a shift in funding families for any crisis that could occur, that comes at the expense of any current defects research and prevention activities. NIH research efforts for children. We applaud you for proposing to integrate such as a health emergency or job loss. the activities of various programs to further Having said that, I believe we would PEDIATRIC PUBLIC HEALTH PROMOTION promote the prevention of birth defects. all do well to remember the lessons With so many children’s hospitals serving In addition, the March of Dimes commends from the biblical parable of Joseph. Re- as their states’ or regions’ poison control you on including the ‘‘Pediatric Research centers, N.A.C.H. especially appreciates the Initiative’’ in the ‘‘Healthy Kids 2000 Act.’’ If call that Joseph warned Pharaoh his provisions of your legislation to stabilize and enacted, this initiative would establish the kingdom would experience seven years improve our nation’s poison control system. authorization needed to obtain additional of plenty followed by seven years of Over half of the two million poisonings re- funding for pediatric biomedical research famine. His message to Pharaoh was to ported in 1996 were by parents of children within the National Institutes of Health. The build reserves during the years of plen- under age 6. Almost 2 out of 3 poison calls Foundation believes that a partnership be- ty in preparation for the years of fam- are on behalf of children under age 18. Legis- tween the public and private sectors is the ine, so that his people would not suffer. lation that serves to improve and stabilize more effective way to raise the level of in- To ensure the longevity of our recent this critical system will undoubtedly im- vestment in clinical research pertaining to prove the lives and health of children as children. The March of Dimes urges Congress economic gains, it is important to re- well. to strengthen the national commitment to member the lessons of Joseph and heed N.A.C.H. also supports the bill’s provisions all children. the words of President Kennedy who, in to improve prenatal care and birth defects We thank you for your leadership and are his second State of the Union address research through the Centers for Disease eager to work with you on this and other leg- said: ‘‘Pleasant as it is to bask in the Control and Prevention, which are important islative initiatives important to the health warmth of recovery . . . the time to re- to reduce morbidity and mortality from of the nation’s mothers, infants and chil- pair the roof is when the sun is shin- birth, improving health, and preventing life- dren. ing.’’ long health care costs for children and Sincerely, One-third of Americans have no sav- adults. DR. JENNIFER L. HOWSE, In conclusion, Senator Bond, we commend President. ings at all, and the next third have less you for the breadth and depth that this bill than $3,000 in savings. Although the undertakes to improve the health of our na- By Mr. COVERDELL (for himself, baby-boom generation has contributed tion’s children. This legislation certainly Mr. TORRICELLI, and Mr. ABRA- to the explosion of people investing in sets the standard for what the 106th Congress HAM): the equities, only two in five baby should consider and pass with respect to S. 593. A bill to amend the Internal boomers will have enough savings to child health. If you have any questions or need addi- Revenue Code of 1986 to increase maxi- maintain their current standard of liv- tional information, call Peters Willson or mum taxable income for the 15 percent ing when they begin to retire in 2011. Bruce Lesley at 703–684–1355. rate bracket, to provide a partial ex- The Small Savers Act would help to Sincerely, clusion from gross income for divi- reverse these troubling trends. First, LAWRENCE A. MCANDREWS. dends and interest received by individ- our proposal returns middle class tax- uals, to provide a long-term capital payers to the lowest Federal income MARCH OF DIMES, gains deduction for individuals, to in- tax bracket. Under our legislation, 7 BIRTH DEFECTS FOUNDATION, crease the traditional IRA contribution Washington, DC, March 8, 1999. million taxpayers would no longer find Hon. CHRISTOPHER BOND, limit, and for other purposes; to the themselves taxed at 28%. Instead, they U.S. Senate, Russell Senate Office Building, Committee on Finance. would be taxed at the 15% bracket. Washington, DC. THE SMALL SAVERS ACT Second, it would encourage modest DEAR SENATOR BOND: On behalf of more Mr. COVERDELL. Mr. President, I savings and investment. We propose to than 3 million volunteers and 1500 staff mem- rise today, joined by my good friends enable savers to earn $500, or $250 for bers of the March of Dimes, I want to com- Senator TORRICELLI and Senator ABRA- singles, in interest and dividends with- mend you for introducing the ‘‘Healthy Kids HAM, to introduce legislation whose out paying a tax. According to the 2000 Act.’’ We are particularly pleased that you have included in this legislation three time I believe has clearly come. We are Joint Economic Committee, 30 million specific initiatives important to the Founda- faced with a real crisis. That crisis is low and middle income taxpayers tion and to the health of mothers, infants the state of personal savings, savings would be able to save tax free. Our pro- and children. by families that let them prepare for posal also would wipe out capital gains The first section of the bill, ‘‘Health Care the bumps in the road. taxes for 10 million low and middle in- Accessibility and Accountability for Mothers Families are not saving, and I believe come investors by exempting the first and Newborns,’’ includes a much needed ini- it is not happening because our govern- $5,000 of long-term capital gains. For tiative to improve access to health care for ment takes too much from them. A re- those committed to ending the tax- pregnant women. Numerous studies have shown that prenatal care improves the like- cent report by the Congressional Budg- ation of capital gains, this would be an lihood that a child will be born healthy. et Office showed that taxes on the opportunity to take that first step Your proposal that states be given the flexi- American public are at their highest while encouraging lower and middle bility to cover prenatal care for income-eli- level since World War II. Too many class workers to invest for their future. S2582 CONGRESSIONAL RECORD — SENATE March 11, 1999 Finally, we provide for a modest The clips approved during this one and was undoubtedly looking forward $1,000 increase in the contribution short period accounted for almost 128 to getting home to see his three chil- limit for deductible IRA contributions, million rounds of ammunition—and dren. from $2,000 to $3,000, and index for in- every round represents the potential But tragically, James Williams never flation after 2009. These contribution for taking one human life. made it home that night. While Wil- limits have not been raised since 1981. These clips come in sizes ranging liams searched for the lost gun, a 19- The Nation faces many challenges in from 15 rounds per clip to 30, 75, 90, or year-old man stood on the freeway the years ahead. None is more impor- even 250 rounds per clip. overpass above and fired the shots that tant than sustaining economic growth Twenty thousand clips of 250-rounds would change Williams’ family forever. and ensuring our retirement security. came from England; Using a Hungarian made AK–47 with a The Small Savers Act is a modest and Two million 15-round magazines Chinese made high-capacity ammuni- progressive step to begin shoring up came from Italy; tion clip, the teenager fired many personal savings and to keep the Na- Five thousand clips of 70-rounds shots—too many. tion on the path to long-term economic came from the Czech Republic. One Telfon-coated bullet from this health. And the list goes on, and on. high capacity clip fatally wounded offi- Mr. President, 250-round clips have cer Williams, tearing through his bul- By Mrs. FEINSTEIN: no sporting purpose. They are not used S. 594. A bill to ban the importation letproof vest and leaving his three chil- for self defense. They have only one of large capacity ammunition feeding dren without a father. And that lone use—the purposeful killing of other devices; to the Committee on the Judi- bullet tore through more than just men, women and children. ciary. James Williams’ body armor. It tore It is both illogical and irresponsible through the very fabric of his entire LARGE-CAPACITY AMMUNITION MAGAZINE to permit foreign companies to sell IMPORT BAN OF 1999 family, and its damage cannot be re- Mr. FEINSTEIN. Mr. President, I rise items to the American public—particu- paired. today to introduce legislation that will larly items that are so often used for To many, Officer Williams has now plug a gaping loophole in our gun laws deadly purposes—that U.S. companies become just another statistic in the and protect us all from the deadly, are prohibited from selling. It is time fight against gun violence. But he is tragic violence of assault weapons. to plug this loophole and close our bor- more than that to his family, and he This bill is not about gun control. ders to these tools of death and de- must mean more than that to us, as This bill is not about politics. And this struction. Our domestic manufacturers well. We must fight to end the trage- bill is not about partisanship. But this are complying with the law, and we dies faced by so many families across bill is about stopping foreign manufac- must now force foreign manufacturers this nation. We must fight to give turers from skirting the laws that al- to comply as well. meaning to the countless lives that ready apply to companies within our In April of last year, President Clin- have been extinguished before their borders. ton and Treasury Secretary Rubin time. The bill we introduce today will ad- closed one loophole in the 1994 ban on One phenomenon which has most dress, finally, the loophole in the law assault weapons by blocking further tragically revealed the problems pre- that allows foreign manufacturers to imports of modified semiautomatic as- sented by these high capacity clips has flood our shores with high capacity sault weapons. However, the Depart- been the use of these clips by young- ammunition clips, while domestic man- ment of Justice advises me that the sters to kill other youngsters. ufacturers are prohibited from selling President lacks the legal authority to In Springfield, Oregon, a 15-year-old those very clips. take the same action regarding large- boy used a 30-round clip to kill two of Our bill bans future importation of capacity clips. As a result, we must his fellow students and wound 22 oth- all ammunition clips with a capacity of take legislative action to stop further ers. greater than 10 rounds. imports of these killer clips. In Jonesboro, Arkansas, one of two Mr. President, this legislation would In closing our borders to these high boys carried a Universal carbine not ban the sale or possession of clips capacity clips, we will not put an end equipped with a 15-round killer clip. already in circulation. And the domes- to all incidents of gun violence. But we Firing every one of those 15 bullets, the tic manufacture of these clips is al- will limit the destructive power of that boy helped his partner kill five people ready illegal for most purposes. Under violence. We will not stop every trou- and wound 10 more. current law, U.S. manufacturers are al- bled child who decides to commit an And just last December in Los Ange- ready prohibited from manufacturing act of violence from doing so, but we les, 27 year old LAPD officer Bryan large capacity clips for sale to the gen- can limit the tools that a child can find Brown was shot and killed by an assail- eral public, but foreign companies con- to carry out the act. ant with a rifle and double magazine. tinue to do so. Each of us has been touched in some As the author of the 1994 provision, I Following the tragic shooting, Officer way by the devastating effects of gun can assure you that this was not our Brown’s 7 year old son asked, ‘‘Why did violence. Each of our states has faced intent. We intended to ban the future my daddy have to die?’’ manufacture of all high capacity clips, unnecessary tragedy and senseless de- Mr. President, Officer Brown and Of- leaving only a narrow clause allowing struction as a result of the high-pow- ficer Williams gave their lives to pro- for the importation of clips already on ered, high-capacity weapons falling tect the lives of so many others, and their way to this country. Instead, the into the hands of gangs, drive-by shoot- their children have now been left with- Bureau of Alcohol, Tobacco and Fire- ers, cop killers, grievance killers, and out a father. We must do what we can arms has allowed millions of foreign yes, even children. My own state of to make the lives of our law enforce- clips into this country, with no true California has too often been the sub- ment officers more safe. method of determining date of manu- ject of national attention due to inci- And we must also do what we can to facture. dents of gun violence. bring foreign companies into compli- In fact, between March and August of Just a few short months ago in Oak- ance with the same laws we impose on last year alone, BATF approved more land, California, officer James Wil- companies here at home. The only way than 8 million large-capacity clips for liams became yet another example of we can accomplish these goals is to importation into America. what can happen when a troubled teen- pass this simple bill. Many of these clips were surely man- ager gets hold of a high-capacity weap- In 1994, we fired a first shot in the ufactured after 1994, but ATF has no on. Soon after midnight on a Sunday fight against assault weapons and kill- way to determining whether or not this early this New Year, Officer Williams er clips by banning the assault weapons is true. As a result, they simply must and two colleagues found themselves most commonly used in crime and to take the word of the exporting com- searching the side of the road for a gun kill police officers. I am proud to have pany or country. that had reportedly been thrown by authored that legislation, and many of The clips come from at least 20 dif- suspects involved in a recent chase. Of- my colleagues who joined me in that ferent countries, from Austria to ficer Williams had been out of the po- fight remember how hard we worked to Zimbabwe. lice academy for only eleven weeks, make a difference. Our opponents told March 11, 1999 CONGRESSIONAL RECORD — SENATE S2583 us our efforts would accomplish noth- (B) by striking ‘‘(2)’’ and inserting ‘‘(1)(B)’’. Let me describe the financial pres- ing—but they were wrong. They told us SEC. 3. CONFORMING AMENDMENT. sures facing New Mexico. Section 921(a)(31) of title 18, United States our efforts would infringe upon the One of the city officials told me that rights of innocent gun owners—again, Code, is amended by striking ‘‘manufactured after the date of enactment of the Violent oil and gas revenues were so low that they were wrong. Crime Control and Law Enforcement Act of the town of Eunice has to decide which In fact, recent statistics prove that 1994’’. it will keep open—the school or the the assault weapons ban is working to hospital. There isn’t enough tax reve- reduce crime and to save the lives of By Mr. DOMENICI (for himself nue in the coffers to do both! In New law enforcement officers and countless and Mr. INHOFE): Mexico, the oil and gas industry is a S. 595. A bill to amend the Internal others. major source of revenue. For some Revenue Code of 1986 to establish a A recent study by the Bureau of Al- communities it is the only significant graduated response to shrinking do- cohol, Tobacco and Firearms showed source. that compared to other guns, the use of mestic oil and gas production and surg- assault weapons in crimes is rapidly ing foreign oil imports, and for other The bill I am introducing today is a falling. In fact, while assault weapons purposes; to the Committee on Fi- comprehensive, graduated response to accounted for more than 6% of the nance. the problem of the shrinking domestic guns traced in crimes before the 1994 THE DOMESTIC OIL AND GAS CRISIS TAX RELIEF oil and gas industry. It builds upon, crime bill went into effect, these guns AND FOREIGN OIL RELIANCE REVERSAL ACT OF and includes all of the provisions in- now account for less than 2.4% of those 1999 cluded in S. 325 introduced by Senator traces. Mr. DOMENICI. Mr. President, I rise KAY BAILEY HUTCHISON and cospon- But it has now become apparent that today to introduce the Domestic Oil sored by Senators NICKLES, MURKOW- the 1994 ban on assault weapons left and Gas Crisis Tax Relief and Foreign SKI, BREAUX and LANDREU and myself. open certain loopholes. Through those Oil Reliance Reversal Act of 1999. The Hutchison bill focuses on helping It is a comprehensive, graduated ap- loopholes fall the lives of courageous our independent producers and main- proach to ensure that the United police officers like Officer James Wil- taining marginal wells. These are wells States retains control of its foreign liams. that produce less than 15 barrels a day policy and its economic destiny. There is no convincing reason to I believe that oil is essential to our by IRS definition, but in reality, on av- allow foreign manufacturers to cir- way of life. Oil is power. erage produce about 2.2 barrels of oil a cumvent the ban on assault weapons It has been pointed out by numerous day. There are a lot of marginal wells while domestic manufacturers comply. commentators that major oil reserves in the United States, and together they And there is no convincing reason to and political volatility go together. produce as much oil as the United keep an unlimited supply of these clips The Middle East has the world’s most States imports from Saudi Arabia. flowing onto our shores and into the abundant and cheapest oil, unfortu- I am also told if prices stay where hands of American criminals. nately, the U.S. does not. they are the state could lose half of The ban on assault weapons is work- Saudi Arabia, United Arab Emirates those wells by the end of the year. ing to save lives and to keep us safe. and Kuwait are our current allies, but Title I of the bill I am introducing But we must act to fix those loopholes Iran and Iraq are not. Russia is a major today is part of S. 325. It includes a which still remain. Last year we came natural gas producer, but reliable Rus- marginal well tax credit designed to close—we offered this bill as an amend- sia is not. ment on short notice and lost by only Our dependence on foreign oil is prolong marginal domestic oil and gas a few votes. I am confident that once reaching 57 percent, projected to reach well production. The credit is equal to my colleagues understand what this 68 percent by 2010 if current prices pre- $3.00 a barrel. bill does—and more importantly what vail. The bill also provides a Federal in- it does not do—we will win our fight. This isn’t the usual boom and bust come tax exclusion for income earned I urge my colleagues to support this that the oil and gas industry goes from inactive wells. It is an incentive bill, and I look forward to voting on through. The price has dropped by half for producers to keep pumping and not this issue in the near future. in the past two years. In real terms, oil to plug the wells because low prices Mr. President, I ask unanimous con- now costs roughly what it did before make them uneconomic. Once a well is sent that the text of the bill be printed 1973. And prices could stay low or drop plugged, the oil from that well is lost in the RECORD. lower according to the March 6th, for ever. Economist magazine. There being no objection, the bill was The bill expands the Enhanced Oil Chairman Greenspan, thus, far has ordered to be printed in the RECORD, as Recovery credit (EOR) that was en- been more cautious. follows: acted in 1990. S. 594 At a Budget Committee hearing re- cently, I asked Chairman Greenspan Enhanced oil recovery techniques can Be it enacted by the Senate and House of Rep- resentatives of the United States of America in about the oil and gas depressed prices. recover the other seventy-five percent Congress assembled, For the first time that I can remember, of the oil left behind when regular SECTION 1. SHORT TITLE. Greenspan blessed Independent Petro- techniques have pumped as much oil as This Act may be cited as the ‘‘Large Ca- leum Association of America (IPAA) they can from a well. The EOR credit is pacity Ammunition Magazine Import Ban numbers. expanded to cover additional tech- Act of 1999’’. Greenspan said, ‘‘In the short term, niques and to be used by AMT tax- SEC. 2. BAN ON IMPORTING LARGE CAPACITY profits for the oil and gas industry are payers. AMMUNITION FEEDING DEVICES. likely to come under pressure. Accord- The oil and gas industry is a capital Section 922(w) of title 18, United States ing to industry surveys, exploration intensive industry. Code, is amended— and production spending in the U.S. is (1) in paragraph (1), by striking ‘‘(1) Except projected to decline 21 percent this When the price of oil drops, the cash as provided in paragraph (2)’’ and inserting flow for small producers dries up. ‘‘(1)(A) Except as provided in subparagraph year to $22.6 billion from $28.2 billion in 1998. A recent survey by the Independ- There are countless producers who (B)’’; haven’t been able to make an interest (2) in paragraph (2), by striking ‘‘(2) Para- ent Petroleum Association of America graph (1)’’ and inserting ‘‘(B) Subparagraph (IPAA) estimates that over 36 thousand payment on their operating loans in (A)’’; crude oil wells and more than 56 thou- months and as loans come due, the (3) by inserting before paragraph (3) the sand natural gas wells have been shut banks haven’t been willing to renew following: down since November 1997. During the them. ‘‘(2) It shall be unlawful for any person to same period, the IPAA estimates that The world is feasting on cheap oil, import a large capacity ammunition feeding device.’’; and 24 thousand jobs in the industry have and yet the oil patch is starving for (4) in paragraph (4)— been eliminated * * * The financial capital. This credit crunch is made all (A) by striking ‘‘(1)’’ each place it appears pressures are most serious among the more painful because producers and inserting ‘‘(1)(A)’’; and small producers in the United States.’’ know that they have accumulated tax S2584 CONGRESSIONAL RECORD — SENATE March 11, 1999 benefits and credits that they have not curred before a capital asset is known compute the deductions for equipment been able to use, first, because they to exist. Examples of IDCs include depreciation (pre-1994), and intangible were Alternative Minimum Tax (AMT) amounts paid to negotiate and finalize drilling cost recovery in a third man- taxpayers, and more recently, because drilling contracts; costs to prepare the ner in addition to that mandated under low prices have devastated their drill site, costs of transporting and set- the regular tax system and the AMT. bottomline. ting up the rigs and costs of cementing Congress has nibbled at fixing the The AMT was intended to make sure casing in place; costs for wages, fuel, ACE several times in the 1990’s. It is that profitable companies paid their repairs, supplies, and other costs in the time to get rid of it and its complexity. fair share of taxes. It has not worked drilling, shooting and cleaning of wells, The bill eliminates the Adjusted Cur- as it was intended. In practice, the onsite preparation for the drilling of rent Earnings adjustment (ACE) as it AMT imposes four penalties on invest- wells, and the construction of the phys- applies to IDCs. ments made by U.S.-based taxpayers ical structures that are necessary for The bill would also permit the EOR who explore for and produce oil and the drilling of wells. IDCs are funded credit and the Section 29 credit to re- natural gas. Penalties are imposed on with cold, hard cash and typically can- duce the Alternative Minimum Tax. drilling investment and asset deprecia- not be financed by a bank or financial The Alternative Minimum Tax tion. These penalties significantly in- institution, and must be paid through (AMT) imposes tax penalties on the oil crease the after-tax costs and the busi- an operator’s internal cash flow or out- and gas industry. It taxes investment, ness risks of drilling new wells. This is side equity money supplied by an in- not income, and it is more punitive the a very imprudent policy at a time when vestor. less profitable a company is. The the U.S. is experiencing historically Under the regular corporate tax, longer prices are low and profits thin, low drilling activity and growing im- IDCs are generally allowed to be ex- the harsher is the AMT’s impact. port dependency. pensed. The bill recognizes that the Oil for The AMT increases the cost of cap- If they were the expenses of any Food program is contributing to the ital of AMT taxpayers by approxi- other business they would not be in- depressed oil and gas prices and is mately 15 to 20 percent over what it cluded as add-back preference items for causing economic hardship for our do- would be under the regular corporate purposes of the AMT. We took the first mestic oil and gas producers. To com- income tax according to testimony step to correcting this injustice in the pensate our domestic industry for the given before the Senate Finance Com- National Energy Policy Act. It is time economic loss that is being caused by mittee. to finish the job now. this UN policy, the bill would restore TITLE II of the bill tries to correct Percentage depletion is also an ordi- percentage depletion to 27.5 percent. It the past imprudence of the AMT and nary and necessary business cost. It also would include the remaining tax other tax cod provisions by providing recognizes that the economic profit provisions included in S. 325 e.g., Al- domestic oil and gas industry crisis tax from successful wells must compensate lows expensing geological and geo- relief triggered when the price of oil is for economic losses from dry holes and physical expenditures Allows producers below $15 a barrel. marginal wells that do not recover to make an election to Expense Delay This title of the bill creates what I their investment. Percentage depletion Rentals payments; and provides an Ex- call a ‘‘credits to cash’’ program. The purpose is to transform earned also recognizes that oil and gas prop- tension of Spudding rule tax credits and other accumulated tax erties are wasting assets with no resid- Title III of the bill would be triggered benefits into working capital for the ual value. These expenses correspond whenever foreign oil reliance exceeds cash-strapped domestic oil and gas pro- to ordinary business expenses that are 50 percent. The purpose of this title is ducers and service companies. deductible for every other business to reverse the trend of increased for- This is accomplished by creating a without limitations. eign dependence of oil and gas by en- ten year carry-back for unused AMT The bill would also eliminate the de- couraging exploration and development credits, and unused percentage deple- preciation adjustment under the AMT of oil and gas reserves here at home in tion for oil and gas producers. The bill for oil and gas assets so that the depre- the U.S. Our goal should be to double would also eliminate one of the most ciation schedules for the regular tax current domestic oil and gas produc- restrictive limitations on an oil and are also used for AMT. tion. gas producer’s ability to claim his in- The oil and gas industry must spend The bill provides a 20 percent explo- tangible drilling costs—the so-called 65 significant amounts of capital to ac- ration and development credit. percent net income limitation. The bill quire, find, develop and produce oil and Title IV recognizes that 60 percent repeals it so that producers can finally gas resources The regular tax system’s foreign oil dependence is a national se- recover their out of pocket costs. modified accelerated cost recovery sys- curity risk and provides for an emer- The bill also includes a provision tem (MACRS) is designed to encourage gency procedure. When foreign imports similar to a bill introduced by Con- such investments. The incentive of ac- exceed 60 percent the President is re- gressman THOMAS. My bill allows both celerated tax depreciation is especially quired to implement an energy secu- producers and the oil and gas service important in periods when oil is cheap rity strategic plan designed to prevent industry to go back ten years and use and companies are under economic crude oil and product imports from ex- up their Net operating losses (NOL)s. pressure to reduce capital investment ceeding 60 percent. I will remind my HARD TIMES TAX RELIEF WHEN PRICE OF OIL IS and jobs. Yet, the depreciation adjust- colleagues that when we experienced LESS THAN $14 A BARREL ment required under the AMT results the economic disruption of the 1973 oil The National Energy Policy Act par- in removing much of the regular tax embargo our dependence on foreign oil tially eliminated Intangible Drilling incentive precisely when it is needed was only 36 percent. Costs as a preference item under the most. This occurs because companies Mr. President, we need a comprehen- AMT. This bill finishes the job for any in the industry are more likely to be sive response to foreign oil dependence. year when the price of oil is less than subject to AMT in periods of low com- We need to have a healthy domestic oil $14 a barrel (phased out when oil prices modity prices. and gas industry. This bill along with hit $17) While the AMT is the second tax sys- measures to help the industry through IDCs are up front, out of pocket costs tem imbedded in our Internal Revenue the current credit crunch are essential. that have to be paid before a producer code, the Accumulated Current Earn- I ask that my colleagues join me in de- even knows whether there will be any ings (ACE) effectively acts as a third veloping a comprehensive plan to in- oil produced. system of taxation, in addition to the sure our energy and foreign policy IDCs are one of the principal ordi- regular tax system and the AMT. ACE independence. nary and necessary business costs of generally acts to measure income in Mr. President, I ask unanimous con- the oil and gas industry. IDCs can com- the same manner ‘‘earnings and prof- sent that the text of the bill and a prise up to 80 percent of the total costs its’’ which is a measure of income used summary be printed in the RECORD. incurred in developing a well. by ‘‘C’’ corporations to determine There being no objection, the mate- IDCs are comparable to research and whether their dividends will be taxable. rial was ordered to be printed in the development costs because they are in- Under ACE, a corporate taxpayer must RECORD, as follows: March 11, 1999 CONGRESSIONAL RECORD — SENATE S2585 S. 595 (12) The level of the United States security oil and gas wells responsible for half of the Be it enacted by the Senate and House of Rep- is directly related to the level of domestic domestic production of oil and gas in the resentatives of the United States of America in production of oil, natural gas liquids, and United States. Congress assembled, natural gas. (b) CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL WELLS.—Subpart D of part SECTION 1. SHORT TITLE; AMENDMENT OF 1986 (13) A national energy policy should be de- CODE. veloped which ensures that adequate supplies IV of subchapter A of chapter 1 (relating to (a) SHORT TITLE.—This Act may be cited as of oil are available at all times free of the business credits) is amended by adding at the the ‘‘Domestic Oil and Gas Crisis Tax Relief threat of embargo or other foreign hostile end the following new section: and Foreign Oil Reliance Reversal Act of acts. ‘‘SEC. 45D. CREDIT FOR PRODUCING OIL AND GAS 1999.’’ SEC. 4. TABLE OF CONTENTS. FROM MARGINAL WELLS. (b) AMENDMENT OF 1986 CODE.—Except as The table of contents of this Act is as fol- ‘‘(a) GENERAL RULE.—For purposes of sec- otherwise expressly provided, whenever in lows: tion 38, the marginal well production credit this Act an amendment or repeal is ex- Sec. 1. Short title; amendment of 1986 Code. for any taxable year is an amount equal to pressed in terms of an amendment to, or re- Sec. 2. Purposes. the product of— ‘‘(1) the credit amount, and peal of, a section or other provision, the ref- Sec. 3. Findings. Sec. 4. Table of contents. ‘‘(2) the qualified crude oil production and erence shall be considered to be made to a the qualified natural gas production which is section or other provision of the Internal TITLE I—DOMESTIC OIL AND GAS PRO- attributable to the taxpayer. Revenue Code of 1986. DUCTION PRESERVATION PROVISIONS ‘‘(b) CREDIT AMOUNT.—For purposes of this SEC. 2. PURPOSES. Sec. 101. Tax credit for marginal domestic section— The purposes of this Act are— oil and natural gas well produc- ‘‘(1) IN GENERAL.—The credit amount is— (1) to establish a graduated response to tion. ‘‘(A) $3 per barrel of qualified crude oil pro- shrinking domestic oil and gas production Sec. 102. Exclusion of certain amounts re- duction, and and surging foreign oil imports; ceived from recovered inactive ‘‘(B) 50 cents per 1,000 cubic feet of quali- (2) to prevent the abandonment of mar- wells. fied natural gas production. ginal oil and gas wells responsible for half of Sec. 103. Enhanced oil recovery credit ex- ‘‘(2) REDUCTION AS OIL AND GAS PRICES IN- the domestic oil and gas production of the tended to certain nontertiary CREASE.— United States; recovery methods. ‘‘(A) IN GENERAL.—The $3 and 50 cents (3) to transform earned tax credits and TITLE II—DOMESTIC OIL AND GAS amounts under paragraph (1) shall each be other tax benefits into working capital for INDUSTRY CRISIS TAX RELIEF reduced (but not below zero) by an amount the cash-strapped domestic oil and gas pro- which bears the same ratio to such amount Sec. 200. Purpose. ducers and service companies; (determined without regard to this para- (4) to reverse the trend of increased de- Subtitle A—Credits to Cash Provisions graph) as— pendence on foreign oil and gas by encourag- Sec. 201. 10-year carryback for unused mini- ‘‘(i) the excess (if any) of the applicable ing exploration and development of oil and mum tax credit. reference price over $14 ($1.56 for qualified gas reserves in the United States to achieve Sec. 202. 10-year carryback for percentage natural gas production), bears to the goal of doubling current domestic oil and depletion for oil and gas prop- ‘‘(ii) $3 ($0.33 for qualified natural gas pro- gas production; and erty. duction). (5) to provide an emergency procedure for Sec. 203. 10-year net operating loss The applicable reference price for a taxable times when foreign imports exceed 60 percent carryback for losses attrib- year is the reference price for the calendar of the total United States crude and oil prod- utable to oil servicing compa- year preceding the calendar year in which uct consumption, thereby recognizing that nies and mineral interests of oil the taxable year begins. when imports exceed a statutory level a na- and gas producers. ‘‘(B) INFLATION ADJUSTMENT.—In the case tional security threat exists that demands Sec. 204. Waiver of limitations. of any taxable year beginning in a calendar Presidential action. Subtitle B—Hard Times Tax Relief year after 2000, each of the dollar amounts contained in subparagraph (A) shall be in- SEC. 3. FINDINGS. Sec. 211. Phase-out of certain minimum tax Congress finds the following: preferences relating to energy creased to an amount equal to such dollar (1) Foreign oil consumption in the United production. amount multiplied by the inflation adjust- States is estimated to be equal to 56 percent Sec. 212. Depreciation adjustment not to ment factor for such calendar year (deter- of total oil consumption and could reach 68 apply to oil and gas assets. mined under section 43(b)(3)(B) by substitut- percent by the year 2010 if current prices pre- Sec. 213. Repeal certain adjustments based ing ‘1999’ for ‘1990’). ‘‘(C) REFERENCE PRICE.—For purposes of vail. on adjusted current earnings this paragraph, the term ‘reference price’ (2) The number of oil and gas rigs operat- relating to oil and gas assets. means, with respect to any calendar year— ing in the United States is at the lowest Sec. 214. Enhanced oil recovery credit and credit for producing fuel from a ‘‘(i) in the case of qualified crude oil pro- count since 1944, when records of this num- duction, the reference price determined nonconventional source allowed ber began to be recorded. under section 29(d)(2)(C), and against minimum tax. (3) If oil prices do not increase soon, the ‘‘(ii) in the case of qualified natural gas United States could lose at least half of its Subtitle C—Oil-for-Food Program production, the Secretary’s estimate of the marginal wells which, in the aggregate, Compensating Tax Benefits annual average wellhead price per 1,000 cubic produce as much oil as the amount of oil the Sec. 220. Purpose. feet for all domestic natural gas. United States imports from Saudi Arabia. Sec. 221. Increase in percentage depletion for ‘‘(c) QUALIFIED CRUDE OIL AND NATURAL (4) Oil and gas prices are unlikely to in- stripper wells. GAS PRODUCTION.—For purposes of this crease for the next several years. Sec. 222. Net income limitation on percent- section— (5) Declining production, well abandon- age depletion repealed for oil ‘‘(1) IN GENERAL.—The terms ‘qualified ment, and the lack of exploration and devel- and gas properties. crude oil production’ and ‘qualified natural opment are shrinking the domestic oil and Sec. 223. Election to expense geological and gas production’ mean domestic crude oil or gas industry. geophysical expenditures and natural gas which is produced from a mar- (6) It is essential in order for the United delay rental payments. ginal well. States to have a vibrant economy to have a Sec. 224. Extension of Spudding rule. ‘‘(2) LIMITATION ON AMOUNT OF PRODUCTION healthy domestic oil and gas industry. TITLE II—FOREIGN OIL RELIANCE WHICH MAY QUALIFY.— (7) The world’s richest oil producing re- REVERSAL PROVISIONS ‘‘(A) IN GENERAL.—Crude oil or natural gas gions in the Middle East are experiencing produced during any taxable year from any Sec. 300. Purpose. great political stability. Sec. 301. Crude oil and natural gas explo- well shall not be treated as qualified crude (8) The policy of the United Nations may ration and development credit. oil production or qualified natural gas pro- make Iraq the swing oil producing nation, duction to the extent production from the thereby granting an enemy of the United TITLE IV—NATIONAL EMERGENCY well during the taxable year exceeds 1,095 States a tremendous amount of power. PROVISIONS barrels or barrel equivalents. (9) Reliance on foreign oil for more than 60 Sec. 400. Purpose. ‘‘(B) PROPORTIONATE REDUCTIONS.— percent of the daily oil and gas consumption Sec. 401. Duties of the President. ‘‘(i) SHORT TAXABLE YEARS.—In the case of in the United States is a national security Sec. 402. Congressional review. a short taxable year, the limitations under threat. Sec. 403. National security and oil produc- this paragraph shall be proportionately re- (10) The United States is the leader of the tion actions. duced to reflect the ratio which the number free world and has a worldwide responsibility TITLE I—DOMESTIC OIL AND GAS PRO- of days in such taxable year bears to 365. to promote economic and political security. DUCTION PRESERVATION PROVISIONS ‘‘(ii) WELLS NOT IN PRODUCTION ENTIRE (11) The exercise of traditional responsibil- SEC. 101. TAX CREDIT FOR MARGINAL DOMESTIC YEAR.—In the case of a well which is not ca- ities in the United States and abroad in for- OIL AND NATURAL GAS WELL PRO- pable of production during each day of a tax- eign policy requires that the United States DUCTION. able year, the limitations under this para- be free of the risk of energy blackmail in (a) PURPOSE.—The purpose of this section graph applicable to the well shall be propor- times of gas and oil shortages. is to prevent the abandonment of marginal tionately reduced to reflect the ratio which S2586 CONGRESSIONAL RECORD — SENATE March 11, 1999 the number of days of production bears to production credit’’ after ‘‘employment cred- depletion is determined under section the total number of days in the taxable year. it’’. 613A(c). ‘‘(3) DEFINITIONS.— (e) CARRYBACK.—Subsection (a) of section ‘‘(c) DEDUCTIONS.—No deductions directly ‘‘(A) MARGINAL WELL.—The term ‘marginal 39 (relating to carryback and carryforward of connected with amounts excluded from gross well’ means a domestic well— unused credits generally) is amended by add- income by subsection (a) shall be allowed. ‘‘(i) the production from which during the ing at the end the following new paragraph: ‘‘(d) ELECTION.— taxable year is treated as marginal produc- ‘‘(3) 10-YEAR CARRYBACK FOR MARGINAL OIL ‘‘(1) IN GENERAL.—This section shall apply tion under section 613A(c)(6), or AND GAS WELL PRODUCTION CREDIT.—In the for any taxable year only at the election of ‘‘(ii) which, during the taxable year— case of the marginal oil and gas well produc- the taxpayer. ‘‘(I) has average daily production of not tion credit— ‘‘(2) MANNER.—Such election shall be more than 25 barrel equivalents, and ‘‘(A) this section shall be applied sepa- made, in accordance with regulations pre- ‘‘(II) produces water at a rate not less than rately from the business credit (other than scribed by the Secretary, not later than the 95 percent of total well effluent. the marginal oil and gas well production time prescribed for filing the return (includ- ‘‘(B) CRUDE OIL, ETC.—The terms ‘crude credit), ing extensions thereof) and shall be made an- oil’, ‘natural gas’, ‘domestic’, and ‘barrel’ ‘‘(B) paragraph (1) shall be applied by sub- nually on a property-by-property basis.’’ have the meanings given such terms by sec- stituting ‘10 taxable years’ for ‘1 taxable (c) MINIMUM TAX.—Section 56(g)(4)(B) is tion 613A(e). years’ in subparagraph (A) thereof, and amended by adding at the end the following ‘‘(C) BARREL EQUIVALENT.—The term ‘bar- ‘‘(C) paragraph (2) shall be applied— new clause: rel equivalent’ means, with respect to natu- ‘‘(i) by substituting ‘31 taxable years’ for ‘‘(iii) INACTIVE WELLS.—In the case of in- ral gas, a conversion ratio of 6,000 cubic feet ‘21 taxable years’ in subparagraph (A) there- come attributable to independent producers of natural gas to 1 barrel of crude oil. of, and of oil recovered from an inactive well, clause ‘‘(d) OTHER RULES.— ‘‘(ii) by substituting ‘30 taxable years’ for (i) shall not apply to any amount allowable ‘‘(1) PRODUCTION ATTRIBUTABLE TO THE TAX- ‘20 taxable years’ in subparagraph (B) there- as an exclusion under section 139.’’ PAYER.—In the case of a marginal well in of.’’ (d) CLERICAL AMENDMENT.—The table of which there is more than one owner of oper- (f) COORDINATION WITH SECTION 29.—Sec- sections for part III of subchapter B of chap- ating interests in the well and the crude oil tion 29(a) is amended by striking ‘‘There’’ ter 1 is amended by striking the item relat- or natural gas production exceeds the limita- and inserting ‘‘At the election of the tax- ing to section 139 and inserting the follow- tion under subsection (c)(2), qualifying crude payer, there’’. ing: oil production or qualifying natural gas pro- (g) CLERICAL AMENDMENT.—The table of duction attributable to the taxpayer shall be sections for subpart D of part IV of sub- ‘‘Sec. 139. Oil or gas produced from a recov- determined on the basis of the ratio which chapter A of chapter 1 is amended by adding ered inactive well. taxpayer’s revenue interest in the produc- at the end the following item: ‘‘Sec. 140. Cross references to other Acts.;; tion bears to the aggregate of the revenue in- ‘‘45D. Credit for producing oil and gas from (e) EFFECTIVE DATE.—The amendments terests of all operating interest owners in marginal wells.’’ made by this section shall apply to taxable the production. years ending after the date of the enactment (h) EFFECTIVE DATE.—The amendments ‘‘(2) OPERATING INTEREST REQUIRED.—Any of this Act. credit under this section may be claimed made by this section shall apply to produc- SEC. 103. ENHANCED OIL RECOVERY CREDIT EX- only on production which is attributable to tion after the date of the enactment of this Act. TENDED TO CERTAIN NONTERTIARY the holder of an operating interest. RECOVERY METHODS. ‘‘(3) PRODUCTION FROM NONCONVENTIONAL SEC. 102. EXCLUSION OF CERTAIN AMOUNTS RE- CEIVED FROM RECOVERED INAC- (A) PURPOSE.—The propose of section is to SOURCES EXCLUDED.—In the case of produc- extend the productive lives of existing do- tion from a marginal well which is eligible TIVE WELLS. (a) PURPOSE.—The purpose of this section mestic oil and gas wells in order to recover for the credit allowed under section 29 for the 75 percent of the oil and gas that is not the taxable year, no credit shall be allowable is to encourage producers to reopen wells that have not been producing oil and gas be- recoverable using primary oil and gas recov- under this section unless the taxpayer elects ery techniques. not to claim the credit under section 29 with cause the wells have been plugged or aban- doned. (b) IN GENERAL.—Clause (i) of section respect to the well.’’. 43(c)(2)(A) (defining qualified enhanced oil ‘‘(c) CREDIT TREATED AS BUSINESS CRED- (b) IN GENERAL.—Part III of subchapter B recovery project) is amended to read as fol- IT.—Section 38(b) is amended by striking of chapter 1 (relating to items specifically lows: ‘‘plus’’ at the end of paragraph (11), by strik- excluded from gross income) is amended by ‘‘(i) which involves the application (in ac- ing the period at the end of paragraph (12) redesignating section 139 as section 140 and cordance with sound engineering principles) and inserting ‘‘, plus’’, and by adding at the by inserting after section 138 the following of— end the following new paragraph: new section: ‘‘(I) one or more tertiary recovery methods ‘‘(13) the marginal oil and gas well produc- ‘‘SEC. 139. OIL OR GAS PRODUCED FROM A RE- (as defined in section 193(b)(3)) which can tion credit determined under section COVERED INACTIVE WELL. reasonably be expected to result in more 45D(a).’’. ‘‘(a) IN GENERAL.—Gross income does not than an insignificant increase in the amount (d) CREDIT ALLOWED AGAINST REGULAR AND include income attributable to independent of crude oil which will ultimately be recov- MINIMUM TAX.— producer oil from a recovered inactive well. ered, or (1) IN GENERAL.—Subsection (c) of section ‘‘(b) DEFINITIONS.—For purposes of this 38 (relating to limitation based on amount of section— ‘‘(II) one or more qualified nontertiary re- tax) is amended by redesignating paragraph ‘‘(1) INDEPENDENT PRODUCER OIL.—The term covery methods which are required to re- (3) as paragraph (4) and by inserting after ‘independent producer oil’ means crude oil or cover oil with traditionally immobile char- paragraph (2) the following new paragraph: natural gas in which the economic interest acteristics or from formations which have ‘‘(3) SPECIAL RULES FOR MARGINAL OIL AND of the independent producer is attributable proven to be uneconomical or noncommer- GAS WELL PRODUCTION CREDIT.— to an operating mineral interest (within the cial under conventional recovery methods,’’ ‘‘(A) IN GENERAL.—In the case of the mar- meaning of section 614(d)), overriding roy- (c) QUALIFIED NONTERTIARY RECOVERY ginal oil and gas well production credit— alty interest, production payment, net prof- METHODS.—Section 43(c)(2) is amended by ‘‘(i) this section and section 39 shall be ap- its interest, or similar interest. adding at the end the following new subpara- plied separately with respect to the credit, ‘‘(2) CRUDE OIL AND NATURAL GAS.—The graphs: and terms ‘crude oil’ and ‘natural gas’ have the ‘‘(C) QUALIFIED NONTERTIARY RECOVERY ‘‘(ii) in applying paragraph (1) to the meanings given such terms by section METHOD.—For purposes of this paragraph— credit— 613A(e). ‘‘(i) IN GENERAL.—The term ‘qualified non- ‘‘(I) subparagraphs (A) and (B) thereof shall ‘‘(3) RECOVERED INACTIVE WELL.—The term tertiary recovery method’ means any recov- not apply, and ‘recovered inactive well’ means a well if— ery method described in clause (ii), (iii), or ‘‘(II) the limitation under paragraph (1) (as ‘‘(A) throughout the time period beginning (iv), or any combination there of. modified by subclause (I)) shall be reduced any time prior to January 15, 1999, and end- ‘‘(ii) ENHANCED GRAVITY DRAINAGE (EGD) by the credit allowed under subsection (a) for ing on such date, such well is inactive or has METHODS.—The methods described in this the taxable year (other than the marginal oil been plugged and abandoned, as determined clause are as follows: and gas well production credit). by the agency of the State in which such ‘‘(I) HORIZONTAL DRILLING.—The drilling of ‘‘(B) MARGINAL OIL AND GAS WELL PRODUC- well is located that is responsible for regu- horizontal, rather than vertical, wells to TION CREDIT.—For purposes of this sub- lating such wells, and penetrate any hydrocarbon-bearing forma- section, the term ‘marginal oil and gas well ‘‘(B) during the 5-year period beginning on tion which has an average in situ calculated production credit’ means the credit allow- the date of the enactment of this section, permeability to fluid flow of less than or able under subsection (a) by reason of sec- such well resumes producing crude oil or equal to 12 or less millidarcies and which has tion 45D(a).’’. natural gas. been demonstrated by use of a vertical (2) CONFORMING AMENDMENT.—Subclause ‘‘(4) INDEPENDENT PRODUCER.—The term wellbore to be uneconomical unless drilled (II) of section 38(c)(2)(A)(ii) is amended by in- ‘independent producer’ means a producer of with lateral horizontal lengths in excess of serting ‘‘or the marginal oil and gas well crude oil or natural gas whose allowance for 1,000 feet. March 11, 1999 CONGRESSIONAL RECORD — SENATE S2587

‘‘(II) GRAVITY DRAINAGE.—The production ‘‘(ii) the credit allowable under subsection ‘‘(ii) APPLICABLE RULES.—Rules similar to of oil by gravity flow from drainholes that (a) for each of such taxable years shall be the rules of section 39 shall apply for pur- are drilled from a shaft or tunnel dug within equal to the excess (if any) of— poses of this subparagraph. or below the oil-bearing zone. ‘‘(II) the sum of the regular tax liability ‘‘(C) ALLOCATION OF DISALLOWED ‘‘(iii) MARGINALLY ECONOMIC RESERVOIR RE- and the net minimum tax for such taxable AMOUNTS.—For purposes of basis adjustments PRESSURIZATION (MERR) METHODS.—The meth- year, over and determining whether cost depletion ex- ods described in this clause are as follows, ‘‘(II) the sum of the credits allowable under ceeds percentage depletion with respect to except that this clause shall only apply to subparts A, B, D, E, and F of this part. the production from a property, any amount the first 1,000,000 barrels produced in any ‘‘(B) ENERGY MINIMUM TAX CREDIT.—For disallowed as a deduction on the application project: purposes of this paragraph, the term ‘energy of this paragraph shall be allocated to the re- ‘‘(I) CYCLIC GAS INJECTION.—The increase or minimum tax credit’ means the minimum spective properties from which the oil or gas maintenance of pressure by injection of hy- tax credit which would be computed with re- was produced in proportion to the percentage drocarbon gas into the reservoir from which spect to any taxable year if the adjusted net depletion otherwise allowable to such prop- it was originally produced. minimum tax were computed by only taking erties under subsection (c).’’ ‘‘(b) EFFECTIVE DATE.—The amendment ‘‘(II) FLOODING.—The injection of water into account items attributable to— made by this section shall apply to taxable into an oil reservoir to displace oil from the ‘‘(i) the taxpayer’s mineral interests in oil years beginning after December 31, 1998, and reservoir rock and into the bore of a produc- and gas property, and ‘‘(ii) the taxpayer’s active conduct of a to any taxable year beginning on or before ing well. such date to the extent necessary to apply ‘‘(iv) OTHER METHODS.—Any method used to trade or business of providing tools, prod- ucts, personnel, and technical solutions on a section 613A(d)(1)(B) of the Internal Revenue recover oil having an average laboratory Code of 1986 (as added by subsection (a)). measured air permeability less than or equal contractural basis to persons engaged in oil and gas exploration and production.’’ SEC. 203. 10-YEAR NET OPERATING LOSS to 100 millidarcies when averaged over the CARRYBACK FOR LOSSES ATTRIB- (b) CONFORMING AMENDMENTS.—Section productive interval being completed, or an in UTABLE TO OIL SERVICING COMPA- situ calculated permeability to fluid flow 53(c) of such Code (as in effect before the NIES AND MINERAL INTERESTS OF less than or equal to 12 millidarcies or oil de- amendment made by subsection (a)) is OIL AND GAS PRODUCERS. fined by the Department of Energy as being amended— ‘‘(a) IN GENERAL.—Paragraph (1) of section immobile. (1) by striking ‘‘The’’ and inserting: 172(b) (relating to years to which loss may be ‘‘(D) AUTHORITY TO ADD OTHER NONTERTIARY ‘‘(1) IN GENERAL.—Except as provided in carried) is amended by adding at the end the RECOVERY METHODS.—The Secretary shall paragraph (2), the ’’, and following new subparagraph: provide procedures under which— (2) by redesignating paragraphs (1) and (2) ‘‘(H) LOSSES ON OPERATING MINERAL INTER- ‘‘(i) the Secretary may treat methods not as subparagraphs (A) and (B). ESTS OF OIL AND GAS PRODUCERS AND OILFIELD described in clause (ii), (iii), or (iv) of sub- (c) EFFECTIVE DATE.—The amendments SERVICING COMPANIES.—In the case of a tax- paragraph (C) as qualified nontertiary recov- made by this section shall apply to taxable payer which has an eligible oil and gas loss ery methods, and years beginning after December 31, 1998, and (as defined in subsection (j)) for a taxable ‘‘(ii) a taxpayer may request the Secretary to any taxable year beginning on or before year, such eligible oil and gas loss shall be a to treat any method not so described as a such date to the extent necessary to apply net operating loss carryback to each of the qualified nontertiary recovery method. section 53(c)(2) of the Internal Revenue Code 10 taxable years preceding the taxable year of 1986 (as added by subsection (a)). of such loss.’’ The Secretary may only specify methods as SEC. 202. 10-YEAR CARRYBACK FOR PERCENTAGE (b) ELIGIBLE OIL AND GAS LOSS.—Section qualified nontertiary recovery methods DEPLETION FOR OIL AND GAS PROP- 172 is amended by redesignating subsection under this subparagraph if the Secretary de- ERTY. (j) as subsection (k) and by inserting after termines that such specification is consist- (a) IN GENERAL.—Subsection (d)(1) of sec- subsection (i) the following new subsection: ent with the purposes of subparagraph (C) tion 613A (relating to limitations on percent- ‘‘(j) ELIGIBLE OIL AND GAS LOSS.—For pur- and will result in greater production of oil age depletion in case of oil and gas wells) is poses of this section— and natural gas.’’ amended to read as follows: ‘‘(1) IN GENERAL.—The term ‘eligible oil (d) CONFORMING AMENDMENT.—Clause (iii) ‘‘(1) LIMITATION BASED ON TAXABLE IN- and gas loss’ means the lesser of— of section 43(c)(2)(A) is amended to read as COME.— ‘‘(A) the amount which would be the net follows: ‘‘(A) IN GENERAL.—The deduction for the operating loss for the taxable year if only in- ‘‘(iii) with respect to which— taxable year attributable to the application come and deductions attributable to— ‘‘(I) in the case of a tertiary recovery of subsection (c) shall not exceed the tax- ‘‘(i) mineral interests in oil and gas wells, method, the first injection of liquids, gases, payer’s taxable income for the year com- and ‘‘(ii) the active conduct of a trade or busi- or other matter commences after December puted without regard to— ness of providing tools, products, personnel, 31, 1990, and ‘‘(i) any depletion on production from an and technical solutions on a contractual ‘‘(II) in the case of a qualified nontertiary oil or gas property which is subject to the basis to persons engaged in oil and gas explo- recovery method, the implementation of the provisions of subsection (c), ration and production, method begins after December 31, 1998.’’ ‘‘(ii) any net operating loss carryback to (e) EFFECTIVE DATE.—The amendments the taxable year under section 172, are taken into account, and made by this section shall apply to taxable ‘‘(iii) any capital loss carryback to the tax- ‘‘(B) the amount of the net operating loss years ending after December 31, 1998. able year under section 1212, and for such taxable year. ‘‘(2) COORDINATION WITH SUBSECTION (b)(2).— ‘‘(iv) in the case of a trust, any distribu- TITLE II—DOMESTIC OIL AND GAS For purposes of applying subsection (b)(2), an tions to its beneficiary, except in the case of INDUSTRY CRISIS TAX RELIEF eligible oil and gas loss for any taxable year any trust where any beneficiary of such trust SEC. 200. PURPOSE. shall be treated in a manner similar to the is a member of the family (as defined in sec- The purpose of this title is to transform manner in which a specified liability loss is tion 267(c)(4)) of a settlor who created inter earned tax credits and other accumulated treated. vivos and testamentary trusts for members tax benefits into working capital for the ‘‘(3) ELECTION.—Any taxpayer entitled to a of the family and such settlor died within cash-strapped domestic oil and gas producers 10-year carryback under subsection (b)(1)(H) the last six days of the fifth month in 1970, and service companies. from any loss year may elect to have the and the law in the jurisdiction in which such carryback period with respect to such loss Subtitle A—Credits to Cash Provisions trust was created requires all or a portion of year determined without regard to sub- SEC. 201. 10-YEAR CARRYBACK FOR UNUSED MIN- the gross or net proceeds of any royalty or section (b)(1)(H). Such election shall be made IMUM TAX CREDIT. other interest in oil, gas, or other mineral in such manner as may be prescribed by the (a) IN GENERAL.—Section 53(c) of the Inter- representing any percentage depletion allow- Secretary and shall be made by the due date nal Revenue Code of 1986 (relating to limita- ance to be allocated to the principal of the (including extensions of time) for filing the tion) is amended by adding at the end the trust. taxpayer’s return for the taxable year of the following new paragraph: ‘‘(B) CARRYBACKS AND CARRYFORWARDS.— net operating loss. Such election, once made ‘‘(2) SPECIAL RULE FOR TAXPAYERS WITH UN- ‘‘(i) IN GENERAL.—If any amount is dis- for any taxable year, shall be irrevocable for USED ENERGY MINIMUM TAX CREDITS.— allowed as a deduction for the taxable year such taxable year.’’ ‘‘(A) IN GENERAL.—If, during the 10-taxable (in this subparagraph referred to as the ‘un- (c) EFFECTIVE DATE.—The amendments year period ending with the current taxable used depletion year’) by reason of applica- made by this section shall apply to net oper- year, a taxpayer has an unused energy mini- tion of subparagraph (A), the disallowed ating losses for taxable years beginning after mum tax credit for any taxable year in such amount shall be treated as an amount allow- December 31, 1998, and to any taxable year period (determined without regard to the ap- able as a deduction under subsection (c) for— beginning on or before such date to the ex- plication of this paragraph to the current ‘‘(I) each of the 10 taxable years preceding tent necessary to apply section 172(b)(1)(H) of taxable year)— the unused depletion year, and the Internal Revenue Code of 1986 (as added ‘‘(i) paragraph (1) shall not apply to each of ‘‘(II) the taxable year following the unused by subsection (a)). the taxable years in such period for which depletion year, SEC. 204. WAIVER OF LIMITATIONS. the taxpayer has an unused energy minimum subject to the application of subparagraph If refund or credit of any overpayment of tax credit (as so determined), and (A) to such taxable year. tax resulting from the application of the S2588 CONGRESSIONAL RECORD — SENATE March 11, 1999 amendments made by this subtitle is pre- which is not an integrated oil company (as ‘‘(ii) in applying paragraph (1) to the vented at any time before the close of the 1- defined in section 291(b)(4)).’’ credit— year period beginning on the date of the en- (c) EFFECTIVE DATE.—The amendments ‘‘(I) subparagraphs (A) and (B) thereof shall actment of this Act by the operation of any made by this section shall apply to taxable not apply, and law or rule of law (including res judicata), years beginning after, and amounts paid or ‘‘(II) the limitation under paragraph (1) (as such refund or credit may nevertheless be incurred in taxable years after, December 31, modified by subclause (I)) shall be reduced made or allowed if claim therefor is filed be- 1998. by the credit allowed under subsection (a) for fore the close of such period. SEC. 212. DEPRECIATION ADJUSTMENT NOT TO the taxable year (other than the enhanced Subtitle B—Hard Times Tax Relief APPLY TO OIL AND GAS ASSETS. oil recovery credit). (a) IN GENERAL.—Subparagraph (B) of sec- ‘‘(B) ENHANCED OIL RECOVERY CREDIT.—For SEC. 211. PHASE-OUT OF CERTAIN MINIMUM TAX tion 56(a)(1) (relating to depreciation adjust- purposes of this subsection, the term ‘en- PREFERENCES RELATING TO EN- ERGY PRODUCTION. ments) is amended to read as follows: hanced oil recovery credit’ means the credit ‘‘(B) EXCEPTIONS.—This paragraph shall allowable under subsection (a) by reason of (a) ENERGY PREFERENCES FOR INTEGRATED not apply to— section 43(a).’’. OIL COMPANIES.—Section 56 (relating to al- ‘‘(i) property described in paragraph (1), (2), ternative minimum taxable income) is (2) CONFORMING AMENDMENTS.— (3), or (4) of section 168(f), or (A) Subclause (II) of section 38(c)(2)(A)(ii), amended by adding at the end the following ‘‘(ii) property used in the active conduct of new subsection: as amended by section 101(d), is amended by the trade or business of exploring for, ex- striking ‘‘or the marginal oil and gas well ‘‘(h) ADJUSTMENT BASED ON ENERGY PREF- tracting, developing, or gathering crude oil production credit’’ and inserting ‘‘, the mar- ERENCE.— or natural gas.’’ ginal oil and gas well production credit, or ‘‘(1) IN GENERAL.—In computing the alter- (b) CONFORMING AMENDMENT.—Paragraph the enhanced oil recovery credit’’. native minimum taxable income of any tax- (4)(A) of section 56(g) (relating to adjust- payer which is an integrated oil company (as (B) Subclause (II) of section 38(c)(3)(A)(ii), ments based on adjusted current earnings) is as added by section 101(d), is amended by in- defined in section 291(b)(4)) for any taxable amended by adding at the end the following year beginning after 1998, there shall be al- serting ‘‘or the enhanced oil recovery credit’’ new clause: after ‘‘recovery credit’’. lowed as a deduction an amount equal to the ‘‘(vi) OIL AND GAS PROPERTY.—In the case of alternative tax energy preference deduction. (b) CREDIT FOR PRODUCING FUEL FROM A property used in the active conduct of the NON-CONVENTIONAL SOURCE.— ‘‘(2) PHASE-OUT OF DEDUCTION AS OIL PRICES trade or business of exploring for, extracting, (1) ALLOWING CREDIT AGAINST MINIMUM INCREASES.—The amount of the deduction developing, or gathering crude oil or natural TAX.—Section 29(b)(6) is amended to read as under paragraph (1) (determined without re- gas, the amount allowable as depreciation or gard to this paragraph) shall be reduced (but follows: amortization with respect to such property ‘‘(6) APPLICATION WITH OTHER CREDITS.—The not below zero) by the amount which bears shall be determined in the same manner as credit allowed by subsection (a) for any tax- the same ratio to such amount as— for purposes of computing the regular tax.’’ ‘‘(A) the amount by which the reference able year shall not exceed— (c) EFFECTIVE DATE.—The amendment ‘‘(A) the regular tax for the taxable year price for the calendar year preceding the cal- made by this section shall apply to property and the tax imposed by section 55, reduced endar year in which the taxable year begins placed in service in taxable years beginning by exceeds $14, bears to after December 31, 1998. ‘‘(B) the sum of the credits allowable under ‘‘(B) $3. SEC. 213. REPEAL CERTAIN ADJUSTMENTS subpart A and section 27.’’ For purposes of this paragraph, the reference BASED ON ADJUSTED CURRENT (2) CONFORMING AMENDMENTS.— price for any calendar year shall be deter- EARNINGS RELATING TO OIL AND (A) Section 53(d)(1)(B)(iii) is amended by GAS ASSETS. mined under section 29(d)(2)(C) and the $14 inserting ‘‘as in effect on the date of the en- (a) DEPRECIATION.—Clause (vi) of section amount under subparagraph (A) shall be ad- actment of the Domestic Oil and Gas Crisis 56(g)(4)(A), as added by section 212(b), is justed at the same time and in the same Tax Reliance Reversal Act of 1999,’’ after amended to read as follows: manner as under section 43(b)(3). ‘‘29(b)(6)(B),’’. ‘‘(vi) OIL AND GAS PROPERTY.—This sub- ‘‘(3) ALTERNATIVE TAX ENERGY PREFERENCE (B) Section 55(c)(2) is amended by striking paragraph shall not apply to property used DEDUCTION.—For purposes of paragraph (1), ‘‘29(b)(6),’’. in the active conduct of the trade or business the term ‘alternative tax energy preference (c) EFFECTIVE DATE.—The amendments of exploring for, extracting, developing, or deduction’ means an amount equal to the made by this section shall apply to taxable gathering crude oil or natural gas.’’ sum of— years beginning after December 31, 1998. ‘‘(A) the intangible drilling cost pref- (b) INTANGIBLE DRILLING COSTS.—Clause (i) Subtitle C—Oil-for-Food Program erence, and of section 56(g)(4)(D) is amended by striking Compensating Tax Benefits ‘‘(B) the depletion preference. the second sentence and inserting ‘‘In the ‘‘(4) INTANGIBLE DRILLING COST PREF- case of any oil or gas well, this clause shall SEC. 220. PURPOSE. ERENCE.—For purposes of this subsection, the not apply in the case of amounts paid or in- The purpose of this subtitle is to provide term ‘intangible drilling cost preference’ curred in taxable years beginning after De- compensation to the domestic oil and gas in- means the amount by which alternative min- cember 31, 1998.’’. dustry in the form of tax benefits to offset imum taxable income would be reduced if it (c) DEPLETION.—Clause (ii) of section the depressing impact that the Oil-for-Food were computed without regard to section 56(g)(4)(F) is amended to read as follows: Program is having on the world market. ‘‘(ii) EXCEPTION FOR OIL AND GAS WELLS.—In 57(a)(2). SEC. 221. INCREASE IN PERCENTAGE DEPLETION ‘‘(5) DEPLETION PREFERENCE.—For purposes the case of any taxable year beginning after FOR STRIPPER WELLS. December 31, 1998, clause (i) (and subpara- of this subsection, the term ‘depletion pref- (a) IN GENERAL.—Subparagraph (C) of sec- erence’ means the amount by which alter- graph (C)(i)) shall not apply to any deduction tion 613A(c)(6) (relating to oil and natural native minimum taxable income would be re- for depletion computed in accordance with gas produced from marginal properties) is duced if it were computed without regard to section 613A.’’ amended— (d) EFFECTIVE DATE.—The amendments section 57(a)(1). (1) by striking ‘‘25 percent’’ and inserting made by this section shall apply to taxable ‘‘(6) ALTERNATIVE MINIMUM TAXABLE IN- ‘‘27.5 percent’’ in the matter preceding clause years beginning after December 31, 1998. COME.—For purposes of paragraphs (1), (4), (i); and and (5), alternative minimum taxable income SEC. 214. ENHANCED OIL RECOVERY CREDIT AND (2) by striking ‘‘$20’’ and inserting ‘‘$28’’ in shall be determined without regard to the CREDIT FOR PRODUCING FUEL clause (ii). FROM A NONCONVENTIONAL deduction allowable under this subsection SOURCE ALLOWED AGAINST MINI- (b) EFFECTIVE DATE.—The amendments and the alternative tax net operating loss de- MUM TAX. made by this section shall apply to taxable duction under subsection (a)(4). (a) ENHANCED OIL RECOVERY CREDIT AL- years beginning after December 31, 1998. ‘‘(7) REGULATIONS.—The Secretary may by LOWED AGAINST REGULAR AND MINIMUM SEC. 222. NET INCOME LIMITATION ON PERCENT- regulation provide for appropriate adjust- TAX.— AGE DEPLETION REPEALED FOR OIL ments in computing alternative minimum (1) ALLOWING CREDIT AGAINST MINIMUM AND GAS PROPERTIES. taxable income or adjusted current earnings TAX.—Subsection (c) of section 38 (relating to (a) IN GENERAL.—Section 613(a) (relating to for any taxable year following a taxable year limitation based on amount of tax), as percentage depletion) is amended by striking for which a deduction was allowed under this amended by section 101(d), is amended by re- the second sentence and inserting: ‘‘Except subsection to ensure that no double benefit designating paragraph (4) as paragraph (5) in the case of oil and gas properties, such al- is allowed by reason of such deduction.’’ and by inserting after paragraph (3) the fol- lowance shall not exceed 50 percent of the (b) REPEAL OF LIMIT ON REDUCTION FOR lowing new paragraph: taxpayer’s taxable income from the property INDEPENDENT PRODUCERS.—Subparagraphs ‘‘(4) SPECIAL RULES FOR ENHANCED OIL RE- (computed without allowances for deple- (E) of section 57(a)(2) (relating to exception COVERY CREDIT.— tion).’’ for independent producers) is amended to ‘‘(A) IN GENERAL.—In the case of the en- (b) CONFORMING AMENDMENTS.— read as follows: hanced oil recovery credit— (1) Section 613A(c)(7) (relating to special ‘‘(E) EXCEPTION FOR INDEPENDENT PRODUC- ‘‘(i) this section and section 39 shall be ap- rules) is amended by striking subparagraph ERS.—In the case of any oil or gas well, this plied separately with respect to the credit, (C) and redesignating subparagraph (D) as paragraph shall not apply to any taxpayer and subparagraph (C). March 11, 1999 CONGRESSIONAL RECORD — SENATE S2589

(2) Section 613A(c)(6) (relating to oil and (B) TRANSITION RULE.—In the case of any ‘‘(d) LIMITATION BASED ON AMOUNT OF natural gas produced from marginal prop- payments described in section 263(k) of the TAX.— erties) is amended by striking subparagraph Internal Revenue Code of 1986, as added by ‘‘(1) LIABILITY FOR TAX.—The credit allow- (H). this subsection, which were made or incurred able under subsection (a) for any taxable (c) EFFECTIVE DATE.—The amendments on or before the date of the enactment of year shall not exceed the excess (if any) of— made by this section shall apply to taxable this Act, the taxpayer may elect, at such ‘‘(A) the sum of— years beginning after December 31, 1998. time and in such manner as the Secretary of ‘‘(i) the taxpayer’s tentative minimum tax SEC. 223. ELECTION TO EXPENSE GEOLOGICAL the Treasury may prescribe, to amortize the liability under section 55(b) for such taxable AND GEOPHYSICAL EXPENDITURES unamortized portion of such payments over year determined without regard to this sec- AND DELAY RENTAL PAYMENTS. the 36-month period beginning with the tion, plus (a) PURPOSE.—The purpose of this section month in which the date of the enactment of ‘‘(ii) the taxpayer’s regular tax liability for is to recognize that geological and geo- this Act occurs. For purposes of this sub- such taxable year (as defined in section physical expenditures and delay rentals are paragraph, the unamortized portion of any 26(b)), over ordinary and necessary business expenses payment is the amount remaining ‘‘(B) the sum of the credits allowable that should be deducted in the year the ex- unamortized as of the first day of the 36- against the taxpayer’s regular tax liability pense is incurred. month period. under part IV (other than section 43 of this (b) ELECTION TO EXPENSE GEOLOGICAL AND SEC. 224. EXTENSION OF SPUDDING RULE. section). GEOPHYSICAL EXPENDITURES.— (a) IN GENERAL.—Section 461(i)(2)(A) (relat- ‘‘(2) APPLICATION OF THE CREDIT.—Each of (1) IN GENERAL.—Section 263 (relating to ing to special rule for spudding of oil or gas the following amounts shall be reduced by capital expenditures) is amended by adding wells) is amended by striking ‘‘90th day’’ and the full amount of the credit determined at the end the following new subsection: inserting ‘‘180th day’’. under paragraph (1): ‘‘(j) GEOLOGICAL AND GEOPHYSICAL EXPEND- (b) EFFECTIVE DATE—The amendment made ‘‘(A) the taxpayer’s tentative minimum tax ITURES FOR DOMESTIC OIL AND GAS WELLS.— by this section shall apply to taxable years under section 55(b) for the taxable year, and Notwithstanding subsection (a), a taxpayer beginning after December 31, 1998. ‘‘(B) the taxpayer’s regular tax liability (as may elect to treat geological and geo- TITLE III—FOREIGN OIL RELIANCE defined in section 26(b)) reduced by the sum physical expenses incurred in connection REVERSAL PROVISIONS of the credits allowable under part IV (other with the exploration for, or development of, than section 43 of this section). oil or gas within the United States (as de- SEC. 300. PURPOSE. The purpose of this title is to reverse the If the amount of the credit determined under fined in section 638) as expenses which are paragraph (1) exceeds the amount described not chargeable to capital account. Any ex- trend of increased foreign dependence of oil and gas by encouraging exploration and de- in subparagraph (B) of paragraph (2), then penses so treated shall be allowed as a deduc- the excess shall be deemed to be the adjusted tion in the taxable year in which paid or in- velopment of oil and gas reserves in the United States to achieve the goal of doubling net minimum tax for such taxable year for curred.’’ purposes of section 53. (2) CONFORMING AMENDMENT.—Section current domestic oil and gas production. ‘‘SEC. 301. CRUDE OIL AND NATURAL GAS EXPLO- ‘‘(3) CARRYBACK AND CARRYFORWARD OF UN- 263A(c)(3) is amended by inserting by insert- USED CREDIT.— ing ‘‘263(j),’’ after ‘‘263(i),’’. RATION AND DEVELOPMENT CRED- IT. ‘‘(A) IN GENERAL.—If the amount of the (3) EFFECTIVE DATE.— (a) CRUDE OIL AND NATURAL GAS EXPLO- credit allowed under subsection (a) for any (A) IN GENERAL.—The amendments made RATION AND DEVELOPMENT CREDIT.—Subpart taxable year exceeds the limitation under by this subsection shall apply to expenses B of part IV of subchapter A of chapter 1 is paragraph (1) for such taxable year (here- paid or incurred after the date of the enact- amended by adding at the end the following after in this paragraph referred to as the ‘un- ment of this Act. new section: used credit year’), such excess shall be— (B) TRANSITION RULE.—In the case of any ‘‘(i) an oil and gas exploration and develop- expenses described in section 263(j) of the In- ‘‘SEC. 30B. CRUDE OIL AND NATURAL GAS EXPLO- ment credit carryback to each of the 3 tax- ternal Revenue Code of 1986, as added by this RATION AND DEVELOPMENT CRED- IT. able years preceding the unused credit year, subsection, which were paid or incurred on ‘‘(a) GENERAL RULE.—The crude oil and and or before the date of the enactment of this natural gas exploration and development ‘‘(ii) an oil and gas exploration and devel- Act, the taxpayer may elect, at such time credit determined under this section for any opment credit carryforward to each of the 15 and in such manner as the Secretary of the applicable taxable year shall be an amount taxable years following the unused credit Treasury may prescribe, to amortize the equal to the sum of— year, unamortized portion of such expenses over ‘‘(1) 20 percent of so much of the taxpayer’s and shall be added to the amount allowable the 36-month period beginning with the qualified investment for the taxable year as month in which the date of the enactment of as a credit under subsection (a) for such does not exceed $1,000,000, plus years, except that no portion of the unused this Act occurs. For purposes of this sub- ‘‘(2) 10 percent of so much of such qualified oil and gas exploration and development paragraph, the unamortized portion of any investment for the taxable year as exceeds credit for any taxable year may be carried to expense is the amount remaining $1,000,000. a taxable year ending before the date of the unamortized as of the first day of the 36- ‘‘(b) APPLICALE TAXABLE YEAR.—For pur- month period. poses of subsection (a)— enactment of this section. (c) ELECTION TO EXPENSE DELAY RENTAL ‘‘(1) IN GENERAL.—The term ‘applicable ‘‘(B) LIMITATIONS.—The amount of the un- PAYMENTS.— taxable year’ means any taxable year begin- used credit which may be taken into account (1) IN GENERAL.—Section 263 (relating to ning in a calendar year during which the im- under subparagraph (A) for any succeeding capital expenditures), as amended by sub- ports of foreign crude and oil product are de- taxable year shall not exceed the amount by section (b)(1), is amended by adding at the termined by the Secretary of Energy to ex- which the limitation provided by paragraph end the following new subsection: ceed 50 percent of the amount of United (1) for such taxable year exceeds the sum of— ‘‘(k) DELAY RENTAL PAYMENTS FOR DOMES- States crude and oil product consumption for ‘‘(i) the credit allowable under subsection TIC OIL AND GAS WELLS.— such year. (a) for such taxable year, and ‘‘(1) IN GENERAL.—Notwithstanding sub- ‘‘(2) DETERMINATION.—A determination ‘‘(ii) the amounts which, by reason of this section (a), a taxpayer may elect to treat under paragraph (1) shall be made not later paragraph, are added to the amount allow- delay rental payments incurred in connec- than March 1 of each year with respect to able for such taxable year and which are at- tion with the development of oil or gas with- the preceding calendar year. tributable to taxable years preceding the un- in the United States (as defined in section ‘‘(c) QUALIFIED INVESTMENT.—For purposes used credit year. 638) as payments which are not chargeable to of this section, the term ‘qualified invest- ‘‘(e) SPECIAL RULES.—For purposes of this capital account. Any payments so treated ment’ means amounts paid or incurred by a section— shall be allowed as a deduction in the tax- taxpayer— ‘‘(1) AGGREGATION OF QUALIFIED INVEST- able year in which paid or incurred. ‘‘(1) for the purpose of ascertaining the ex- MENT EXPENSES.— ‘‘(2) DELAY RENTAL PAYMENTS.—For pur- istence, location, extent, or quality of any ‘‘(A) CONTROLLED GROUPS; COMMON CON- poses of paragraph (1), the term ‘delay rental crude oil or natural gas deposit, including TROL.—In determining the amount of the payment’ means an amount paid for the core testing and drilling test wells located in credit under this section, all members of the privilege of deferring development of an oil the United States or in a possession of the same controlled group of corporations (with- or gas well.’’ United States as defined in section 638, or in the meaning of section 52(a)) and all per- (2) CONFORMING AMENDMENT.—Section ‘‘(2) for the purpose of developing a prop- sons under common control (within the 263A(c)(3), as amended by subsection (b)(2), is erty (located in the United States or in a meaning of section 52(b)) shall be treated as amended by inserting ‘‘263(k),’’ after possession of the United States as defined in a single taxpayer for purposes of this sec- ‘‘263(j),’’. section 638) on which there is a reservoir ca- tion. (3) EFFECTIVE DATE.— pable of commercial production and such ‘‘(B) APPORTIONMENT OF CREDIT.—The cred- (A) IN GENERAL.—The amendments made amounts are paid or incurred in connection it (if any) allowable by this section to mem- by this subsection shall apply to payments with activities which are intended to result bers of any group (or to any person) de- made or incurred after the date of the enact- in the recovery of crude oil or natural gas on scribed in subparagraph (A) shall be such ment of this Act. such property. member’s or person’s proportionate share of S2590 CONGRESSIONAL RECORD — SENATE March 11, 1999 the qualified investment expenses giving rise mand and production, and imports of crude SEC. 3. FINDINGS. to the credit determined under regulations oil, oil product, and natural gas, for the sub- (a) FINDINGS.—The Congress finds that— prescribed by the Secretary. sequent 3 years. (1) U.S. foreign oil consumption is esti- ‘‘(2) PARTNERSHIPS, S CORPORATIONS, ES- (B) REQUIRED ADJUSTMENTS.—The projec- mated at 56 percent and could reach 68 per- TATES AND TRUSTS.— tion shall contain appropriate adjustments cent by 2010 if current prices prevail. ‘‘(A) PARTNERSHIPS AND S CORPORATIONS.— for expected price and production changes. (2) The number of oil and gas rigs operat- In the case of a partnership, the credit shall (2) PRESENTATION.—The projection pre- ing in the United States is at the lowest be allocated among partners under regula- pared under paragraph (1) shall be presented count since 1944, when records of this tally tions prescribed by the Secretary. A similar to Congress with the Budget. began. rule shall apply in the case of an S corpora- (3) CERTIFICATION.—The President shall (3) If prices do not increase soon, the U.S. tion and its shareholders. certify in the report whether foreign crude could lose at least half of its marginal wells ‘‘(B) PASS-THRU IN THE CASE OF ESTATES oil, oil product, and natural gas imports will which in aggregate produce as much oil as AND TRUSTS.—Under regulations prescribed exceed the ceiling level for any year during we import from Saudi Arabia; by the Secretary, rules similar to the rules the 3 years succeeding the date of the report. (4) Oil and gas prices are unlikely to in- of subsection (d) of section 52 shall apply. SEC. 402. CONGRESSIONAL REVIEW. crease for at least several years; ‘‘(3) ADJUSTMENTS FOR CERTAIN ACQUISI- (a) REVIEW.—Congress shall have 10 contin- (5) Declining production, well abandon- TIONS AND DISPOSITIONS.—Under regulations uous session days after submission of each ment and greatly reduced exploration and prescribed by the Secretary, rules similar to projection under section 401 to review the development are shrinking the domestic oil the rules contained in section 41(f)(3) shall projection and make a determination wheth- and gas industry; apply with respect to the acquisition or dis- er the ceiling level will be violated within 3 (6) The world’s richest oil producing re- position of a taxpayer. years. gions in the Middle East are experiencing ‘‘(4) SHORT TAXABLE YEARS.—In the case of (b) CERTIFICATION BINDING.—Unless dis- greater political instability; any short taxable year, qualified investment approved or modified by joint resolution, the (7) U.N. policy may make Iraq the swing expenses shall be annualized in such cir- Presidential certification shall be binding 10 oil producing nation, thereby granting cumstances and under such methods as the session days after submitted to Congress. Saddem Hussein a tremendous amount of Secretary may prescribe by regulation. SEC. 403. NATIONAL SECURITY AND OIL AND GAS power; ‘‘(5) DENIAL OF DOUBLE BENEFIT.— PRODUCTION ACTIONS. (8) Reliance on foreign oil for more than 60 ‘‘(A) DISALLOWANCE OF DEDUCTION.—Any (a) NATIONAL SECURITY AND OIL AND GAS percent of our daily oil and gas consumption deduction allowable under this chapter for PRODUCTION POLICY.— is a national security threat; any costs taken into account in computing (1) SUBMISSION.—Upon certification under (9) the level of the United States energy se- the amount of the credit determined under section 401(c)(3) that the ceiling level will be curity is directly related to the level of do- subsection (a) shall be reduced by the exceeded, the President shall, within 90 days, mestic production of oil, natural gas liquids, amount of such credit attributable to such submit a National Security and Oil and Gas and natural gas; and costs. Production Policy (in this section referred to (10) a national security policy should be de- ‘‘(B) BASIS ADJUSTMENTS.—For purposes of as the ‘‘policy’’) to Congress. The policy veloped which ensures that adequate supplies this subtitle, if a credit is determined under shall prevent crude oil, oil product, and nat- of oil shall be available at all times free of this section for any expenditure with respect ural gas imports from exceeding the ceiling the threat of embargo or other foreign hos- to any property, the increase in the basis of level. tile acts. such property which would (but for this sub- (2) APPROVAL.—Unless disapproved or SEC. 4. TABLE OF CONTENTS. section) result from such expenditures shall modified by joint resolution, the policy shall TITLE I—DOMESTIC OIL AND GAS PRO- be reduced by the amount of the credit so al- be effective 90 session days after submitted DUCTION PRESERVATION PROVISIONS to Congress. lowed.’’ (101(a)) Purpose: To prevent the abandon- (b) CONTENTS OF POLICY.—The National Se- (b) CLERICAL AMENDMENT.—The table of ment of marginal oil and gas wells respon- sections for subpart B of part IV of sub- curity and Oil Production Policy may include— sible for half of U.S. Domestic production chapter A of chapter 1 is amended by adding (101) Tax credit to prolong marginal do- at the end thereof the following new item: (1) energy conservation actions, including improved fuel efficiency for automobiles; mestic oil and gas well production. ‘‘Sec. 30B. Crude oil and natural gas explo- (2) expansion of the Strategic Petroleum ( ) Expand definition of marginal well to ration and development cred- Reserves to maintain a larger cushion include high water content wells. it.’’ against projected oil import blockages; (102) Exclusion of certain amounts received (c) EFFECTIVE DATE.—The amendments (3) additional production incentives for do- from the production of wells reopened after made by this section shall apply to expenses mestic oil and gas, including tax and other they have been plugged or abandoned. paid or incurred in taxable years beginning incentives for stripper well production, off- (103) Tax credits to prolong domestic oil after December 31, 1998. shore, frontier, and other oil produced with and gas well production through secondary and other nontertiary recovery methods in TITLE IV—NATIONAL SECURITY tertiary recovery techniques; order to produce the remaining 75 percent of EMERGENCY PROVISIONS (4) regulatory burden relief; and (5) other policy initiatives designed to oil and gas that is not recoverable using pri- SEC. 400. PURPOSE. lower foreign import reliance. mary methods. The purpose of this title is to recognize TITLE II—DOMESTIC OIL AND GAS IN- that a national security threat exists when DOMESTIC OIL AND GAS CRISIS TAX RELIEF DUSTRY CRISIS TAX RELIEF TRIG- foreign crude oil, oil product, and natural AND FOREIGN OIL RELIANCE REVERSAL ACT GERED WHEN PRICE OF OIL IS BELOW gas imports exceed 60 percent of United OF 1999 $15 A BARREL States oil and gas consumption and to create an emergency procedure to address that SEC. 2. PURPOSES. A. Credits to cash provisions To establish a graduated response to threat. (200) Purpose: To transform earned tax shrinking domestic oil and gas production SEC. 401. DUTIES OF THE PRESIDENT. credits and other accumulated tax benefits and surging foreign oil imports; into working capital for the cash-strapped (a) ESTABLISHMENT OF CEILING.—The Presi- To prevent the abandonment of marginal domestic oil and gas producers and service dent shall establish a National Security En- oil and gas wells responsible for half of U.S. ergy Independence Ceiling (Referred to in companies. domestic production; (201) Ten year carry-back for unused AMT this title as the ‘‘ceiling level’’) which shall To transform earned tax credits and other represent a ceiling level beyond which for- credits for oil and gas producers and servic- benefits into working capital for the cash- ing firms. eign crude oil, oil product, and natural gas strapped domestic oil and gas producers and imports as a share of United States crude (202) Ten year carry-back for unused per- service companies; centage depletion for oil and gas producers. and oil product consumption shall not rise. To compensate U.S. producers for the hard- ( ) Repeal 65 percent of net rule. (b) LEVEL OF CEILING.—The ceiling level es- ship the Oil for Food program is causing (203) Ten year carry-back for NOLs for pro- tablished under subsection (a) shall not ex- them; ducers and servicing firms. ceed 60 percent of United States crude oil, oil To reverse the trend of increased foreign product, and natural gas consumption for oil and gas dependence by encouraging explo- B. Hard times tax relief when price of oil is less any annual period. ration and development of oil and gas re- than $14 a barrel (c) REPORT.— serves in the U.S. to achieve the goal of dou- (211) Remove IDCs as AMT tax preference (1) CONTENTS.— bling current domestic oil and gas produc- in any year when price of oil is less than $14 (A) IN GENERAL.—The President shall pre- tion; a barrel (Phased out when oil prices hit $17). pare and submit an annual report to Con- To provide an emergency procedure when (212) Eliminate the depreciation adjust- gress containing a national security projec- foreign imports exceed 60 percent, thereby ment under the AMT for oil and gas assets so tion for energy independence (in this title re- recognizing that when imports exceed a Con- that the depreciation schedules for the regu- ferred to as the ‘‘projection’’), which shall gressionally legislated peril point, a national lar tax is also used for AMT. contain a forecast of domestic oil and liquid security threat exists that demands Presi- (213) Eliminate the Adjusted Current Earn- natural gas (commonly known as ‘‘NGL’’) de- dential action. ings adjustment (ACE) as it applies to IDCs. March 11, 1999 CONGRESSIONAL RECORD — SENATE S2591 (214) Permit EOR credit and Section 29 by the Clinton administration’s insist- America’s fruits and vegetables, and credit to reduce the Alternative Minimum ence upon doing so. more than half of our dairy products. Tax. In addition, Mr. President, my bill While state and local governments C. Tax benefits to offset the depressing impact would prohibit the imposition of any have taken the lead in preservation ef- on oil prices that the Food for Oil Program tax or fee in connection with the NICS. forts, the demand for assistance con- is having Once again, in his budget submission tinues to grow. (221) Restore percentage depletion to 27.5 for fiscal year 2000, President Clinton is Considering the importance of agri- percent. seeking to fund NICS with a gun tax. (222) Repeal net income limitation on per- culture to our nation, and to genera- centage depletion. With the Smith amendment last tions of families throughout our coun- (223) Allow Expensing geological and geo- year, we told President Clinton ‘‘no’’ to try, I was proud to take a lead role in physical expenditures. the gun tax. Let us tell him ‘‘no’’ the United States Senate to assist (223) Allow Election to Expense Delay again, once and for all, by enacting the farmers and communities in confront- Rentals payments. Second Amendment Rights Protection ing the obstacle of growing pressure on (224) Extension of Spudding rule. Act. the use of farmland. As such, I, with TITLE III—FOREIGN OIL RELIANCE RE- Finally, Mr. President, my bill would VERSAL PROVISIONS TRIGGERED the support of many Senate colleagues, create a private cause of action for any established the Federal Farmland Pro- WHEN IMPORTS EXCEED 50 PERCENT individual who is aggrieved by a viola- (300) Purpose: To reverse the trend of in- tection Program to stem the loss of tion of its provisions. valuable farmland, and to provide creased foreign dependence of oil and gas by Mr. President, I ask unanimous con- states with adequate tools to accom- encouraging exploration and development of sent for the printing of the text of my plish that goal. Those efforts resulted oil and gas reserves in the U.S. to achieve bill, the Second Amendment Rights the goal of doubling current domestic oil and in a $35 million authorization in the Protection Act of 1999, in the RECORD. gas production. 1996 Farm Bill. (301) 20 percent exploration and develop- There being no objection, the bill was ment credit when imports exceed 50 percent. ordered to the printed in the RECORD, This money has been used to help states leverage dollars in order to pur- TITLE IV—NATIONAL SECURITY EMER- as follows: GENCY WHEN IMPORTS EXCEED 60 PER- S. 597 chase development rights, and keep CENT Be it enacted by the Senate and House of Rep- productive farmland in use—all (400) Purpose: To provide an emergency resentatives of the United States of America in through voluntary efforts. In just three procedure when foreign imports exceed 60 Congress assembled, short years, the funds were exhausted percent to require the President to imple- SECTION 1. SHORT TITLE. due to the overwhelming response by ment an energy security strategic plan to de- This Act may be cited as the ‘‘Second farmers and state governments. In fact, signed to prevent crude and product imports Amendment Rights Protection Act of 1999.’’ by the end of fiscal year 1997 the origi- from exceeding 60 percent. SEC. 2. PROTECTION OF SECOND AMENDMENT nal $35 million authorization had been (401) Duties of the President. RIGHTS. spent, and the demand outstripped (402) Congressional Review of the Strategic Subsection (t) of section 922 of chapter 44 funding availability by 900 percent. plan proposed by the President. of Title 18, United States Code, is amended (403) Energy Security strategic plan and by inserting at the end thereof the following The legislation that I’m introducing course of action. new paragraph: today, the Farmland Protection Act of ‘‘(7) None of the funds appropriated pursu- 1999, would provide a $50 million per By Mr. SMITH of New Hampshire ant to any provision of law may be used for year authorization for the much-need- (for himself, Mr. INHOFE, Mr. (1) any system to implement this subsection ed funds to carry out the important BURNS, Mr. ENZI, and Mr. MUR- that does not require and result in the imme- work of farmland preservation. In addi- diate destruction of all information, in any KOWSKI): tion, my bill would allow non-profit or- S. 597. A bill to amend section 922 of form whatsoever, submitted by or on behalf of any person who has been determined not ganizations to participate in the pro- chapter 44 of title 28, United States be prohibited from owning a firearm; (2) the gram—where there is no established Code, to protect the right of citizens implementation or collection of any tax or government program—as they are cur- under the Second Amendment to the fee by any officer, agent, or employee of the rently precluded from doing so in cer- Constitution of the United States; to United States, or by any state or local offi- tain states. the Committee on the Judiciary. cer or agent acting on behalf of the United States, in connection with the implementa- Mr. President, I am proud to intro- SECOND AMENDMENT RIGHTS PROTECTION ACT duce this legislation that will enable us OF 1999 tion of this subsection, provided, that any person aggrieved by a violation of this provi- to take another giant step forward in Mr. SMITH of New Hampshire. Mr. sion may bring an action in the Federal dis- protecting a valuable resource to many President, I rise to introduce the ‘‘Sec- trict court for the district in which the per- Americans. To date, nineteen states ond Anendment Rights Protection Act son resides; provided further, that any per- have capitalized on this opportunity to of 1999.’’ I am pleased and honored that son who is successful with respect to any augment their preservation efforts, and Senators INHOFE, BURNS, ENZI, and such action shall receive damages, punitive hopefully, the Farmland Protection MURKOWSKI are joining me as original damages, and such other remedies as the Act of 1999 will give more states the cosponsors. court may determine to be appropriate, in- tools to assist their local farming com- Mr. President, the Second Amend- cluding a reasonable attorney’s fee.’’ munity. ment Rights Protection Act of 1999 en- By Mr. SANTORUM: Mr. President, I ask unanimous con- compasses all of the provisions of the S. 598. A bill to amend the Federal Smith Amendment, which passed the sent that a copy of the bill be printed Agriculture Improvement and Reform in the RECORD. Senate by a vote of 69–31 on July 21, Act of 1996 to improve the farmland 1998, during consideration of the Com- protection program; to the Committee There being no objection, the bill was merce, Justice, State appropriations on Agriculture, Nutrition, and For- ordered to be printed in the RECORD, as bill for fiscal year 1999. Only a substan- estry. follows: tially modified version of the Smith S. 598 amendment was included in the final FARMLAND PROTECTION ACT OF omnibus appropriations measure. 1999 Be it enacted by the Senate and House of Rep- The National Instant Criminal Back- Mr. SANTORUM. Mr. President, I resentatives of the United States of America in Congress assembled, ground Check System (NICS) went into rise today to introduce legislation that effect on December 1, 1998. My bill would reauthorize the Farmland Pro- SECTION 1. SHORT TITLE. would require the immediate destruc- tection Program that was originally This Act may be cited as the ‘‘Farmland tion of all information submitted by authorized with passage of the 1996 Protection Act of 1999’’. any person who has been cleared by the Farm Bill. SEC. 2. FARMLAND PROTECTION PROGRAM. NICS to purchase a firearm. There is Every year more than one million Section 388 of the Federal Agriculture Im- no reason why such private informa- acres of our nation’s most productive provement and Reform Act of 1996 (16 U.S.C. tion on law-abiding gun owners should farmland is lost to urbanization. This 3830 note; Public Law 104–127) is amended to be retained. I continue to be troubled is land that produces three-quarters of read as follows: S2592 CONGRESSIONAL RECORD — SENATE March 11, 1999 ‘‘SEC. 388. FARMLAND PROTECTION PROGRAM. who has worked on this issue for many ognizing the critical role CCDBG plays ‘‘(a) DEFINITION OF ELIGIBLE ENTITY.—In years. Senator ROBERTS, who has taken in subsidizing daycare for low-income this section, the term ‘eligible entity’ an active interest in this issue. Senator families in the states, our proposal means— ‘‘(1) any agency of any State or local gov- SPECTER, who made an enormous con- doubles the block grant over a five- ernment, or federally recognized Indian tribution to the development of this year period. tribe; and bill. And Senators SUSAN COLLINS and Of course, the problem with child ‘‘(2) any organization that— THAD COCHRAN, who we are very fortu- care is not limited to just afford- ‘‘(A) is organized for, and at all times since nate to have on our child care proposal. ability. Many parents cannot find an its formation has been operated principally Our proposal is straightforward and available child care slot. Our proposal for, 1 or more of the conservation purposes far-reaching. It makes the current addresses this issue of accessibility by specified in clause (i), (ii), or (iii) of section child care credit more equitable for providing a tax credit to businesses to 170(h)(4)(A) of the Internal Revenue Code of lower and middle income families. And, build or renovate on or near-site child 1986; ‘‘(B) is an organization described in section for the first time, makes the credit care centers for their employees. 501(c)(3) of the Code that is exempt from tax- available to families where one parent Finally, there is the issue of quality ation under section 501(a) of the Code; and stays at home to care for the children. daycare. Parents cannot be productive ‘‘(C)(i) is described in section 509(a)(2) of That is a critical step and an impor- in the workplace if they are constantly the Code; or tant change for families across Amer- worrying about the health and safety ‘‘(ii) is described in section 509(a)(3) of the ica. of their children in daycare. We have Code and is controlled by an organization de- Raising children in today’s world is a all read the horrifying stories in the scribed in section 509(a)(2) of the Code. true challenge. In many families, both newspapers about daycare facilities ‘‘(b) AUTHORITY.—The Secretary of Agri- culture shall establish and carry out a farm- parents must work in order to support that are unsafe or unsanitary, about land protection program under which the the family. Often, the child care ex- the poor record of enforcement of Secretary shall provide grants to eligible en- penses consume all or most of one par- standards in many states. tities, to provide the Federal share of the ent’s income. How often do we hear the While we acknowledge that the fed- cost of purchasing conservation easements refrain, particularly from women, that eral government should not be setting or other interests in land with prime, after they pay for day care, there is lit- standards for daycare providers, we do unique, or other productive soil for the pur- tle or nothing left of their wages. believe the states should set at least pose of protecting topsoil by limiting non- Another common complaint is from minimum health and safety standards agricultural uses of the land. parents who desperately want to stay and enforce them rigorously. Our legis- ‘‘(c) ELIGIBLE ENTITIES.—The Secretary may provide a grant to an eligible entity de- home and raise their children them- lation beefs up this enforcement by re- scribed in subsection (a)(2) for the purchase selves—especially in those very criti- warding states with a good enforce- of a conservation easement or other interest cal, early years of childhood—but who ment record and penalizing those with in land within the jurisdiction of a State or simply cannot afford to forgo that sec- poor records. local government or federally recognized In- ond income. I am very proud of this legislation, dian tribe only if the appropriate agency of The legislation we are introducing and proud that this group was able to the State or local government or the feder- today responds to both of these con- come together and produce this initia- ally recognized Indian tribe does not operate cerns. We believe that parents should tive. Child care is a problem that must a farmland protection program. ‘‘(d) FEDERAL SHARE.—The Federal share of make their own decisions about who is be solved, and we are committed to the cost of purchasing a conservation ease- going to care for their children. The doing that. I look forward to working ment or other interest described in sub- government and the Tax Code should with my colleagues in the Congress to section (b) shall be not more than 50 percent. not be promoting one choice over an- find workable, affordable solutions for ‘‘(e) CONSERVATION PLAN.—Any land for other. all families. I ask unanimous consent which a conservation easement or other in- By making more of the existing child that the legislation be printed in the terest is purchased under this section shall care tax credit available to lower and RECORD. be subject to the requirements of a conserva- middle income families, and making it tion plan that requires, at the option of the There being no objection, the bill was Secretary, the conversion of the land to less available also to families where one ordered to be printed in the RECORD, as intensive uses. parent stays at home, we are sending follows: ‘‘(f) RANKING CRITERIA.—The Secretary the message that the choice is yours, S. 599 shall consult with appropriate agencies of and we support your choice. Be it enacted by the Senate and House of Rep- States and local governments and federally Our bill makes several changes to the resentatives of the United States of America in recognized Indian tribes in developing cri- existing dependent care tax credit. Congress assembled, teria for ranking applications for grants First, the maximum credit percentage SECTION 1. SHORT TITLE; TABLE OF CONTENTS. under this section. is increased from 30 percent to 50 per- (a) SHORT TITLE.—This Act may be cited as ‘‘(g) FUNDING.—For each fiscal year, the the ‘‘Caring for Children Act’’. Secretary shall use not more than $50,000,000 cent to provide more benefits to those most in need. Second, the income level (b) TABLE OF CONTENTS.—The table of con- of the funds of the Commodity Credit Cor- tents for this Act is as follows: poration to carry out this section.’’. at which the maximum credit begins to be reduced is moved from $10,000 to Sec. 1. Short title; table of contents. By Mr. CHAFEE (for himself, Mr. $30,000, so that more lower-income fam- TITLE I—TAX RELIEF TO INCREASE CHILD CARE AFFORDABILITY HATCH, Mr. COCHRAN, Ms. ilies will qualify for the maximum SNOWE, Mr. ROBERTS, Mr. SPEC- amount of assistance. Third, we pro- Sec. 101. Expansion of dependent care tax credit. TER, and Ms. COLLINS): pose to completely phase out the credit Sec. 102. Promotion of dependent care as- S. 599. A bill to amend the Internal for wealthier families. Finally, families sistance programs. Revenue Code of 1986 to provide addi- where one spouse stays at home to care Sec. 103. Allowance of credit for employer tional tax relief to families to increase for the children will be eligible for a expenses for child care assist- the affordability of child care, and for credit similar to the one they would re- ance. other purposes; to the Committee on ceive if both parents were working out- TITLE II—ENCOURAGING QUALITY CHILD Finance. side the home and the child was in CARE THE CARING FOR CHILDREN ACT daycare. Subtitle A—Dissemination of Information Mr. CHAFEE. Mr. President, I am We also acknowledge that we cannot About Quality Child Care pleased today to introduce the Caring solve the entire child care problem Sec. 201. Collection and dissemination of in- for Children Act, legislation to help all through the Tax Code alone. Many low- formation. Sec. 202. Grants for the development of a families with their child care needs. income families do not have taxable in- child care training infrastruc- I want to thank my colleagues who come, and therefore cannot benefit ture. have worked so hard to put this bill to- from a tax credit. The Child Care and Sec. 203. Authorization of appropriations. gether. Senator HATCH, who was a lead- Development Block Grant (CCDBG) Subtitle B—Increased Enforcement of State er in the development of the child care provides critical funding to help these Health and Safety Standards block grant, and is always a stalwart lower-income families—and I have been Sec. 211. Enforcement of State health and supporter of children. Senator SNOWE, a strong supporter of the program. Rec- safety standards. March 11, 1999 CONGRESSIONAL RECORD — SENATE S2593

Subtitle C—Removal of Barriers to ‘‘(b) DOLLAR LIMITATION.—The credit al- The applicable Increasing the Supply of Quality Child Care lowable under subsection (a) for any taxable recapture Sec. 221. Increased authorization of appro- year shall not exceed $100,000. ‘‘If the recapture event percentage is: occurs in: priations for the Child Care and ‘‘(c) DEFINITIONS.—For purposes of this Years 1–3 ...... 100 Development Block Grant Act. section— Sec. 222. Small business child care grant Year 4 ...... 85 ‘‘(1) QUALIFIED CHILD CARE EXPENDITURE.— program. Year 5 ...... 70 ‘‘(A) IN GENERAL.—The term ‘qualified Sec. 223. GAO report regarding the relation- Year 6 ...... 55 child care expenditure’ means any amount ship between legal liability con- Year 7 ...... 40 paid or incurred— cerns and the availability and Year 8 ...... 25 ‘‘(i) to acquire, construct, rehabilitate, or affordability of child care. Years 9 and 10 ...... 10 expand property— Years 11 and thereafter 0. Subtitle D—Quality Child Care Through ‘‘(I) which is to be used as part of a quali- Federal Facilities and Programs fied child care facility of the taxpayer, ‘‘(B) YEARS.—For purposes of subparagraph Sec. 231. Providing quality child care in ‘‘(II) with respect to which a deduction for (A), year 1 shall begin on the first day of the Federal facilities. depreciation (or amortization in lieu of de- taxable year in which the qualified child TITLE I—TAX RELIEF TO INCREASE CHILD preciation) is allowable, and care facility is placed in service by the tax- CARE AFFORDABILITY ‘‘(III) which does not constitute part of the payer. ‘‘(3) RECAPTURE EVENT DEFINED.—For pur- SEC. 101. EXPANSION OF DEPENDENT CARE TAX principal residence (within the meaning of CREDIT. section 1034) of the taxpayer or any employee poses of this subsection, the term ‘recapture event’ means— (a) PERCENTAGE OF EMPLOYMENT-RELATED of the taxpayer, ‘‘(A) CESSATION OF OPERATION.—The ces- EXPENSES DETERMINED BY TAXPAYER STA- ‘‘(ii) for the operating costs of a qualified sation of the operation of the facility as a TUS.—Section 21(a)(2) of the Internal Reve- child care facility of the taxpayer, including nue Code of 1986 (defining applicable percent- costs related to the training of employees, qualified child care facility. age) is amended to read as follows: ‘‘(iii) under a contract with a qualified ‘‘(B) CHANGE IN OWNERSHIP.— ‘‘(i) IN GENERAL.—Except as provided in ‘‘(2) APPLICABLE PERCENTAGE DEFINED.—For child care facility to provide child care serv- purposes of paragraph (1), the term ‘applica- ices to employees of the taxpayer, or clause (ii), the disposition of a taxpayer’s in- ble percentage’ means 50 percent reduced ‘‘(iv) under a contract to provide child care terest in a qualified child care facility with (but not below zero) by 1 percentage point resource and referral services to employees respect to which the credit described in sub- for each $1,500, or fraction thereof, by which of the taxpayer. section (a) was allowable. the taxpayers’s adjusted gross income for the ‘‘(2) EXCLUSION FOR AMOUNTS FUNDED BY ‘‘(ii) AGREEMENT TO ASSUME RECAPTURE LI- taxable year exceeds $30,000.’’. GRANTS, ETC.—The term ‘qualified child care ABILITY.—Clause (i) shall not apply if the (b) MINIMUM CREDIT ALLOWED FOR STAY-AT- expenditure’ shall not include any amount to person acquiring such interest in the facility HOME PARENTS.—Section 21(e) of the Internal the extent such amount is funded by any agrees in writing to assume the recapture li- Revenue Code of 1986 (relating to special grant, contract, or otherwise by another per- ability of the person disposing of such inter- rules) is amended by adding at the end the son (or any governmental entity). est in effect immediately before such disposi- following: ‘‘(3) QUALIFIED CHILD CARE FACILITY.— tion. In the event of such an assumption, the ‘‘(11) MINIMUM CREDIT ALLOWED FOR STAY- ‘‘(A) IN GENERAL.—The term ‘qualified person acquiring the interest in the facility AT-HOME PARENTS.—Notwithstanding sub- child care facility’ means a facility— shall be treated as the taxpayer for purposes section (d), in the case of any taxpayer with ‘‘(i) the principal use of which is to provide of assessing any recapture liability (com- one or more qualifying individuals described child care assistance, and puted as if there had been no change in own- in subsection (b)(1)(A) under the age of 4 at ‘‘(ii) which meets the requirements of all ership). any time during the taxable year, such tax- applicable laws and regulations of the State ‘‘(4) SPECIAL RULES.— payer shall be deemed to have employment- or local government in which it is located, ‘‘(A) TAX BENEFIT RULE.—The tax for the related expenses with respect to such quali- including, but not limited to, the licensing of taxable year shall be increased under para- fying individuals in an amount equal to the the facility as a child care facility. graph (1) only with respect to credits allowed by reason of this section which were used to greater of— Clause (i) shall not apply to a facility which reduce tax liability. In the case of credits ‘‘(A) the amount of employment-related is the principal residence (within the mean- not so used to reduce tax liability, the expenses incurred for such qualifying indi- ing of section 1034) of the operator of the fa- carryforwards and carrybacks under section viduals for the taxable year (determined cility. 39 shall be appropriately adjusted. under this section without regard to this ‘‘(B) SPECIAL RULES WITH RESPECT TO A TAX- ‘‘(B) NO CREDITS AGAINST TAX.—Any in- paragraph), or PAYER.—A facility shall not be treated as a crease in tax under this subsection shall not ‘‘(B) $150 for each month in such taxable qualified child care facility with respect to a be treated as a tax imposed by this chapter year during which such qualifying individual taxpayer unless— for purposes of determining the amount of is under the age of 4.’’. ‘‘(i) enrollment in the facility is open to any credit under subpart A, B, or D of this (c) EFFECTIVE DATE.—The amendments employees of the taxpayer during the taxable part. made by this section apply to taxable years year, ‘‘(C) NO RECAPTURE BY REASON OF CASUALTY beginning after December 31, 1998. ‘‘(ii) the facility is not the principal trade LOSS.—The increase in tax under this sub- SEC. 102. PROMOTION OF DEPENDENT CARE AS- or business of the taxpayer unless at least 30 section shall not apply to a cessation of op- SISTANCE PROGRAMS. percent of the enrollees of such facility are eration of the facility as a qualified child (a) PROMOTION OF DEPENDENT CARE ASSIST- dependents of employees of the taxpayer, and care facility by reason of a casualty loss to ANCE PROGRAMS.—The Secretary of Labor ‘‘(iii) the use of such facility (or the eligi- the extent such loss is restored by recon- shall establish a program to promote aware- bility to use such facility) does not discrimi- struction or replacement within a reasonable ness of the use of dependent care assistance nate in favor of employees of the taxpayer period established by the Secretary. programs (as described in section 129(d) of who are highly compensated employees ‘‘(e) SPECIAL RULES.—For purposes of this the Internal Revenue Code of 1986) by em- (within the meaning of section 414(q)). ployers. section— (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(d) RECAPTURE OF ACQUISITION AND CON- ‘‘(1) AGGREGATION RULES.—All persons There is authorized to be appropriated to STRUCTION CREDIT.— which are treated as a single employer under carry out the program under paragraph (1) ‘‘(1) IN GENERAL.—If, as of the close of any subsections (a) and (b) of section 52 shall be $1,000,000 for each of fiscal years 2000, 2001, taxable year, there is a recapture event with treated as a single taxpayer. 2002, and 2003. respect to any qualified child care facility of ‘‘(2) PASS-THRU IN THE CASE OF ESTATES AND SEC. 103. ALLOWANCE OF CREDIT FOR EM- the taxpayer, then the tax of the taxpayer TRUSTS.—Under regulations prescribed by PLOYER EXPENSES FOR CHILD CARE under this chapter for such taxable year the Secretary, rules similar to the rules of ASSISTANCE. shall be increased by an amount equal to the subsection (d) of section 52 shall apply. (a) IN GENERAL.—Subpart D of part IV of product of— ‘‘(3) ALLOCATION IN THE CASE OF PARTNER- subchapter A of chapter 1 of the Internal ‘‘(A) the applicable recapture percentage, SHIPS.—In the case of partnerships, the cred- Revenue Code of 1986 (relating to business re- and it shall be allocated among partners under lated credits) is amended by adding at the ‘‘(B) the aggregate decrease in the credits regulations prescribed by the Secretary. end the following: allowed under section 38 for all prior taxable ‘‘(f) NO DOUBLE BENEFIT.— ‘‘SEC. 45D. EMPLOYER-PROVIDED CHILD CARE years which would have resulted if the quali- ‘‘(1) REDUCTION IN BASIS.—For purposes of CREDIT. fied child care expenditures of the taxpayer this subtitle— ‘‘(a) ALLOWANCE OF CREDIT.—For purposes described in subsection (c)(1)(A) with respect ‘‘(A) IN GENERAL.—If a credit is determined of section 38, the employer-provided child to such facility had been zero. under this section with respect to any prop- care credit determined under this section for ‘‘(2) APPLICABLE RECAPTURE PERCENTAGE.— erty by reason of expenditures described in the taxable year is an amount equal to 20 ‘‘(A) IN GENERAL.—For purposes of this sub- subsection (c)(1)(A), the basis of such prop- percent of the qualified child care expendi- section, the applicable recapture percentage erty shall be reduced by the amount of the tures of the taxpayer for such taxable year. shall be determined from the following table: credit so determined. S2594 CONGRESSIONAL RECORD — SENATE March 11, 1999

‘‘(B) CERTAIN DISPOSITIONS.—If during any shall award grants to eligible entities to de- Act of 1990 (42 U.S.C. 9858c(2)(G)) is amended taxable year there is a recapture amount de- velop distance learning child care training by striking the period and inserting ‘‘, and termined with respect to any property the technology infrastructures and to develop provide the percentage of completed child basis of which was reduced under subpara- model technology-based training courses for care provider inspections that were required graph (A), the basis of such property (imme- child care providers and child care workers. under State law for each of the 2 preceding diately before the event resulting in such re- The Secretary shall, to the maximum extent fiscal years.’’. capture) shall be increased by an amount possible, ensure that grants for the develop- (2) EFFECTIVE DATE.—The amendment equal to such recapture amount. For pur- ment of distance learning child care training made by paragraph (1) applies to State plans poses of the preceding sentence, the term ‘re- technology infrastructures are awarded in under the Child Care and Development Block capture amount’ means any increase in tax those regions of the United States with the Grant Act of 1990 (42 U.S.C. 9858 et seq.) on (or adjustment in carrybacks or carryovers) fewest training opportunities for child care and after September 1, 1999. determined under subsection (d). providers. (b) ELIGIBILITY REQUIREMENTS.—To be eli- (b) INCREASED OR DECREASED ALLOT- ‘‘(2) OTHER DEDUCTIONS AND CREDITS.—No deduction or credit shall be allowed under gible to receive a grant under subsection (a), MENTS.—Section 658O(b) of the Child Care any other provision of this chapter with re- an entity shall— and Development Block Grant Act of 1990 (42 spect to the amount of the credit determined (1) develop the technological and logistical U.S.C. 9858m(b)) is amended— under this section. aspects of the infrastructure described in (1) in paragraph (1), in the matter preced- this section and have the capability of im- ‘‘(g) TERMINATION.—This section shall not ing subparagraph (A), by inserting ‘‘, subject apply to taxable years beginning after De- plementing and maintaining the infrastruc- to paragraph (5),’’ after ‘‘shall’’; and cember 31, 2003.’’. ture; (2) by adding at the end the following: (b) CONFORMING AMENDMENTS.— (2) to the maximum extent possible, de- ‘‘(5) INCREASED OR DECREASED ALLOTMENT (1) Section 38(b) of the Internal Revenue velop partnerships with secondary schools, BASED ON STATE INSPECTION RATE.— Code of 1986 is amended— institutions of higher education, State and ‘‘(A) INCREASED ALLOTMENT FOR FISCAL (A) by striking out ‘‘plus’’ at the end of local government agencies, and private child YEARS 2000, 2001, AND 2002.— paragraph (11), care organizations for the purpose of sharing ‘‘(i) IN GENERAL.—Subject to clause (iii), (B) by striking out the period at the end of equipment, technical assistance, and other for fiscal years 2000, 2001, and 2002, the allot- paragraph (12), and inserting a comma and technological resources, including— ment determined for a State under para- ‘‘plus’’, and (A) sites from which individuals may ac- graph (1) for each such fiscal year shall be in- (C) by adding at the end the following new cess the training; creased by an amount equal to 10 percent of paragraph: (B) conversion of standard child care train- such allotment for the fiscal year involved ‘‘(13) the employer-provided child care ing courses to programs for distance learn- with respect to any State— ing; and credit determined under section 45D.’’. ‘‘(I) that certifies to the Secretary that the (C) ongoing networking among program (2) The table of sections for subpart D of State has not reduced the scope of any State participants; and part IV of subchapter A of chapter 1 of such child care health or safety standards or re- (3) develop a mechanism for participants Code is amended by adding at the end the quirements that were in effect as of Decem- to— following new item: ber 31, 1998; and (A) evaluate the effectiveness of the infra- ‘‘(II) that, with respect to the preceding ‘‘Sec. 45D. Employer-provided child care structure, including the availability and af- fiscal year, had a percentage of completed credit.’’. fordability of the infrastructure, and the child care provider inspections (as required training offered the infrastructure; and (c) EFFECTIVE DATE.—The amendments to be reported under section 658E(c)(2)(G)), (B) make recommendations for improve- made by this section shall apply to taxable that equaled or exceeded the target inspec- years beginning after December 31, 1998. ments to the infrastructure. (c) APPLICATION.—To be eligible to receive tion and enforcement percentage specified TITLE II—ENCOURAGING QUALITY CHILD a grant under subsection (a), an entity shall under clause (ii) for the fiscal year for which CARE submit an application to the Secretary at the allotment is to be paid. Subtitle A—Dissemination of Information such time and in such manner as the Sec- ‘‘(ii) TARGET INSPECTION AND ENFORCEMENT About Quality Child Care retary may require, and that includes— PERCENTAGE.—For purposes of clause (i)(II), SEC. 201. COLLECTION AND DISSEMINATION OF (1) a description of the partnership organi- the target inspection and enforcement per- INFORMATION. zations through which the distance learning centage is— (a) COLLECTION AND DISSEMINATION OF IN- programs will be disseminated and made ‘‘(I) for fiscal year 2000, 75 percent; FORMATION.—The Secretary of Health and available; ‘‘(II) for fiscal year 2001, 80 percent; and Human Services shall, directly or through a (2) the capacity of the infrastructure in ‘‘(III) for fiscal year 2002, 100 percent. contract awarded on a competitive basis to a terms of the number and type of distance ‘‘(iii) PRO RATA REDUCTIONS IF INSUFFICIENT qualified entity, collect and disseminate— learning programs that will be made avail- APPROPRIATIONS.—The Secretary shall make (1) information concerning health and safe- able; pro rata reductions in the percentage in- ty in various child care settings that would (3) the expected number of individuals to crease otherwise required under clause (i) for assist— participate in the distance learning pro- a State allotment for a fiscal year as nec- (A) the provision of safe and healthful en- grams; and essary so that the aggregate of all the allot- vironments by child care providers; and (4) such additional information as the Sec- ments made under this section do not exceed (B) the evaluation of child care providers retary may require. the amount appropriated for that fiscal year by parents; and (d) LIMITATION ON FEES.—No entity receiv- under section 658B. (2) relevant findings in the field of early ing a grant under this section may collect ‘‘(B) DECREASED ALLOTMENT FOR FISCAL childhood learning and development. fees from an individual for participation in a YEARS 2001 AND 2002.— (b) INFORMATION AND FINDINGS TO BE GEN- distance learning child care training pro- ‘‘(i) IN GENERAL.—The allotment deter- ERALLY AVAILABLE.— gram funded in whole or in part by this sec- mined for a State under paragraph (1) for (1) SECRETARIAL RESPONSIBILITY.—The Sec- tion that exceed the pro rata share of the each of fiscal years 2001 and 2002 shall be de- retary of Health and Human Services shall amount expended by the entity to provide creased by an amount equal to 10 percent of make the information and findings described materials for the training program and to such allotment for the fiscal year involved in subsection (a) generally available to develop, implement, and maintain the infra- with respect to any State that, with respect States, units of local governments, private structure (minus the amount of the grant to the preceding fiscal year, had a percent- nonprofit child care organizations (including awarded by this section). age of completed child care provider inspec- resource and referral agencies), employers, (e) RULE OF CONSTRUCTION.—Nothing in tions (as required to be reported under sec- child care providers, and parents. this section shall be construed as requiring a tion 658E(c)(2)(G)) that was below the mini- (2) DEFINITION OF GENERALLY AVAILABLE.— child care provider to subscribe to or com- mum inspection and enforcement percentage For purposes of paragraph (1), the term ‘‘gen- plete a distance learning child care training specified under clause (ii) for the fiscal year erally available’’ means that the informa- program made available by this section. for which the allotment is to be paid. tion and findings shall be distributed SEC. 203. AUTHORIZATION OF APPROPRIATIONS. ‘‘(ii) MINIMUM INSPECTION AND ENFORCE- through resources that are used by, and There is authorized to be appropriated to MENT PERCENTAGE.—For purposes of clause available to, the public, including such re- carry out this subtitle $50,000,000 for each of (i), the minimum inspection and enforce- sources as brochures, Internet web sites, fiscal years 2000 through 2004. ment percentage is— toll-free telephone information lines, and Subtitle B—Increased Enforcement of State ‘‘(I) for fiscal year 2001, 50 percent; and public and private resource and referral or- Health and Safety Standards ‘‘(II) for fiscal year 2002, 75 percent. ganizations. SEC. 211. ENFORCEMENT OF STATE HEALTH AND ‘‘(iii) REQUIREMENT TO EXPEND STATE SEC. 202. GRANTS FOR THE DEVELOPMENT OF A SAFETY STANDARDS. FUNDS TO REPLACE REDUCTION.—If the allot- CHILD CARE TRAINING INFRA- (a) IDENTIFICATION OF STATE INSPECTION ment determined for a State for a fiscal year STRUCTURE. RATE.— is reduced by reason of clause (i), the State (a) AUTHORITY TO AWARD GRANTS.—The (1) IN GENERAL.—Section 658E(c)(2)(G) of shall, during the immediately succeeding fis- Secretary of Health and Human Services the Child Care and Development Block Grant cal year, expend additional State funds March 11, 1999 CONGRESSIONAL RECORD — SENATE S2595

under the State plan funded under this sub- (4) LIMITATION.—With respect to grant the number of child care facilities funded chapter by an amount equal to the amount funds received under this section, a State through entities that received assistance of such reduction.’’. may not provide in excess of $100,000 in as- through a grant made under this section that Subtitle C—Removal of Barriers to sistance from such funds to any single appli- remain in operation and the extent to which Increasing the Supply of Quality Child Care cant. such facilities are meeting the child care (e) MATCHING REQUIREMENT.—To be eligible SEC. 221. INCREASED AUTHORIZATION OF AP- needs of the individuals served by such fa- PROPRIATIONS FOR THE CHILD to receive a grant under this section a State cilities. CARE AND DEVELOPMENT BLOCK shall provide assurances to the Secretary (B) REPORT.—Not later than 52 months GRANT ACT. that, with respect to the costs to be incurred after the date of enactment of this Act, the Section 658B of the Child Care and Devel- by an entity receiving assistance in carrying Secretary shall prepare and submit to the opment Block Grant Act of 1990 (42 U.S.C. out activities under this section, the entity appropriate committees of Congress a report 9858) is amended to read as follows: will make available (directly or through do- on the results of the study conducted in ac- ‘‘SEC. 658B. AUTHORIZATION OF APPROPRIA- nations from public or private entities) non- cordance with subparagraph (A). TIONS. Federal contributions to such costs in an (i) DEFINITION.—As used in this section, the ‘‘There is authorized to be appropriated to amount equal to— term ‘‘small business’’ means an employer carry out this subchapter— (1) for the first fiscal year in which the en- who employed an average of at least 2 but ‘‘(1) for fiscal year 1999, $1,182,672,000; tity receives such assistance, not less than 50 not more than 50 employees on business days ‘‘(2) for fiscal year 2000, $1,500,000,000; percent of such costs ($1 for each $1 of assist- during the preceding calendar year. ‘‘(3) for fiscal year 2001, $1,750,000,000; ance provided to the entity under the grant); (j) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(4) for fiscal year 2002, $2,000,000,000; (2) for the second fiscal year in which an There is authorized to be appropriated to ‘‘(5) for fiscal year 2003, $2,250,000,000; and entity receives such assistance, not less than carry out this section, $60,000,000 for the pe- ‘‘(6) for fiscal year 2004, $2,500,000,000.’’. 662⁄3 percent of such costs ($2 for each $1 of riod of fiscal years 2000 through 2002. With SEC. 222. SMALL BUSINESS CHILD CARE GRANT assistance provided to the entity under the respect to the total amount appropriated for PROGRAM. grant); and such period in accordance with this sub- (a) ESTABLISHMENT.—The Secretary of (3) for the third fiscal year in which an en- section, not more than $5,000,000 of that Health and Human Services (in this section tity receives such assistance, not less than 75 amount may be used for expenditures related referred to as the ‘‘Secretary’’) shall estab- percent of such costs ($3 for each $1 of assist- to conducting evaluations required under, lish a program to award grants to States to ance provided to the entity under the grant). and the administration of, this section. (f) REQUIREMENTS OF PROVIDERS.—To be el- assist States in providing funds to encourage (k) TERMINATION OF PROGRAM.—The pro- igible to receive assistance under a grant the establishment and operation of employer gram established under subsection (a) shall awarded under this section a child care pro- operated child care programs. terminate on September 30, 2003. (b) APPLICATION.—To be eligible to receive vider shall comply with all applicable State a grant under this section, a State shall pre- and local licensing and regulatory require- SEC. 223. GAO REPORT REGARDING THE RELA- ments and all applicable health and safety TIONSHIP BETWEEN LEGAL LIABIL- pare and submit to the Secretary an applica- ITY CONCERNS AND THE AVAILABIL- tion at such time, in such manner, and con- standards in effect in the State. ITY AND AFFORDABILITY OF CHILD taining such information as the Secretary (g) ADMINISTRATION.— CARE. may require, including an assurance that the (1) STATE RESPONSIBILITY.—A State shall Not later than 6 months after the date of funds required under subsection (e) will be have responsibility for administering the enactment of this Act, the Comptroller Gen- provided. grant awarded under this section and for eral of the United States shall report to Con- (c) AMOUNT OF GRANT.—The Secretary monitoring entities that receive assistance gress regarding whether and, if so, the extent shall determine the amount of a grant to a under such grant. to which, concerns regarding potential legal State under this section based on the popu- (2) AUDITS.—A State shall require each en- liability exposure inhibit the availability lation of the State as compared to the popu- tity receiving assistance under a grant and affordability of child care. The report lation of all States. awarded under this section to conduct an an- shall include an assessment of whether such (d) USE OF FUNDS.— nual audit with respect to the activities of concerns prevent— (1) IN GENERAL.—A State shall use amounts the entity. Such audits shall be submitted to (1) employers from establishing on or near- provided under a grant awarded under this the State. site child care for their employees; section to provide assistance to small busi- (3) MISUSE OF FUNDS.— (2) schools or community centers from al- nesses located in the State to enable the (A) REPAYMENT.—If the State determines, lowing their facilities to be used for on-site small businesses to establish and operate through an audit or otherwise, that an en- child care; and child care programs. Such assistance may tity receiving assistance under a grant (3) individuals from providing professional, include— awarded under this section has misused the licensed child care services in their homes. (A) technical assistance in the establish- assistance, the State shall notify the Sec- ment of a child care program; retary of the misuse. The Secretary, upon Subtitle D—Quality Child Care Through (B) assistance for the start up costs related such a notification, may seek from such an Federal Facilities and Programs to a child care program; entity the repayment of an amount equal to SEC. 231. PROVIDING QUALITY CHILD CARE IN (C) assistance for the training of child care the amount of any misused assistance plus FEDERAL FACILITIES. providers; interest. (a) DEFINITIONS.—In this section: (D) scholarships for low-income wage earn- (B) APPEALS PROCESS.—The Secretary shall (1) ADMINISTRATOR.—The term ‘‘Adminis- ers; by regulation provide for an appeals process trator’’ means the Administrator of General (E) the provision of services to care for with respect to repayments under this para- Services. sick children or to provide care to school graph. (2) EXECUTIVE AGENCY.—The term ‘‘Execu- aged children; (h) REPORTING REQUIREMENTS.— tive agency’’ has the meaning given the term (F) the entering into of contracts with (1) 2-YEAR STUDY.— in section 105 of title 5, United States Code, local resource and referral or local health de- (A) IN GENERAL.—Not later than 2 years but does not include the Department of De- partments; after the date on which the Secretary first fense. (G) care for children with disabilities; or provides grants under this section, the Sec- (3) EXECUTIVE FACILITY.—The term ‘‘execu- (H) assistance for any other activity deter- retary shall conduct a study to determine— tive facility’’ means a facility that is owned mined appropriate by the State. (i) the capacity of entities to meet the or leased by an Executive agency. (2) APPLICATION.—To be eligible to receive child care needs of communities within a (4) FEDERAL AGENCY.—The term ‘‘Federal assistance from a State under this section, a State; agency’’ means an Executive agency, a judi- small business shall prepare and submit to (ii) the kinds of partnerships that are being cial office, or a legislative office. the State an application at such time, in formed with respect to child care at the local (5) JUDICIAL FACILITY.—The term ‘‘judicial such manner, and containing such informa- level; and facility’’ means a facility that is owned or tion as the State may require. (iii) who is using the programs funded leased by a judicial office. (3) PREFERENCE.— under this section and the income levels of (6) JUDICIAL OFFICE.—The term ‘‘judicial of- (A) IN GENERAL.—In providing assistance such individuals. fice’’ means an entity of the judicial branch under this section, a State shall give priority (B) REPORT.—Not later than 28 months of the Federal Government. to applicants that desire to form a consor- after the date of enactment of this Act, the (7) LEGISLATIVE FACILITY.—The term ‘‘leg- tium to provide child care in geographic Secretary shall prepare and submit to the islative facility’’ means a facility that is areas within the State where such care is not appropriate committees of Congress a report owned or leased by a legislative office. generally available or accessible. on the results of the study conducted in ac- (8) LEGISLATIVE OFFICE.—The term ‘‘legis- (B) CONSORTIUM.—For purposes of subpara- cordance with subparagraph (A). lative office’’ means an entity of the legisla- graph (A), a consortium shall be made up of (2) 4-YEAR STUDY.— tive branch of the Federal Government. 2 or more entities which may include busi- (A) IN GENERAL.—Not later than 4 years (b) EXECUTIVE BRANCH STANDARDS AND EN- nesses, nonprofit agencies or organizations, after the date on which the Secretary first FORCEMENT.— local governments, or other appropriate enti- provides grants under this section, the Sec- (1) STATE AND LOCAL LICENSING REQUIRE- ties. retary shall conduct a study to determine MENTS.— S2596 CONGRESSIONAL RECORD — SENATE March 11, 1999 (A) IN GENERAL.—The Administrator shall Director described in subsection (d)(2) under ing for Children Act would expand eli- issue regulations requiring any entity oper- such subsection, as appropriate. gibility for the Dependent Care Tax ating a child care center in an executive fa- Mr. HATCH. Mr. President, as this Credit (DCTC) to families with young cility to comply with applicable State and decade nears a close, and as our Nation children in which one parent remained local licensing requirements related to the provision of child care. has enjoyed an unprecedented period of at home. (B) COMPLIANCE.—The regulations shall re- economic growth, there remains an Our bill assumes child care expenses quire that, not later than 6 months after the issue that affects many American fam- for such a family of $150 per month. date of enactment of this Act— ilies. I am referring to child care. Thus, a family earning $30,000 with two (i) the entity shall comply, or make sub- It has been nearly 9 years since the children, ages 3 and 1, in Farmington, stantial progress (as determined by the Ad- passage of the bipartisan Child Care UT, in which one parent remains at ministrator) toward complying, with the re- and Development Block Grant Act. I home, would receive a tax credit of $900 quirements; and was proud to have been a sponsor of (50 percent of $15012 months). (ii) any contract for the operation of such this legislation, and I remain commit- Some have criticized our bill for not a child care center shall include a condition that the child care be provided in accordance ted to its goals, structure, and prin- giving the same tax benefits to fami- with the requirements. ciples. lies with a stay-at-home parent. (2) EVALUATION AND ENFORCEMENT.—The Though the CCDBG has led to great Frankly, I support such parity in the Administrator shall evaluate the compliance improvements in the child care situa- DCTC. I would like our bill to be able of the entities described in paragraph (1) tion facing low-income families in to provide a larger credit. But, expand- with the regulations issued under that para- every State, it has become clear that ing eligibility for this credit is an ex- graph. The Administrator may conduct the more needs to be done to help the fam- pensive proposition. While we may not evaluation of such an entity directly, or ily. In my home State of Utah, an ex- be able to propose DCTC parity in one through an agreement with another Federal agency, other than the Federal agency for traordinary 57 percent of mothers with fell swoop, we should establish the con- which the entity is providing child care. If children under the age of 6 are in the cept in this bill and increase the level the Administrator determines, on the basis labor force, and 134,000 children under of benefit as quickly as we can. But, we of such an evaluation, that the entity is not the age of 6 in Utah will be cared for by should not fail to do something just be- in compliance with the regulations, the Ad- someone other than their parents. cause we cannot do it all. ministrator shall notify the Executive agen- I am pleased to again join my col- Many families across America elect cy. leagues—Senators CHAFEE, SNOWE, to forego a second income in order to (c) LEGISLATIVE BRANCH STANDARDS AND ROBERTS, SPECTER, COLLINS, and COCH- have a parent remain at home with ENFORCEMENT.— RAN—each of whom has a long record of children. Federal policy has so far (1) STATE AND LOCAL LICENSING REQUIRE- concern and involvement in child care failed to recognize parental care as MENTS AND ACCREDITATION STANDARDS.—The Architect of the Capitol shall issue regula- issues—in sponsoring this measure. child care, even if many people, myself tions for entities operating child care cen- The Caring for Children Act is a com- included, consider it the best possible ters in legislative facilities, which shall be prehensive, realistic child care pro- care. I happen to believe that parental the same as the regulations issued by the posal, which we believe will benefit care is the best care there is. Administrator under subsection (b)(1), ex- middle- and lower-income American And, let me offer a word of praise and cept to the extent that the Architect may families who struggle to get ahead or gratitude for my wife, Elaine. Elaine determine, for good cause shown and stated struggle to keep up. could have had a successful career as a together with the regulations, that a modi- First, the Caring for Children Act professional educator. Instead, she fication of such regulations would be more effective for the implementation of the re- will, by expanding the Dependent Care chose to stay home with our children— quirements and standards described in such Tax Credit, cut taxes for many middle- all of whom are now married with chil- paragraphs. and lower-income families. Under the dren of their own. (2) EVALUATION AND ENFORCEMENT.—Sub- current system, the maximum credit of Of course, my daughters and daugh- section (b)(2) shall apply to the Architect of 30 percent is available only to families ters-in-law will make their own choices the Capitol, entities operating child care with incomes of $10,000 or less. Our pro- about balancing career and family. Dif- centers in legislative facilities, and legisla- posal increases the Dependent Care Tax ferent families make different choices tive offices. For purposes of that application, Credit (DCTC) from 30 percent to 50 and face different circumstances that references in subsection (b)(2) to regulations shall be considered to be references to regu- percent. The maximum income is also drive their choices. Our bill asserts lations issued under this subsection. increased to $30,000. The maximum al- that the Dependent Care Tax Credit (d) JUDICIAL BRANCH STANDARDS AND EN- lowable expenses of $2,400 for one child should be available to families regard- FORCEMENT.— and $4,800 for two or more children will less of their choice. The DCTC should (1) STATE AND LOCAL LICENSING REQUIRE- remain the same. be a tax credit to help families care for MENTS AND ACCREDITATION STANDARDS.—The For example, a working family in children, not just a credit for employ- Director of the Administrative Office of the Vernal, UT, earning $30,000 with two ment expenses. We should not mini- United States Courts shall issue regulations children, could receive a tax credit of mize the significance of this change in for entities operating child care centers in $2,400 (50 percent of $4,800), instead of the federal child care paradigm. judicial facilities, which shall be the same as the regulations issued by the Administrator $960 under the current law. Yet, many working but low-income under subsection (b)(1), except to the extent Our bill also lowers the maximum families have no tax liability and will that the Director may determine, for good credit more gradually than current not benefit from our proposed changes cause shown and stated together with the law. This provides a form of tax relief to the DCTC. These families, many of regulations, that a modification of such reg- for DCTC-eligible families earning be- which may be headed by single parents ulations would be more effective for the im- tween $30,000 and $75,000. This change is or headed by individuals moving from plementation of the requirements and stand- intended to benefit an often forgotten welfare to work, are struggling to ards described in such paragraphs. group—taxpayers who earn too much make ends meet. (2) EVALUATION AND ENFORCEMENT.—Sub- for Federal breaks but not enough for section (b)(2) shall apply to the Director de- One of the family’s biggest expenses scribed in paragraph (1), entities operating child care expenses not to be a big bite is child care. child care centers in judicial facilities, and out of their budget. The cost of child care, like almost judicial offices. For purposes of that applica- This proposal also breaks new everything else, has increase in the 9 tion, references in subsection (b)(2) to regu- ground. It recognizes, for the first years since the implementation of the lations shall be considered to be references time, as a matter of Federal child care Child Care and Development Block to regulations issued under this subsection. policy, that many families elect to Grant. When the CCDBG was enacted, (e) APPLICATION.—Notwithstanding any have one parent remain at home to the average cost of care per child was other provision of this section, if 3 or more serve as the primary are giver. We un- $3,000. Today, it is estimated to be child care centers are operated in facilities derstand the value of a parent at home owned or leased by a Federal agency, the more than $4,000 per child. head of the Federal agency may carry out to care for a child, both in terms of I invite senators to do the math: If a the responsibilities assigned to the Adminis- quality of care and monetary sacrifice. parent is making $10 an hour ($20,800 trator under subsection (b)(2), the Architect Such families pay for their child care per year before taxes) and has just one of the Capitol under subsection (c)(2), or the by forfeiting a second income. The Car- child, child care expenses claim almost March 11, 1999 CONGRESSIONAL RECORD — SENATE S2597 one-fifth of the family budget. It is no major issues in child care: afford- I have pledged to work to improve wonder that the Utah Child Protective ability, availability, and quality. I be- child care. I will continue this effort. I Services told me some years ago about lieve the bill we are introducing today look forward to working with my col- a mother who was forced to choose be- is measured and responsible. leagues to expand child care options tween groceries and child care. In no way is this a government and protect our nation’s most valuable The Caring for Children Act proposes knows best model of social problem resource, our children. to increase the authorization of appro- solving; rather, it builds on what we al- Mr. SPECTER. Mr. President, I have priations for the Child Care and Devel- ready know works and what we already sought recognition to once again join opment Block grant Act (CCDBG), know that parents want. They want re- my colleagues in introducing the Car- which states use to subsidize child care sources and information to make their ing for Children Act, which will ease for low-income parents and to develop own decisions and to care for their own the financial burden of child care for new capacity in areas—both geographic children. They want input into the American families—for those parents and functional—where there are short- plans developed by states. They want who work, and for those who choose to ages. control over child care. stay home to raise their children for a In Utah, as in other states as well, The bill we are introducing today en- period of time. This legislation is iden- smaller and more rural communities deavors to put government on the side tical to the child care proposal my col- often have shortages of child care. And, of parents by returning resources to leagues and I introduced during the nearly every community suffers short- them through tax credits, by enabling 105th Congress, on January 28, 1998. I ages of infant care, after school care, states to do more under the CCDBG, by believe it is vital that the Congress and care for special needs children. increasing available child care infor- The CCDBG is the only federal pro- recognize the importance of affordable, mation, and, finally by respecting the quality child care to the successful de- gram we have for assisting low-income choices they make. working families with child care ex- velopment of our children. I am again pleased to join my col- The Caring for Children Act is a mid- penses. We are not proposing to create leagues in this legislation and hope another one. We are not expanding the dle-ground, targeted response to the other Senators will support this meas- growing child care needs facing Amer- statutory eligibility or entitlement for ure as well. this program. The Caring for Children ican families. Our bill includes tax in- Mr. ROBERTS. Mr. President, I am centives for employers and parents, Act merely makes it possible for states pleased to join with my colleagues to to serve more eligible people and to ad- and an increase in funding for pro- reintroduce legislation to help meet grams that assist the most needy fami- dress more of the problem of shortages the child care challenges facing fami- under the provisions of the CCDBG. lies. Most importantly, our bill pro- lies in Kansas and around the nation. poses prudent adjustments to discre- I have said many times in this body Child care, in the home when possible that I do not support federal assistance tionary programs rather than imple- and outside the home when parents for those who are able but do not help menting new mandatory spending. work, goes right to the heart of keep- themselves. But, I likewise believe that ing families strong. Our bill would expand the Dependent some help is warranted when people are Unfortunately, just being able to af- Care tax credit to make it more acces- working and doing all they can to pro- ford child care is a major issue for sible to families who need it, double vide for their families. This is why I most families. Some child care can the authorization for the Child Care joined as a sponsor of the Child Care cost as much as college tuition and Development Block Grant, and provide and Development Block Grant 10 years consume up to 40 percent of a family’s grants to small businesses to create or ago. I do not want Utah families to income. Finding quality care is an- enhance child care facilities for their have to choose between child care and other challenge. employees. This bill also includes pro- food. visions from the proposal I introduced We still face issues of quality of care. Welfare reforms have cut Kansas wel- fare rolls in half since 1996. As more during the 105th Congress with my col- Our bill affirms state prerogatives to leagues, Congressman JON FOX, The Af- set their own standards for child care. and more of these families come off the rolls, child care needs grow. About half fordable Child Care Act, which provides My colleagues are well aware of my a tax credit for employers who provide strong opposition to any federal effort of the 11,000 families that have left wel- fare rolls in Kansas have young chil- on-site or site-adjacent child care to to set or imply federal standards. their employees in order to reduce the States must be allowed discretion in dren. In order to continue the success- ful transition from welfare to work, child care expenses of the employee. this. But, our bill also recognizes that Not all families choose the same op- standards are worthless if they are not parents, especially single parents, must have access to affordable, quality child tion for child care. Many families rely enforced. on relatives, centers operated by To encourage states to make a care. churches and other religious organiza- stronger commitment to enforce their Only parents can and should decide tions, centers at or near their work- own standards for child care, the Car- what child care arrangements work place, or make other arrangements to ing for Children Act provides a system best for their children. This includes provide care for their children while of bonuses for states who exceed a the decision to stay at home. threshold of inspections or, conversely, The Caring for Children Act includes they work. In light of the diverse needs penalties for those who fail to conduct provisions to allow a parent who is able for child care in America, this bill rep- a minimum number of inspections. In to stay at home and care for a child to resents a good start toward expanding my view, the most stringent standards receive a tax credit to help cover ex- the choices for American parents. And, in the world do not provide any assur- penses. This credit applies during the any such legislation must recognize ance of quality care if providers do not first three years of a child’s life and that there is a need to provide some re- believe standards will be enforced. amounts to about $900 per year. lief to families where one parent stays I also believe that the best assurance The Caring for Children Act takes at home. of quality is a parent’s own good judg- steps to assist small businesses that The need for affordable and acces- ment. The Caring for Children Act want to provide child care. I am sible day care is critical given the in- takes the very inexpensive, but poten- pleased that this bill includes a short- creasing numbers of working parents tially very productive step of providing term flexible grant program to encour- and dual-income families in the United funds for beefed up consumer informa- age these businesses to work together States. According to the Bureau of the tion to parents. to provide child care services. This pro- Census, in 1975, 31 percent of married There are other important provisions gram, which provides $60 million to the mothers with a child younger than age in our bill that are designed to encour- states, allows those closer to home to one participated in the labor force. By age private sector initiatives in child make decisions necessary to improve 1995, that figure had risen to 59 percent. care as well as to enhance training op- child care in communities. This fund- Almost 64 percent of married mothers portunities for child care providers. ing provides the start-up assistance and 53 percent of single mothers with All together, the Caring for Children necessary to create self-sustaining children younger than age six partici- Act attempts to address all three of the child care programs. pated in the labor force in 1995. S2598 CONGRESSIONAL RECORD — SENATE March 11, 1999 The cost of child care for families is gling to balance career and child rais- tion and psychological trauma, traf- also significant. Licensed day care cen- ing. I urge my colleagues to join me in fickers and brothel owners imprison ters in some urban areas cost as much cosponsoring this important legisla- women in a world of economic and sex- as $200 per week, and the disparity in tion, and I urge its swift adoption. ual exploitation that imposes a con- costs and availability of child care be- stant fear of arrest and deportation, as tween urban and rural grows greater By Mr. WELLSTONE. well as of violent reprisals by the traf- every day. For families which need or S. 600. A bill to combat the crime of fickers themselves, to whom the choose to have both parents work out- international trafficking and to pro- women must pay off ever-growing side the home, the burden of making tect the rights of victims; to the Com- debts. Many brothel owners actually child care decisions is great. These fig- mittee on Foreign Relations. prefer women—women who are far from ures serve to underscore the need for INTERNATIONAL TRAFFICKING OF WOMEN AND help and home, and who do not speak action on the part of the Federal Gov- CHILDREN VICTIM PROTECTION ACT OF 1999 the language—precisely because of the ernment to provide the necessary as- Mr. WELLSTONE. Mr. President, ease of controlling them. sistance to our Nation’s working fami- this week across the globe, men and Most of these women never imagined lies. women have celebrated International that they would enter such a hellish As Chairman of the Labor, Health Women’s Day, highlighting the world, having traveled abroad to find and Human Services, and Education achievements of women around the better jobs or to see the world. Many in Appropriations Subcommittee, I am world. From Qatar to Indonesia, the their naivete, believed that nothing pleased that this legislation would day was marked by women marching, bad could happen to them in the rich build on an existing Federal child care meeting, and protesting for recognition and comfortable countries such as program by authorizing an additional of their inherent dignity and fun- Switzerland, Germany, or the United $5 billion over 5 years to the Child Care damental human rights. I believe there States. Others, who are less naive but Development Block Grant program, is much work yet to be done to ensure desperate for money and opportunity, bringing total spending for this pro- that women and girls’ human rights are no less hurt by the trafficker’s bru- gram to nearly $2.5 billion annually by are protected and respected. tal grip. fiscal year 2003. The child care block One of the most horrendous human Last year, First Lady Hilary Clinton grant works well to assist low-income rights violations of our time is traf- spoke powerfully of this human trag- families acquire child care, and helped ficking in human beings, particularly edy. She said: ‘‘I have spoken to young over 93,000 Pennsylvania families last among women and children, for pur- girls in northern Thailand whose par- year. Fiscal year 1999 funding for this poses of sexual exploitation and forced ents were persuaded to sell them as vital assistance program totaled $1.182 labor. To curb this horrific practice, I prostitutes, and they received a great billion, $182 billion, $182 million above am introducing the ‘‘International deal of money by their standards. You the currently authorized level. By in- Trafficking of Women and Children could often tell the homes of where the creasing the authorization, we can help Victim Protection Act of 1999’’ which girls had been sold because they might even more families without creating a will put Congress on record as opposing even have a satellite dish or an addi- new entitlement program. trafficking for forced prostitution and tion built on their house. But I met Our legislation will also require domestic servitude, and acting to girls who had come home after they States to create and enforce safety and check it before the lives of more had been used up, after they had con- health standards in child care facili- women and girls are shattered. tracted HIV or AIDS. If you’ve ever ties, and provide money for the Depart- One of the fastest growing inter- held the hand of a 13-year-old girl ment of Health and Human Services to national trafficking businesses is the dying of AIDS, you can understand how disseminate information to parents and trade in women. Women and girls seek- critical it is that we take every step providers about quality child care, ing a better life, a good marriage, or a possible to prevent this happening to through brochures, toll-free hotlines, lucrative job abroad, unexpectedly find any other girl anywhere in the world. I the Internet, and other technological themselves forced to work as pros- also, in the Ukraine, heard of women assistance. titutes, or in sweat shops. Seeking this who told me with tears running down The Caring for Children Act com- better life, they are lured by local ad- their faces that young women in their plements my recent efforts to assist vertisements for good jobs in foreign communities were disappearing. They working families in the context of wel- countries at wages they could never answered ads that promised a much fare reform and children’s health insur- imagine at home. better future in another place and they ance. When Congress debated welfare Every year, the trafficking of human were never heard from again.’’ reform in 1995 and 1996, I worked to en- beings for the sex trade affects hun- These events are occurring not just sure that adequate funds were provided dreds of thousands of women through- in far off lands, but here at home in the for child care, a critical component for out the world. Women and children U.S. as well. According to a report in welfare mothers who would be required whose lives have been disrupted by eco- the Washington Post in 1997, the FBI to work to receive new limited welfare nomic collapse, civil wars, or fun- raided a massage parlor in downtown benefits. I am pleased that the welfare damental changes in political geog- Bethesda. The massage parlor was in- reform bill that became law provided raphy, such as the disintegration of the volved in the trafficking of Russian $20 billion in child care funding over a Soviet Union, have fallen prey to traf- women into the United States. The 6-year period. Similarly, I was pleased fickers. The United States government eight Russian women who worked to participate in the bipartisan effort estimates that 1–2 million women and there, lived at the massage parlor, in 1997 to enact legislation to provide girls are trafficked annually around sleeping on the massage tables at $24 billion over the next 5 years for the world. According to experts, be- night. They were charged a $150 a week States to establish or broaden chil- tween 50 and 100 thousand women are for ‘‘housing’’ and were not paid any dren’s health insurance programs. Uti- trafficked each year into the United salary, only receiving a portion of their lizing these new Federal funds, over States alone. They come from Thai- tips. 10,000 previously uninsured children in land, Russia, the Ukraine and other According to recent reports by the Pennsylvania have been enrolled in countries in Asia and the former Soviet Justice Department, teenage Mexican this program since May of 1998. Union. girls were held in slavery in Florida In conclusion, Mr. President, I be- Upon arrival in countries far from and the Carolinas and forced to submit lieve that it is critical that the 106th their homes, these women are often to prostitution. In addition, Russian Congress not adjourn without enacting stripped of their passports, held and Latvian women were forced to legislation to assist families in their against their will in slave-like condi- work in nightclubs in Chicago. Accord- ability to afford safe, quality child care tions, and sexually abused. Rape, in- ing to charges filed against the traf- for their children, either at home with timidation, and violence are commonly fickers, the traffickers picked the a parent or another arrangement. Our employed by traffickers to control women up upon their arrival at the air- legislation will provide peace of mind their victims and to prevent them from port, seized their documents and return to millions of American families strug- seeking help. Through physical isola- tickets, locked them in hotels and beat March 11, 1999 CONGRESSIONAL RECORD — SENATE S2599 them. The women were told that if President if he finds that provision of (6) The United Nations General Assembly, they refused to dance nude in various such assistance is in the national inter- noting its concern about the increasing num- nightclubs, the Russian mafia would est. ber of women and girls who are being victim- On a national level, it ensures that ized by traffickers, passed a resolution in kill their families. Further, over three 1998 calling upon all governments to crim- years, hundreds of women from the our immigration laws do not encourage inalize trafficking in women and girls in all Czech Republic who answered adver- rapid deportation of trafficked women, its forms and to penalize all those offenders tisements in Czech newspapers for a practice which effectively insulates involved, while ensuring that the victims of modeling were ensnared in an illegal traffickers from ever being prosecuted these practices are not penalized. prostitution ring. for their crimes. Trafficking victims (7) Numerous treaties to which the United Trafficking in women and girls is a are eligible for a nonimmigrant status States is a party address government obliga- human rights problem that requires a valid for three months. If the victim tions to combat trafficking, including such treaties as the 1956 Supplementary Conven- human rights response. Trafficking is pursues criminal or civil actions tion on the Abolition of Slavery, the Slave condemned by human rights treaties as against her trafficker, or if she pursues Trade and Institutions and Practices Similar a violation of basic human rights and a an asylum claim, she is provided with to Slavery, which calls for the complete abo- slavery-like practice. Women who are an extension of time. Further, it pro- lition of debt bondage and servile forms of trafficked are subjected to other vides that trafficked women should not marriage, and the 1957 Abolition of Forced abuses—rape, beatings, physical con- be detained, but instead receive needed Labor Convention, which undertakes to sup- finement—squarely prohibited by services, safe shelter, and the oppor- press and requires signatories not to make use of any forced or compulsory labor. human rights law. The human abuses tunity to seek justice against their SEC. 3. PURPOSES. continue in the workplace, in the forms abusers. Finally, my bill provides much The purposes of this Act are to condemn of physical and sexual abuse, debt needed resources to programs assisting and combat the international crime of traf- bondage and illegal confinement, and trafficking victims here at home and ficking in women and children and to assist all are prohibited. abroad. the victims of this crime by— Fortunately, the global trade in We must commit ourselves to ending (1) setting a standard by which govern- women and children is receiving great- the trafficking of women and girls and ments are evaluated for their response to er attention by governments and NGOs to building a world in which such ex- trafficking and their treatment of victims; following the UN World Conference on (2) authorizing and funding an interagency ploitation is relegated to the dark past. task force to carry out such evaluations and Women in Beijing. The United Nations I urge my colleagues to support the to issue an annual report of its findings to General Assembly has called upon all International Trafficking of Women include the identification of foreign govern- governments to criminalize traffick- and Children Protection Act of 1999. ments that tolerate or participate in traf- ing, to punish its offenders, while not I ask unanimous consent that the ficking and fail to cooperate with inter- penalizing its victims. The President’s text of the bill be printed in the national efforts to prosecute perpetrators; (3) assisting trafficking victims in the Interagency Council on Women is RECORD. working hard to mobilize a response to United States by providing humanitarian as- There being no objection, the bill was sistance and by providing them temporary this problem. Churches, synagogues, ordered to be printed in the RECORD, as nonimmigrant status in the United States; and NGOs, such as Human Rights follows: (4) assisting trafficking victims abroad by Watch and the Global Survival Net- S. 600 providing humanitarian assistance; and work, are fighting this battle daily. Be it enacted by the Senate and House of Rep- (5) denying certain forms of United States But, much, much more must be done. resentatives of the United States of America in foreign assistance to those governments My legislation provides a human Congress assembled, which tolerate or participate in trafficking, abuse victims, and fail to cooperate with rights response to the problem. It has a SECTION 1. SHORT TITLE. comprehensive and integrated ap- international efforts to prosecute perpetra- This Act may be cited as the ‘‘Inter- tors. national Trafficking of Women and Children proach focused on prevention, protec- SEC. 4. DEFINITIONS. Victim Protection Act of 1999’’. tion and assistance for victims, and In this Act: prosecution of traffickers. SEC. 2. FINDINGS. (1) POLICE ASSISTANCE.—The term ‘‘police I will highlight a few of its provisions Congress makes the following findings: assistance’’— now: (1) The worldwide trafficking of persons (A) means— It sets an international standard for has a disproportionate impact on women and (i) assistance of any kind, whether in the governments to meet in their efforts to girls and has been and continues to be con- form of grant, loan, training, or otherwise, demned by the international community as a fight trafficking and assist victims of provided to or for foreign law enforcement violation of fundamental human rights. officials, foreign customs officials, or foreign this human rights abuse. It calls on the (2) The fastest growing international traf- immigration officials; State Department and Justice Depart- ficking business is the trade in women, (ii) government-to-government sales of any ment to investigate and take action whereby women and girls seeking a better item to or for foreign law enforcement offi- against international trafficking. In life, a good marriage, or a lucrative job cials, foreign customs officials, or foreign addition, it creates an Interagency abroad, unexpectedly find themselves in sit- immigration officials; and Task Force to Monitor and Combat uations of forced prostitution, sweatshop (iii) any license for the export of an item Trafficking in the Office of the Sec- labor, exploitative domestic servitude, or sold under contract to or for the officials de- battering and extreme cruelty. retary of State and directs the Sec- scribed in clause (i); and (3) Trafficked women and children, girls (B) does not include assistance furnished retary to submit an annual report to and boys, are often subjected to rape and under section 534 of the Foreign Assistance Congress on international trafficking. other forms of sexual abuse by their traffick- Act of 1961 (22 U.S.C. 2346c; relating to the The annual report would, among ers and often held as virtual prisoners by administration of justice) or any other as- other things, identify states engaged in their exploiters, made to work in slavery- sistance under that Act to promote respect trafficking, the efforts of these states like conditions, in debt bondage without pay for internationally recognized human rights. to combat trafficking, and whether and against their will. (2) TRAFFICKING.—The term ‘‘trafficking’’ their government officials are (4) The President, the First Lady, the Sec- means the use of deception, coercion, debt complicit in the practice. Corrupt gov- retary of State, the President’s Interagency bondage, the threat of force, or the abuse of Council on Women, and the Agency for Inter- authority to recruit, transport within or ernment or law enforcement officials national Development have all identified across borders, purchase, sell, transfer, re- sometimes directly participate and trafficking in women as a significant prob- ceive, or harbor a person for the purpose of benefit in the trade of women and girls. lem. placing or holding such person, whether for And, corruption also prevents prosecu- (5) The Fourth World Conference on pay or not, in involuntary servitude, or slav- tion of traffickers. U.S. police assist- Women (Beijing Conference) called on all ery or slavery-like conditions, or in forced, ance would be barred to countries governments to take measures, including bonded, or coerced labor. found not to have taken effective ac- legislative measures, to provide better pro- (3) VICTIM OF TRAFFICKING.—The term ‘‘vic- tion in ending the participation of tection of the rights of women and girls in tim of trafficking’’ means any person sub- trafficking, to address the root factors that jected to the treatment described in para- their officials in trafficking, and in in- put women and girls at risk to traffickers, graph (2). vestigating and prosecuting meaning- and to take measures to dismantle the na- SEC. 5. INTER-AGENCY TASK FORCE TO MONITOR fully their officials involved in traf- tional, regional, and international networks AND COMBAT TRAFFICKING. ficking. A waiver is provided for the on trafficking. (a) ESTABLISHMENT.— S2600 CONGRESSIONAL RECORD — SENATE March 11, 1999

(1) IN GENERAL.—There is established with- or the nature of their work, or their having (4) by adding at the end the following: in the Department of State in the Office of left the country illegally; and ‘‘(b) In this section, the term ‘involuntary the Secretary of State an Inter-Agency Task (ii) recognizes the rights of victims and en- servitude’ includes trafficking, slavery-like Force to Monitor and Combat Trafficking (in sures their access to justice. practices in which persons are forced into this section referred to as the ‘‘Task (c) REPORTING STANDARDS AND INVESTIGA- labor through non-physical means, such as Force’’). The Task Force shall be co-chaired TIONS.— debt bondage, blackmail, fraud, deceit, isola- by the Assistant Secretary of State for De- (1) RESPONSIBILITY OF THE SECRETARY OF tion, and psychological pressure.’’. mocracy, Human Rights, and Labor Affairs STATE.—The Secretary of State shall ensure (d) TRAFFICKING VICTIM REGULATIONS.—Not and the Senior Coordinator on International that United States missions abroad maintain later than 180 days after the date of enact- Women’s Issues, President’s Interagency a consistent reporting standard and thor- ment of this Act, the Attorney General and Council on Women. oughly investigate reports of trafficking. the Secretary of State shall jointly promul- (2) APPOINTMENT OF MEMBERS.—The mem- (2) CONTACTS WITH NONGOVERNMENTAL OR- gate regulations for law enforcement person- bers of the Task Force shall be appointed by GANIZATIONS.—In compiling data and assess- nel, immigration officials, and Foreign Serv- the Secretary of State. The Task Force shall ing trafficking for the Human Rights Report ice officers requiring that— consist of no more than twelve members. and the Inter-Agency Task Force to Monitor (1) Federal, State and local law enforce- (3) COMPOSITION.—The Task Force shall in- and Combat Trafficking Annual Report, ment, immigration officials, and Foreign clude representatives from the— United States mission personnel shall seek Service officers shall be trained in identify- (A) Violence Against Women Office, Office out and maintain contacts with human ing and responding to trafficking victims; of Justice Programs, Department of Justice; rights and other nongovernmental organiza- (2) trafficking victims shall not be jailed, (B) Office of Women in Development, tions, including receiving reports and up- fined, or otherwise penalized due to having United States Agency for International De- dates from such organizations, and, when ap- been trafficked, or nature of work; velopment; and propriate, investigating such reports. (3) trafficking victims shall have access to (C) Bureau of International Narcotics and SEC. 6. INELIGIBILITY FOR POLICE ASSISTANCE. legal assistance, information about their Law Enforcement Affairs, Department of (a) INELIGIBILITY.—Except as provided in rights, and translation services; State. subsection (b), any foreign government coun- (4) trafficking victims shall be provided protection if, after an assessment of security (4) STAFF.—The Task Force shall be au- try identified in the latest report submitted risk, it is determined the trafficking victim thorized to retain up to five staff members under section 5 as a government that— is susceptible to further victimization; and within the Bureau of Democracy, Human (1) has failed to take effective action to- (5) prosecutors shall take into consider- Rights, and Labor Affairs, and the Presi- wards ending the participation of its officials ation the safety and integrity of trafficked dent’s Interagency Council on Women to pre- in trafficking; and persons in investigating and prosecuting pare the annual report described in sub- (2) has failed to investigate and prosecute traffickers. section (b) and to carry out additional tasks meaningfully those officials found to be in- which the Task Force may require. The Task volved in trafficking, SEC. 8. ASSISTANCE TO TRAFFICKING VICTIMS. (a) IN THE UNITED STATES.—The Secretary Force shall regularly hold meetings on its shall not be eligible for police assistance. of Health and Human Services is authorized activities with nongovernmental organiza- (b) WAIVER OF INELIGIBILITY.—The Presi- to provide, through the Office of Refugee Re- tions. dent may waive the application of subsection settlement, assistance to trafficking victims (b) ANNUAL REPORT TO CONGRESS.—Not (a) to a foreign country if the President de- termines and certifies to Congress that the and their children in the United States, in- later than March 1 of each year, the Sec- cluding mental and physical health services, retary of State, with the assistance of the provision of police assistance to the country is in the national interest of the United and shelter. Task Force, shall submit a report to Con- (b) IN OTHER COUNTRIES.—The President, States. gress describing the status of international acting through the Administrator of the trafficking, including— SEC. 7. PROTECTION OF TRAFFICKING VICTIMS. United States Agency for International De- (1) a list of foreign states where trafficking (a) NONIMMIGRANT CLASSIFICATION FOR velopment, is authorized to provide pro- originates, passes through, or is a destina- TRAFFICKING VICTIMS.—Section 101(a)(15) of grams and activities to assist trafficking tion; and the Immigration and Nationality Act (8 victims and their children abroad, including (2) an assessment of the efforts by the gov- U.S.C. 1101(a)(15)) is amended— provision of mental and physical health serv- ernments described in paragraph (1) to com- (1) by striking ‘‘or’’ at the end of subpara- ices, and shelter. Such assistance should give bat trafficking. Such an assessment shall graph (R); special priority to programs by nongovern- address— (2) by striking the period at the end of sub- mental organizations which provide direct (A) whether any governmental authorities paragraph (S) and inserting ‘‘; or’’; and services and resources for trafficking vic- tolerate or are involved in trafficking activi- (3) by adding at the end the following new tims. ties; subparagraph: SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (B) which governmental authorities are in- ‘‘(T) an alien who the Attorney General (a) AUTHORIZATION OF APPROPRIATIONS FOR volved in anti-trafficking activities; determines— THE INTER-AGENCY TASK FORCE.—To carry (C) what steps the government has taken ‘‘(i) is physically present in the United out the purposes of section 5, there are au- toward ending the participation of its offi- States, and thorized to be appropriated to the Secretary cials in trafficking; ‘‘(ii) is or has been a trafficking victim (as of State $2,000,000 for fiscal year 2000 and (D) what steps the government has taken defined in section 4 of the International $2,000,000 for fiscal year 2001. to prosecute and investigate those officials Trafficking of Women and Children Victim (b) AUTHORIZATION OF APPROPRIATIONS TO found to be involved in trafficking; Protection Act of 1999), THE SECRETARY OF HHS.—To carry out the (E) what steps the government has taken for a stay of not to exceed 3 months in the purposes of section 8(a), there are authorized to prohibit other individuals from partici- United States, except that any such alien to be appropriated to the Secretary of Health pating in trafficking, including the inves- who has filed a petition seeking asylum or and Human Services $20,000,000 for fiscal year tigation, prosecution, and conviction of indi- who is pursuing civil or criminal action 2000 and $20,000,000 for fiscal year 2001. viduals involved in trafficking, the criminal against traffickers shall have the alien’s sta- (c) AUTHORIZATION OF APPROPRIATIONS TO and civil penalties for trafficking, and the ef- tus extended until the petition or litigation THE PRESIDENT.—To carry out the purposes ficacy of those penalties on reducing or end- reaches its conclusion.’’. of section 8(b), there are authorized to be ap- ing trafficking; (b) WAIVER OF GROUNDS FOR INELIGIBILITY propriated to the President $20,000,000 for fis- (F) what steps the government has taken FOR ADMISSION.—Section 212(d) of the Immi- cal year 2000 and $20,000,000 for fiscal year to assist trafficking victims, including ef- gration and Nationality Act (8 U.S.C. 1182(d)) 2001. forts to prevent victims from being further is amended— (d) PROHIBITION.—Funds made available to victimized by police, traffickers, or others, (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and carry out this Act shall not be available for grants of stays of deportation, and provision (2) by adding at the end the following: the procurement of weapons or ammunition. of humanitarian relief, including provision ‘‘(2) The Attorney General shall, in the At- of mental and physical health care and shel- torney General’s discretion, waive the appli- By Mr. COCHRAN: ter; cation of subsection (a) (other than para- S. 601. A bill to improve the foreign (G) whether the government is cooperating graph (3)(E)) in the case of a nonimmigrant language assistance program; to the with governments of other countries to ex- described in section 101(a)(15)(T), if the At- Committee on Health, Education, tradite traffickers when requested; torney General considers it to be in the na- Labor, and Pensions. (H) whether the government is assisting in tional interest to do so.’’. FOREIGN LANGUAGE EDUCATION IMPROVEMENT international investigations of transnational (c) INVOLUNTARY SERVITUDE.—Section 1584 AMENDMENTS OF 1999 trafficking networks; and of title 18, United States Code, is amended— Mr. COCHRAN. Mr. President, today (I) whether the government— (1) inserting ‘‘(a)’’ before ‘‘Whoever’’; (i) refrains from prosecuting trafficking (2) by striking ‘‘or’’ after ‘‘servitude’’; I am introducing a bill to amend the victims or refrains from other discrimina- (3) by inserting ‘‘transfers, receives or har- Foreign Language Assistance Program tory treatment towards trafficking victims bors any person into involuntary servitude, which is administered under the Ele- due to such victims having been trafficked, or’’ after ‘‘servitude,’’; and mentary and Secondary Education Act. March 11, 1999 CONGRESSIONAL RECORD — SENATE S2601 The Foreign Language Education Im- proficiency as the goal of the program. plomacy, defense, and higher edu- provement Amendments of 1999 make Among the most frequently cited prob- cation. changes that encourage and make pos- lems facing foreign language programs The evidence of need is great, and yet sible the teaching of a second language were inadequate funding, inadequate there is a lack of sufficient foreign lan- to students in elementary and second- in-service teacher training, teacher guage training at the K–12 level. We ary schools with limited resources—in shortages and a lack of sequencing have one program in the Elementary particular, those schools heavily im- from elementary to secondary school. and Secondary Education Act aimed at pacted by the unique problems of edu- This survey is a good snapshot of the providing incentives and giving grants cating a high population of disadvan- state of the teaching of foreign lan- to schools for this purpose. It is a pro- taged students. guages K–12 in our country. It can be gram that is currently funded at just $5 My bill also provides schools an in- read as encouraging: that we know we million for a few matching grants in a centive to initiate foreign language should be teaching languages earlier; handful of states. However, the section programs, promotes technology, dis- that more schools are attempting to of this law providing a grant for tance learning, and other innovative teach foreign languages; and that more schools that offer foreign language in- activities in the effective instruction languages are being taught. It also struction programs has never been of a foreign language. clearly shows where we need improve- funded. A frustrating aspect of this Recent research about the human ment: that we need to show accom- good program is that the schools in the brain and language acquisition, which plishment in teaching our students for- most need of the assistance can’t afford we’ve heard a lot about in connection eign languages; that more schools need the ante. My amendments establish a to the teaching of reading and early to have the resources to offer the nec- 50 percent set aside for schools serving childhood development, revealed that essary course work for attaining this the most disadvantaged students, and the ability to learn new languages is skill; and, that foreign languages eliminates the matching share require- highest between birth and age six. should be a priority. ment for those schools. This bill also ‘‘Windows of opportunity’’ is how a The advantages of having foreign lan- increases the annual authorization for February 3, 1997, Time article described guage ability range from greater oppor- the program from $55,000,000 to this neurological function, which effec- tunities for college admission to fulfill- $75,000,000. tively is open and pliable during the ing national security needs. The Na- I hope that we will give greater at- early years of life and closes by the age tional Council for Languages and Inter- tention to this program when we make of ten. national Studies found that the top at- funding decisions, so that schools with- We all know, from personal and other tainable skill cited as a determining out the advantages of plentiful re- practical experience, that of course, factor for likely college admission is sources can provide their students with people learn foreign languages beyond foreign language proficiency. There are a high quality and competitive edu- the age of ten. But, the enlightening also social and cultural tolerance ad- cation. fact of the research is that humans vantages that the National Council for My amendments to the ESEA For- learn languages easier, and best at an Languages and International Studies eign Language Assistance Program will early age. and others cite, which most of us can provide new opportunities and encour- The National School Boards Associa- appreciate. According to a February agement to our school children, teach- tion publication, School Board News, 1998, USA Today survey, top executives ers, and parents, so we can better meet printed an article in July, 1997 that de- of America’s businesses cited a need for our global business challenges and na- scribes early foreign language pro- and lack of foreign language skills tional security needs. grams, and the benefits of learning lan- twice as great as any other skill in de- guages early: mand. By Mr. SHELBY (for himself, Mr. According to the Center for Applied Lin- The National Foreign Language Cen- BOND, Mr. COVERDELL, Mr. guistics (CAL) in Washington, D.C., the early ter published a 1999 report titled, Lan- HAGEL, Mr. KYL, Mr. BURNS, study of a second language offers many bene- guage and National Security for the Mr. GRAMM, Mr. ASHCROFT, Mr. fits for students, including gains in academic 21st Century: The Federal Role in Sup- THOMAS, Mr. ABRAHAM, Mr. achievement, positive attitudes toward di- porting National Language Capacity. GRASSLEY, Mr. HELMS, Mr. versity, increased flexibility in thinking, INHOFE, Mr. SESSIONS, Mr. greater sensitivity to language, and a better This report is very compelling in its re- GRAMS, Mr. COCHRAN, Mr. ear for listening and pronunciation. Foreign view of the need for military and civil- language study also improves children’s un- ian personnel with foreign language ca- HUTCHINSON and Ms. SNOWE): derstanding of their native language, in- pability, and the lack thereof in our S. 602. A bill to amend chapter 8 of crease creativity, helps students get better current and rising workforces. Here are title 5, United States Code, to provide SAT scores, and increase their job opportuni- some quotes from that report: for congressional review of any rule ties. For example, the admission of a DEA offi- promulgated by the Internal Revenue The evidence shows that children cial in September, 1997 that the agency lacks Service that increases Federal Reve- who learn foreign languages score high- sufficient Russian language expertise to nue, and for other purposes; to the er in all academic subjects than those combat organized crime in groups from the Committee on Government Affairs. who speak only English. Most devel- former Soviet Union indicates a shortfall in THE STEALTH TAX PREVENTION ACT oped countries recognize this and, ac- supply of such expertise. Mr. SHELBY. Mr. President, I rise cording to the National Foreign Lan- * * * * * today with my colleague Senator BOND, guage Center, the United States is The Foreign Service reports that only 60% to introduce the Stealth Tax Preven- alone in not teaching foreign languages of its billets requiring language are at tion Act. Among the many powers present filled, with waivers applied to the routinely before the age of twelve. Con- other 35%. given to Congress by the Constitution gress recognized the need for foreign of the United States, the responsibility language study when it passed Goals * * * * * of taxation is perhaps the most impor- Clearly, the academic system falls short in 2000 in 1994, making foreign language producing speakers minimally qualified to tant. The Founding Fathers rationale acquisition an education priority. hold jobs requiring the use of foreign lan- behind bestowing this power to Con- In February of this year, the Center guage, which is why the federal language gress is that because, as elected rep- for Applied Linguistics released the re- programs exist and why the language train- resentative, Congress remains account- sults of a U.S. Department of Edu- ing business in the private sector is so suc- able to the voters when they levy and cation funded survey of foreign lan- cessful. collect taxes. Politicians are rightly guage teaching in preschool through The same report further explains held responsible to the public for pro- 12th grade in the United States. The re- that the language training business is ducing fair and prudent tax legislation. sults show a rising awareness and in- estimated to be $20 billion internation- Three years ago, Mr. President, Con- crease in the teaching of foreign lan- ally. That is money spent by our gov- gress passed the Congressional Review guages, but in the 31 percent of elemen- ernment, our businesses and individ- Act, which provides that when a major tary schools that offer foreign lan- uals to teach adults a skill essential in agency rule takes effect, Congress has guage instruction, only 21 percent have the global relationships of industry, di- 60 days to review it. During this time S2602 CONGRESSIONAL RECORD — SENATE March 11, 1999 period, Congress has the option to pass offered in the 105th Congress and will he or she ‘‘participates in the partner- a disapproval resolution. If no such res- work to enact during the 106th Con- ship’s trade or business for more than olution is passed, the rule then goes gress. Our goal is to ensure that the 500 hours during a taxable year’’ or is into effect. Treasury Department’s Internal Reve- involved in a ‘‘service’’ partnership, As you know, Mr. President, the In- nue Service does not usurp the power such as lawyers, accountants, engi- ternal Revenue Service maintains an to tax—a power solely vested in Con- neers, architects, and health-care pro- enormous amount of power over the gress by the U.S. Constitution. ‘‘The viders. lives and the livelihoods of the Amer- Stealth Tax Prevention Act’’ will en- The IRS alleges that its proposal ican taxpayers through their authority sure that the duly elected representa- merely interprets section 1402(a)(13) of to interpret the Tax Code. The Stealth tives of the people, who are account- the Internal Revenue Code, providing Tax Prevention Act, that Senator BOND able to the electorate for our actions, clarification, when in actuality it is a and I are introducing along with Mr. will have discretion to exercise the tax increase regulatory fiat. Under the COVERDELL, Mr. HAGEL, Mr. KYL, Mr. power to tax. This legislation is in- IRS proposal, disqualification as a lim- BURNS, Mr. GRAMM, Mr. ASHCROFT, Mr. tended to curb the ability of the Treas- ited partner will result in a tax in- THOMAS, Mr. ABRAHAM, Mr. GRASSLEY, ury Department to bypass Congress by crease on income from both capital in- Mr. HELMS, Mr. INHOFE, Mr. SESSIONS, proposing a tax increase without the vestments as well as earnings of the Mr. GRAMS, Mr. COCHRAN, Mr. HUTCH- authorization or consent of Congress. partnership. The effect will be to add INSON, and Ms. SNOWE, will expand the The Stealth Tax Prevention Act the self-employment tax (12.4% for so- definition of a major rule to include, builds on legislation passed unani- cial security and 2.9% for Medicare) to Mr. President, any IRS regulation mously by the Senate in the 104th Con- income from investments as well as which increases Federal revenue. Why? gress. As Chairman of the Committee earnings for limited partners who Because we need to return the author- on Small Business, I authored the under current rules can exclude such ity of taxation to the United States Small Business Regulatory Enforce- income from the self employment tax. Congress. ment Fairness Act—better known as Under the bill introduced today, this For example, if the Office of Manage- the Red Tape Reduction Act—to ensure tax increase on limited partners, if ment and Budget finds that the imple- that small businesses are treated fairly later issued as a final rule, could not go mentation and enforcement of a rule in agency rulemaking and enforcement into effect for at least 60 days following would result in an increase of Federal activities. Subtitle E of the Red Tape its publication in the Federal Register. revenues over current practices or rev- Reduction Act provides that a final This window, which coincides with enues anticipated from the rule on the rule issued by a Federal agency and issuance of a report by the Comptroller date of the enactment of the statute, deemed a ‘‘major rule’’ by the Office of General, would allow Congress the op- the Stealth Tax Prevention Act would Information and Regulatory Affairs of portunity to review the rule and vote allow Congress to review the regula- the Office of Management and Budget on a resolution to disapprove the tax tions and take appropriate measures to cannot go into effect for at least sixty increase before it is applied to a single avoid raising taxes on hard working days. This delay is to provide Congress taxpayer. Americans, in most cases, small busi- with a window during which we can re- The Stealth Tax Prevention Act nesses. view the rule and its impact, allowing strengthens the Red Tape Reduction The discretionary authority of the time for Congress to consider whether Act and the vital procedural safeguards Internal Revenue Service exposes small a resolution of disapproval should be it provides to ensure that small busi- businesses, farmers, and others to the enacted to strike down the regulation. nesses are not burdened unnecessarily sometimes arbitrary actions of bureau- To become effective, the resolution by new Federal regulations. Congress crats, thus creating an uncertain and, must pass both the House and Senate enacted the 1996 provisions to strength- under certain cases, hostile environ- and be signed into law by the President en the effectiveness of the Regulatory ment in which to conduct day-to-day or enacted as the result of a veto over- Flexibility Act, a law which had been activities. Most of these people do not ride. ignored too often by government agen- have lobbyists that work for them Later this month, I will commemo- cies, especially the Internal Revenue other than their elected Representa- rate the third anniversary of the Red Service. Three of the top recommenda- tives. The Stealth Tax Prevention Act Tape Reduction Act’s enactment by tions of the 1995 White House Con- will be particularly helpful in lowering highlighting the progress made to date ference on Small Business sought re- the tax burden on small business which and the obstacles small businesses con- forms to the way government regula- suffers disproportionately, Mr. Presi- tinue to face primarily due to agency tions are developed and enforced, and dent, from IRS regulations. This bur- noncompliance. Because of the IRS’ the Red Tape Reduction Act passed the den discourages the startup of new significant impact on the activities of Senate without a single dissenting vote firms and ultimately the creation of small businesses, the Service’s imple- on its way to being signed into law on new jobs in the economy, which has mentation of the Red Tape Reduction March 29, 1996. Despite the inclusion of really made America great today. Act and the Regulatory Flexibility Act language in the 1996 amendments that Americans are now paying a higher is of utmost importance to the Com- expressly addresses coverage of IRS in- share of their income to the Federal mittee on Small Business. terpretative rules, the IRS continues government than at any time since the The bill Senator SHELBY and I intro- to bypass compliance with the Regu- end of World War II. They, Mr. Presi- duce today amends this law to provide latory Flexibility Act. dent, as you well know, pay State in- that any rule issued by the Treasury As 18 of my Senate colleagues and I come taxes. They pay property taxes. Department’s Internal Revenue Service advised Secretary Rubin in an April 9, On the way to work in the morning that will result in a tax increase—any 1997, letter, the proposed IRS regula- they pay a gasoline tax when they fill increase—will be deemed a major rule tion on limited-partner taxation is pre- up their car, and a sales tax when they by OIRA and, consequently, not go into cisely the type or rule for which a reg- buy a cup of coffee. effect for at least 60 days. This proce- ulatory flexibility analysis should be Allowing bureaucrats to increase dural safeguard will ensure that the done. Although, on its face, the rule- taxes even further, at their own discre- Department of the Treasury and its In- making seeks merely to ‘‘define a lim- tion through interpretation of the Tax ternal Revenue Service cannot make ited partner’’ or to ‘‘eliminate uncer- Code is unconscionable. The Stealth an end-run around Congress, as it at- tainty’’ in determining net earnings Tax Prevention Act will leave tax pol- tempted with the ‘‘stealth tax’’ it pro- from self-employment, the real effect icy where it belongs, to elected Mem- posed on January 13, 1997. of the rule would be to raise taxes by bers of the Congress, not unelected and In that case, the IRS issued a pro- executive fiat and expand substantially unaccountable IRS bureaucrats. posal that is tantamount to a tax in- the spirit and letter of the underlying Mr. BOND. Mr. President, today I crease on businesses structured as lim- statute. The rule also seeks to impose join my distinguished colleague from ited liability companies. The IRS pro- on small businesses a burdensome new Alabama, Senator SHELBY, in reintro- posed to disqualify a taxpayer from recordkeeping and collection of infor- ducing legislation, which we proudly being considered as a limited partner if mation requirement that would affect March 11, 1999 CONGRESSIONAL RECORD — SENATE S2603 millions of limited partners and mem- setting fares. The number of passengers Airlines will be required to notify pas- bers of limited liability companies. The flying domestic routes has more than sengers about flight delays, cancella- IRS proposed this ‘‘stealth’’ tax in- doubled to approximately 600 million tions, or diversions. Air carriers must crease with the knowledge that Con- annually. It is not surprising, then, also disclose if the passenger will be gress declined to adopt a similar tax that air travel is no longer an exclusive traveling on a carrier other than the increase in the Health Security Act privilege of the elite and today is ac- one from whom the consumer pur- proposed in 1994—a provision that the cessible to most Americans. chased the ticket or if the flight will Congressional Joint Committee on While deregulation of the airline in- require the passenger to change planes. Taxation estimated in 1994 would have dustry overall has yielded the benefits At the same time, my bill will ensure resulted in a tax increase of approxi- that free markets promise, there are that air carriers are penalized for can- mately $500 million per year. growing pains. As the number of air celing flights, bumping passengers, and The Stealth Tax Prevention Act passengers increases, so has the num- holding travelers hostage on board an would remove any incentive for the ber of consumer complaints against air aircraft with inpunity. Whenever an Treasury Department to underestimate carriers. Some members of Congress airline passenger is unable to make a the cost imposed by an IRS proposed or have concluded that competition does flight, the passenger will have the op- final rule in an effort to skirt the Ad- not work for commercial aviation. portunity to board a similar flight on a ministration’s regulatory review proc- They have stepped forward with pro- standby basis. Whenever an airline can- ess or its obligations under the Regu- posals to reimpose federal control over cels a flight for their convenience, it latory Flexibility Act. By amending air fares and carrier routes, to offer will have to offer to compensate each the definition of ‘‘major rule’’ under taxpayer subsidies to fledgling air car- passenger. Whenever an airline keeps the Congressional Review Act, which is riers to compete against industry goli- passengers on board an aircraft that Subtitle E of the Red Tape Reduction aths, or to levy a variety of new fines sits on the tarmac for more than two Act, we ensure that an IRS rule that that would add to the Department of hours, it will have to offer to com- imposes a tax increase will be a major Transportation’s duty the role of meter pensate each passenger. rule, whether or not it has an esti- maid. We should be wary of any such The Airline Deregulation Act of 1978 mated annual effect on the economy of effort to reintroduce the heavy hand of started a revolution in the airline in- $100,000,000. Our amendment does not government under the auspices of pro- dustry, a revolution that according to change the trigger for a regulatory tecting airline passengers. a Brookings Institution study has ben- flexibility analysis, which still will be Mr. President, lets not rush to throw efitted consumers by $18.4 billion. That required if a proposed rule would have out the baby with the bath water and revolution is unfinished. I want to take ‘‘a significant economic impact on a undo twenty years of unprecedented the next step and promote new com- substantial number of small entities.’’ growth and consumer savings under de- petition in the passenger aviation mar- We believe the heightened scrutiny of regulation. Now is the time to reinvig- ketplace. My bill does this by taking IRS regulations called for by this legis- orate competition in the air passenger away much of the mystery associated lation will provide an additional incen- market, even if the air carriers do not with flying. tive for the Treasury Department’s In- welcome it. The best way to increase Mr. President, I ask unanimous con- ternal Revenue Service to meet all of competition is to regulate less, not sent that the text of the bill be printed its procedural obligations under the more. Regulations that serve as bar- in the RECORD. Reg Flex Act and the Red Tape Reduc- riers to the commercial aviation mar- There being no objection, the bill was tion Act. ket should be removed. Regulations ordered to be printed in the RECORD, as I urge my colleagues to join us in that promote the division of the mar- follows: supporting this important legislation ketplace into regional cartels should Be it enacted by the Senate and House of to ensure that the IRS neither usurps be abandoned. Regulations and FAA Representatives of the United States of America in Congress assembled, the proper role of Congress—nor skirts management practices that delay the SECTION 1. SHORT TITLE. its obligations to identify the impact installation of new technology that fa- This Act may be cited as the ‘‘Airline De- of its proposed and final rules. When cilitates competition should be stream- regulation and Disclosure Act of 1999’’. the Department of the Treasury issues lined. SEC. 2. AIRLINE PASSENGER PROTECTION. a final IRS rule that increases taxes, I believe that we can also increase (a) IN GENERAL.—Subchapter I of chapter Congress should have the ability to ex- competition in the airline industry by 417 of title 49, United States Code, is amend- ercise its discretion to enact a resolu- providing the traveling public with ed by adding at the end the following: tion of disapproval before the rule is more useful information and by giving ‘‘§ 41716. Air carrier passenger protection applicable to a single taxpayer. The consumers ownership of the commodity ‘‘(a) DELAY, CANCELLATION, OR DIVERSION.— Stealth Tax Prevention Act Senator they have purchased—their seat on an ‘‘(1) EXPLANATION OF DELAY, CANCELLATION, SHELBY and I introduce today provides airplane. Today, I am introducing leg- OR DIVERSION REQUIRED.—An announcement that opportunity. islation that will provide passengers by an air carrier of a delay or cancellation of with greater information about their a flight, or a diversion of a flight to an air- port other than the airport at which the By Mr. SHELBY: air fare and flight and with greater S. 603. A bill to promote competition flight is scheduled to land, shall include an flexibility over unused or partially explanation of each reason for the delay, and greater efficiency of airlines to en- used fares. cancellation, or diversion. sure the rights of airline passengers, to The price of an airline ticket is as ‘‘(2) PROHIBITION ON FALSE OR MISLEADING provide for full disclosure to those pas- much a mystery as the Pyramids or EXPLANATIONS.—No air carrier shall provide sengers, and for other purposes; to the the Hanging Gardens. In fact, The New an explanation under paragraph (1) that the Committee on Commerce, Science, and York Times reported that on a single air carrier knows or has reason to know is Transportation. flight, passengers paid 27 different false or misleading. ‘‘(3) DELAYS AFTER ENPLANING OR BEFORE AIRLINE DEREGULATION AND DISCLOSURE ACT fares, ranging from $87 to $728. We DEPLANING.— OF 1999 should not adopt any measure that dis- ‘‘(A) IN GENERAL.—Except as provided in Mr. SHELBY. Mr. President, the leg- courage air carriers from discounting subparagraph (B), no air carrier may require islation that abolished the Civil Aero- fares or that chill the benefits airline a passenger on a flight of that air carrier to nautics Board in 1978 and deregulated consumers are now receiving. Air car- remain onboard an aircraft for a period the airline industry has been a huge riers, however, should not be allowed longer than 2 hours after— success. Americans are flying more, to continue bait-and-switch advertis- ‘‘(i) the passenger enplaned, in any case in and more Americans are flying; at the ing. If an air carrier offers a discounted which the aircraft has not taken flight from same time, air fares have dropped and fare, my bill permits all passengers to the airport during that period; or air travel has become safer. The aver- ‘‘(ii) the aircraft has landed at an airport, make a confirmed reservation at that if the aircraft remains in that airport with- age price of an airline ticket has de- same price for a twenty-four hour pe- out taking flight. creased approximately 33 percent in riod. ‘‘(B) ELECTION.—A passenger described in real terms since market forces replaced Under my bill, consumers will get subparagraph (A) may remain onboard an the whims of federal bureaucrats in more ticket and flight information. aircraft described in clause (i) or (ii) of that S2604 CONGRESSIONAL RECORD — SENATE March 11, 1999 subparagraph for a period longer than the reduced fare per day by an air carrier for authorize appropriations for the Sur- applicable period described in that subpara- flights scheduled on that route during the 24- face Transportation Board for fiscal graph, if, not later than the end of that 2- month period preceding the 24-hour period years 1999, 2000, 2001, and 2002, and for hour period— specified in paragraph (1). other purposes. ‘‘(i) the air carrier offers the passenger an ‘‘(3) STANDBY USE OF TICKETS.—An air car- opportunity to deplane with a full refund of rier shall permit an individual to use a tick- S. 172 air fare; and et (or equivalent electronic record) issued by At the request of Mr. MOYNIHAN, the ‘‘(ii) the passenger declines that offer.’’. that air carrier on a standby basis for any name of the Senator from Rhode Island ‘‘(b) ECONOMIC CANCELLATIONS.— flight that has the same origin and destina- (Mr. REED) was added as a cosponsor of ‘‘(1) NONSAFETY CANCELLATIONS.—If, on the tion as are indicated on that ticket (or S. 172, a bill to reduce acid deposition date a flight of an air carrier is scheduled, equivalent electronic record). under the Clean Air Act, and for other the carrier cancels the flight for any reason ‘‘(4) FREQUENT FLYER PROGRAM AWARDS.— purposes. other than safety, the carrier shall provide ‘‘(A) IN GENERAL.—Subject to subparagraph to each passenger that purchased air trans- (C), in a manner consistent with applicable S. 249 portation on the flight a refund of the requirements of a frequent flyer program, if At the request of Mr. HATCH, the amount paid for the air transportation. an air carrier makes any seat available on a name of the Senator from Missouri ‘‘(2) CANCELLATIONS FOR SAFETY.—A can- specific date for use by a person redeeming (Mr. ASHCROFT) was added as a cospon- cellation for safety is a cancellation made by an award under that frequent flyer program sor of S. 249, a bill to provide funding reason of— on any route in air transportation provided for the National Center for Missing and ‘‘(A) an insufficient number of crew mem- by the air carrier, that air carrier shall, to bers; the extent practicable during the 24-hour pe- Exploited Children, to reauthorize the ‘‘(B) weather; riod beginning with the redemption of that Runaway and Homeless Youth Act, and ‘‘(C) a mechanical problem; or award— for other purposes. ‘‘(D) any other matter that prevents— ‘‘(i) redeem any other award under that S. 261 ‘‘(i) the safe operation of the flight; or frequent flyer program for air transportation At the request of Mr. SPECTER, the ‘‘(ii) the flight from operating in accord- on that route; and names of the Senator from Utah (Mr. ance with applicable regulations of the Fed- ‘‘(ii) make a seat available for the person eral Aviation Administration. who redeems that other award on a flight on HATCH) and the Senator from Min- ‘‘(c) CODE SHARING.—An air carrier, foreign that route. nesota (Mr. WELLSTONE) were added as air carrier, or ticket agent may sell air ‘‘(B) STANDBY USE OF FREQUENT FLYER PRO- cosponsors of S. 261, a bill to amend the transportation in the United States for a GRAM AWARDS.—An air carrier shall permit Trade Act of 1974, and for other pur- flight that bears a designator code of a car- an individual to redeem a ticket (or equiva- poses. rier other than the carrier that will provide lent electronic record) acquired through a S. 306 the air transportation, only if the carrier or frequent flyer award on a standby basis for At the request of Mr. FRIST, the ticket agent selling the air transportation any flight that has the same origin and des- first informs the person purchasing the air tination as are indicated on that ticket (or names of the Senator from Tennessee transportation that the carrier providing the equivalent electronic record). (Mr. THOMPSON) and the Senator from air transportation will be a carrier other ‘‘(C) LIMITATION.— North Carolina (Mr. EDWARDS) were than the carrier whose designator code is ‘‘(i) IN GENERAL.—An air carrier shall not added as cosponsors of S. 306, a bill to used to identify the flight. be required under subparagraph (A) to make regulate commercial air tours overfly- ULTIPLE FLIGHTS.—An air carrier, ‘‘(d) M a seat available for a route for use by a per- foreign air carrier, or ticket agent that sells ing the Great Smokey Mountains Na- son redeeming a frequent flyer award, if pro- air transportation in the United States that tional Park, and for other purposes. viding that seat to that person would result requires taking flights on more than 1 air- in the air carrier being unable to provide, for S. 336 craft shall be required to provide notifica- the 24-hour period specified in that para- At the request of Mr. LEVIN, the tion on a ticket, receipt, or itinerary pro- graph, the applicable historic average num- name of the Senator from Connecticut vided to the purchaser of that air transpor- ber of seats offered at an unreduced fare for tation that the passenger shall be required (Mr. LIEBERMAN) was added as a co- the route, as determined under clause (ii). to change aircraft. sponsor of S. 336, a bill to curb decep- ISTORIC AVERAGE ‘‘(e) AIR CARRIER PRICING POLICIES.—An air ‘‘(ii) H .—With respect to a tive and misleading games of chance carrier may not— route, the historic average number of seats mailings, to provide Federal agencies offered at an unreduced fare for the route is ‘‘(1) prohibit a person (including a govern- with additional investigative tools to mental entity) that purchases air transpor- the average number of seats offered at an un- reduced fare per day by an air carrier for police such mailings, to establish addi- tation from only using a portion of the air tional penalties for such mailings, and transportation purchased (including using flights scheduled on that route during the 24- the air transportation purchased only for 1- month period preceding the 24-hour period for other purposes. way travel instead of round-trip travel); or specified in subparagraph (A). S. 346 ‘‘(2) assess an additional fee or charge for ‘‘(g) ACCESS TO ALL FARES.—Each air car- At the request of Mr. HUTCHINSON, using only a portion of that purchased air rier operating in the United States shall the name of the Senator from New transportation to be paid by— make information concerning all fares for air transportation charged by that air car- Mexico (Mr. DOMENICI) was added as a ‘‘(A) that person; or cosponsor of S. 346, a bill to amend ‘‘(B) any ticket agent that sold the air rier available to the public, through— transportation to that person. ‘‘(1) computer-based technology; and title XIX of the Social Security Act to ‘‘(f) EQUITABLE FARES; FREQUENT FLYER ‘‘(2) means other than computer-based prohibit the recoupment of funds re- PROGRAM AWARDS.— technology.’’. covered by States from one or more to- ‘‘(1) REDUCED FARES.—Subject to paragraph (b) PENALTIES.—Section 46301(a)(1)(A) of bacco manufacturers. title 49, United States Code, is amended by (2), if an air carrier makes seats available on S. 499 a specific date at a reduced fare, that air car- striking ‘‘or 41715 of this title’’ and inserting At the request of Mr. FRIST, the rier shall be required to make available air ‘‘, 41715, or 41716 of this title’’. transportation at that reduced fare for any (c) CONFORMING AMENDMENT.—The table of name of the Senator from Mississippi passenger that requests a seat at that re- sections for chapter 417 of title 49, United (Mr. COCHRAN) was added as a cospon- duced fare during a 24-hour period beginning States Code, is amended by inserting after sor of S. 499, a bill to establish a con- with the initial offering of that reduced fare. the item relating to section 41715 the follow- gressional commemorative medal for ‘‘(2) LIMITATION.— ing: organ donors and their families. ‘‘(A) IN GENERAL.—An air carrier shall not ‘‘41716. Air carrier passenger protection.’’. S. 537 be required under paragraph (1) to make a seat available for a route at a reduced fare, f At the request of Mr. LUGAR, the name of the Senator from Mississippi if providing that seat at that fare would re- ADDITIONAL COSPONSORS sult in the air carrier being unable to pro- (Mr. COCHRAN) was added as a cospon- vide, for the 24-hour period specified in that S. 98 sor of S. 537, a bill to amend the Inter- paragraph, the applicable historic average At the request of Mr. MCCAIN, the nal Revenue Code of 1986 to adjust the number of seats offered at an unreduced fare names of the Senator from Kentucky exemption amounts used to calculate for the route, as determined under subpara- (Mr. MCCONNELL), the Senator from the individual alternative minimum graph (B). SHCROFT tax for inflation since 1993. ‘‘(B) HISTORIC AVERAGE.—With respect to a Missouri (Mr. A ), the Senator route, the historic average number of seats from Colorado (Mr. ALLARD), and the S. 542 offered at an unreduced fare for the route is Senator from Florida (Mr. MACK) were At the request of Mr. ABRAHAM, the the average number of seats offered at an un- added as cosponsors of S. 98 a bill to name of the Senator from Missouri March 11, 1999 CONGRESSIONAL RECORD — SENATE S2605

(Mr. ASHCROFT) was added as a cospon- SENATE RESOLUTION 60 vision by the United States of defense arti- sor of S. 542, a bill to amend the Inter- At the request of Mr. MACK, the name cles and defense services legitimately needed nal Revenue Code of 1986 to expand the of the Senator from North Carolina for Taiwan’s self-defense; Whereas it is the current executive branch deduction for computer donations to (Mr. HELMS) was added as a cosponsor policy to bar most high-level dialog regard- schools and allow a tax credit for do- of Senate Resolution 60, a resolution ing regional stability with senior military nated computers. recognizing the plight of the Tibetan officials on Taiwan; S. 575 people on the fortieth anniversary of Whereas the Taiwan Relations Act sets At the request of Mr. CLELAND, the Tibet’s attempt to restore its independ- forth the policy to promote extensive com- name of the Senator from Hawaii (Mr. ence and calling for serious negotia- mercial relations between the people of the AKAKA) was added as a cosponsor of S. tions between China and the Dalai United States and the people on Taiwan, and 575, a bill to redesignate the National Lama to achieve a peaceful solution to that policy is advanced by membership in the World Trade Organization; School Lunch Act as the ‘‘Richard B. the situation in Tibet. Whereas the human rights provisions in Russell National School Lunch Act’’. f the Taiwan Relations Act helped stimulate SENATE CONCURRENT RESOLUTION 5 the democratization of Taiwan; SENATE CONCURRENT RESOLU- At the request of Mr. BROWNBACK, the Whereas Taiwan today is a full-fledged, TION 17—CONCERNING THE 20TH names of the Senator from New York multiparty democracy that fully respects ANNIVERSARY OF THE TAIWAN human rights and civil liberties and, as such, (Mr. MOYNIHAN) and the Senator from RELATIONS ACT serves as a successful model of democratic Virginia (Mr. ROBB) were added as co- reform for the People’s Republic of China; sponsors of Senate Concurrent Resolu- Mr. MURKOWSKI (for himself, Mr. Whereas it is the policy of the United tion 5, a concurrent resolution express- TORRICELLI, Mr. LOTT, Mr. HELMS, Mr. States to promote extensive cultural rela- ing congressional opposition to the THOMAS, Mr. BURNS, Mr. KYL, and Mr. tions between the United States and Taiwan, unilateral declaration of a Palestinian ROCKEFELLER) submitted the following ties that should be further encouraged and state and urging the President to as- concurrent resolution; which was re- expanded; sert clearly United States opposition ferred to the Committeeon Foreign Re- Whereas any attempt to determine Tai- to such a unilateral declaration of lations: wan’s future by other than peaceful means, including boycotts or embargoes, would be statehood. S. CON. RES. 17 considered as a threat to the peace and secu- SENATE RESOLUTION 19 Whereas April 10, 1999, will mark the 20th rity of the Western Pacific and of grave con- At the request of Mr. SPECTER, the anniversary of the enactment of the Taiwan cern to the United States; names of the Senator from Mississippi Relations Act, codifying in public law the Whereas the Taiwan Relations Act estab- (Mr. COCHRAN) and the Senator from basis for continued commercial, cultural, lished the American Institute in Taiwan to North Dakota (Mr. DORGAN) were added and other relations between the United carry out the programs, transactions, and as cosponsors of Senate Resolution 19, States and democratic Taiwan; other relations of the United States with re- Whereas the Taiwan Relations Act was ad- spect to Taiwan; and a resolution to express the sense of the vanced by Congress and supported by the ex- Whereas the American Institute in Taiwan Senate that the Federal investment in ecutive branch as a critical tool to preserve has played a successful role in sustaining biomedical research should be in- and promote extensive, close, and friendly and enhancing United States relations with creased by $2,000,000,000 in fiscal year commercial, cultural, and other relations be- Taiwan: Now, therefore, be it 2000. tween the United States and the Republic of Resolved by the Senate (the House of Rep- SENATE RESOLUTION 47 China on Taiwan; resentatives concurring), That it is the sense of the Congress that— At the request of Mr. MURKOWSKI, the Whereas the Taiwan Relations Act has (1) the United States should reaffirm its names of the Senator from North Caro- been instrumental in maintaining peace, se- curity, and stability in the Taiwan Strait commitment to the Taiwan Relations Act lina (Mr. EDWARDS), the Senator from since its enactment in 1979; and the specific guarantees of provision of Pennsylvania (Mr. SPECTER), the Sen- Whereas, when the Taiwan Relations Act legitimate defense articles to Taiwan con- ator from New Mexico (Mr. BINGAMAN), was enacted, it reaffirmed that the United tained therein; the Senator from Missouri (Mr. BOND), States decision to establish diplomatic rela- (2) the Congress has grave concerns over the Senator from California (Mrs. tions with the People’s Republic of China is China’s growing arsenal of nuclear and con- BOXER), the Senator from Louisiana based upon the expectation that the future ventionally armed ballistic missiles, the (Mr. BREAUX), the Senator from Ken- of Taiwan will be determined by peaceful movement of those missiles into a closer ge- ographic proximity to Taiwan, and the effect tucky (Mr. BUNNING), the Senator from means; Whereas officials of the People’s Republic that the buildup may have on stability in Colorado (Mr. CAMPBELL), the Senator of China refuse to renounce the use of force the Taiwan Strait; from Maine (Ms. COLLINS), the Senator against democratic Taiwan; (3) the President should direct all appro- from Idaho (Mr. CRAIG), the Senator Whereas the defense modernization and priate officials to raise with officials from from Tennessee (Mr. FRIST), the Sen- weapons procurement efforts by the People’s the People’s Republic of China the grave con- ator from Washington (Mr. GORTON), Republic of China, as documented in the Feb- cern of the United States over China’s grow- the Senator from Florida (Mr. ruary 1, 1999, report by the Secretary of De- ing arsenal of nuclear and conventionally GRAHAM), the Senator from Texas (Mr. fense on ‘‘The Security Situation in the Tai- armed ballistic missiles, the movement of GRAMM), the Senator from Nebraska wan Strait’’, could threaten cross-strait and those missiles into a closer geographic prox- East Asian stability and United States inter- imity to Taiwan, and the effect that the (Mr. HAGEL), the Senator from Iowa ests in the East Asia region; buildup may have on stability in the Taiwan (Mr. HARKIN), the Senator from South Whereas the Taiwan Relations Act pro- Strait; Carolina (Mr. HOLLINGS), the Senator vides explicit guarantees that the United (4) the President should seek from the from Arkansas (Mr. HUTCHINSON), the States will make available defense articles leaders of the People’s Republic of China a Senator from Vermont (Mr. JEFFORDS), and defense services in such quantities as public renunciation of any use of force, or the Senator from Indiana (Mr. LUGAR), may be necessary for Taiwan to maintain a threat to use force, against democratic Tai- the Senator from Kentucky (Mr. sufficient self-defense capability; wan; MCCONNELL), the Senator from Okla- Whereas the Taiwan Relations Act requires (5) the President should provide annually a homa (Mr. NICKLES), the Senator from timely reviews by United States military au- report detailing the military balance on both thorities of Taiwan’s defense needs in con- sides of the Taiwan Strait, including the im- Kansas (Mr. ROBERTS), the Senator nection with recommendations to the Presi- pact of procurement and modernization pro- from West Virginia (Mr. ROCKEFELLER), dent and Congress; grams underway; the Senator from New York (Mr. SCHU- Whereas Congress and the President are (6) the Secretary of Defense should inform MER), the Senator from Alabama (Mr. committed by section 3(b) of the Taiwan Re- the appropriate committees of Congress SHELBY), the Senator from Wyoming lations Act (22 U.S.C. 3302(b)) to determine when officials from Taiwan seek to purchase (Mr. THOMAS), the Senator from Vir- the nature and quantity of what Taiwan’s le- defense articles for self-defense; ginia (Mr. WARNER), and the Senator gitimate needs are for its self-defense; (7) the United States Government should from Minnesota (Mr. WELLSTONE) were Whereas the Republic of China on Taiwan encourage a high-level dialog with officials added as cosponsors of Senate Resolu- routinely makes informal requests to United of Taiwan and of other United States allies States Government officials, which are dis- in East Asia, including Japan and South tion 47, a resolution designating the couraged or declined informally by United Korea, on the best means to ensure stability, week of March 21 through March 27, States Government personnel; peace, and freedom of the seas in East Asia; 1999, as ‘‘National Inhalants and Poi- Whereas it is the policy of the United (8) it should be United States policy, in sons Awareness Week.’’ States to reject any attempt to curb the pro- conformity with the spirit of section 4(d) of S2606 CONGRESSIONAL RECORD — SENATE March 11, 1999 the Taiwan Relations Act (22 U.S.C. 3303(d)), ess for evaluating Taiwan’s legitimate COMMITTEE ON ENERGY AND NATURAL to publicly support Taiwan’s admission to defense needs, the lack of high-level di- RESOURCES the World Trade Organization forthwith, on alog between senior military officials Mr. GORTON. Mr. President, I ask its own merits as well as to encourage others on Taiwan and American defense offi- unanimous consent that the Commit- to adopt similar policies, without making tee on Energy and Natural Resources such admission conditional on the previous cials regarding regional stability. The or simultaneous admission of the People’s resolution also expresses Congress’s be granted permission to meet during Republic of China to the World Trade Orga- grave concern over the possible threat the session of the Senate on Thursday, nization. to security in the Taiwan Strait from March 11, for purposes of conducting a Mr. MURKOWSKI. Mr. President. China’s defense modernization and pro- full committee hearing which is sched- April 10, 1999 will mark the twentieth curement as documented in the Feb- uled to begin at 2 p.m. The purpose of anniversary of the signing of the Tai- ruary 1, 1999, report to Congress by the this oversight hearing is to consider wan Relations Act (‘‘TRA’’). Today, I Secretary of Defense on ‘‘The Security the President’s proposed budget for am submitting a concurrent resolution Situation in the Taiwan Strait’’. FY2000 for the U.S. Forest Service. commemorating this important piece Mr. president. This resolution calls The PRESIDING OFFICER. Without of legislation and the commitments for the Congress to reaffirm our com- objection, it is so ordered. that the United States made to the mitment to the TRA and to the specific COMMITTEE ON ENVIRONMENT AND PUBLIC people of Taiwan. The resolution is co- guarantees to provide legitimate de- WORKS Mr. GORTON. Mr. President, I ask sponsored by Senator LOTT, the major- fense articles to Taiwan. The Resolu- unanimous consent that the full Com- ity leader, Senator HELMS, the chair- tion also expresses our grave concern man of the Senate Foreign Relations over the threat to Taiwan from China’s mittee on Environment and Public Works be granted permission to con- Committee, Senator THOMAS, the growing arsenal of nuclear and conven- chairman of the East Asia Subcommit- tionally armed ballistic missiles, the duct a hearing Thursday, March 11, 9:30 tee of the Senate Foreign Relations movement to those missiles into a a.m., Hearing Room (SD–406), on S. 507, the Water Resources Development Act Committee, Senator TORRICELLI, also closer geographic proximity to Taiwan, on the Senate Foreign Relations Com- and the effect that the buildup may of 1999. The PRESIDING OFFICER. Without mittee, Senator ROCKEFELLER, Senator have on stability in the Taiwan Strait. objection, it is so ordered. BURNS, and Senator KYL. A similar res- The resolution also encourages a olution is being introduced today in high-level dialog with officials of Tai- COMMITTEE ON FINANCE the House of Representatives by Rep- wan and our other East Asia allies con- Mr. GORTON. Mr. President, the Fi- nance Committee requests unanimous resentative DANA ROHRABACHER. cerning the best means to ensure peace Mr. President. I was not here when and stability in East Asia. consent to conduct a hearing on Thurs- Congress passed the TRA in 1979, but I To provide the Congress with timely day, March 11, 1999 beginning at 10 a.m. have great respect for the wisdom that information to evaluate Taiwan’s self- in room 215 Dirksen. those who proceeded me played in pass- defense needs, this resolution asks the The PRESIDING OFFICER. Without ing this enduring piece of legislation. President to provide an annual report objection, it is so ordered. As former Senator Dole said in com- detailing the military balance on both COMMITTEE ON FOREIGN RELATIONS menting on the changes the Congress sides of the Taiwan Strait. Mr. GORTON. Mr. President, I ask made to the legislation proposed by the Finally, this resolution notes that it unanimous consent that the Commit- Carter Administration: should be United States policy to pub- tee on Foreign Relations be authorized [The changes in the bill] ‘‘were meant only licly support Taiwan’s admission to the to meet during the session of the Sen- to recognize the simple reality of U.S. con- World Trade Organization on its own ate on Thursday, March 11, 1999 at 10 cerns in the Asia-Pacific region and our de- merits as well as to encourage other a.m. to hold a hearing. sire for peace for an old and faithful ally.’’— countries to adopt similar policies, The PRESIDING OFFICER. Without March 7, 1979. without making such admission condi- objection, it is so ordered. In talking to colleagues and former tional on the previous or simultaneous COMMITTEE ON HEALTH, EDUCATION, LABOR, Administration officials who were here admission of the People’s Republic of AND PENSIONS for the creation of the TRA, you get China to the World Trade Organization. Mr. GORTON. Mr. President, I ask the sense that no one expected Taiwan Mr. President. I hope that the full unanimous consent that the Commit- to be around for very long. But Taiwan Senate will have the opportunity to tee on Health, Education, Labor, and not only survived, she thrived. Taiwan vote on this resolution in the near fu- Pensions be authorized to meet for a turned into one of the Asian Tigers, ture. hearing on ‘‘Key Patients’ Protections: and has managed to weather the Asian Lessons from the Field’’ during the ses- f flu. She is a full-fledged multi-party sion of the Senate on Thursday, March democracy that respects human rights AUTHORITY FOR COMMITTEES TO 11, 1999 at 10 a.m. and civil liberties. She serves as a MEET The PRESIDING OFFICER. Without model of successful democratic reform. objection, it is so ordered. COMMITTEE ON ARMED SERVICES The positive changes in Taiwan are a SPECIAL COMMITTEE ON YEAR 2000 TECHNOLOGY tribute to the spirit and perseverance Mr. GORTON. Mr. President, I ask PROBLEM of her people, who have achieved an al- unanimous consent that the Commit- Mr. GORTON. Mr. President, I ask most impossible dream in the view of tee on Armed Services Subcommittee unanimous consent that the Special many. The United States cannot take on Emerging Threats and Capabilities Committee on the Year 2000 Tech- credit for Taiwan’s achievements, but be authorized to meet at 3 p.m. on nology Problem be permitted to meet we can be proud of East Asia. So I Thursday, March 11, 1999, in open ses- on Thursday, March 11, 1999 at 9:30 a.m. think it is appropriate that we take up sion, to receive testimony on Depart- for the purpose of conducting a hear- this resolution that commemorates the ment of Defense policies and programs ing. anniversary of this piece of legislation. to combat terrorism. The PRESIDING OFFICER. Without Mr. President. The resolution praises The PRESIDING OFFICER. Without objection, it is so ordered. the TRA for contributing to peace, se- objection, it is so ordered. SUBCOMMITTEE ON ADMINISTRATIVE curity and stability in the Taiwan COMMITTEE ON COMMERCE, SCIENCE, AND OVERSIGHTS AND THE COURTS Strait. The resolution also praises the TRANSPORTATION Mr. GORTON. Mr. President, I ask growth of democracy, human rights Mr. GORTON. Mr. President, I ask unanimous consent that the Senate Ju- and civil liberties on Taiwan. And the unanimous consent that the Commit- diciary Committee’s Subcommittee on resolution notes the successful role tee on Commerce, Science, and Trans- Administrative Oversight and the that the American Institute in Taiwan portation be allowed to meet on Thurs- Courts, together with the House Judi- has played in sustaining and enhancing day, March 11, 1999 at 9:30 a.m. on S. ciary Committee’s Subcommittee on our relations with Taiwan. 383—Airline Passenger Fairness Act. Commercial and Administrative Law, The resolution does express concern The PRESIDING OFFICER. Without be authorized to meet during the ses- about several issues including the proc- objection, it is so ordered. sion of the Senate on Thursday, March March 11, 1999 CONGRESSIONAL RECORD — SENATE S2607 11, 1999 at 2 p.m. to hold a hearing in toration of independence, the people our nation’s leading child literacy ad- room 2141 of the Rayburn House Office and government of Lithuania faced a vocates, who died last month, trag- Building, on ‘‘Bankruptcy Reform.’’ bloody assault by foreign troops intent ically, at the all-too-young age of 40. I The PRESIDING OFFICER. Without on overthrowing their democratic in- ask my colleagues to join me in send- objection, it is so ordered. stitutions. Lithuanians withstood this ing condolences to the Condon family. STRATEGIC SUBCOMMITTEE assault, maintaining their independ- Robert Condon was a successful busi- Mr. GORTON. Mr. President, I ask ence and their democracy. Their suc- nessman, but his true passion was read- unanimous consent that the Strategic cessful use of non-violent resistance to ing. Throughout the 1980s, he took time Subcommittee of the Committee on an oppressive regime is an inspiration from his career and family to read to Armed Services be authorized to meet to all. children at local homeless shelters. He on Thursday, March 11, 1999 at 10 a.m. On September 17, 1991, Lithuania be- understood, far before many Americans in open session, to receive testimony came a member of the United Nations did, that reading aloud to children is on ballistic missile defense programs and is a signatory to a number of its one of the most effective ways to teach literacy and improve young people’s and management, in review of the de- organizations and other international lives. fense authorization request for fiscal agreements. It also is a member of the Organization for Security and Coopera- In 1991, Robert Condon quit his regu- year 2000 and the future years defense lar job in order to work full time pro- program. tion in Europe, the North Atlantic Co- operation Council and the Council of moting youth literacy. He founded the The PRESIDING OFFICER. Without non-profit organization ‘‘Rolling Read- objection, it is so ordered. Europe. Lithuania is an associate member of the European Union, has ap- ers USA,’’ where he and a small cadre SUBCOMMITTEE ON PERSONNEL plied for NATO membership and is cur- of volunteers read to children in public Mr. GORTON. Mr. President, I ask rently negotiating for membership in housing developments, homeless shel- unanimous consent that the Sub- the WTO, OECD and other Western or- ters, and schools in the San Diego area. committee on Personnel of the Com- ganizations. Robert Condon’s passion was con- mittee on Armed Services be author- The United States established diplo- tagious and Rolling Readers grew expo- ized to meet on Thursday, March 11, matic relations with Lithuania on July nentially. Today, it has 40,000 volun- 1999, at 2 p.m. in open session, to re- 28, 1992. But our nation never really teers reading to children in 24 states. ceive testimony on the defense health broke with the government and people Rolling Readers has won acclaim from program in review of the defense au- of Lithuania. The U.S. never recog- national organizations, including the thorization request for fiscal year 2000 nized the forcible incorporation of International Reading Association and Reading Is Fundamental. and the future years defense program. Lithuania into the U.S.S.R., and views In his short life, Robert Condon The PRESIDING OFFICER. Without the present Government of Lithuania touched the lives of hundreds of thou- objection, it is so ordered. as a legal continuation of the inter-war f sands of children. In his memory, Roll- republic. Indeed, for over fifty years ing Readers USA is sponsoring March ADDITIONAL STATEMENTS the United States maintained a bipar- 27 as a national read-in day, when tens tisan consensus that our nation would of thousands of volunteers will spend refuse to recognize the forcible incor- part of their day reading to children, RESTORATION OF LITHUANIA’S poration of Lithuania into the former keeping Robert Condon’s ideals moving INDEPENDENCE Soviet Union. forward. Our relations with Lithuania are Mr. President, I encourage all Ameri- ∑ Mr. ABRAHAM. Mr. President, I rise strong, friendly and mutually bene- to mark the ninth anniversary of the cans to participate in Rolling Readers ficial. Lithuania has enjoyed Most-Fa- USA’s national read-in day and to be- restoration of Lithuania’s independ- vored-Nation (MFN) treatment with ence. I also rise to pay tribute to the come involved throughout the year to the U.S. since December, 1991. Through promote youth literacy. Volunteering Lithuanian people for their persever- 1996, the U.S. has committed over $100 ance and sacrifice, which enabled them our time and energy makes a difference million to Lithuania’s economic and and is a fitting way to pay tribute to to achieve the freedom they now enjoy. political transformation and to address this remarkable Californian. On March 11, 1990, the newly elected ∑ humanitarian needs. In 1994, the U.S. f Lithuanian Parliament, fulfilling its and Lithuania signed an agreement of electoral mandate from the people of bilateral trade and intellectual prop- REMARKS BY BETH MACY HONOR- Lithuania, declared the restoration of erty protection, and in 1997 a bilateral ING SENATOR CLAIBORNE PELL Lithuania’s independence and the es- investment treaty. ∑ Mr. JEFFORDS. Mr. President, I sub- tablishment of a democratic state. This In 1998 the U.S. and Lithuania signed mit for the RECORD the following re- marked a great moment for Lithuania The Baltic Charter Partnership. That marks made by Ms. Beth Macy at an and for lovers of freedom around the charter recalls the history of American event honoring Senator Claiborne Pell, globe. relations with the area and underscores hosted by the National Association of The people of Lithuania endured a 51- our ‘‘real, profound, and enduring’’ in- Independent Colleges and Universities year foreign occupation. Resulting terest in the security and independence (NAICU). Ms. Macy, a former Pell from the infamous Hitler-Stalin Pact of the three Baltic states. As the Char- Grant recipient, spoke eloquently of 1939, this Soviet occupation brought ter also notes, our interest in a Europe about the positive difference that the with it communist dictatorship and whole and free will not be ensured until Pell grant made in her life and the dif- cultural genocide. But the Lithuanian Estonia, Latvia, and Lithuania are se- ference it has made in the lives of the people were not defeated. They resisted cure. students she now teaches. Senator Pell, their oppressors and kept their culture, Mr. President, I commend the people a statesman committed to education, their faith and their dream of inde- of Lithuania for their courage and per- was visionary in his creation of the pendence very much alive even during severance in using peaceful means to grant that now bears his name. The the hardest times. regain their independence. I pledge to Pell Grant still serves as the very foun- The people of Lithuania were even work with my colleagues to continue dation of our federal commitment to able to mobilize and sustain a non-vio- working to secure the freedom and postsecondary study and it has helped lent movement for social and political independence of Lithuania and its Bal- make the dream of higher education a change, a movement which came to be tic neighbors, and I join with the peo- reality for millions of low-income indi- known as Sajudis. This people’s move- ple of Lithuania as they celebrate their viduals. I was pleased and honored to ment helped guarantee a peaceful tran- independence.∑ participate in this event for Senator sition to independence through full f Pell. participation in democratic elections I urge my colleagues to take the time on February 24, 1990. TRIBUTE TO ROBERT CONDON to read Ms. Macy’s remarks. They re- Unfortunately, the peace did not last. ∑ Mrs. BOXER. Mr. President, I rise to mind us of why our support for the Pell In January 1991, ten months after res- pay tribute to Robert Condon, one of grant program is important. S2608 CONGRESSIONAL RECORD — SENATE March 11, 1999 The remarks follow: suitcases containing my life’s belongings: old boyfriends reared its ugly head. The REMARKS OF BETH MACY my clothes and books, my Neil Young album daughter of a doctor, my friend confided that collection and my beloved stuffed Ziggy. The she still pines over one ex-beau in particu- When a friend of mine, a writer who is in year is 1986, and I am 18 years old. I have lar—but added that he was not worthy of her her 80s, heard I was going to give a speech never seen the beach, nor written a check, angst, on account of, as she put it: ‘‘He was about having been a Pell grant recipient, her nor spent the night any farther from home a total loser. I mean, he went to college on first reaction was to joke: ‘‘Don’t do it,’’ she than Mary Beth Buxton’s house on the out- a Pell grant.’’ Back then I was too ashamed said ‘‘Unless they promise to forgive any skirts of town. As we drive, there are thou- of my roots to confront that kind of elitism, outstanding loan payments.’’ And then she sands of station wagons packed with thou- so I stewed and said nothing. But a few said: ‘‘You always hear about Fulbrights, but sands of suitcases; thousands of grinding months ago at a teaching conference I at- nobody ever says how much they appreciated stomachs converging on universities across tended, a colleague made a similar comment. their Pell grants.’’ That was my thought ex- the country. As we drive, I’m certain that He said that most of his Pell students are actly. And it has been my thought since the I’m the only college freshman who fears get- slackers; that they take advantage of gov- day I realized just how much the Pell grant ting lost, not making any friends, failing ernment hand-outs; that they don’t have has done for me and thousands of other peo- courses, being shipped back home. And I what it takes to make it in a white-collar ple like me. They say the G.I. bill changed know I’m the only one arriving on campus world. This time I could not keep quiet. I America; that thousands of people became with a lucky buckeye from my Grandma told him that most of my Pell students are the first in their families to go to college, Macy’s tree in the pocket of my brand-new even more driven than my middle- and turning education from an elites-only busi- too-blue jeans. Courage, as defined by Emer- upper-class students, with a lot more riding ness to a more democratic enterprise. Well, son: having the guts to do the thing you’ve on the success of their papers than a letter the Pells did the same thing a little later never done before. The one time I drove off grade or the refinement of their creative- and went deeper, helping more women and the city-pool high dive, I land flat on my writing skills. Most of my Pell students are minorities than the G.I. bill did. And I say belly. They said you could hear the smack at working toward not only a degree and a de- this to you unequivocally because I believe the tennis courts a quarter-mile away. Sure, cent job, but also a fundamental shift in the it: Had I not gone to college, I don’t think I’d I tried something new, but I never climbed direction of their lives. They want to worry have any of the things I treasure most that ladder again. In my mom’s Mustang, my not about paying the bills, but about wheth- today—my husband, my sons, my friends, my heart soars and plummets with every mile er their kids are more suited to playing soc- work, even my psychological well-being. crossed. I’m excited that I just might break I am not a rich person now, by any means. cer or the violin. When you’re mired in pov- into the ranks of the Official Middle Class, erty’s problems, you don’t have the luxury of I drive a used Volvo station wagon with but I fear being found out as the impostor I 122,000 miles. My husband drives to the worrying about basic ‘‘quality of life’’; it believe I am. I consider asking my mom to wouldn’t occur to you to even use that inner-city school where he works in a 1986 turn around and take me home, but for the Mustang convertible—with a roof that leaks phrase. life of me I can’t even talk. Courage, as de- I am not rich now by any means. But most every time it rains. We live in a three-bed- fined by me: having the guts to dive in over room, four-square house in Roanoke, Vir- of the time I am happy, and I am productive, and over again, until the belly flop becomes and I am not ashamed. I thank you, Senator ginia, with questionable floor joists and a perfect plunge. I climbed back up the high- Pell, for your gift of education—on behalf of cranky plumbing. The house was built in dive ladder the day I went to college. But I myself, my students and all the rest of the 1927, the same year my mother was born. couldn’t have done it without the Pell grant, people out there who might yet get a shot at Both my house and my mother have char- which paid my tuition. To cover room and a life better than the one they were born acter, as they say of things that charm you board, I worked two, sometimes three jobs at into. and annoy you and sometimes make you a time, and I received several National Di- ∑ laugh. My mother was too poor to go to col- rect Student Loans. f lege, and my father dropped out of school in This is why last year, on my first night of the seventh grade. He told me once that teaching—after working as a journalist for 12 WOMEN’S HISTORY MONTH serving as a cook in World War II was the years and earning a master’s degree in cre- ∑ Mr. SARBANES. Mr. President, best thing he’d ever done, but he came home ative writing at Hollins—the following peo- today I rise in recognition of Women’s from the war to a life of alcoholism, depres- ple inspired me: Sandy and Teree, sisters History Month—a time to honor the sion and scattered employment. My three who both drive school buses and dream of many great women leaders from our older siblings—whose early-adult years pre- earning associate’s business degrees so they date the founding of the Pell grant—didn’t can help their truck-driver husbands start past and present who have served our go to college, either; they didn’t even con- their own company; Amy, a single mom who Nation so well. They have worked dili- sider it. It was just not something people in spoke of what it was like to be diagnosed as gently to achieve social change and our family did. I don’t want to give you the having ADD (at age 30) and, with the help of personal triumph usually against in- impression that we grew up hungry or phys- medicine, finally being able to THINK; credible odds. As scientists, writers, ically abused; we didn’t. But we were af- Charles, who’d recently moved to Virginia doctors, teachers, and mothers, they flicted with the most serious side effect of from a drug-treatment center in Connecti- have shaped our world and guided us growing up poor: the inability to dream. We cut, ready to try life without drugs; Beth, down the road to prosperity and peace. felt inferior to the kind of people who took mother of four, who said she came to college vacations and drove cars that started every because she doesn’t want her kids to grow up For far too long, however, their con- time. thinking she’s stupid; And Randy, a me- tributions to the strength and char- A few years ago I was reminded of how chanic who came to class without first wash- acter of our society went unrecognized small my world used to be before I went ing his greasy hands. For our first in-class and undervalued. away to college. My husband and I were driv- exercise, Randy wrote about the best job Women have led efforts to secure not ing my 16-year-old niece, who lives in Ohio, he’d ever had, in construction. His ideas were only their own rights, but have also to our house in Virginia—on her first trip developed, his examples full of detail. But he been the guiding force behind many of across state lines. We stopped in Charleston, didn’t have a single period or comma on the the other major social movements of West Virginia, to refuel the car and our bel- page. He said he had no idea where to place lies, when Sara removed her requisite teen- a period. ‘‘If I get me a computer,’’ he asked, our time—the abolitionist movement, age earphones, bolted upright in her seat and ‘‘won’t that put in all the periods for me?’’ the industrial labor movement, and the gasped, ‘‘You mean they have McDonald’s Randy wasn’t exactly Hemingway by the se- civil rights movement, to name a few. here, too?!’’ mester’s end, but he did know how to punc- We also have women to thank for the Today I teach personal-essay and memoir tuate a sentence. He came to every class establishment of many of our early writing as an adjunct instructor at Hollins early, stayed late and never missed dropping charitable, philanthropic, and cultural University. I also teach freshman comp and by during office hours to show me his work. institutions. remedial writing part-time at our commu- He improved more than any student I’ve ever In Maryland, we are proud to honor nity college. When any of my students com- taught, and I’m told he’s still in school— plain that their stories aren’t worthy of the plugging away at ‘‘The Great Gatsby’’ and the many women who have played such written word—or that nothing significant ‘‘Once More to the Lake’’ after his eight- critical roles in the development of our has happened to them—I have them make a hour shift fixing cars. He wants to buy his State heritage. They include Margaret list of the defining moments in their lives. own business, too, and I believe some day he Brent, who, in 1648, became America’s To find your plot, I tell them, try to think of will. He was one of several who stayed late first woman lawyer and landholder, one event in your life that has fundamen- that first night to get me to sign his Pell and Harriet Tubman, who saved thou- tally changed the way you think and act. Grant form. sands of lives during the Civil War This is mine: I am riding through the flat I know there are people who like to bash cornfields of Northwest Ohio on my way to Pell grant recipients. About 10 years ago, on through the Underground railroad. Bowling Green State University. I am in my our way to cover a newspaper story, a photo- Other great Maryland women include mom’s rusting Mustang, which is packed to journalist friend and I were riding in a com- Henrietta Szold, the founder of Hadas- the roof with stolen milk crates and cheap pany car, when the subject of lost loves and sah, the Women’s Zionist Organization March 11, 1999 CONGRESSIONAL RECORD — SENATE S2609 of America and Dr. Helen Taussig, who Mr. President, as we begin a new mil- make technology a part of the whole developed, in 1945, the first successful lennium, it is my hope that our education process rather than simply a medical procedure to save ‘‘blue ba- progress in securing women’s rights small piece student learning. Too often bies.’’ will accelerate. As we celebrate Wom- technology is brought in to the class- Now more than ever, women are a en’s History Month, let us reaffirm our rooms of today without the training guiding force in Maryland and a major commitment to the women of this Na- necessary for our teachers to best use presence in our business sector. As of tion and to insuring full equality for that technology to train our students 1996, there were over 167,000 women- all of our citizens.∑ for tomorrow. Phyllis Marckworth has owned businesses in our State—that f met that challenge head on and has amounts to 39 percent of all firms in made her district and its students bet- RECOGNIZING PHYLLIS Maryland. Maryland’s women-owned ter because of the creative and dedi- MARCKWORTH OF THE PORT businesses employ over 301,000 people cated way in which she has done so. TOWNSEND SCHOOL DISTRICT and generate over $39 billion in sales. It is individuals like Phyllis Between 1987 and 1996, the number of ∑ Mr. GORTON. Mr. President, I would Marchworth that make education women-owned firms in Maryland is es- like to recognize the outstanding across this country and in our local timated to have increased by 88 per- achievements of a local educator, Phyl- schools great, not more rules and regu- cent. lis Marckworth, from Port Townsend lations from Washington, DC. As we in During Women’s History month we in Washington State. Phyllis has been the Senate work on important edu- have the opportunity to remember and brought to my attention for her de- praise great women leaders who have cation legislation, I hope my col- voted efforts in singlehandedly taking leagues will remember the innovative opened doors for today’s young women charge of efforts to create an inte- in ways that are often overlooked. work of educators like Phyllis grated system of technology through- Marchworth who show how local com- Their legacy has enriched the lives of out the Port Townsend School District. us all and deserves prominence in the munities create education success sto- Indeed, Superintendent Gene Medina ries when we give them the flexibility annals of American history. credits Phyllis’ enthusiastic efforts for With this in mind, I have co-spon- they need and deserve.∑ literally transforming the fundamental sored legislation again this Congress to f nature of student learning in the dis- establish a National Museum of Wom- trict. It is individuals like Ms. BRUMIDI IN NEW YORK en’s History Advisory Committee. This Marckworth that should remind all of Committee would be charged with ∑ Mr. MOYNIHAN. Mr. President, I rise us here in the U.S. Senate of the indis- identifying a site for the National Mu- today to call the Senate’s attention to seum of Women’s History and develop- pensable role that the innovation of works of an artist with whom we are ing strategies for raising private fund- local educators play in our children’s all quite familiar. Constantino Brumidi ing for the development and mainte- education. is famous for having painted much of Phyllis is the kind of rare and special nance of the museum. Ultimately, the the fine murals here in the Capitol. educator which schools across this museum will enlighten the young and What is not as yet known, however, is country cherish. She serves as a teach- old about the key roles women have that his other major body of work, in er, a technology administrator, and a played in our Nation’s history and the fact the only other great body of work many contributions they have made to staff developer. Thus, her contributions in the United States, is at the Our our culture. to the better education of students of Lady of the Scapular & St. Stephen’s However, we must do more than Port Townsend are noteworthy for sev- Church (St. Stephen’s) in New York merely recognize the outstanding ac- eral reasons: first, her incredible zeal City. Located on 29th Street and Third complishments women have made. in tirelessly laboring on behalf of the Avenue on Manhattan’s East Side, St. Women’s History Month also is a time students she serves. In 1993, she was co- Stephens is home to many Brumidi to recognize that women still face sub- ordinating plans to purchase comput- masterpieces, including a mural of the stantial obstacles and inequities at ers and telephones for the Port Town- crucifixion which is believed to be the every turn. Access to capital for female send District. Rather than follow the largest of its kind in the world. At one entrepreneurs is still a significant tradition path of initial hardware in- time, St. Stephen’s was home to the stumbling block, and women business vestment to supply individual class- New York City Arch Diocese and the owners of color are even less likely rooms, Phyllis embarked on a bolder largest Catholic Church in New York. than white women entrepreneurs to and eventually more rewarding task of Unfortunately, many of the paintings have financial backing from a bank. A assembling an entire telecommuni- and murals have fallen into disrepair female physician still only earns about cations network for all the students in and are in need of restoration. The 58 cents to her male counterpart’s dol- the district to utilize and learn from. church has undertaken a campaign to lar, and female business executives That network has since become the raise the funds necessary to complete earn about 65 cents for every dollar backbone of the improved communica- this task. I am hopeful that some gov- paid to a male executive. At every age, tion and learning in Port Townsend ernment funds may be available as women are more likely than their male that all schools hope technology will well, perhaps through the Save Ameri- contemporaries to be poor, and the av- bring to our classrooms. ca’s Treasures program. Our own Bar- erage personal income of men over 65 is Secondly, her visionary innovation in bara Wolanin from the Architect of the nearly double that of their female implementing an integrated system of Capitol’s office is familiar with St. Ste- peers. Tragically, the incidence of technology within the Port Townsend phen’s and their efforts to preserve AIDS among black and Hispanic school district has resulted not just in their collection of Brumidis. I invite women and teenage girls is far out of a ‘‘technology curriculum’’ but tech- my colleagues to visit St. Stephen’s proportion to their percentage of the nology that is fully integrated within the next time they are in New York population. the entire district’s curriculum. This and see the other body of work by the On the other hand, we have made integration has resulted in better edu- artist we have all come to love. great strides toward ensuring a fairer cation for students who now under- Mr. President, I ask that an article place for women in our society. The stand and utilize technology as a part written by members of St. Stephen’s college-educated proportion of women, of every aspect of their lives and learn- about their Brumidi collection be although still smaller than the com- ing, not just a computer that is used printed in the RECORD. parable proportion of men, has been in- for typing term papers or biology lab The article follows: creasing rapidly. Black and white wom- reports. CONSTANTINO BRUMIDI—ARTIST OF THE CAP- en’s death rates from heart disease Finally, this integration which Phyl- ITOL—CLASSICAL ARTIST AND DECORATOR OF have dropped significantly since 1970. lis sparked has also corresponded with ST. STEPHEN’S CHURCH Women are now the majority in some a direct focus on developing the ability In a new publication, Constantino Brumidi: professional and managerial occupa- of staff throughout the Port Townsend Artist of the Capitol, Barbara Wolanin (cura- tions that were largely male until rel- district to make technology a part of tor for the architect of the Capitol) and a atively recently. their classrooms. Hence, teachers can host of other scholars present the first in S2610 CONGRESSIONAL RECORD — SENATE March 11, 1999 depth biography of this important painter are already in the facility. Essentially, man, led by conscience and an innate whose work at the Capitol has recently been we provide for a phase-down rather sense of mission and morality to serve restored. than an immediate termination of par- always as a voice for those who had In addition to ‘‘The Apotheosis of George ticipation in Medicaid. lost or had never been given the right Washington’’ which adorns the Capitol dome in the Rotunda, Brumidi painted in the Sixty-eight percent of all nursing to speak for themselves. If you were House of Representatives Chamber, the home residents eventually end up on down and out, forgotten, discriminated President’s Room, the Senate Reception Medicaid. Our bill protects these vul- against, despised or rejected by soci- Room, and throughout many of the corridors nerable senior citizens and individuals ety, then Avery Alexander was your of our nation’s Capitol. The first floor Sen- with disabilities from finding them- friend. I have known few people who ate corridors of the Capitol are known as the selves evicted. The bill goes a long way lived up to the Biblical admonition to ‘‘Brumidi Corridors.’’ toward assuring residents and their love unconditionally as well as he did. Ms. Wolanin brings to our attention the families that they will continue to re- Avery Alexander will be missed. But he fact that a large body of Constantino Brumidi’s work is in a Catholic church in ceive quality nursing home care with- will also be long remembered for the New York City. The Order of Carmelites, out fear of inappropriate eviction. ways he taught and inspired us to love, who serve the parish of Our Lady of the S. 494/H.R. 540 is a modest but impor- to care, to serve and, most of all, to Scapular & St. Stephen’s Church in the tant proposal that will promote the look beyond skin color and gender and Rosehill District of Manhattan, have in- peace of mind of millions of Americans. age and creed and to see that which is vested over a million dollars of their own I ask my colleagues for their support.∑ best, noble and God-given in each of us. funds to restore the exterior of their Roman- f We will all miss the ‘‘Rev!’’∑ esque Revival church built to the designs of f the architect James Renwick Jr. in 1854 (Mr. IN MEMORY OF LOUISIANA STATE Renwick also designed the Smithsonian Cas- REPRESENTATIVE AVERY ALEX- CONGRATULATING WTOP FOR 30 tle and the Renwick Gallery). This initial in- ANDER YEARS OF OUTSTANDING SERVICE vestment has halted deterioration of the many frescoes, murals and decorative ele- ∑ Mr. BREAUX. Mr. President, with ∑ Mr. SARBANES. Mr. President, I rise ments by Brumidi on the church’s interior the passing this week of Louisiana today to commemorate the 30th Anni- walls. state Representative Avery Alexander, versary of one of the area’s finest news Brumidi’s mural of the Crucifixion behind our nation and my state of Louisiana stations, WTOP, a station that has the main altar of the church is believed to be lost one of its most legendary and re- been a trustworthy and informative the largest of its kind in the world. spected citizens. For most of his 88 source of regional and national news Brumidi’s frescoes of David, the Madonna years, Reverend Alexander gave him- since 1969. and Child and St. Cecilia on the south wall, self selflessly and completely to the once neglected and in danger of irreversible In our increasingly inter-connected damage, have been restored by Constance service of others—as a dedicated and society where technology has increased Silver of Preservar in an effort to understand caring minister, as a fearless and prin- the speed at which information is col- the composition of the underlying wall and cipled civil rights leader and as a tire- lected, disseminated and analyzed, the the materials and techniques Brumidi used. less and thoroughly honorable public importance of responsible journalism The goal of the Carmelites is to fully restore servant. has become even more important. the baroque interior of the church, which To those who knew him, ‘‘The Rev,’’ WTOP has maintained a reputation as may be the only one of its kind in America. as he was called, was a nothing short of an accurate news source by its report- Examples of ‘‘trompe l’oeil,’’ Brumidi’s a living legend and the very embodi- scheme of architectural illusion which origi- ing of events from Watergate to the re- nally united all of the artistic and architec- ment of the courage, passion and vision cent impeachment trial; from Vietnam tural elements of the church, have been ex- that characterized the civil rights to conflicts in the Persian Gulf; from posed for study and may be seen on the par- movement of the 1950s and l960s. In a issues regarding the District of Colum- tially restored south wall. day and time when standing up for bia to the politics of my home State of From the mid 1850’s through the early your rights as an American meant tak- Maryland. In addition to news accounts 1870’s when not working at the Capitol, ing your life into your hands, Avery on these issues, WTOP always has Brumidi traveled to New York to work at St. Alexander and his allies took to the weather, traffic and sports reports to Stephen’s. Today, the parish serves a small streets and helped transform our na- and thriving community. In the 19th cen- complete its effective coverage. Much tury, however, due to a massive immigration tion. Avery Alexander and his contem- as CNN is the leader in television news of Irish fleeing the Great Famine, St. Ste- poraries in the civil rights movement coverage, WTOP leads the way in pro- phen’s Church became, for a time, the larg- helped give our nation a new birth of viding up-to-date radio news 24 hours a est and most influential Catholic parish in freedom and for that we are internally day. the United States.∑ grateful. I would also like to commend the f Yet long after the great civil rights service of one individual in particular, marches and protests of the 1960s and WTOP’s Congressional correspondent THE NURSING HOME RESIDENTIAL well into his ninth decade of life, Rev- Dave McConnell, who has been with the SECURITY ACT OF 1999 erend Alexander was still as passionate station for almost 20 years. I have ∑ Mr. ROTH. Mr. President, one week and committed to the cause of human worked first-hand with Dave over the ago today, the Finance Committee rights as he had always been. It wasn’t years and have the utmost respect for unanimously voted to support legisla- that long ago—three years to be his journalistic integrity and his dedi- tion to protect from eviction nursing exact—that the people of Louisiana cation to reporting the news in a pre- home residents who rely on Medicaid. were treated to the familiar image of cise yet understandable way. Indeed, Our bill, S. 494, the Nursing Home Resi- Avery Alexander on a ticket line in his ‘‘Today on the Hill’’ broadcasts dential Security Act of 1999, is sup- Baton Rouge, protesting changes to the have provided listeners with the most ported by both the nursing home indus- state’s affirmative action laws that he up-to-date information on legislative try and senior citizens’ advocates. believed were unfair and unwise. When activities on Capitol Hill by talking di- Yesterday, the House of Representa- Avery Alexander believed in some- rectly with members of Congress about tives passed H.R. 540, companion legis- thing, especially civil rights, he gave it the issues. lation to our bill, by a vote of 392 to 12. his all. And he knew better than most Mr. President, I am pleased to have I call on my colleagues now to join me that the civil rights laws of the 1960s this opportunity to recognize the pro- in voting in support of this important were only a beginning, not an end, of a fessionalism of this station and its em- legislation. Let us send it to the Presi- great national journey for every citi- ployees on this auspicious anniversary, dent and make it the first piece of zen, black, white, Hispanic or Asian. and to extend my best wishes to WTOP health care legislation to become law Whatever one might have thought for the next 30 years and beyond.∑ this year. about him, and however one might f Our legislation prohibits nursing have disagreed with him, I know of no homes that withdraw from participa- one who would have ever thought of TRIBUTE TO ROBERT L. OZUNA tion in the Medicaid program from questioning Avery Alexander’s mo- ∑ Mrs. BOXER. Mr. President, I rise to evicting the Medicaid residents who tives. He was a supremely principled pay tribute to Robert L. Ozuna, March 11, 1999 CONGRESSIONAL RECORD — SENATE S2611 Chief Executive Officer of New Bedford sharing his prosperity with many phil- p.m., with the following limitations: Panoramex Corporation from 1966 until anthropic activities in his community. Senator HATCH, 30 minutes; Senator his death on March 6 at the Queen of He sponsored many events in the His- COLLINS, 15 minutes; Senator INHOFE, the Valley Hospital in West Covina, panic neighborhood where he grew up, 30 minutes; Senator HOLLINGS, 20 min- California. He was 69. and he was a founding director of the utes; Senator DURBIN, or his designee, Robert Ozuna was the oldest of four East Los Angeles Sheriff’s Youth Ath- 30 minutes; Senator BUNNING, 10 min- children born in Miami, Arizona to letic Association, which promotes edu- utes. Mexican-American parents. In 1940, cational, athletic and drug awareness The PRESIDING OFFICER. Without after his father’s death, Robert moved programs for more than 60,000 youths objection, it is so ordered. with his mother, brother and sisters to in the Los Angeles Metropolitan area. Mr. GORTON. I further ask consent East Los Angeles, where he worked Robert Ozuna is remembered by his that following morning business, the steadily from an early age in order to employees at New Bedford Panoramex Senate resume consideration of S. 257, help support the family. Corporation as a man with a deep pas- the missile defense bill. As Founder and President of New sion for life. His concern for his em- The PRESIDING OFFICER. Without Bedford Panoramex Corporation (NBP), ployees and their families along with objection, it is so ordered. Robert Ozuna became one of the most his abundant generosity to them was successful Mexican-American entre- always present. f preneurs in southern California. He Robert Ozuna was married for 35 gained his business experience on the years to Rosemary, who passed away in PROGRAM job and his engineering education by November of 1998. He is survived by his Mr. GORTON. Mr. President, for the attending night school in the Califor- mother Amella Ozuna, his sons Steven information of all Senators, the Senate nia community and junior college sys- Ozuna and Jeff Dominelli, his daugh- will reconvene at 12 noon on Monday, tem. ters Nancy DeSilva and Lisa Jarrett, March 15, and begin a period for morn- In 1966, Ozuna began to build his his sisters Lillian Gomez and Vera ing business until 3:00 p.m. Following company with a second mortgage on Venagas, and his brother Tony Ozuna. morning business, the Senate will re- his home, and a few electrician’s hand He also leaves six grandchildren. sume consideration of the missile de- tools, hard work and entrepreneurial Robert Ozuna epitomized the Amer- fense bill. The leader has announced instincts into the thriving electronics ican dream, which promises to anyone that there will be no rollcall votes on manufacturing business it is today in who works hard and plays by the rules Monday, but he hopes that Members Upland, California. NBP designs, devel- the opportunity to achieve great suc- will be available on Monday in order to ops and manufactures electronic com- cess. Robert Ozuna lived that dream. offer and debate amendments to the munication systems and remote mon- Though he will be greatly missed, his missile defense legislation. Any votes itoring systems for its primary client, life and achievements will serve as an ordered with respect to any offered the United States Government. inspiration to generations to come.∑ amendments will be ordered to occur Robert Ozuna’s hard work and dedi- f on Tuesday, and all Members will be cation were given public recognition notified of that voting schedule when it ORDERS FOR MONDAY, MARCH 15, when he received the Department of is available. Transportation Minority Business En- 1999 terprise Award for 1987 and again for Mr. GORTON. Mr. President, I ask f 1991. He received the Air Traffic Con- unanimous consent that when the Sen- trol Association Chairman’s Citation of ate completes its business today, it ADJOURNMENT UNTIL MONDAY, Merit Award in 1994. He was an active stand in adjournment until 12 noon on MARCH 15, 1999 member of The California Chamber of Monday, March 15. I further ask con- Mr. GORTON. Mr. President, if there Commerce for various cities and a sent that on Monday, immediately fol- is no further business to come before founder of Casa De Rosa Annual Golf lowing the prayer, the Journal of pro- the Senate, I now ask unanimous con- Tournament, which he started to raise ceedings be approved to date, the sent that the Senate stand in adjourn- funds for the Rancho de Los Ninos Or- morning hour be deemed to have ex- ment under the previous order. phanage in BajaMar, Mexico. pired, the time for the two leaders be There being no objection, the Senate, As industrious as Robert Ozuna was reserved, and the Senate then begin a at 6:48 p.m., adjourned until Monday, in business, he was equally involved period for morning business until 3:00 March 15, 1999, at 12 noon. March 11, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E399 EXTENSIONS OF REMARKS

INTRODUCTION OF LEGISLATION ment reimbursement) and leaving the totally IN CELEBRATION OF THE 100TH TO HELP THE NATION’S SAFETY uninsured to these disproportionate share ANNIVERSARY OF THE NET HOSPITALS: CARVE-OUT OF safety-net hospitals. These safety-net hos- DUNSMUIR HOUSE AND GARDENS DISPROPORTIONATE SHARE HOS- pitals have the worst total margins (i.e., ``prof- IN OAKLAND, CA PITAL PAYMENTS its'') in the hospital industry. Overall, hospital margins from Medicare payments are at HON. BARBARA LEE HON. CHARLES B. RANGEL record highs and this fact justified the Medi- OF CALIFORNIA OF NEW YORK care payment update freeze and reductions IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES which were included in the Balanced Budget Thursday, March 11, 1999 Thursday, March 11, 1999 Act. But the Prospective Payment Assessment Commission estimates that in 1997 the Na- Ms. LEE. Mr. Speaker, I rise in celebration Mr. RANGEL. Mr. Speaker, I am today intro- of the 100th anniversary of the establishment tion's major teaching hospitals (who also tend ducing legislation to give equitable treatment of the Dunsmuir House and Gardens in Oak- to be DSH hospitals) will have the lowest total to the Nation's safety-net hospitals, the hos- land, CA. This milestone will be commemo- margins of any hospital category: 3.9 per- pitals which serve a disproportionate share of rated with a year-long series of special events the Nation's uninsured and low-income. I am centÐa thin and shrinking margin that will including lectures, concerts, and exhibits, be- pleased to be joined by Representatives surely turn negative in the next economic ginning on Thursday, March 11, 1999, to cele- STARK, QUINN, WALSH, and 26 other Members. downturn. The enactment of this legislation brate the Dunsmuir estate and the history of Our bill ``carves out'' Disproportionate Share could help improve these margins and pre- the City of Oakland. Hospital (DSH) payments from the amount we serve these hospitals. The Dunsmuir House and Gardens is a 50- give HMOs and pays those DSH funds directly Providing a DSH carve-out will also help acre early 20th century summer estate located to DSH hospitals when managed care com- these hospitals compete equally for managed in the hills of northeast Oakland. The estate pany patients use a DSH hospital. care patients. Failing to provide a carve-out features a 37-room, 16,224 square foot neo- This legislation completes a process well- serves as an incentive to managed care plans classical revival mansion, carriage house, and started in the Balanced Budget Act. In the not to use these more expensive hospitals. A barn, as well as additional farm buildings and just-enacted Balanced Budget Act, we ``carved recent White Paper from the National Associa- a beautifically manicured landscape. out'' from what we pay HMOs the amount at- tion of Public Hospitals and Health Systems The estate was built by Alexander Dunsmuir tributable to the cost of Graduate Medical as a wedding gift for his bride Josephine Wal- entitled ``Preserving America's Safety Net Hos- Education (GME) and provided that, when an lace. In 1906, the estate was purchased by pitals'' explains why the DSH carve-out should HMO's patient actually uses a GME Hospital, L.W. Hellman and later sold to the City of that hospital will be directly reimbursed by be legislated: Oakland in the early 1960s. In 1971, the Medicare for its extra GME expenses. This The current methodology for distributing Dunsmuir House & Gardens, Inc. (DHGI), was provision corrects a serious problem facing Direct Graduate Medical Education, Indirect formed to provide public access to the estate our Nation's teaching and research hospitals: Medical Education, and DSH payments is se- and grounds. HMOs get paid as if they use these hospitals, riously flawed in the Medicare managed care The Dunsmuir House & Gardens, Inc., is a but in many (but not all) cases, HMOs avoid context. For Medicare patients enrolled in non-profit organization with over 200 volun- these more expensive hospitals. The ``carve managed care, these supplemental payments teers responsible for the restoration, preserva- out'' will prevent windfalls to HMOs and permit are incorporated into the average adjusted tion, and management of the Dunsmuir Estate. the GME hospitals to compete fairly for HMO per capita cost (AAPCC) which is the capita- Throughout the year, DHGI presents several patients. tion payment made to managed care plans. multi-cultural events, tours, and educational The same logic that supported the GME The plans do not necessarily pass these pay- programs that provide opportunities for the carve-out supports the DSH carve-out. Though ments along to the hospitals which incur the public to enjoy the estate. the Senate Finance and Commerce Commit- costs that justify the payments. In fact, The mission of DHGI is to preserve and re- some plans receive the payments and do not tees' bills provided for both a DSH carve-out even contract with such hospitals. As Medi- store the buildings and grounds while main- and a GME carve-out, the DSH carve-out was care increases the use of capitated risk con- taining their historic character; to interpret the dropped from the final BBA. There is no logic tracting, the amount of DGME, IME, and valuable historical, cultural, architectural, and to not applying the same principle to DSH DSH funds that go to teaching hospitals will horticultural resources for the estate during the payments. diminish considerably unless this payment period of 1900 to 1910; to operate and main- Our Nation's safety-net hospitals des- policy is changed. In essence, payments in- tain the estate for the enjoyment and edu- perately need these extra paymentsÐand tended to support the costs of teaching or cation of the public; and to encourage the HMOs which do not use DSH hospitals do not low income care are being diverted from the community's use of the property while main- deserve the extra amount. As data from 1995 hospitals that provide the care to managed taining a balance between site use and pres- show, the Nation's public hospitals in over 100 care plans that are not fulfilling this mis- ervation. of America's largest metropolitan areas are sion. For this reason, the GME and DSH pay- The Dunsmuir House has been designated the key safety-net hospitals. These hospitals ments must be carved out of the AAPCC rate as a National Historic Site by the United and made directly to the hospitals that incur make up only about 2 percent of all the Na- States Department of the Interior and has those costs. tion's hospitals, yet they provide more than 20 been placed on the California Historic Register percent of all uncompensated care and they The carve-out for graduate medical edu- by the California Office of Historic Preserva- rely on Medicare and Medicaid to fund more cation was wisely included in the Balanced tion. The Dunsmuir House is also designated than half of that uncompensated care. In Budget Act. It is logical, appropriate, and im- as a Historic Landmark by the City of Oak- 1995, 67 of these safety-net hospitals reported portant that we complete the work and carve land. incurring $5.8 billion in uncompensated care out the DSH payments. Throughout this centennial celebration, the costs (defined as bad debt and charity care)Ð Dunsmuir Estate will be alive with new con- an average of over $86 million per hospital. I want to thank the Greater New York Hos- struction and preservation projects. A new For these institutions, bad debt and charity pital Association, the American Hospital Asso- Garden Pavilion will be constructed in 1999, care represented 25 percent of their total ciation, and the Healthcare Association of New featuring a ballroom and meeting space which gross charges. And this disparity is only get- York State (HANYS) for their support of the will accommodate up to 299 guests. During ting worse. Private and for-profit hospitals are bill in the 105th Congress (H.R. 2701), and we the construction of the new Garden Pavilion, a increasingly competing for Medicaid patients look forward to working with them on the issue Garden Tent will also be installed on the es- (who at least bring with them some govern- in the 106th Congress. tate.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E400 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 1999 In order to preserve, protect, and restore the The highlight of Mr. Hawthorne's career came to conform itself to the basic international Dunsmuir estate, DHGI relies on memberships when he was inducted into the Mississippi As- standards that we hold dear. I do not always and financial donations as well as donations sociation of Coaches Hall of Fame. Over the agree with the policies of the Administration and loans of furniture, art, collectibles, books 36-year span, Mr. Hawthorne compiled a foot- when it comes to Turkey, but I am pleased to and clothing from the turn-of-the-century. ball record of 154±110±13 including several note that there was not a request for eco- The Dunsmuir House is truly a source of conference and district championships. In ad- nomic or military assistance for turkey in the civic pride and a valuable resource for the dition to coaching football, Mr. Hawthorne con- President's budget for Fiscal Year 2000. I am community, and I am excited to join in the tributed to the boys and girls basketball teams pleased that the Administration has finally celebration of the 100th anniversary of its es- and the boys and girls track teams. The fruits come around to the view shared by a majority tablishment. of Mr. Hawthorne's labor of love have resulted of the Members of the House of Representa- f in his athletes going on to become doctors, tives on this issue, and I am hopeful that this lawyers, teachers, politicians and successful signals a new willingness on the part of the THREE-MONTH EXTENSION OF RE- business persons. Executive Branch to work with Members on a ENACTMENT OF CHAPTER 12, Mr. Speaker, Mr. Hawthorne was truly an more constructive approach to improving Tur- TITLE 11, UNITED STATES CODE asset to the Second Congressional District of key's human rights practices. Mississippi. He served as a pillar of strength f SPEECH OF and hope for young people in the Mississippi HONORING ARTHUR O. EVANS HON. PATSY T. MINK Delta. If there ever was an example for a role OF HAWAII model, Mr. Hawthorne would certainly fit the HON. DALE E. KILDEE IN THE HOUSE OF REPRESENTATIVES bill. He will be surely missed by all. f OF MICHIGAN Tuesday, March 9, 1999 IN THE HOUSE OF REPRESENTATIVES Mrs. MINK of Hawaii. Mr. Speaker, I rise in CONTINUATION OF AID DENIAL Thursday, March 11, 1999 FOR TURKEY strong support of H.R. 808, the Chapter 12 Mr. KILDEE. Mr. Speaker, I stand before Farm Bankruptcy Bill, of which I am a cospon- you today to recognize the accomplishments sor. HON. JOHN EDWARD PORTER of a man who has made it his life's work to During the farm crisis of the 1980's, Con- OF ILLINOIS protect and defend human dignity, and to en- gress recognized that the bankruptcy code IN THE HOUSE OF REPRESENTATIVES sure the safety of our streets for our citizens failed to address the needs of most family Thursday, March 11, 1999 and our children. On March 12, friends and farmers. In an effort to fill this void, Congress family will gather to honor the career of Arthur in 1986 enacted Chapter 12 of the bankruptcy Mr. PORTER. Mr. Speaker, I want to ex- O. Evans, who is retiring after more than 30 code providing relief designed specifically for press my support for the continuation of cur- years in law enforcement. family farmers. Chapter 12 enabled family rent U.S. Policy regarding economic and mili- It is difficult to imagine what the Flint, MI farmers to reorganize their debt and continue tary assistance to the Government of Turkey. community would be like had it not been for to operate, rather than having to liquidate, Over the past decade, I have worked tire- the influence of Art Evans, an influence which when they declared bankruptcy. lessly, as a member of the House Appropria- began after he joined the Flint Police Depart- Chapter 12 is scheduled to expire in 3 tions Committee to end the practice of provid- ment, following the end of his tenure as a weeks, on April 1, 1999. The Chapter 12 Farm ing scarce U.S. foreign assistance dollars to member of the U.S. Air Force Air Police. Art Bankruptcy Bill, will extend Chapter 12 of the abusive governments around the world. Tur- began his career as a police officer in 1968, bankruptcy code for 3 additional months and key is one example where sustained action by and rose through the ranks becoming a ser- continue this much needed bankruptcy option concerned Members of Congress has had an geant in 1974 and a lieutenant in 1984. During until it can be made permanent with the bank- important impact. In 1995, despite a deplor- his tenure with the Flint police, Art served in ruptcy reform legislation that will be heard able human rights record and consistently divisions such as the Criminal Investigation later this year. poor relations with its neighbors, Turkey was Bureau, Neighborhood Foot Patrol, and the In- Family farmers, the backbone of our coun- the third largest recipient of U.S. foreign as- spection Bureau. During this time, Art also at- try, deserve an opportunity to reorganize their sistance. Through the efforts of Congressman tended Flint Junior College and Michigan debts and continue operating after they have ANDREWS and many other concerned Mem- State University, earning degrees in Police Ad- declared bankruptcy. I support H.R. 808 and bers, we were able to end direct assistance to ministration, Criminal Justice, and Criminal urge it's immediate passage. Turkey in fiscal year 1999. Today, I call upon Justice Education and Administration. For over f Congress to maintain this policy as we begin 25 years, he also worked as a Criminal Jus- working on the appropriations bills for the tice instructor at the University of Michigan- TRIBUTE TO THE LATE ROBERT coming fiscal year. Flint, Saginaw Valley State University, and HAWTHORNE The U.S. State Department and numerous Mott Community College. In February 1985, non-governmental organizations both in and Art was appointed Undersheriff of Genesee HON. BENNIE G. THOMPSON outside Turkey, have compiled a thorough County, thereby giving him a larger jurisdiction OF MISSISSIPPI record of the serious human rights problems and a greater opportunity for public service. IN THE HOUSE OF REPRESENTATIVES that persist in Turkey to this day. The inter- Art has often been involved in groups such national community has continuously ex- as the Genesee County Association of Chiefs Thursday, March 11, 1999 pressed dismay with Turkey's refusal to with- of Police, Flint Area Crime Stoppers, National Mr. THOMPSON of Mississippi. Mr. Speak- draw troops from Cyprus, its total rejection of Organization of Black Law Enforcement Ex- er, today I pay tribute to Mr. Robert J. Haw- any political solution to the Kurdish problem, ecutives, and the International Association of thorne who passed away on February 19, and its ongoing mistreatment of the Kurds and Chiefs of Police. He has worked to enhance 1999. Mr. Hawthorne was a motivator, educa- other minority groups. Unfortunately, Turkey the quality of life for his constituents through tor, and served as a positive role model for has done little to address these problems or his involvement in groups such as Genesee many of the youths in his community. move any closer to the standards of behavior County Violence Prevention Coalition, Mott Mr. Hawthorne received his early education that are expected of a country which desires Community College Criminal Justice Advisory at Jackson Lanier High School. Upon comple- a place in Europe and in the community of Board, and the National Council on Alcohol- tion, he entered Tougaloo College, my alma democratic nations. ism. mater, in Tougaloo, MS. Mr. Hawthorne's stay I regret that the Turkish government has re- Art has many times stepped from behind his at Tougaloo was temporarily put on hold in fused to accept responsibility for or take steps badge through his work with the Boy Scouts of order for him to serve his country in the United to correct the problems that hold Turkey back America, Bishop International Airport Authority, States Army. After being discharged from the from its potential positive role in the region and the YMCA. He has been General Chair- service, he returned to Tougaloo College and and the world. Until such time as that govern- person for the Untied Negro College Fund in received his degree. ment does make a genuine effort to address Genesee County, President of the Urban In the early 1960's, Mr. Hawthorne moved these serious issues, the U.S. Congress must League of Flint Board of Directors, and Presi- to the Delta where he embarked on a 36-year continue to send a strong message by refus- dent of the Flint Board of Education. teaching and coaching career in the ing to permit U.S. taxpayer funds to be squan- Mr. Speaker, many people in the Flint area, Hollandale School District in Hollandale, MS. dered on an abusive government that refuses myself included, have greatly benefitted from CONGRESSIONAL RECORD — Extensions of Remarks E401 Art Evans' insight and experience. He has More than 700,000 mammograms have INTRODUCTION OF THE BREAST truly made Genesee County a better place in been provided to primarily low-income women. AND CERVICAL CANCER TREAT- which to live. I ask my colleagues in the 106th Of this number, over 48,000 of the tests were MENT ACT OF 1999 Congress to join me in congratulating him for abnormal, and over 3,600 cases of breast his dedication and commitment to justice. cancer were diagnosed. In addition, through f the 850,000 cervical cancer screenings, more HON. ANNA G. ESHOO PROVIDING FOR USE OF CATA- than 26,000 pre-cancerous lesions were de- OF CALIFORNIA FALQUE IN CRYPT BENEATH RO- tected, and 400 women were diagnosed with IN THE HOUSE OF REPRESENTATIVES TUNDA OF CAPITOL IN CONNEC- invasive cervical cancer. TION WITH MEMORIAL SERVICES Thursday, March 11, 1999 But frankly, screening and early detection FOR THE LATE HONORABLE HARRY A. BLACKMUN, FORMER are only half the battle. These proactive efforts Ms. ESHOO. Mr. Speaker, I rise today to ASSOCIATE JUSTICE OF THE SU- must be coupled with a quality plan for follow- talk about two diseases we all hope to avoid PREME COURT OF THE UNITED up treatment. As the CDC program works but which often touches too many of our STATES today, treatment for these women isÐat livesÐbreast and cervical cancer. bestÐan ad hoc system. Women must rely on Mr. Speaker, breast and cervical cancer are SPEECH OF a tremendous amount of time and effort from killers. Breast cancer kills over 46,000 women HON. BILL LUTHER volunteers, state workers, doctors, public hos- each year and is the leading cause of death OF MINNESOTA pitals, and others, to find appropriate treat- among women between 40 and 45. Cervical IN THE HOUSE OF REPRESENTATIVES ment services for their disease. Follow-up cancer will kill, 4,400 of our wives, daughters, mothers and sisters this year. Tuesday, March 9, 1999 services are very rare, and 5% of women in In 1990, Congress took the first step to fight Mr. LUTHER. Mr. Speaker, I rise today to this program are never even treated. Con- breast and cervical cancer by passing the pay tribute to the life and legacy of late Su- gress needs to provide a plan that follows Breast and Cervical Cancer Mortality Preven- preme Court Justice Harry Blackmun. Ascend- through for these women. tion Act. This law authorized a breast and cer- ing from a modest St. Paul Childhood to the In my district of Long Island, the severity of vical cancer-screening program for low-in- Nation's highest court, Mr. Blackmun served this problem is very real. My staff has dealt come, uninsured or underinsured women the people of Minnesota for decades with his with a number of women with varying issues through the Centers for Disease Control meticulous yet open legal mind before dutifully that stemmed from this loophole of care in the (CDC). serving his Nation as Supreme Court Justice current system. for 24 years. This law was an important first step, but it Reflective and courageous Justice Black- For example, one women from Suffolk was only a first step. While the current pro- mun bore great personal burdens in order to CountyÐwhile she was extremely grateful for gram covers screening services, it does not translate the Constitution's theory of liberty the screening programs available to herÐ cover treatment for women who are found to into fundamental guarantees for all people. He often referred to her treatment as ``begging'' be positive through the program. The bill I am was a genuine and humble public servant. His because she often had to get treatment any- introducing today with my colleagues, Rep- resentatives LAZIO, CAPPS, and ROS-LEHTINEN, passing will be mourned by people every- where she could find it. where. takes the next critical step by providing lifesav- f Another constituent with breast cancer felt ing treatment for these dreaded diseases. like her disease was ``public'' because she Our bill, the Breast and Cervical Cancer THE BREAST AND CERVICAL found that the only way to get treatment as a CANCER TREATMENT ACT OF 1999 Treatment Act of 1999, would establish an op- women in this situation is to tell every advo- tional state Medicaid benefit for the coverage cate and every doctor about your situationÐto of certain women who were screened and di- HON. RICK LAZIO make these extraordinarily personal problems agnosed with breast or cervical cancer under OF NEW YORK publicÐin the hope that someone can find the CDC National Breast and Cervical Cancer IN THE HOUSE OF REPRESENTATIVES what you need and help. Early Detection Program. Thursday, March 11, 1999 Finally, one women chose not to get tested Thankfully, Mr. Speaker, we possess the Mr. LAZIO of New York. Mr. Speaker, I rise because she knew that treatment would not technology to detect and treat breast and cer- today to introduce legislation that will allow be guaranteed. This final example is what vical cancer. But we must pair this with the will states the option of providing Medicaid cov- to help women fight these diseases. The cur- frightens me the mostÐsome women are erage to women who have been diagnosed rent method of providing treatment is through avoiding a screening that could save their life with breast and cervical cancer through the an ad hoc patchwork of providers, volunteers, federal government's National Breast and Cer- because of the potential expense it might cost and local programs that often results in unpre- vical Cancer Early Detection Program them. dictable, delayed, or incomplete. Our bill would (NBCCEDP). Seeing a need to complete this quality pro- provide a consistent, reliable method of treat- This bill would allow women who are gram, I joined with my colleagues Rep. ANNA ment for uninsured and underinsured women screened through the CDC program and diag- ESHOO and Rep. ILEANA ROS-LEHTINEN, to fighting breast or cervical cancer. nosed with cancer to help obtain the quality sponsor The Breast and Cervical Cancer Mr. Speaker, I am pleased to say that over treatment they deserve. The Breast and Cer- 90 of my colleagues from both sides of the vical Cancer Treatment Act would allow Treatment Act of 1999. Our legislation will aisle have already signed on to be original co- women to focus their efforts on getting well in- allow states the option of providing Medicaid sponsors of the Breast and Cervical Cancer stead of worrying about how they or their fam- coverage to women who have been screened Treatment Act. These members who have ily will be able to pay for their treatment. and diagnosed with breast and cervical cancer Currently, screening services through this through the CDC program. In my view, this bill shown their support for this bill recognize that breast and cervical cancer are not only wom- CDC-administered program are provided to is the best long-term solution. Congress needs en's diseases. For the son who has lost a women who earn too much to be eligible for to ensure Americans that our government pro- Medicaid but not enough for private insurance. mother, the husband who has lost a wife, or grams are working for them and that Congress the mother who has lost a daughter, this dis- The nine-year-old-program exists in 50 states, is making the right decisions. in five U.S. territories, in the District of Colum- ease is a family disease. bia, and through 15 American Indian/Alaska I am proud to introduce this critical piece of In the last decade we have made great Native organizations. legislation in an effort to ensure that all strides in diagnosing and treating breast and The CDC screening program is a terrific women of all income levels will have access to cervical cancer. But the causes of these can- success and has saved an untold number of the screening and appropriate and quality cers remain unknown and for many women lives. Since its inception in 1990, the program treatment to help combat this terrifying dis- how they will pay for their treatment remains has provided more than 1.5 million screening ease. unknown as well. Mr. Speaker, our hope is tests to women who might have otherwise not that Breast and Cervical Cancer Treatment had access to it. Act will help change that. E402 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 1999 IN HONOR OF AMELIA ASHLEY- send farms into bankruptcy and farmers are SENSE OF CONGRESS URGING WARD, PUBLISHER OF SUN-RE- left without any means of recovering. Agri- CRITICISM OF PEOPLE’S REPUB- PORTER PUBLISHING COMPANY culture producers can qualify for emergency LIC OF CHINA FOR HUMAN BY THE SAN FRANCISCO NAACP loans when adverse weather conditions and RIGHTS ABUSES IN CHINA AND other natural phenomena have caused severe TIBET AT ANNUAL MEETING OF HON. BARBARA LEE physical crop property damage or production UNITED NATIONS COMMISSION OF CALIFORNIA losses, however, under current law, crop vi- ON HUMAN RIGHTS ruses and diseases are not considered ``natu- IN THE HOUSE OF REPRESENTATIVES ral disasters'' and thus are not eligible for SPEECH OF Thursday, March 11, 1999 these types of loans. HON. JOHN EDWARD PORTER Ms. LEE. Mr. Speaker, I rise in recognition For example, in Hawaii, the State recently OF ILLINOIS of the honor bestowed upon Amelia Ashley- ordered the eradication of all banana plants on IN THE HOUSE OF REPRESENTATIVES Ward by the San Francisco NAACP for her the entire island of Kauai and in a 10 square- Tuesday, March 9, 1999 outstanding career in the field of journalism. mile area on the Big Island in an effort to Ms. Ashley-Ward is the publisher of the eradicate the banana ``bunchy top'' virus. A Mr. PORTER. Mr. Speaker, I rise today in Sun-Reporter Publishing Company and was court order required compliance of all who did strong support of H. Con. Res. 28. Congress recently named ``Publisher of the Year'' by the not cooperate and farmers were ordered to must strongly signal the administration in urg- National Newspaper Publishers Association destroy their entire farm and livelihood without ing the United Nations to criticize China's (NNPA). any compensation. These farmers do not qual- human rights record. The Sun Reporter Publishing Company pub- ify for emergency loans or disaster assistance Let me start by thanking the gentleman from lishes nine weekly newspapers throughout and many were left with no other option but to New York (Mr. GILMAN) for bringing this reso- Northern California, including the Sun-Re- sell their farms. lution to the floor, and so many of my other porter, the California Voice and the Oakland The survival of our Nation's farmers is large- colleagues including the gentleman from Cali- Metro Reporter. Through these various publi- ly dependent upon the unpredictable temper of fornia (Mr. LANTOS), the gentleman from Vir- cations the African-American community is mother nature. We provide our farmers with ginia (Mr. WOLF), and the gentlewoman from kept informed of issues affecting African- assistance when adversely affected by severe California (Ms. PELOSI) for their efforts to focus Americans politically, economically, and cul- weather but that is not enough. Emergency the attention of this body on the human rights turally. loans and disaster assistance must be made situation in China. Ms. Ashley-Ward assumed control of the available to farmers for crops suffering from China recognizes the U.N. Declaration of Sun-Reporter following the death of Dr. calamitous plant viruses and diseases. Human Rights as does this great Nation of Carlton Goodlett, its longtime leader. Since H.R. 473 would enable farmers to qualify for ours. Unfortunately, China's recognition of this then, she has revitalized the company and crop insurance programs, noninsured assist- monumental document lives only on paper. continued Dr. Goodlett's crusade for social ance programs, and low-interest emergency China has proven through its repeated mis- justice. loans, when devastated by crop losses due to treatment of its citizens, its continuing geno- Ms. Ashley-Ward's achievements in journal- plant viruses and diseases. cide in Tibet, and the lack of fundamental free- ism as a reporter, photo-journalist, Editor of I invite my colleagues to cosponsor this wor- dom of religion and expression that it does not the California Voice, Managing Editor and now thy legislation and I urge immediate consider- stand for the most basic of human rights. The Publisher of the Sun-Reporter are significant. ation of H.R. 473 in the House. United States must no longer accept China's These awards include the 1997 Woman of the f defiance of the precepts of the U.N. Declara- Year designated by the San Francisco Black TRIBUTE TO LILLIAN WEST- tion on Human Rights, which the rest of the Chamber of Commerce; the Leslie Urquhart ADAMS international community accepts and lives by. Community Service Award; and the leaders in China is witnessing the worst crackdown on Action Award in journalism. HON. BENNIE G. THOMPSON dissent since the days immediately following Ms. Ashley-Ward is an executive board the Tiananmen Square massacre. Since this OF MISSISSIPPI crackdown began in November, the United member of the NAACP, serving as 2nd Vice IN THE HOUSE OF REPRESENTATIVES President. States along with the international community Ms. Ashley-Ward is also the Founding Thursday, March 11, 1999 has done little to condemn China. When three President of the Young Adult Christian Move- Mr. THOMPSON of Mississippi. Mr. Speak- prominent dissidents were given absurd prison ment, which is an outreach organization that er, today I pay tribute in memory of a dear sentences for their efforts to register the China discusses faith and how to make one's life friend who recently passed away, Mrs. Lillian Democracy Party, there was barely a sound better spiritually. West-Adams. Mrs. West-Adams was indeed a from our administration. When a leading labor I want to join with the NAACP and with friend to me and many people in her commu- activist was arrested for giving an interview on community leaders throughout the Bay Area nity and will be missed by all. Radio Free Asia, there was hardly a word. and the nation to pay tribute to the work and Mrs. West-Adams was born December 17, When a computer entrepreneur was arrested legacy of Ms. Amelia Ashley-Ward. 1940 in Bolton, MS. She was the third of four for selling e-mail addresses to a magazine f children. Her education began in the elemen- which promotes democracy, the silence was tary and secondary schools of Hinds County deafening. While brave warriors for democracy H.R. 473—PROVIDING ASSISTANCE Public School System. She went on to receive sit in jail or labor in work camps, the adminis- TO FARMERS FOR CROP DIS- a Bachelor of Science Degree in Home Eco- tration has declined to stand up for these peo- EASES AND VIRUSES nomics from Alcorn College in Lorman, MS. ple and for the principle they embody. China's She left Alcorn for Chicago after receiving actions are indefensible; it is time our Nation HON. PATSY T. MINK her degree. It was there where Lillian accept- stands up and shows China that its actions OF HAWAII ed a teaching position with the Chicago Board are unacceptable and the international com- IN THE HOUSE OF REPRESENTATIVES of Education. It was also in Chicago where munity is watching. she met and later married Mr. Lonnie E. Promotion and preservation of basic human Thursday, March 11, 1999 Adams. This union was blessed with one rights is an issue for the entire international Mrs. MINK of Hawaii. Mr. Speaker, I re- daughter, Larissa J. Adams. Education and communityÐit is not China's internal matter. I cently introduced H.R. 473, to ensure that enriching the lives of young people became urge the administration to begin a genuine dia- farmers who suffer crop losses due to plant vi- her lifelong commitment. log with the Congress in order to demonstrate ruses and plant diseases are eligible for crop Mrs. West-Adams will always be remem- the sincerity of its desire to work with the Con- insurance and noninsured crop assistance bered as a warm and giving person. Whether gress to address the very serious human programs and that agricultural producers who it was her family, friends or community, she rights problems in China. suffer such losses are eligible for emergency was willing to go the extra mile. In closing Mr. I ask all of you to join me in urging this ad- loans. Speaker, I would like to say that Mrs. Lillian ministration to send a unequivocal message to Pandemics of plant viruses and diseases West-Adams made a tremendous contribution China by having the United Nations criticize its regularly destroy the crops of entire farms and to the future of America by imparting knowl- human rights record. The United States must often the crops of entire geographic areas. A edge to countless numbers of young people. take the lead in preserving the most basic of single plant virus or disease outbreak can My prayers go out to her family. rights for the people around the world and it CONGRESSIONAL RECORD — Extensions of Remarks E403 must take a stand against the horrendous poli- Tom also served a successful tenure as without dictating to the states what their spe- cies which China continue to live by. president of the National Organization to In- cific laws should be since the legislation is f sure a Sound-Controlled Environment (NOISE) general enough to preserve a state's right to HONORING PASTOR EDDIE where he was a tireless advocate of airport implement a collective bargaining statute on noise mitigation. Tom's dedication to airport their own terms. Furthermore, states that al- McDONALD, SR. noise reduction helped communities and citi- ready have collective bargaining laws in place HON. DALE E. KILDEE zens nationwide address the adverse effects would be exempt from the federal statute. of increased noise pollution. I would like to make it clear that this legisla- OF MICHIGAN On behalf of these communities and citi- tion does not permit strikes by public safety of- IN THE HOUSE OF REPRESENTATIVES zens, especially his constituents in Eagan, ficers nor does it provide for mandatory bind- Thursday, March 11, 1999 MN, we greatly appreciate all of Tom's con- ing arbitration. This is in keeping with the bill's Mr. KILDEE. Mr. Speaker, I come before tributions and efforts and we wish him all the intent to provide a basic and fundamental right you today with a heavy heart, as I stand here best in his future endeavors. of negotiating for those who protect us without to recognize the achievements of a great man f endangering the lives of the people they are who gave much to his family, his community, CONGRATULATING THE MEMBERS hired to protect. and to the Lord. On March 8, Pastor Eddie OF THE UNIVERSITY HIGH It is well-known that labor-management rela- McDonald, Sr. of Friendship Missionary Bap- SCHOOL MARIACHI CULTURAL tionships are based on trust, mutual respect, tist Church in Pontiac, Michigan, joined the open communications, compromise and Lord after a lifetime of service. HON. CHET EDWARDS shared accountability. I believe this to be es- For many years, Pastor Eddie McDonald pecially true as it relates to our public safety was known as one of the most respected and OF TEXAS IN THE HOUSE OF REPRESENTATIVES officers. We depend on them to maintain our influential leaders in the City of Pontiac. It is safety and they depend on our respect and Thursday, March 11, 1999 nearly impossible to imagine what the Pontiac understanding if they are going to continue to area would be like had Pastor McDonald cho- Mr. EDWARDS. Mr. Speaker, I rise today to provide us with the level of comfort in our sen not to move here from his home in Fay- offer my best wishes to the members of the communities to which we are accustomed. etteville, North Carolina in 1953. In 1958 he University High School's Mariachi Cultural. They deserve no less. joined the congregation of Messiah Missionary This group represents Texas' multicultural her- This bill has the support of the International Baptist Church. He was ordained as a deacon itage and helps instill pride in our Hispanic cul- Association of Fire Fighters; the International in January 1959 and became a minister on ture. Brotherhood of Police Officers; the Inter- March 18, 1962. The group was started in March 1997, national Union of Police Associations; the Na- In 1966, Pastor McDonald began a street under the capable leadership of Jose Nino. tional Association of Police Organizations and ministry, and the following year organized Since then, the volunteer student group has the Fraternal Order of Police. It also has the Bibleway Missionary Baptist Church, serving performed at numerous events and was fea- bi-partisan support of over 125 of our col- as Pastor through its first year. On March 28, tured on Univision, the international cable sta- leagues upon its introduction. 1968, Pastor McDonald became the pastor of tion. Friendship Missionary Baptist Church, and Earlier this year, the group was able to pur- I urge our colleagues to join us in support- held the position up until his untimely death. chase new uniforms after a successful fund- ing the Public Safety Employer-Employee Co- Pastor McDonald's influence extended not raising effort. The Waco community came out operation Act of 1999. only in the Church, but the community as well. full force for this talented musical group and He was affiliated with a number of profes- made the new uniforms a reality. f sional and charitable organizations including I ask members to join me in congratulating the Pontiac Ecumenical Ministry, Pontiac Citi- this special group on their musical successes. THE PUBLIC SAFETY EMPLOYER- zen's Coalition, Lighthouse and the Pontiac f EMPLOYEE COOPERATION ACT Youth Assistance Program. Pastor McDonald OF 1999 also served as president of the Oakland Coun- THE PUBLIC SAFETY EMPLOYER- ty Ministerial Fellowship. Not limiting his good EMPLOYEE COOPERATION ACT deeds to the State of Michigan, he and his OF 1999 HON. DALE E. KILDEE family have been instrumental in food and OF MICHIGAN clothing drives benefitting needy individuals HON. ROBERT W. NEY IN THE HOUSE OF REPRESENTATIVES throughout the country. OF OHIO Mr. Speaker, when Pontiac became a part IN THE HOUSE OF REPRESENTATIVES Thursday, March 11, 1999 of my district, I was told by many that the first Thursday, March 11, 1999 Mr. KILDEE. Mr. Speaker, I rise today to person I should meet was Pastor Eddie Mr. NEY. Mr. Speaker, I rise today in sup- urge my colleagues to join my friend from McDonald. This advice proved to be beneficial port of the Public Safety Employer-Employee Ohio, Mr. NEY, myself, and over 100 of their because from it, I gained a resource, an ally, Cooperation Act of 1999, a bill I proudly re-in- colleagues, to support the Public Safety Em- a confidant, and most importantly, a friend. My troduce with the gentleman from Michigan, Mr. ployer-Employee Cooperation Act of 1999. sincerest condolences go out to his wonderful KILDEE. wife, Mary, their extended family, and the con- Congress has long recognized the impor- This legislation, which was originally intro- tance of assuring and protecting the right of gregation of Friendship Missionary Baptist duced in the 105th Congress and had 203 co- Church. He will be sorely missed. workers to collectively bargain. Over the f sponsors, establishes modest, minimum fed- years, federal laws have been extended to eral standards relating to collective bargaining guarantee collective bargaining to different TRIBUTE TO MAYOR THOMAS A. for those groups who provide safety and secu- sectors and now the only sizable group of EGAN rity to the public, namely our fire fighters and workers without the rights to collectively bar- police officers. gain are employees of state and local govern- HON. BILL LUTHER Unfortunately, many of those whose job it is ment. to protect the public from danger are left to OF MINNESOTA This is particularly troubling as it applies to IN THE HOUSE OF REPRESENTATIVES fend for themselves. They do not have the right to negotiate such basic issues as hours, the public safety arena. Fire fighters and po- Thursday, March 11, 1999 wages and conditions of employment because lice officers take seriously their oath to protect Mr. LUTHER. Mr. Speaker, I come before some states still do not provide collective bar- the public and as a result they do not engage the House today to honor a devoted public gaining rights for their public employees. This in worker slowdowns or stoppages. The ab- servant, Thomas A. Egan of Eagan, MN. After is especially troublesome since fire fighters sence of the right to collectively bargain de- 20 distinguished years as council member and and police officers take their oaths to serve nies them the opportunity to influence deci- mayor of Eagan, Tom recently decided to re- and protect the public very seriously, putting sions that affect their lives. tire from public service. Although his leader- themselves at risk for the public's well-being. The Public Safety Employer-Employee Act ship will be greatly missed, Tom's legacy is Our bill recognizes the public safety officers' provides public safety officers with a collective the shared sense of community and respon- unique situation by creating a special collec- bargaining right that is outside the scope of sibility that Eagan residents will carry into the tive bargaining right outside the scope of other other federal labor laws. This legislation estab- new millennium. federal labor law. More importantly, it does so lishes basic minimum standards that state E404 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 1999 laws must meet and provides a process to re- sive military buildup on the Chinese main- tax (AMT). Consequently, more and more av- solve impasses in states without such laws. land itself that includes tripling the number erage Americans who use the dependent care States that already have collective bargaining of missiles (to more than 100) already de- credit, the new child credit, the HOPE credit or ployed against Taiwan. With several hundred laws would be exempt from the federal stat- more missiles expected for similar deploy- the lifelong learning credit, will be forced to fill ute. Furthermore, this bill prohibits strikes and ment, the recent Defense Department study out the complex alternative minimum tax form. does not call for mandatory binding arbitration. on the military balance in the Taiwan Strait Even worse, a growing number of Americans Public safety workers risk their lives every describes an ‘‘overwhelming advantage in of- will have all or part of these credits denied by day to protect the public. At the very least, fensive missiles which Bejing is projected to the interaction of the regular federal income they should be allowed to bargain for wages, possess in 2005.’’ tax and the alternative minimum tax. hours, and safe working conditions. This bill These developments are all the more helps workers, management, and the general alarming when seen against the backdrop of This is not a new issue. Last year I intro- (1) China’s overall military modernization, public, because employer-employee coopera- duced legislation, H.R. 4489, to permanently its abandonment of a traditional, land-based fix this problem. Once it was clear that perma- tion leads to cost savings and better delivery ‘‘people’s army’’ in favor a comprehensive of services. strategic and nuclear strike capability by nent legislation would not pass, I introduced This bill is supported by the International land, sea, and air; (2) China’s clandestine ef- H.R. 4611 to correct this problem for 1998. Association of Fire Fighters, International forts to acquire the most secret and sensitive This one year temporary ``fix'' did pass Con- Brotherhood of Police Officers, International of United States military technologies, in- gress last fall as part of the Omnibus Appro- Union of Police Organizations, National Asso- cluding the know-how to replicate the W 88 priations Act. This year, the Administration's ciation of Police Organizations, and the Frater- warhead, the most dangerous security breach budget includes a two year ``fix'' of this prob- in 50 years; and (3) allegations that China nal Order of Police. lem. This is simply not enough. This is a per- I urge my colleagues to join us in supporting has assisted the North Korean missile pro- gram, on top of its known and suspected manent problem; it demands a permanent so- the Public Safety Employer-Employee Co- sales of missile and nuclear technologies to lution. operation Act of 1999. terrorist states. f Mr. President, with respect to China, our Specifically, my legislation allows personal country has looked the other way for too nonrefundable credits to be used against AMT EXPRESS YOUR CONCERN ABOUT long. And we have tolerated a ballooning liability. Nonrefundable credits include the CHINA trade deficit for too long. We request that child credit, the HOPE and lifetime learning you make it emphatically clear to Premier credits, the dependent care credit, and the HON. JOHN E. SWEENEY Zhu that the United States has legal and adoption tax credit. In addition, the bill elimi- OF NEW YORK moral obligations to our allies that we will nates the complex interaction of the partially IN THE HOUSE OF REPRESENTATIVES honor. And if that means, as we believe it does, a land or sea based missile defense in refundable family credit with the AMT. In doing Thursday, March 11, 1999 the Western Pacific—then so be it. so, the bill would eliminate a penalty faced by Mr. SWEENEY. Mr. Speaker, I would re- Mr. President, we would also request that large families. you emphasize the P.R.C.’s worsening record spectfully request all of my colleagues to join Under current law, the total allowable me in signing a letter requesting the President regarding human rights violations in China and Tibet. Among these violations are the amount of nonrefundable personal credits may to use the upcoming visit with China's Premier recent excessive jail and labor camp sen- not exceed the amount by which the individ- Zhu Rongji to express our profound concern tences for pro-democracy activists, Xu ual's regular income tax liability exceeds the regarding several issues, including: Human Wenli, Qin Yongmin, Wang Youcai, and individual's tentative minimum tax. For families rights violations in China and Tibet; China's Zhang Shanguang, the latter for allegedly with three or more children, an additional re- ongoing public vilification against Japan; Chi- ‘‘providing intelligence to hostile foreign or- ganizations’’ while giving an interview on fundable child credit is provided and this is re- na's deployment of several hundred missiles duced by the amount of the individual's mini- against Taiwan; China's buildup of their nu- Radio Free Asia regarding farmer protests. And as for Taiwan, now is the time to re- mum tax liability. This requires all taxpayers clear strike capability; China's clandestine ef- mind Beijing that the Taiwan Relations who claim the child credit with incomes above forts to acquire secret United States military Act—the law of the United States—mandates $45,000 for joint filers and $33,750 for single technologies; China's assistance to the devel- the United States to ‘‘make available to Tai- filers to make at least a rudimentary minimum opment of the North Korea missile program; wan such defense articles in such quantity as and China's sales of missile and nuclear tech- may be necessary to enable Taiwan to main- tax calculation. nologies to terrorist states. tain a sufficient self-defense capability. That The Department of the Treasury estimated If you agree with me that the time has come is our law, period. And that same law man- that in 1998, without the one year ``fix'', eight for some truth and realism to be put back into dates that the determination of what Taiwan hundred thousand taxpayers who are entitled needs will be made by ‘‘the President and the our relations with the People's Republic of Congress.’’ to the child credit or the education credits China please join in signing the letter I have Mr. President, the United States policy to- would have been denied the full benefit of submitted into the RECORD by contacting my ward the P.R.C. has been based on wishful these credits by the AMT. office. thinking for far too long. Policy makers in the Administration of both parties have time In order to eliminate the complexities of the DEAR MR. PRESIDENT: We are taking this and time again been willing to give Chinese AMT in a revenue neutral manner, this bill re- opportunity, in advance of Premier Zhu duces the income phase-outs for the child Rongji’s visit, to express our profound con- leaders the benefits of the doubt only to be cern about several issues involving the Peo- consistently let down. The occasion of Pre- credit from $110,000 to $91,000 on a joint re- ple’s Republic of China. mier Zhu’s visit provides a timely oppor- turn, and from $7,500 to $60,000 for single fil- Since 1994 the P.R.C. has been constructing tunity to put some truth and realism back ers. into this relationship. It will take the same military facilities in the Spratly Islands. According to the IRS, the estimated average The size and nature of these facilities sug- kind of resolution you showed by sending gest that the P.R.C. is attempting to estab- aircraft carriers into the Taiwan Strait in time it takes to fill out the alternative minimum lish a permanent strategic presence in the 1996. We applauded you then, and we will tax form is 5 hours and 39 minutes. It would, area, from which it could patrol the sea support you now in taking the necessary of course, take much longer for hundreds of lanes in the South China Sea, the waterway steps to protect the United States interests thousands of taxpayers who may be forced to through which one sixth of the world’s trade and our allies in the region. fill this form out for the first time as a result of is shipped. f the credits Congress offered them last year in The military buildup in the Spratly Islands has been accompanied by an ever more stri- PERMANENTLY FIX THE the name of child care and education. dent campaign of public vilification against ALTERNATIVE MINIMUM TAX And to show how truly perverse this provi- Japan, a treaty ally of the United States and sion is, the interaction between the AMT and the base for 50,000 United States troops, the HON. RICHARD E. NEAL the partially refundable child credit will result in largest single concentration of United States OF MASSACHUSETTS military forces abroad. In another strategic a tax increase on 177,000 large families if the concern, in March 1997 a Chinese controlled IN THE HOUSE OF REPRESENTATIVES Republican 10 percent across the board tax company was able to obtain, from Panama, Thursday, March 11, 1999 cut was passed into law. Some might respond the rights to the port facilities that flank Mr. NEAL of Massachusetts. Mr. Speaker, that they intend to fix this problem later, but the canal zone. today I am introducing legislation to perma- that is exactly the type of thinking that put us Then there is the matter of the democratic in this situation to begin with. nation of Taiwan. The P.R.C.’s 1995 military nently fix the tax problem caused by the fact exercises and 1996 missile firings in the Tai- that the new tax credits for education and chil- Mr. Speaker, this bill is ``must pass'' legisla- wan Strait have been followed by an offen- dren are limited by the alternative minimum tion, and it must be passed on a bipartisan, CONGRESSIONAL RECORD — Extensions of Remarks E405 revenue neutral, permanent basis. I hope it is crucial to ensure that schools can promote was a graduate of Community School District will be. the best opportunities for our children so that 19. Ms. Corley-McKoy comes from a loving f they may reach their greatest learning poten- family of eight sisters and 2 brothers. One of tial. This bill also creates real, measurable ac- her sisters, Priscilla A. Wooten, serves on the HONORING GLEN STILLWELL OF countability standards for teachers to encour- City Council and Ms. Corley-McKoy played an ORANGE COUNTY, CALIFORNIA age them to bring out the best in every child instrumental role in her sister's election while at school. serving as campaign manager. HON. CHRISTOPHER COX With the passage of the Ed-Flex, my home Mr. Speaker, it is a considerable honor for OF CALIFORNIA state of Washington will finally have the oppor- me to speak about one of our community's IN THE HOUSE OF REPRESENTATIVES tunity to utilize this flexibility when designing most cherished leaders. I have known Gloria Thursday, March 11, 1999 their education programs. Local districts and for several years, and I can think of no better Mr. COX. Mr. Speaker, ladies and gentle- schools, such as Tahoma High School in role model for the community. America should men, I rise today to honor Glen Stillwell, one Maple Valley, will have the flexibility to design be aware of the tireless, unselfish work of of Orange County, California's finest and most a plan that works for Tahoma, not bureaucrats community leaders like Gloria B. Corley- generous philanthropists. in Washington, DC. By broadening this plan McKoy. Glen, after a long and courageous struggle, from the original plan of 12 states to include recently succumbed to a terminal illness. He the rest of the nation, we offer all states much f has left behind his lovely wife Dotti of 53 needed relief from over-burdensome regula- years, and a rich legacy of service and leader- tions. IN HONOR OF LAVATUS V. ship in the community of Orange County. His The proof is in the reforms already begun POWELL charitable and selfless influence upon the by states that participated in the ed-flex pilot McIntosh Center for the Disabled, the Provi- program. In both Texas and Maryland, Ed-Flex dence Speech and Hearing Center, the Olive has enabled school districts in each state to HON. ROB PORTMAN improve the test scores of their poorest chil- Crest Treatment Center for Abused Children, OF OHIO dren. In return for greater flexibility, both the Assistance League, the Orange County IN THE HOUSE OF REPRESENTATIVES Performing Arts Center, and the Freedoms states have produced solid academic results. Foundation at Valley Forge, allowed these Ed-Flex is a program that worksÐfor Thursday, March 11, 1999 much-needed institutions to thrive. schools and for students. A Kent County, Glen Stillwell truly lived the American Maryland school with 60% of the students at Mr. PORTMAN. Mr. Speaker, I rise today to dream. He came to California at the end of the the poverty level utilized ed-flex and now has pay tribute to Lavatus V. ``Vate'' Powell, a Great Depression and became a pioneer in the third highest test scores in the state for el- friend and community leader, who passed the budding aerospace engineering industryÐ ementary schools. Parents of the students in away on February 17, 1999. a California industry, that, with Glen's help, this school know first hand the value of local Vate was known for his integrity, straight- has become a world-leader. In time, through flexibility. Their kids are improving their read- forwardness, and positive outlook on life. His his own grit and determination, Glen built his ing, writing, and math skillsÐsome of the most life was centered around service to others. own aerospace-manufacturing company, important tools in life. Mr. Speaker, I encourage my colleagues to Vate was born in Mississippi and graduated which under the example of his guidance, con- from Jackson State University in 1955. He tinues to flourish. But throughout his brilliant think of the possibilities ed-flex can create in their home districts, to imagine how flexibility earned his master of science degree in 1964 career, however, Glen always considered the from Case Western Reserve University. He upbringing of his two sons, Thomas and Rich- at the local level will stimulate new ideas and programs that will improve the quality of edu- was a Cincinnati Public Schools teacher from ard, his most important calling. 1955 to 1965. Glen Stillwell was a visionary. He planted cation for our children, and create opportuni- He began his career with Procter & Gamble the seeds that ultimately became Chapman ties for our teachers and educators to design in 1965 as a systems analyst in the Data College and the world-renowned Orange plans that help our children reach their fullest Processing Systems Department. He went on County Performing Arts Center. He also had a potential. I ask my colleagues to support this to hold positions in personnel, urban affairs, passion for civic involvement, and his voice bill. and public relations, before becoming public was often heard in the public arena on impor- f affairs manager. He went on to become vice tant issues of statecraft. Indeed, Glen was the HONORING GLORIA B. CORLEY- president of Procter & Gamble's Ohio Govern- best kind of patriot; he loved his country and MCKOY ment Relations Division, where he served until he loved the community of Orange County, his retirement in 1997. and he loved his family. Orange County will miss Glen Stillwell, but HON. EDOLPHUS TOWNS Vate was an extraordinary community volun- will enjoy the fruits of his hard work and dedi- OF NEW YORK teer. He served as president of the Andrew cation for many generations to come. IN THE HOUSE OF REPRESENTATIVES Jergens Foundation; chairman of Preserving f Thursday, March 11, 1999 Affordable Housing; chairman of the Purcell- Marian High School Foundation and a mem- EDUCATION FLEXIBILITY Mr. TOWNS. Mr. Speaker, I rise today to ber of the Purcell-Marian board of trustees; PARTNERSHIP ACT OF 1999 honor Gloria B. Corley-McKoy for her exem- trustee of the Cincinnati Museum Center; plary community service and contribution to member of the Partners of Children's Defense SPEECH OF the Brooklyn Community. Fund, and a director of the Ohio Chamber of HON. JENNIFER DUNN Ms. Corley-McKoy has lived in the Brooklyn Commerce. He served as co-founder and Community of East New York for the past 35 OF WASHINGTON treasurer of the Black Male Coalition; Capitol years. She was employed as a drug counselor IN THE HOUSE OF REPRESENTATIVES Revival Task Force; chairman of the Cincinnati by the Board of Education for 22 years and Wednesday, March 10, 1999 United Way Government Affairs Committee; currently works as a community and project li- and president of the Board of Trustees of The House in Committee of the Whole aison for the AFSCME±AFL±CIO. Family Service of the Cincinnati area. He was Although retired from her position at the House on the State of the Union had under an elder at Carmel Presbyterian Church. consideration the bill (H.R. 800) to provide Board of Education, Ms. Corley-McKoy contin- for education flexibility partnerships: ues her tireless advocacy on behalf of the chil- In 1997, he received an Imagemaker Award Ms. DUNN. Mr. Chairman, I rise today to dren of New York. She currently serves as from Applause magazine for his efforts to pro- support the Education Flexibility Act. Repub- President of the Community School Board and mote education. That same year, he was hon- licans in the House are working on a biparti- President of the Boulevard Houses Tenant As- ored by the African American Leadership Net- san basis to put education back in the hands sociation, a position she uses to advocate for work for his work with Procter & Gamble. of local teachers and schools, and provide re- improving the lives of children in the commu- Vate was a warm and caring person who lief from federal regulations that only serve to nity. gave generously of his time and talents. Cin- stifle innovation in education. Ms. Corely-McKoy is married to Jeffrey cinnati was blessed to have him as a leading H.R. 800 will give states and communities McKoy. She is a product of the New York citizen. Many of us were blessed to have him more decision-making flexibility. This flexibility Public School System. Her late son, Edward, as a friend. E406 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 1999 TRIBUTE TO GENE MCCARTHY, Slovak political life. They very fact that a TRIBUTE TO GRANDMARIE’S IRISHMAN OF THE YEAR peaceful transition of power occurred is some- CHICKEN PIE SHOP thing we could not have taken for granted, HON. JACK QUINN given the increasingly authoritarian rule of HON. GEORGE RADANOVICH OF NEW YORK Vladimir Meciar manifested by, for example, OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES the refusal of the parliament he controlled to IN THE HOUSE OF REPRESENTATIVES Thursday, March 11, 1999 seat two duly elected members. Thursday, March 11, 1999 Mr. QUINN. Mr. Speaker, I am honored to Today, the situation is very different. The Mr. RADANOVICH. Mr. Speaker, I rise rise today on the floor of this House in rec- formation of a new government has included today to pay tribute to Grandmarie's Chicken Pie Shop on the occasion of their 42nd Anni- ognition of Mr. Gene McCarthy from Buffalo, key changes that were much needed and will versary. Grandmarie's has enjoyed 4 decades NY in my district, as the 1999 Goin' South foster greater confidence in Slovakia's re- of success at their Tower District location. ``Irishman of the Year.'' newed process of democratization. In particu- Keeping it simple and keeping it delicious Born in Buffalo's ``Old First Ward'' in 1926, lar, the appointment of a new head of the in- was the slogan of Marie Ross, the restaurant's Gene McCarthy is a lifelong member of our telligence service, the resolution of competing namesake, original owner, and grandmother of community. After high school, Gene began claims to the position of chief of the armed current owner Gary Ross. The Ross chicken working on Buffalo's waterfront at Pillsbury pie tradition dates back to the early part of the grain elevators, where he spent twelve years. forces, and the selection of a new general prosecutor help address many of the concerns century when relatives to Marie Ross made In 1955, Gene wed Mary (Dories). He and creamy chicken tarts and left them on the win- that arose during Meciar's tenure. The new his wife rasied their three children, Patti, Bill, dow sill to cool. A legendary treat was formed and Maureen to respect their proud Western government's efforts to hold previous officials and soon the Chicken Pie Shop was formed. New York and Irish-American heritage. In ad- accountable for their violations of the rule of After 42 years, Grandmarie's Chicken Pie dition, the McCarthy's now have seven grand- law and manipulation of parliamentary and Shop still follows Marie's advice, make it ``sim- children. constitutional democracy is also a positive ply delicious.'' Simplicity is the key, large por- Twenty-five years ago, Gene and Mary sign. During local elections in the fall, non- tions with all of the food groups represented at opened McCarthy's, a fine restaurant and tav- governmental monitors were permitted to ob- a reasonable price continues to attract thou- ern in the heart of the Old First Ward, at the serve the counting of the vote, further foster- sands of Fresnans. A visit of Grandmarie's is corner of Hamburg and Republic Streets. Fa- a must for those new to the Fresno area, mous for its corned beef, fish fries, and friend- ing public and international confidence in Slovakia's democratic structures. Direct presi- nothing can compare to the fine foods pre- ly service, McCarthy's has become a true pared there daily. dential elections are scheduled to be held in landmark. It is a proud symbol of not only his Mr. Speaker, I rise today to pay tribute to community, and not only the McCarthy family, May, which will fill a constitutional lacuna. The Grandmarie's Chicken Pie Shop on the occa- but of our Irish heritage in Buffalo. decision to permit, once again, the issuance of sion of their 42nd Anniversary. Grandmarie's In 1996, I invited the Honorable Dermott bi-lingual report cards restores common sense remains one of Fresno's finest traditions. I Gallagher, then Irish Ambassador to the to the discussion of issues of concern to the urge my colleagues to join me in wishing United States, to Buffalo to dedicate a monu- Hungarian minority. The government's stated Grandmarie's and the Ross family, many ment which was erected in honor of the Great intent to address the concerns of the Romani years of continued success. Famine in Ireland. During his stay, I took him minorityÐconcerns which have led many Slo- f to McCarthy's. Ambassador Gallagher has vak Roma to seek asylum in other countriesÐ said that the tavern was his favorite place in HONORING FREDDIE HAMILTON all of Western New York, no doubt a reflection is a welcome step in the right direction. on the McCarthy's overwhelming hospitality. In short, Mr. Speaker, the new government HON. EDOLPHUS TOWNS Whether it is for the famous Notre Dame is Slovakia has already undertaken important OF NEW YORK football parties in the fall, the Shamrock Run, steps towards fulfilling the promises made IN THE HOUSE OF REPRESENTATIVES the many local organizations and causes when communism collapsed. Thursday, March 11, 1999 which the McCarthys support, or the best St. Slovakia is now at a critical juncture, having Mr. TOWNS. Mr. Speaker, I rise today to Patrick's Day atmosphere outside of Ireland, honor Freddie Hamilton, for her tremendous McCarthy's Tavern and Gene and Mary succeeded by a slim electoral margin in peacefully removing Vladimir Meciar after 4 contributions to the Brooklyn community and McCarthy will always be an important part of her exemplary community service. years of increasing authoritarian rule. The new the proud history of our City. I am proud to As a native of New Orleans, LA, Freddie call him my friend. government must struggle to restore Hamilton has lived and worked in Central Mr. Speaker, today I would like to join with Slovakia's good name, repair the economy, Brooklyn for almost 40 years. Over the years, the entire McCarthy Family, the Goin' South and get Slovakia back on track for NATO and Freddie has participated in numerous civic and community organization, and indeed, all of EU membership. If Slovakia is to succeed in political organizations and causes to improve Western New York in tribute to Mr. Gene this effort, it is critical that the current coalition the quality of life for children and families in McCarthy, Irishman of the Year. hold together long enough to implement real her community. f reforms. As it seeks to do so, the new govern- Ms. Hamilton is the founding executive di- rector of the Child development Support Cor- DEMOCRACY PROGRESSES IN ment will be aided by a wellspring of credibility poration, a child welfare agency in Bedford- SLOVAKIA with the internationally community and cer- Stuyvesant. The agency employs 150 people tainly in Washington, where as the Meciar and provides a range of social services to HON. CHRISTOPHER H. SMITH government, in the end, had none. over 3,000 children and families annually. OF NEW JERSEY That wellspring of credibility, however, is not After losing a 17-year-old son, as a result of IN THE HOUSE OF REPRESENTATIVES bottomless and time is truly of the essence in gun violence, Ms. Hamilton became a found- Thursday, March 11, 1999 Slovakia's reform process. I hope all of the ing member of Parents United to Rally for Gun Violence Elimination (PURGE). The organiza- parties participating in the ruling coalition will Mr. SMITH of New Jersey. Mr. Speaker, this tion was created to address the issues of gun week a distinguished delegation from the Slo- quickly address some of the issues that have violence among African American youth. Ms. vak parliament visited Washington to meet been of special concern to the international Hamilton was successful plaintiff in the first with congressional leaders and other officials. community, including the adoption in the first class action strict liability suit against gun I regret that, because of a hearing on urgent half of this year of a minority language law. manufacturers. developments in Kosovo, I was unable to Such a step would be a concrete demonstra- Since 1994, Freddie has served as the meet with them. Nevertheless, the occasion of tion of the differences between this govern- elected Democratic Committeewoman (District their visit prompts me to reflect on some of the ment and the last. Leader) for the 57th Assembly District in developments in Slovakia since the elections Brooklyn. there on September 25 and 26, 1998. Mr. Speaker, I wish this new coalition gov- During a recent trip to Ghana, Freddie was Since a new government was installed on ernment of Slovakia every success in their re- honored in a traditional ``Enstoolment Cere- October 30, there has been a sea change in solve to make lasting reforms. mony'' to designate her a Queen Mother. She CONGRESSIONAL RECORD — Extensions of Remarks E407 was given the name Nana Yaa Serwaa II and Angeles have been recognized by his peers. 72ND ANNIVERSARY BANQUET OF she is now an official elder of the township of Of his many prestigious awards, he is very YESHIVAH OF FLATBUSH Pankese in Ghana, West Africa. She and her proud of being named the ``Best City Adminis- husband, Johnnie Ray, have six children and trative Officer in America'' by City and State HON. ANTHONY D. WEINER they are the proud grandparents of five grand- Magazine. OF NEW YORK children. At 59, Mr. Comrie and his wife Sandra IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, please join me in saluting McNutt-Comrie can look foward to many pro- Freddie Hamilton for her dedication to her ductive years in retirement during which he Thursday, March 11, 1999 family and her community. can pursue his interests in cars and auto rac- Mr. WEINER. Mr. Speaker, I rise today to f ing while taking satisfaction in a job well done invite my colleagues to pay tribute to the TRIBUTE TO KEITH COMRIE for the City of Los Angeles. Yeshivah of Flatbush and it's honorees on the occasion of it's 72nd Anniversary Banquet. HON. LUCILLE ROYBAL-ALLARD f The Yeshivah of Flatbush has long served as a pillar of strength for my constituents by OF CALIFORNIA TRIBUTE TO AMANDA CHRISTINE providing our children with the tools they will DRESCHER OF GIRL SCOUT IN THE HOUSE OF REPRESENTATIVES need to face the challenges of the twenty-first TROOP 395 Thursday, March 11, 1999 century. Ms. ROYBAL-ALLARD. Mr. Speaker, it is a Dr. Mayer Ballas, recipient of the Keter privilege to recognize the career of one of Los HON. SPENCER BACHUS Shem Tov Leadership Award, has dedicated himself to helping members of the community Angeles' leading public officials. After 35 years OF ALABAMA of public service, Mr. Keith Comrie is retiring as an advocate and spokesperson for Jewish IN THE HOUSE OF REPRESENTATIVES as the City Administrative Officer for the City people in need. He is the founding President of Los Angeles. During his illustrious career, Thursday, March 11, 1999 of the Council of Rescue of Syrian Jews and Mr. Comrie served both the City and the has served as a member of the Federation Mr. BACHUS. Mr. Speaker, today I would County of Los Angeles, making significant Oversight Committee, the arm of Operation like to salute an outstanding young woman contributions to both governments. Abraham concerned with the resettlement of Mr. Comrie grew up in South-Central Los who has been honored with the Girl Scout the most recent wave of immigrants from Angeles and first entered public service with Gold Award by the Cahaba Girl Scout Council Syria. At the Yeshivah of Flatbush, Dr. Ballas the City of Los Angeles in 1963, after earning in Birmingham, Alabama. She is Amanda sits on the Board of Directors and Board of a Bachelor of Science in Accounting and a Christine Drescher of Girl Scout Troop 563. Education and is a member of the Tuition As- Masters in Public Administration from the Uni- She has been honored for earning the highest sistance Committee. He participates in all versity of Southern California. He moved to achievement award in U.S. Girl Scouting. The school functions and generously gives of him- the County government in 1969 where he rose Girl Scout Gold Award symbolizes outstanding self and his time to the Yeshivah. to become the Director of the Department of accomplishments in the areas of leadership, Hon. Steven Cohn, recipient of the Keter Public Social Services receiving statewide rec- community service, career planning and per- Shem Tov Community Service Award, is ognition from Governor Ronald Reagan for sonal development. The award can be earned staunchly committed to both the Yeshivah and saving County taxpayers $120 million per year by a girl aged fourteen through seventeen, or his community. For the past sixteen years, Mr. and for making the welfare system one of the in grades ninth through twelfth. Cohn has served as the Democratic State most responsive and efficient in the state. Girl Scouts of the U.S.A., an organization Committeeman for the 50th Assembly District. In 1979, Mr. Comrie returned to the City of serving over 2.5 million girls, has awarded He is the Vice-Chair of the New York State Los Angeles at the request of Mayor Tom more than twenty thousand Girl Scout Awards Democratic Party, Secretary of the Democratic Bradley to serve as the City Administrative Of- to Senior Girl Scouts since the inception of the Party of Kings County and has served as Par- ficer. He has served in that position for 19 program in 1980. To receive the award, a Girl liamentarian to the Democratic National Con- years, including one year as interim Adminis- Scout must earn four interest project patches, vention. Working side by side with community trator of the $200 million Community Redevel- the Career Exploration Pin, the Senior Girl leaders, elected officials and neighborhood opment Agency. During Mr. Comrie's tenure of Scout Challenge, as well as design and imple- residents to protect the environment, improve service, the City of Los Angeles has seen its ment a Girl Scout Gold Award project. A plan homeless shelters and maintain quality medi- economic base expand to keep pace with pop- for fulfilling these requirements is created by cal care in his district. His affiliation with the ulation increases that have made it not only the Senior Girl Scout and carried out through Yeshivah of Flatbush parallels his children's the second largest city in the nation but a city close cooperation between the girl and an education and has strengthened over the of world class status. adult Girl Scout Volunteer. years. In addition to working on the Banquet Today, Mr. Comrie can look with pride at his As a member of the Cahaba Girl Scout Journal, Chinese Auction and Building Com- role in successfully steering the City through Council, Amanda Christine Drescher began mittees, Steve is currently an Associate Treas- the recession of the early 1990's with bal- working toward the Girl Scout Gold Award on urer on the Executive Board of Officers and anced budgets. During this time, he helped February 12, 1998. She completed her project, sits on the school's Board of Trustees and maintain the City's position as one of the best Art Day Camp, and I believe she should re- Board of Education. managed cities in the nation. Additionally, he ceive the public recognition due her for this Dr. Cheryl Fishbein, recipient of the Alumna played a key role in most of the major devel- significant service to her community and her of the Year Award, is an alumna of both the opments in the City, including such landmark country. Elementary School and the Joel Braverman projects as the renovated Central Library, the High School. Throughout her adult life, Cheryl Los Angeles Convention Center, and the Sta- f has focused her efforts on serving the commu- ples Center Arena. He also played a central nity. She is President of the Jewish Commu- role in rebuilding the City after the 1994 PERSONAL EXPLANATION nity House in Bensonhurst and is currently Northridge Earthquake and oversaw over $3 overseeing its capital building campaign. She billion in capital improvement projects such as HON. RUBE´N HINOJOSA serves as the Metro Chair of the Institutional libraries, fire and police facilities, and sewer Trustees Campaign for UJA and sits on the system reconstruction. OF TEXAS organization's Planning and Allocations Com- Many of these projects are in my Congres- IN THE HOUSE OF REPRESENTATIVES mittee. Additionally, Dr. Fishbein devotes much of her time to the Board of Jewish Edu- sional District, which includes much of the Thursday, March 11, 1999 central business district of the City of Los An- cation and serves as a Vice President of its geles. Therefore, I can attest to the signifi- Mr. HINOJOSA. Mr. Speaker, yesterday Board of Directors. She also sits on the cance of these projects, many of which were when the House was taking rollcall vote No. Boards of Gesher and the National Board of started under Mr. Comrie's watch. 39, an amendment by Representative GEORGE the Jewish Community Center Association. Mr. Comrie oversaw a staff of more than MILLER to the Education Flexibility Partnership Each of today's honorees have long been 100 and worked with over 30 council members Act, I was unavoidably detained and unfortu- known as innovators and beacons of good will during the terms of two mayors. Mr. Comrie's nately missed the vote. Had I been present I to all those they come into contact with. In accomplishments on behalf of the City of Los would have voted ``yea.'' recognition of their may accomplishments on E408 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 1999 behalf of my constituents. I offer many con- when he was called upon by presidents, world en on the street in front of his Belgrade home gratulations on their being honored by the leaders, Members of Congress and citizens to by masked thugs with bats. As they fled, their Yeshivah of Flatbush. defend civil rights, Judge Higginbotham an- comments indicated the political nature of the f swered with vigor and passion. attack. Millions of Americans saw him protect the During the first week of February, Milan SALUTE TO A. LEON tenets of the Constitution during the recent Panic, the Serb-American pharmaceutical ex- HIGGINBOTHAM House Judiciary Committee impeachment ecutive who is a leader of the Alliance for SPEECH OF hearings. This was just two weeks before his Change, the main coalition of political opposi- passing on December 14, 1998. tion to Milosevic's ruling Socialist Party, has HON. EDDIE BERNICE JOHNSON Like so many times during his stellar legal had his Serbian subsidiary company taken OF TEXAS career, he was a steadfast advocate and de- over by the authorities. The purpose was likely IN THE HOUSE OF REPRESENTATIVES fender of the true meanings and intents of the two-fold: to intimidate Panic and to gain hard- Wednesday, March 3, 1999 law and our Constitution. During the hearings, currency assets. Ms. EDDIE BERNICE JOHNSON of Texas. it was not partisan winds that steered his testi- On March 8, Slavko Curuvija, the chief edi- Mr. Speaker, as I witness attacks on affirma- mony that the President should not be im- tor of newspaper Dnevni Telegraf and the new tive action in education and a legal system peached. Rather, it was scholarly and intellec- magazine Evropljanin, was sentence along that overlooks police brutality among African- tual interpretation of the Constitution and the with two of his journalists to five months in Americans, I realize that our country is experi- separation of powers between the Judicial, Ex- prison by a Belgrade court for ``spreading false encing a huge gap in fairness and equality ecutive and Legislative branches of our gov- reports with an intention to endanger pubic under the law with the passing of Judge A. ernment. order.'' They remain free on appeal. Mr. Speaker, these assaults on freedom Leon Higginbotham, Jr. For those viewers of the hearings, that was Mr. Speaker, Judge Higginbotham spent his their first contact with the great judge. How- demonstrate that Milosevic feels vulnerable to life vigorously protecting and championing the ever, I have constantly been a witness toÐ democratic forces which do, in fact, exist in causes of equality and opportunity for African- and a beneficiary ofÐJudge Higginbotham's Serbia, forces which may indeed be growing. Americans. passionate and eloquent defense of justice. Indeed, the Serbian Government undertook to The French philosopher Montesquieu once On behalf of the constituents of the 30th make a paper prepared by the hearing witness said that ``In the state of nature, indeed, all congressional district of Texas, I would like to from the United States Institute for Peace and men are born equal, but they cannot continue tell his family what a great equalizer in this so- openly circulated at that same hearing into an in this equality. Society makes them lose it, ciety he was to us. He served an extended alleged confidential CIA document which and they recover it only by the protection of family of poor, powerless and downtrodden in- showed, they alleged, that the U.S. Govern- the laws.'' dividuals in this society. His advocacy for their ment was plotting to overthrow the Belgrade In confronting racial injustice, violence and causes meant a great deal to them and government. inequality through the legal system, Judge strengthened our principles as a country. Despite his insecurity at home, Milosevic Higginbotham recovered and secured equality In particular he leaves his wife, Evelyn does feel sufficiently secure in a U.S. policy for countless African-Americans. His life long Brooks Higginbotham; two daughters, Karen which seemingly needs his presence for im- commitment to eliminating discrimination and Nia; and two sons, Stephen and Kenneth. plementation for the Dayton Agreement in forced our society to recognize the equality in- I would like to thank them for allowing the Bosnia, and to get an agreement in France on herent in all men and women, despite their country to share and benefit from his mind, Kosovo. Our dependence on him, he reckons, race or ethnicity. heart and soul. means we will not seek to undercut his dic- In his capacity as special deputy attorney f tatorial power. The clear lack of attention general of Pennsylvania, judge of the U.S. many senior Administration officials have paid District Court for the eastern district of Penn- STATEMENT ON THE SUPPRES- to Serbia' democrats has only reinforced this sylvania and judge of the U.S. Third-Circuit SION OF RIGHTS IN SERBIA feeling in Belgrade. Court of Appeals, many men and women re- Mr. Speaker, this must change. The actions gained their rights taken away from them by HON. CHRISTOPHER H. SMITH against Karajcic, Panic, Curuvija and count- society. OF NEW JERSEY less other advocates of a democratic Serbia His zeal in tearing down the walls of injus- IN THE HOUSE OF REPRESENTATIVES must be condemned not with words alone. The United States must stop dealing with tice and erecting the walls of opportunity Thursday, March 11, 1999 began after he earned his law degree at Yale Milosevic directly. The United States must pro- Law School by working in Philadelphia as an Mr. SMITH of New Jersey. Mr. Speaker, as test his assault on innocent civilians when assistant district attorney. Six years later after we have debated today the issue of American they occur. The United States must encourage becoming a special deputy attorney general participation in any NATO peacekeeping effort democratic change in Serbia, and assist those for Pennsylvania, President John F. Kennedy in Kosovo, I urge my colleagues, regardless of who promote this change from within, the true named him to the Federal Trade Commission their views on that matter, to focus on what is Serbian patriots. (FTC). This appointment was notable in the happening in Serbia itself. Slobodan Milosevic, One way in which the Congress can help in fact that it made him the FTC's first black President of an unrecognized Yugoslav state this regard is to move quickly on the legisla- commissioner and its youngest as well. of which Serbia and Montenegro are part, is tion I have just introduced, H.R. 1064, the Ser- In 1977, after serving as a district court using Kosovo to perpetuate his regime, to rally bia and Montenegro Democracy Act of 1999. judge in Philadelphia from 1964 to 1977, Serbia's public opinion around him, and to This Act would ensure adequate attention is President Jimmy Carter appointed him judge label as ``traitors'' not only his opponents but paid to democratic forces in Serbia and Mon- of the U.S. Third-Circuit Court of Appeals anyone who thinks independently. tenegro by those allocating U.S. democratic where he served with distinction as judge, Last year, Milosevic imposed draconian assistance. The legislation has bipartisan sup- chief judge and senior judge until his retire- laws which curtailed the independence of jour- port. ment in March 1993. nalists to report news freely, and threatened Mr. Speaker, I am deeply concerned about Throughout the years, U.S. Chief Justice the academic community's ability to maintain developments in Serbia generally, and the in- Warren, Burger and Rehnquist appointed its intellectual integrity. In response, the Hel- cidents involving Helsinki Commission hearing Judge Higginbotham to various judicial con- sinki Commission which I chair, held a hearing witnesses in particular. As Chairman of the ferences. In addition, the Congressional Black appropriately entitled: ``The Milosevic Regime Commission, I am committed to making sure Caucus benefitted from his excellent legal Versus Serbian Democracy and Balkan Stabil- that the people in Serbia have the same rights mind in a series of voting rights cases brought ity.'' and freedoms which so many other Europeans before the U.S. Supreme Court. As an example of what is happening right enjoy and take for granted, the rights and free- Current South African President Nelson now in Serbia, I would note for the RECORD doms enshrined in the Helsinki Final Act and Mandela also called upon his knowledge and what has happened to three of the witnesses defined in subsequent OSCE documents. The wisdom during the country's historic 1994 na- at the hearing. suppression of these rights in Serbia is unac- tional elections where Judge Higginbotham On December 28, 1998Ðless than three ceptable, it ultimately will prove untenable, and served as an international mediator. weeks after the hearingÐBoris Karajcic, a it must change sooner rather than later, not Mr. Speaker, the aforementioned feats and leader in the university student movement only for the sake of the people in Serbia but accomplishments mark this important fact: ``Otpor'' (Resistance), was attacked and beat- all people in south-central Europe. CONGRESSIONAL RECORD — Extensions of Remarks E409 HONORING GENES THOMPSON support the United States gave to French sol- District. In honor of this important event, I am diers in the defense of their country during proclaiming March 12, 1999, as Latina History HON. EDOLPHUS TOWNS World War I.'' Day. OF NEW YORK Chancy Wheeler distinguished himself in the The Symposium serves to address a variety IN THE HOUSE OF REPRESENTATIVES struggle to ``make the world safe for democ- of issues important to Latinas of all ages. I am racy'' and served his country with honor. All of pleased that Latinas benefit from the work- Thursday, March 11, 1999 us in the Second Congressional District are shops on health, business opportunities, and Mr. TOWNS. Mr. Speaker, I want to recog- grateful for his service and commend him on cultural identity. This Symposium also includes nize the unique community service of Genes his recognition by the French Government. I Teen Track, which focuses on providing young Thompson. wish him health and happiness in the years to Latinas with workshops on leadership and on Genes, a native of Greenville, North Caro- come. establishing a path to success. lina, has lived in the East New York commu- f Since its founding in 1989, the HOPE Edu- nity for the past 20 years with her husband, cation and Leadership Fund has remained Dwight and their son, Anthony. As an East TRIBUTE TO WILLIAM ’’SONNY’’ dedicated to improving the educational, politi- New York resident, she has devoted a great RESSEL cal and economic status of Latinas. HOPE has deal of her time to helping the community to anchored itself by the principle that knowledge be a better place in which to live. For exam- HON. ANTHONY D. WEINER of the political process coupled with active ple, Genes has been a member of the 76th OF NEW YORK participation will guarantee a more representa- Precinct Community Council since 1980 where IN THE HOUSE OF REPRESENTATIVES tive, democratic government. her efforts and devotion has been instrumental The proclamation of Latina History Day dur- Thursday, March 11, 1999 in uplifting her community. ing ``Women's History Month'' memorializes The Metropolitan Jewish Geriatric Center Mr. WEINER. Mr. Speaker, I rise today to the important role Latinas play in American so- has employed Genes for the last 25 years as invite my colleagues to pay tribute to the ciety. Latinas are breaking glass ceilings and its Chief Switchboard Operator. She is also a memory of William (Sonny) Ressel. pioneering into areas our mothers never imag- shop delegate for Local 1199, 144 division for Sonny Ressel was neither a politician nor ined. Latinas own businesses, are executives the past 19 years. In addition to these daily re- someone who took on the responsibility of in our country's largest corporations, are being sponsibilities, she is an active member of Lib- helping others because of some ulterior mo- elected to public office and appointed to pow- erty Baptist Church where she serves on the tive. Despite working long hours, Sonny erful positions. We recognize the work and Pastor's Aid Committee as well as working Ressel always found time for his family and sacrifices of our mothers and grandmothers, with staff of Thomas Jefferson High school. the community that he loved. celebrate contemporary Latinas, and are build- Genes' civic activism includes membership in Before his untimely death on February 8th, ing the foundation for future generations. the Milford Street Block Association and work Sonny Ressel served as the Co-President of I commend the HOPE Education and Lead- as a volunteer with the political campaigns of the New Kensington Neighborhood Associa- ership Fund for their commitment to Latinas, Senator CHARLES SCHUMER and New York tion where he strove to improve his neighbor's and in their honor, proclaim March 12, 1999, State Comptroller Carl McCall. quality of life. as Latina History Day. I commend the achievements of Genes Sonny Ressel was a man of action who f Thompson, a true community activist, to the dedicated his life to helping others regardless attention of my colleagues. of who they were. Through his efforts, broken TRIBUTE TO KARNEY HODGE f streets and traffic lights in Kensington were quickly repaired. In response to a growth in HON. GEORGE RADANOVICH HONORING MR. CHANCY WHEELER the number of hearing impaired residents in OF CALIFORNIA OF WEST UNION, OH the community, Sonny secured the installation IN THE HOUSE OF REPRESENTATIVES of ``Deaf People Crossing'' signs alerting mo- Thursday, March 11, 1999 HON. ROB PORTMAN torists that some pedestrians would be unable OF OHIO to hear their horns. Mr. RADANOVICH. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES With his loving wife Ricki, Sonny Ressel today to pay tribute to Karney Hodge for his helped the old and the infirm of our commu- many years of service to the community. Mr. Thursday, March 11, 1999 nity. They did this by making people laugh and Hodge has been a dedicated public servant Mr. PORTMAN. Mr. Speaker, I rise today to reminding them that they were not forgotten. and successful businessman. pay special tribute to a distinguished resident Friends and admirers have likened Sonny Karney is an investment banker and vice of West Union. OH, in the Second Congres- Ressel to an angel who was put on earth to president of Salomon Smith Barney and has sional District, Mr. Chancy Wheeler. Mr. help others and to spread happiness. I can spent his life in service to the community, ini- Wheeler will turn 100 years old on June 5, think of no better tribute for a man who always tially as a volunteer. Hodge most recently and he is being honored by the Government rose to the challenge of helping meet the worked as a financier of projects aimed at im- of France for his military service in the First needs of others. proving the facilities that Fresno is able to World War. Sonny Ressel was an innovator and beacon offer to its residents. Mr. Wheeler was born in 1899 in Mount Oli- of good will to all those he came into contact Hodge was an avid baseball player in his vet, KY. He volunteered for the Kentucky Na- with. On behalf of myself and my constituents, college days at California State University, tional Guard, and then transferred into the I would like to extend my condolences to the Fresno. He seriously considered playing pro- United States Army in 1917. As a member of Ressel family on Sonny's untimely passing fessionally, but he eventually left college to the First Infantry Division, 28th Regiment, First and to thank them for allowing us to share in become a partner in the family clothing store, Machine Gun Brigade, he served in 1918 in the bright light that was his life. Hodge and Sons. He still played baseball and the Aisne-Marne offensive, the St. Michiel of- f got his first taste of public service from an avid fensive, and the Meuse-Argonne offensive. He fan. In the 1960's Mayor Selland of Fresno, was wounded twice in battle. For his actions, TRIBUTE TO HOPE EDUCATION appointed Hodge to the planning commission, he received the Silver Star medal on July 21, AND LEADERSHIP FUND sparking Karney's interest in public service. 1918. He also received a 75th Anniversary In 1982 Governor George Deukmejian was Commemorative Medal for World War I veter- HON. LUCILLE ROYBAL-ALLARD looking to involve members of the private sec- ans from the U.S. Army. OF CALIFORNIA tor in agencies like Retail Development and Mr. Wheeler will receive the French Legion IN THE HOUSE OF REPRESENTATIVES Planning. State Senator Ken Maddy surmised of Honor in a ceremony organized by VFW that Hodge's background in retail and long his- Post 3400 in West Union, OH, on March 12. Thursday, March 11, 1999 tory of community service made him a perfect In his letter conveying the Legion of Honor to Ms. ROYBAL-ALLARD. Mr. Speaker, on candidate for such a position. In 1983 Hodge Mr. Wheeler, French Ambassador Bujon de March 12, 1999, Hispanas Organized for Polit- and his wife Marilyn relocated to Sacramento l'Estang wrote: ``The Legion of Honor is con- ical Equality (HOPE) Education and Leader- and he embarked on his second career, Exec- ferred on you by the French government as a ship Fund's Eighth Annual Symposium, enti- utive Director of the California Housing Fi- sign of the high esteem my country has for tled ``A Proud Past . . . A Powerful Tomor- nance Agency. Karney built a structure for the you who personally contributed to the decisive row,'' will take place in the 33rd Congressional young agency by bringing in the best people. E410 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 1999 Under his leadership the agency became a lican budget proposal moves the country dra- If we are to salvage the Republican major- major provider of housing to residents of Cali- matically in the direction proposed by Mr. Ben- ity in both legislative bodies, we need a fornia and is considered one of the highlights ton. group of firebrands to step up and be count- Moreover, Mr. Benton's sentiments are rep- ed—and we need it now! Our history and our of Governor Deukmejian's term. Today Hodge soul is conservative principles. Being ‘‘nice is a vice president at Salomon Smith Barney. resentative of a great many Americans con- guys’’ is stupid and dangerous. I don’t mean Mr. Speaker, I rise today to pay tribute to cerned about the country's future. As such, I we shouldn’t have compassion for any who Karney Hodge on his remarkable service to hereby commend the remarks of Mr. Benton need a helping hand. But there are a mul- the community. Mr. Hodge has served well in to the House and urge my colleagues to con- titude of ways to help people than through both the public and private sector. I urge my sider these observations as we proceed in ac- government intervention and the sooner the complishing the nation's business in Con- ‘‘moderates’’ realize this fact, the better off colleagues to join me in thanking Karney all of our citizens will be. Hodge for a job well done and wishing him gress. Both parties have been corrupted by fore- many years of continued success. WILLIAM (BILL) M. BENTON, going their ideals. The Democrats have been f Fort Collins, CO, February 24, 1999. taken over by the liberal faction of their Hon. BOB SCHAFFER, party. My parents were rock ribbed anti- HONORING EMILIA CONOLLY Fourth Congressional District of Colorado, Roosevelt (both Franklin and Eleanor). They DEAR BOB: This problem of Republican were Democrats who recognized the dan- leadership in both the house and the senate gerous path that was starting to be followed HON. EDOLPHUS TOWNS has been weighing heavily on my mind since by the New Deal Democrats. Government OF NEW YORK we lost so much ground in the last national run pension a.k.a. Social Security that only IN THE HOUSE OF REPRESENTATIVES election. made our oldsters dependent on the Federal After a lot of thought, and praying about it octopus and our young workers drawn into Thursday, March 11, 1999 too, reading Cal Thomas, Thomas Sowell, one of the biggest Ponzi schemes of all time. Mr. TOWNS. Mr. Speaker, I rise to honor Tony Snow and listening to Rush Limbaugh And I remember my father saying that was (as well as other ‘‘conservative’’ talking only the tip of the governmental inter- the work of Emilia Conolly, a committed health heads), studying what conservative leading professional in the borough of Brooklyn. ference iceberg. In the twenties, my Dad was magazines and newspapers (damn few, but elected by the Trainmen’s Union to be one of Emilia is a native of Honduras who immi- available) have to say on this subject, I the board members of the Railroad Retire- grated to the United States over 20 years ago. think I’ve boiled this very complicated knot ment Fund. I remember full well how he She was educated in the New York City public down to—we’ve lost our soul in the party and mustered the members of that board to re- schools, including Ft. Hamilton High School, we are running scared because of it. sist the take over of their pension plan by where she received her high school diploma. Despite almost sixty years of a mass media the Social Security board. His faction won trying to convince the general populace that and that fund is one of the strongest pension Emilia began her nursing career as a student we ought to be ‘‘a kinder, gentler’’ nation as in Interfaith Medical Center's School of Nurs- plans in the world today. It is independently a whole and feeding them huge amounts of run on a solid actuarial basis and it hasn’t ing where she made the Dean's List, received liberal philosophy, we still, by and large, are loaned one damn dime to the Federal Gov- three honorary awards and ultimately grad- a culture deeply rooted in conservative prin- ernment to hide deficit spending! uated as a registered nurse. ciples. I.E, less government, minimum gov- Springboarding from that background, I As part of her professional growth and de- ernmental intrusion in our private affairs, switched from being a Democrat to a Repub- velopment, she joined the nursing department minimum government ‘‘hand-outs’’ (let the lican at about age twenty-five because I was churches handle the welfare needs), low tax- very uncomfortable with the direction of the at Brookdale University Medical Center. Pres- ing policies, States rights rather than Fed- ently, she specializes in nursing care of criti- Democratic Party. Just about as uncomfort- eral control, etc. etc. In other words, the able as I am today, at age sixty-seven, with cally ill newborns (the Neonatal Intensive Care backbone of what made The United States of the Republican Party’s inclination to forego Unit). In addition, Emilia serves as a nurse America a unique entity among all the gov- conservatism in favor of ‘‘getting along.’’ preceptor for new graduate nurses. She ernments of the world past and present. Now that I’m getting close to the end of strives to maintain and to develop her clinical In eight short years, Ronald Reagan’s ad- my life, I guess I shouldn’t be so passionate expertise by teaching neonatal resuscitation ministration started to get the Republican about these things. However, I have children party, with its ‘‘rock ribbed’’ conservative classes to both doctors and nurses. and grandchildren who deserve better from tack, back on the path that the majority of the Republican leadership than simply roll- Emilia is an active member of Interfaith's our peoples felt ‘‘worked’’ and were com- ing over and playing footsie with the Lib- Nurses Alumnae Association. As a member of fortable with. My feeling is the voters didn’t erals. the Mid-Brooklyn Civic Association, she helps give him a Republican majority to work with Now, Bob, I’m not about to go down shout- to organize and to participate in voter registra- is because the Republican leadership in both ing at the wind without offering a plan of ac- tion, fundraising and the selection of can- houses simply failed to lead! Robert Dole and tion. This is something I proposed in 1965, on didates for outstanding community service. his cohorts were on that appeasement road the editorial pages of the now-defunct Colo- even then. She has also been recognized for her strong rado Springs Free Press newspaper, and I But he had a Judas Goat within the folds of think it is viable today as a conservative negotiating abilities on behalf of nursing con- the administration by the name of George cause. Permanently ‘‘fix’’ the Old Age Re- tracts within the bargaining unit of Local 1199. ‘‘read my lips’’ Bush. Most of us didn’t recog- tirement System by taking it out of the Emilia is married to James Conolly and they nize this at the time and probably a lot of hands of the Feds per se. Much like the Rail- are the proud parents of two daughters, Taryn the leadership of our party will, even now, road Retirement plan, I fashioned and envi- and Thalia. deny this fact. But former president Bush’s sion a system that sets up a government As stated on one of her awards, Emilia has capitulation to appeasement with the Demo- sponsored board to make annual rec- cratic Majority was the beginning of the end demonstrated ``compassion, empathy and per- ommendations as to what financial institu- of the conservative movement in the country tions would be approved for investments. sonal interests'' in striving to make a dif- as it should be practiced! (Gospel according Coupled with this would be the requirement ference in the lives of others. Mr. Speaker, to Benton?) by each wage earner that they choose one of please join me in presenting the achievements The rhetoric that came out of the Feb- these financial houses and their payroll de- of Emilia Conolly to my colleagues. ruary 23rd meeting between the senate lead- ductions go to one of the approved money f ership and President Clinton turned my warehouses. In addition, they would be re- stomach! These guys are from the Neville quired to furnish a certificate of deposit to TRIBUTE TO BILL BENTON Chamberlain school! We know well that be reported annually with their IRS filing. ‘‘sleeping with the enemy’’ only gets you This way they controlled, to a certain ex- beat up and bloodied. tent, their own retirement fund but mon- HON. BOB SCHAFFER After forty plus years of ever-increasing itored by this governing board’s staff. There OF COLORADO Democratic liberalism, Republicans don’t would have to be provisions for disablement IN THE HOUSE OF REPRESENTATIVES know how to win! The House is better than problems, but this could be tied down very the Senate and because of the House’s ‘‘Con- stringently through the proper legislation. Thursday, March 11, 1999 tract With America,’’ that the Senate This way such a fund would be actuarially Mr. SCHAFFER. Mr. Speaker, among the promptly botched, it showed Republicans can sound, private enterprise would be fostered, most thoughtful constituents in the Colorado win if the conservative message is packaged and the sorry savings rate of our citizens correctly. The loss we suffered in November district I represent in Congress is Mr. Bill Ben- would be greatly improved. Plus, there would can be laid directly at the Republican Sen- be all manners of funds available to help ton of Fort Collins. ator’s doorstep. Unfortunately, because we businesses grow, mortgages funded, etc. If He recently composed a letter to me regard- blew it, the Coach got fired (or plain tired) done right, the Federal Government couldn’t ing the agenda of the House of Representa- and our fire left the field of fight. Put that lay their grimy mitts on a single dime—not tives. I'm grateful, Mr. Speaker, the Repub- House loss in the Senate’s column too. even in the form of taxation! CONGRESSIONAL RECORD — Extensions of Remarks E411 I do not wish to brag, and I’m not even Partnership Act of 1999 and I commend the safer, improve our economic security, and im- sure this can be proven, but an acquaintance distinguished gentlemen from the education prove the quality of life. of long ago, who was a professor at Colorado committee, Mr. GOODLING and Mr. CASTLE for Mr. Speaker, we know the right steps. Over College in the sixties and still a citizen of a the past four years, this Congress has South American country (I do not recall his bringing this important legislation to the floor name nor what land he came from), told me today. changed the direction of Federal Government about five or six years ago when we re-met This legislation will provide states and our from the endless burden of more taxes and that he’d sent my editorial to one of the local education officials with greater flexibility spending to the new fiscal discipline of bal- ministers in his country and it was barely in using federal education funds to support lo- ance and accountability. For the past decade possible this ‘‘model’’ fed into their social cally-designed, comprehensive school im- the genius of freedom and innovation has driv- security system. He claimed it was a very provement efforts. Currently only 12 states en American businesses through a quality and solid program and had helped make his coun- have this ability, but this bill would extend this productivity revolution. The result of this drive try financially strong. You have tons of reading material and I flexibility to all 50 states. Supported by many toward efficiency and accountability is an hope this three page treatise isn’t so long it groups such as the U.S. Chamber of Com- American economy which is the unparalleled will get just a cursory glance. Maybe you merce, the National School Boards Associa- envy of the world. The freedom and innovation can read it on the plane? tion, and the New York State United Teachers, of millions of Americans in private businesses Your friend and supporter, the expansion of the ed-flex program will give have brought incredible improvements to our BILL. states and local school districts, much needed quality of life, health care, education, and f regulatory relief to pursue education reforms, prosperity. Through the new emphasis on while maintaining a level of accountability. flexibility and innovation, State and local offi- TRIBUTE TO PAUL M. AUSTER To ensure that this program will not be cials have led the way to safer, cleaner and abused, the Secretary of Education must de- more prosperous places to live. We in Con- HON. BILL ARCHER termine that a state has an approved title I gress must be the allies of state and local OF TEXAS plan or has made substantial progress in de- government, American business and families IN THE HOUSE OF REPRESENTATIVES veloping and implementing state content through responsible management of the Na- Thursday, March 11, 1999 standards and assessments under the Ele- tion's regulatory programs to ensure quality in Mr. ARCHER. Mr. Speaker, this week marks mentary and Secondary Education Act of necessary regulation and even greater free- the culmination of a very successful career for 1965, in order to be eligible for ed-flex waiv- dom from unwise regulation. To do our jobs we must first understand the Paul M. Auster who for the past twenty-three ers. Moreover, states are required to develop impact of Federal regulatory programs on our years has served as Tax Counsel for the detailed improvement plans, specific to the economy and innovation. In addition to taxes, House Committee on Ways and Means. waiver authority requested, and must continue the Federal Government imposes tremendous A native of Brooklyn, New York, Paul se- to comply with basic federal requirements con- costs and restrictions on innovation on the pri- cured his law degree from the College of Wil- cerning civil rights and educational equity. vate sector, State and local governments and, liam and Mary in Virginia. Afterwards, he re- Ed-flex will reduce the federal demands on ultimately, the public through ever increasing ceived his Masters in Taxation from New York local school districts and will allow local offi- Federal regulations. Here too we must drive University and began public service in the cials the freedom to choose between what toward quality, efficiency and accountability. Chief Counsel's Office at the Internal Revenue works and what doesn't work for their specific Some estimates place the compliance costs Service. In 1976, Paul joined the Republican school system. This will in turn, help the fed- from Federal regulatory programs at more Staff of the Ways and Means Committee and eral government to see what federal regula- than $680 billion annually and project substan- became responsible for all areas of the Tax tions are not being used by local districts and tial growth even without new legislation. These Code relating to employee benefits, inter- allocate those funds to other programs that costs are often hidden in increased prices for national taxation and insurance. Anyone who the state and local officials deem necessary goods and services, loss of competitiveness in is familiar with these issues knows that Paul and useful. the global economy, lack of investment in job was the principal attorney dealing with some This program helps everyone. Local districts growth, and pressure on the ability of State of the most complicated provisions of the In- will have the flexibility to customize their and local governments to fund essential serv- ternal Revenue Code. schools to bring about maximum perform- ices, such as crime prevention and education. Throughout his years with the Ways and ances from their teachers and students, and More recently we have heard mayors decry Means Committee, Paul assisted Members the federal government will learn from the the effect that unwise Federal regulations and staff with a myriad of legislative initiatives local and state officials which programs work have on the problems of brownfields redevel- and helped draft legislative language for at and which programs need to be changed. opment and preventing reinvestment in our least a dozen major tax bills starting with the Once again I applaud the efforts of the Edu- urban areas. As a former mayor of Richmond 1976 Tax Reform Act and finishing with the cation Committee and I urge my fellow col- I am familiar with and very sympathetic to Taxpayer Relief Act of 1997. As the pension leagues to support the ed flex bill. these problems. and foreign tax rules grew increasingly more f Unlike the private sector, where freedom of complex, Paul's expertise and depth of knowl- H.R. 1074 THE REGULATORY RIGHT- contract and free market competition drive edge became crucial to sound tax policy. TO-KNOW ACT OF 1999 price and quality, Federal programs are only I know Paul's friends and coworkers join me accountable through the political process. in wishing him the very best. Paul has earned Over the past few decades both Congress and a fulfilling retirement marked with the satisfac- HON. TOM BLILEY the Executive Branch have driven growth in tion of a job well done. He will be truly missed OF VIRGINIA Federal regulatory programs, creating layer by those fortunate to have worked at this side. IN THE HOUSE OF REPRESENTATIVES upon layer of bureaucracy at great cost and Good Luck, Paul, and thank you. Thursday, March 11, 1999 often with diminishing returns for the American f Mr. BLILEY. Mr. Speaker, today I am intro- people. Congress and the Executive Branch EDUCATION FLEXIBILITY ducing H.R. 1074, the Regulatory Right-to- must take concrete steps to manage and re- PARTNERSHIP ACT OF 1999 Know Act of 1999. The Regulatory Right-to- form these programs. The Regulatory Right-to- Know Act is an important tool to understand Know Act is a fundamental building block for SPEECH OF the magnitude and impact of Federal regu- a smarter partnership in federal regulatory pro- HON. BENJAMIN A. GILMAN latory programs. The Act will provide all Amer- grams. The leadership we show or fail to show OF NEW YORK icans, including state and local officials, with will affect the quality of life for ourselves and IN THE HOUSE OF REPRESENTATIVES new tools to help them participate more fully our children. and improve our government. Better informa- Bipartisan organizations representing the Wednesday, March 10, 1999 tion and public input will help regulators en- Nation's governors, mayors, professional city The House in Committee of the Whole sure better, more accountable decisions and managers, county officials and others are House on the State of the Union had under promote greater confidence in the quality of unanimous in their support for the Regulatory consideration the bill (H.R. 800) to provide federal policy and regulatory decisions. Better Right-to-Know Act. Citizens for a Sound Econ- for education flexibility partnerships: decisions and updated programs will help omy, the National Federation of Independent Mr. GILMAN. Mr. Chairman, I rise today in Americans enhance innovation, improve the Businesses, the U.S. Chamber of Commerce, support of H.R. 800, the Education Flexibility quality of our environment, make our families the National Association of Manufacturers, and E412 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 1999 many others agree that the American tax- and a founder of Casa De Rosa Annual Golf that space is limited at Arlington, and it is nec- payers and consumers have the right-to-know Tournament, which he instituted to raise funds essary to follow strict guidelines regarding bur- the costs and benefits of federal regulations, for the Rancho de Los Ninos Orphanage in ial and memorialization, I cannot accept that and have endorsed the Regulatory Right-to- BajaMar, Mexico. an entitled veteran can be denied appropriate Know Act of 1999. As industrious as Mr. Ozuna was in busi- recognition simply because he has donated I would like to thank Mr. MCINTOSH, Mr. ness, he was equally involved sharing his his remains to further medical research. CONDIT, Mr. STENHOLM and others for their prosperity with many philanthropic activities in While our nation is blessed with many treas- leadership on this bill in the 104th, 105th, and his community. He was the sponsor of many ures, none is more cherished than the peace 106th Congresses. As evidenced by the origi- events in the Hispanic neighborhood where he we enjoy in our prosperous country. Arlington nal co-sponsorship list, the Regulatory Right- grew up, and he was a founding director in the National Cemetery has long been a sanctuary to-Know Act of 1999 has broad bipartisan sup- East Los Angeles Sheriff's Youth Athletic As- for remembrance to veterans who provided port. Senator THOMPSON and Senator BREAUX sociation, which promotes educational, athletic and safeguarded that peace. We should not have provided leadership in the Senate and and drug awareness programs for more than deny any eligible veteran that recognition sim- have, once again, introduced the analogue to 60,000 youths in the Los Angeles Metropolitan ply because they may choose to help others the Regulatory Right-to-Know Act. area. by donating their remains to medical study. The legislation changes no regulatory stand- Robert Ozuna is remembered by his em- With that said, Mr. Speaker, I submit this bill ard. It will, however, provide vital information ployees at New Bedford Panoramex Corpora- which seeks to modify current regulations to to Congress and the Executive branch so they tion as a handsome man who had a passion allow otherwise eligible veterans, who have may fulfill their obligation to ensure wise ex- for life. His concern for his employees and donated their bodies to science, to be memori- penditure of limited national economic re- their families along with his abundant generos- alized at the Columbarium in Arlington Na- sources and improve our regulatory system. ity to them was always present. tional Cemetery, not withstanding the absence Let's not forget that a tax or consumer dollar Robert Ozuna was married for 35 years to of their physical remains. I urge my colleagues spent on a wasteful program is a dollar that Rosemary, who passed away in November of to support this important legislation. cannot be spent on teachers, police officers or 1998. He is survived by his mother, Amelia f health care. If we are serious about openness, Ozuna; his sons, Steven Ozuna and Jeff the public's right to know, accountability, and Dominelli; his daughters, Nancy DeSilva and FATHER DRINAN’S VOICE FOR fulfilling our responsibility as managers, we will Lisa Jarrett; his sisters, Lillian Gomez and SANITY enact this important piece of legislation. Vera Venegas; and his brother Tony Ozuna. f He also leaves 8 grandchildren. HON. BARNEY FRANK A Memorial Service will be held on Friday, OF MASSACHUSETTS TRIBUTE TO ROBERT L. OZUNA March 12th at 12:00 noon, at St. Gregory's IN THE HOUSE OF REPRESENTATIVES Church, 13935 E. Telegraph Rd., Whittier, CA. Thursday, March 11, 1999 HON. GEORGE E. BROWN, JR. The burial will follow at Queen of Heaven OF CALIFORNIA Cemetery. Mr. FRANK of Massachusetts. Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, Robert Ozuna's life epitomized my predecessor in Congress, Father Robert Drinan, was during his very impressive tenure Thursday, March 11, 1999 much that is the American dream. He rose from economically humble roots to found and here an important spokesman for a sensible Mr. BROWN of California. Mr. Speaker, I head a well-respected electronics manufactur- reordering of our national spending priorities. rise today to pay a tribute to Robert L. Ozuna, ing firm, and he gave back to his community Since leaving Congress, Father Drinan, has who was Chief Executive Officer of New Bed- and to those around him, helping to create a continued to be a leader on issues of human ford Panoramex Corporation in Upland, Cali- better future for others through his life. Amer- rights and social justice, and his most recent fornia. Mr. Ozuna died Saturday, March 6, ica is a better place because of Robert Ozuna, article on national policy makes in a compel- 1999 at Queen of the Valley Hospital in West and he will be sorely missed. ling way the case against the proposed mili- Covina, California. He was 69. f tary budget increases President Clinton has Robert Ozuna was the oldest of four chil- unfortunately requested. Father Drinan sets dren born in Miami, Arizona to Mexican-Amer- LEGISLATION TO MEMORIALIZE this in the appropriate context and I believe ican parents. In 1940, after his father's early VETERANS WHO DONATE THEIR his reasoning is persuasive and his facts com- death, his family moved to East Los Angeles ORGANS pelling. As Father Drinan notes in this article where he grew up with his mother, brother in the National Catholic Report for January 22, and two sisters. Robert was required to seek HON. BOB GOODLATTE ``the world scene has changed, but neither the steady work at an early age to assist the fam- OF VIRGINIA White House nor the Pentagon seems to have ily financially. IN THE HOUSE OF REPRESENTATIVES heard the good news.'' I ask that this impor- Robert Ozuna emerged as one of the lead- tant statement be printed here. ing Mexican-American entrepreneurs in South- Thursday, March 11, 1999 THE MILITARY-INDUSTRIAL COMPLEX JUST ern California as Founder and President of Mr. GOODLATTE. Mr. Speaker, several MARCHES ON New Bedford Panoramex Corporation (NBP). months ago, I was contacted by one of my (By Robert F. Drinan) He gained his business experience on the job constituents, Mrs. Linnae Hedgebeth of When I read in early January that Presi- and he gained his engineering education by Salem, Virginia. She requested that my office dent Clinton had agreed to support the Pen- attending night school in the California com- intervene on a matter of great importance to tagon’s request for an increase of some $125 munity and junior college system. her family, and others across the country. billion over the next six years, I became cer- In 1966, Mr. Ozuna began to build his com- Mrs. Hedgebeth is the widow of Roger tain that the United States had failed to pany with a second mortgage on his resi- Hedgebeth, Sr., a decorated World War II vet- produce a new foreign policy for the world dence, a few electrician's hand tools, hard eran and a career civil servant. When Mr. after the Cold War. work, and entrepreneurial instincts into the Hedgebeth passed away in 1997, he re- All my anxieties and misgivings about U.S. thriving electronics manufacturing business it quested that his body be donated to assist in foreign policy in the six years of the Clinton administration coalesced into the conviction is today in Upland, California. NBP engages in medical research, and that his ashes be me- that the United States had lost an unprece- the design, development, and manufacturing morialized at Arlington National Cemetery. Fol- dented opportunity to fashion for the entire of electronic communication systems and re- lowing his wishes, his family donated his body world a policy that would relieve hunger, mote monitoring systems for its primary client, to science, but unfortunately were not able to promote democracy and bring stability to the United States Government. give this military hero the final recognition that troubled regions. Mr. Ozuna's hard work and dedication were he deserved at Arlington National Cemetery. Since the Warsaw Pact and world com- recognized through such honors as the U.S. As it stands now, due to various legal con- munism dissolved in 1990, the entire human Department of Transportation's Minority Busi- cerns, no ashes of individuals who donate family has been looking to the United States for moral leadership that could usher in a ness Enterprise Award for 1987 and again for their bodies to science are returned. And un- new era of peace. 1991. He received the Air Traffic Control As- fortunately, current regulations at Arlington Na- The military has not rethought its goals sociation Chairman's Citation of Merit Award tional Cemetery prohibit memorializing veter- since 1990. The one review the Pentagon con- in 1994. He was an active member of the Cali- ans in the Columbarium unless their remains ducted resulted in the questionable finding fornia Chamber of Commerce for various cities are actually inurned there. While I understand that the United States must be prepared to CONGRESSIONAL RECORD — Extensions of Remarks E413 wage two regional wars at the same time. since the administration and Congress usu- ice to the Brooklyn community of East New That theory has never been approved by Con- ally push such measures through as a matter York. A teacher for fifteen years, Ms. Sowell gress following hearings or evaluated in the of routine. has served her community as educator, lobby- crucible of public opinion. There is no sign of hope. Dale Bumpers, It is self-evident that the world has longtime arms control advocate, took office ist, and activist. changed radically since the disappearance of Jan. 4 as the new director of the Center for Known for her no nonsense approach to the Soviet Union. The nations of the world Defense Information. After 24 years as a solving problems, Ms. Sowell earned the re- do not need military jets or sophisticated ar- Democratic senator from Arkansas. Bumpers spect and admiration of members of the com- maments; they need the skill and resources now head up an organization composed of re- munity by helping to establish The Cleveland to promote economic stability and make tired high-ranking military officers devoted Street Block Association. In addition to com- adequate provision for health and education to developing a sensible military policy for munity development, Ms. Sowell is concerned for their people. the United States. about health issues in Brooklyn. Wearing her America could help make that happen. In- Widely regarded as a leader on arms con- stead, the White House chooses to invest the trol issues, Bumpers will carry forward the hat as community lobbyist, Ms. Sowell is pres- nation’s wealth in the largest boost in mili- center’s work seeking a sensible and bal- ently working with members of the New York tary spending since the heyday of the anced military policy. Bumpers opposed General Assembly to change state law to per- Reagan buildup. The Air Force will be able plans for an elaborate missile defense sys- mit HMO coverage of alternative forms of to buy more F–22 fighters, and Army can ac- tem, fought against the F–22 and supported medicine. quire new Comanche attack helicopters and procurement reform at the Pentagon. While serving as American Federation of the Navy will build new ships. The present dominance of the Pentagon Teachers School Delegate, Ms. Sowell was In so doing, the president may have headed and its arms merchants reminds one of the honored by her peers with the prestigious off a potentially dangerous issue in the race familiar but distressingly true observation of for the White House in the year 2000. Vice President Dwight Eisenhower in his farewell Very Special Arts Award and later the Impact President Gore will not have to face charges address of Jan. 17, 1961. The only U.S. general Award. She is affiliated with several organiza- of letting America’s guard down. But mean- to be president in the 20th century said: tions, including the NAACP, Democratic Na- while the opportunity to rethink the mili- ‘‘We must guard against the acquisition of tional Committee, New York Alliance of Black tary polices of the United States in a unwarranted influence, whether sought or School Educators, New York Coalition of postcommunist world is slipping away. unsought, by the military-industrial com- Black School Educators, Association of Ortho- For me, the concession of 1999 to the Pen- plex.’’ dox Jewish Teachers, and the New York Coa- tagon symbolize the failure of the White f House to engage Congress and the country in lition of 100 Black Women. Ms. Sowell is an active member of the a fundamental re-examination of what ONE YEAR ANNIVERSARY OF THE Christian Life Center in Brooklyn. Born in America should do as the human family STONEVILLE TORNADO struggles with feeding, sheltering and keep- Brooklyn, New York, Ms. Sowell was the ing all its members safe. fourth of five children from the union of her be- The White House has rejected all the HON. RICHARD BURR loved parents, Mildred and Clyburn Sowell. voices since 1990 that have been pressing for OF NORTH CAROLINA In closing, Mr. Speaker, I am pleased to new foreign policy priorities. Arms control IN THE HOUSE OF REPRESENTATIVES honor an unselfish, positive role model for the experts, activists and academics in the peace community and scores of religious organiza- Thursday, March 11, 1999 community, Ms. Valeria Sowell. tions feel spurned by Clinton as he agrees to Mr. BURR of North Carolina. Mr. Speaker, f go along with the Pentagon with business as on the afternoon of March 20, 1998, a tornado A BUDGET WORTHY OF OUR usual. ripped through the town of Stoneville, NC The Council for a Livable World and simi- NATION’S VETERANS lar organizations get regular assessments which is in my district. The people of this small from military experts of what the United town had no warning before the powerful HON. BOB FILNER States needs to deal with its current chal- winds of an F2 tornado ravaged the downtown OF CALIFORNIA lenges. Their estimate is nowhere close to area and touched the surrounding towns of the $260 billion available to the Pentagon Madison and Mayodan. IN THE HOUSE OF REPRESENTATIVES this year. The path of the tornado was 12 miles long Thursday, March 11, 1999 There certainly is no need for the entire and 100 to 400 yards wide. It claimed the lives Mr. FILNER. Mr. Speaker, I rise today to world to be spending $780 billion on arms this of 2 individuals while damaging or destroying year. speak about a travesty that happened in the The world scene has changed, but neither 500 to 600 homes and nearly all of the busi- House Committee on Veterans' Affairs just a the White House nor the Pentagon seems to nesses in the downtown area. few hours ago. As we all know, this committee Yet, after facing this devastating force of na- have heard the good news. The military is has had a long-standing tradition of bipartisan- ture, the people of Stoneville did not give up. still operating with 80 percent of its Cold ship, of working together, of advocacy for our War budget and much the same attitude. They pulled together with the aid of their nation's veterans. The military establishment in this country neighbors and have been rebuilding their is awesome. It includes 1,396,000 men and That all changed today. Unbelievably, on homes, their businesses and their lives over the eve of the bipartisan retreat in Hershey, women on active duty, 877,000 in the reserves the past 12 months. and 747,000 full-time civilians. Imagine the Pennsylvania, the Members of the majority on I was there the night of the tornado, and impact if only a fraction of this vast armada this committee decided not to allow a discus- from that time until now I have witnessed the joined the 7,000 Peace Corps volunteers serv- sion or a vote on an alternative budget that best in the human spirit as everyone has vol- ing the poor in useful ways. was derived from the Independent Budget for Supervision of the sprawling world of the unteered to help those in need. Fiscal Year 2000, a comprehensive policy Department of Defense seems to be beyond The buildings were destroyed, but not the document created by veterans for veterans even the Congress. There are 122 separate determination to survive. This is a true exam- and endorsed by over 50 veterans' service or- kinds of accounting used by the Department ple of American's working together for the ganizations. of Defense—so many that even the Penta- good of their fellow man. gon’s inspector general admits the need for As we are well aware, the Administration's I salute the people of Stoneville and all of reform. And although there is every indica- fiscal year 2000 budget for veterans is com- their neighbors who have volunteered for their tion that the country’s military needs are pletely unacceptable. Under this budget, the will to rebuild rather than to let their heritage shrinking, the Pentagon asked Congress for VA health care system is drastically under- 54 new slots for generals and admirals this be destroyed. I wish them the best and bright- funded and in danger of actual collapse. This year. est future which they surely deserve. budget for the GI Bill is far short of realistic It should also be remembered that the Pen- f tagon resisted and prevented America’s ac- needs and failing as a readjustment benefit ceptance of the international ban on land HONORING VALERIA SOWELL and as a recruitment incentive. Desperately mines whose advocates captured last year’s needed staffing increases included in this Nobel Peace Prize. The Pentagon blocked budget appear to be phonyÐlittle more than U.S. participation in the new International HON. EDOLPHUS TOWNS OF NEW YORK transparent shell games. The National Ceme- Criminal Court, a sort of permanent Nurem- tery System has been underfunded for years, berg Court, and it was the Pentagon that IN THE HOUSE OF REPRESENTATIVES and the money needed for the most basic re- spent $35 billion in 1998 monitoring and Thursday, March 11, 1999 maintaining some 12,500 nuclear warheads. pairs and upkeep is unavailable. These are Opportunities to protest the latest surge in Mr. TOWNS. Mr. Speaker, I rise to honor drastic problems and they demand serious, defense spending will probably be minimal, Ms. Valeria Sowell for her distinguished serv- substantial solutions! Veterans have been E414 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 1999 wronged by this budget, and it is the respon- TRIBUTE TO DR. MARLENE DAVIS most recent film, ``Patch Adams,'' Richard sibility of Congress to right that wrong. Kiley brought grace, dignity and intelligence to For many, many years, America's veterans HON. SANDER M. LEVIN all of his many roles. have been good soldiers. They have done OF MICHIGAN In recent years, we came to rely on Richard Kiley, not only for his advocacy of the National their duty and been conscientious, responsible IN THE HOUSE OF REPRESENTATIVES citizens. Every time the Veteran's Affairs Com- Endowment for the Arts and other programs to mittee was handed a reconciliation target, it Thursday, March 11, 1999 encourage artistic development, but also his met that target. Billions of veterans' dollars Mr. LEVIN. Mr. Speaker, I rise today to concern for the environment of his home town have been handed over in order to balance honor Dr. Marlene Davis, Superintendent of of Warwick. the budget and eliminate the deficit. Time and the Southfield Public Schools. Richard Kiley is perhaps best known as the time again, America's veterans answered their Dr. Davis recently was named the 1999 first actor to play the title role in ``Man of nation's call. The country needed their sup- Michigan School Superintendent of the Year. LaMancha'' for which he received the Tony port, and America's veterans gave all that they A native of Dearborn, Michigan, Dr. Davis has Award for ``the most distinguished perform- could give. an extensive educational background. She ance by a musical star'' as well as the Drama Well, the budget deficit has been eliminated. holds a Bachelors of Arts in Art History, from Critics Poll and the Drama League Award. He That battle has been won. I believe that this Michigan State University; a Masters of Arts in repeated the role in London Center, and on a year, it is time for America's veterans to come Guidance and Counseling, from the University record-breaking tour of the United States. first. We, as a nation, owe them that. of Michigan; a Masters of Science and a Ph.D. Born in Chicago, Richard began his career I listened closely to the testimony of the in Education Administration, from Purdue Uni- in radio as a soap opera juvenile in such vin- many veterans' service organizations as they versity. tage favorites as ``The Guiding Light'' and ``Ma have come to Washington to appear before Before coming to the Southfield Public Perkins.'' After three-and-a-half years in the the House and Senate Veterans' Affairs Com- Schools in 1991, Dr. Davis was the Super- Navy, his first significant employment was to mittees over the past few weeks. I carefully intendent of Novator Unified Schools and Fill- understudy Anthony Quinn in the touring com- studied the Independent Budget for Fiscal more Unified Schools, in California from 1985 pany of ``A Streetcar Named Desire'' and later Year 2000, which I mentioned earlier. I hear a to 1991. She was also a proud member of the take over the role of Stanley. He was first strong sense of urgency and frustration and United States Peace Corps for three years, seen on Broadway as Joey Percival in the even anger that I've never heard before. serving in Sierra Leone. successful revival of Shaw's ``Misalliance,'' for America's veterans are telling us that they Dr. Davis was named Michigan's 1999 Su- which he received the Theater World Award. have done more than their fair shareÐand perintendent of the Year because of her vision Richard's first musical role was the Caliph in now they expect us to be their advocates. and leadership as exemplified by her initiation ``Kismet'' in which he introduced the classic, As I read the Independent Budget, I was of the Southfield Public Schools strategic plan, haunting song, ``Stranger in Paradise,'' which struck by this powerful statement that I would designing the framework of the high school re- was one of the biggest hit songs of the like to share with you. The signers of the Inde- structuring plan and the implementation of var- 1950's. For a time he was in the enviable po- pendent Budget said, ``As the Administration ious diversity programs. sition of alternating straight plays with musi- and Congress develop budgets and policies Although she has dedicated the last 20 cals, following the Caliph and Major Cargill in for the new millennium, we urge them to look years of her life to make education a priority the Theater Guild's ``Time Limit.'' He co- up from their balance sheets and into the for the leaders of tomorrow, Dr. Davis is deep- starred with Gwen Verdon in ``Redhead,'' for faces of the men and women who risked their ly involved in the Southfield community as which he won his first Tony Award. The follow- lives to defend our country. We ask them to well. This includes serving on the Boards of ing season he was seen as Brig Andersen in consider the human consequences of inad- the following: Southfield Chamber of Com- ``Advise and Consent,'' the dramatization of equate budgets and benefit denials for those merce, the Southfield Community Foundation, Allen Drury's Pulitzer Prize-winning novel, who answered the call to military service.'' the Metro Detroit Bureau of School Studies, after which he co-starred with Diahann Carroll I took this to heart! Because, as I said ear- Gilda's Club and the Southfield Total Living in Richard Rodgers' ``No Strings.'' lier, the Administration budget of $43.6 billion Commission. Richard co-starred with Colleen Dewhurst in is completely unacceptable, we Democrats on Mr. Speaker, I ask my colleagues to join me the Spoleto Festival production of O'Neill's ``A the Veterans' Affairs Committee developed a in congratulating Dr. Marlene Davis as the re- Moon for the Misbegotten.'' He returned to proposal, based on this Independent Budget, cipient of this most prestigious award and Broadway as Caesar in ``Her First Roman,'' that would add $3.19 billion to the Administra- wishing her success as she continues to serve followed by the ``Incomparable Max,'' ``Voices'' tion proposal. the educational community. with Julie Harris, ``Absurd Person Singular,'' We came to the meeting today, hoping for f ``The Heiress,'' and ``Knickerbocker Holiday.'' a full discussion of the chairman's proposal He appeared at the Kennedy Center in ``The which added $1.9 billion to the Administra- A TRIBUTE TO RICHARD KILEY Master Builder'' and at the Edinburgh Festival tion's request, the Democratic alternative in an American poetry reading with Princess which added $3.19 billionÐand a vote on HON. BENJAMIN A. GILMAN Grace of Monaco. He played Tartuffe at Phila- which one to send to the Budget Committee. OF NEW YORK delphia's Drama Guild, Moliere in ``Spite of For I believe that it is our duty, as members IN THE HOUSE OF REPRESENTATIVES Himself'' at the Hartford Stage, and toured as of the Veterans' Affairs Committee, to send to Scrooge in a new musical version of ``A Thursday, March 11, 1999 the Budget Committee the very best ``views Christmas Carol.'' He was last seen on Broad- and estimates'' on the VA budget that we can. Mr. GILMAN. Mr. Speaker, it is with deep way in the revival of Arthur Miller's ``All My In a democratic society, it is our right to be regret that I report to our colleagues the pass- Sons'' for which he received a Tony nomina- able to express ourselves, to debate and dis- ing this past weekend of one of the outstand- tion. cuss various alternatives, and to vote! ing actors in American show businessÐan in- His television career began during the medi- The chairman's recommendation could have dividual for whom respect was universal. um's ``Golden Age'' and continued until his gained more votes than the Democratic alter- Richard Kiley was one of the most re- death with regular guest appearances on native proposal, but we will never know. Be- spected members of his craft because he many popular shows. He received both the cause a vote was not permitted. Not to allow brought sincerity and professionalism to every- Emmy and Golden Globe Awards for his per- a full discussion of the needs of veterans and thing he did. Richard Kiley was not only a gift- formances in ``The Thorn Birds,'' as the lead the best way to meet those needsÐthis is ed actor, but a great humanitarian, whose star in the series ``A Day In The Life,'' and as simply outrageous. These are the needs of friendship spanned nearly a half century. Kathy Baker's father on the acclaimed series, our veterans that we are talking about! Let us Richard was one of the few people in show ``Picket Fences.'' hope that the travesty that occurred this after- business who had the reputation of lending Richard Kiley's motion picture career began noon in the Veterans' Affairs Committee will class to every project he had undertaken. with his spellbinding, standout performance in not be repeated for a very long time. From originating the starring role in ``Man of the classic 1955 film, ``The Blackboard Jun- As the Independent Budget asks of us, I ask LaMancha'' to providing the voice over of thirty gle.'' Other notable performances include his my colleagues to remember the faces of the years of ``National Geographic'' documen- roles in ``Eight Iron Men,'' ``The Phoenix City men and women who sacrified so much as we taries, and from his Emmy-winning role as star Story,'' ``The Little Prince,'' and ``Looking for develop a budget worthy of our nation's veter- of ``A Day In The Life'' to his guest appear- Mr. Goodbar,'' in which he appeared as Diane ans. ances on various other programs, and his Keaton's father. Richard also appeared in CONGRESSIONAL RECORD — Extensions of Remarks E415 ``Endless Love,'' and his last film, the box of- now. If your car was ever in an accident, the cent. Non-CAPA imitation parts make up fice and critical smash, ``Patch Adams.'' Rich- repair shop may have installed cheap the remaining 15 percent. CAPA loons large ard Kiley possessed one of the most melodi- initation parts, perhaps without your even in the industry because it’s the only organi- knowing it. zation that sets quality standards for imita- ous and thus frequently heard voices in show Crash parts are a big business. Each year, tion replacement parts. Although its overall business. He narrated numerous television U.S. drivers have an estimated 35 million market share is small, CAPA is growing. programs throughout the years, including thirty automobile accidents costing some $9 billion The debate over quality should heat up years of ``National Geographic'' specials, in crash parts. The most frequently replaced this summer as a $10.4 billion class-action ``Mysteries of the Bible,'' ``Nova,'' and ``The parts are bumpers and fenders. lawsuit, Snider vs. State Farm, goes to trial Planet Earth.'' Not all imitation parts are bad. Various in Marion, Ill. The suit accuses State Farm Unlike many successful show business per- brand-name replacement batteries, filters, of pressing shops and policyholders to use sonalities, Richard Kiley did not divorce him- spark plugs, and shock absorbers can provide imitation parts that aren’t equal in quality to OEM parts. That’s ‘‘a breach of their self from his community, but remained an ac- quality along with competitive pricing. Some body-part copies are OK, too, but oth- promise to resote the vehicle to pre-loss con- tivist who his neighbors in Warwick, NY, knew ers are junk. dition, says Thomas Thrash, an attorney for they could count upon for assistance with Several consumer groups have supported the plaintiffs. community concerns, most especially in pro- imitation crash parts, and for good reason: State Farm firmly denies this. ‘‘We believe tecting the local environment. These parts provide competition, forcing these [non OEM] parts are of the same qual- Richard devoted time and energy to a num- automakers to reduce prices. That’s good for ity as the manufacturer parts,’’ says spokes- ber of charitable concerns, and has never consumers—but only if quality doesn’t suf- man Dave Hurst. Insurers haven’t always looked kindly on been known to turn his back on any worthy fer. Unfortunately, the quality of imitation crash parts can vary widely. non-OEM crash parts. In the early 1980s, cause or individual in need of help. State Farm’s periodic repair reinspections Richard Kiley was truly a man for all sea- Many collision repairers complain that initation parts generally don’t have the revealed that many repair shops were charg- sons and all generations. same fit and quality as OEM parts. ‘‘Ap- ing for OEM parts but installing cheaper imi- We extend our condolences to Richard's proximately 75 percent of the time, you have tations and pocketing the difference. widow Pat, and to his six children: Kathleen, to make modifications or tweak the sheet ‘‘The shops were making a very long dol- Erin, Dierdre, David, Michael, and Dorothy. metal to make aftermarket body parts fit,’’ lar,’’ says Stan Rodman, director of the Richard also leaves behind 12 grandchildren says Phillip Bradshaw, owner of Bradshaw Automotive Body Parts Association, which and one great-grandchild. Collision Centers in Madison, Tenn. ‘‘And represents manufacturers and distributors of imitation parts—and which was briefly the Richard Kiley was a person who could serve even then, it’s often impossible to get the alignment and fit right.’’ predecessor of CAPA. ‘‘They were getting a as a role model not only to aspiring actors and non-OEM fender for 90 bucks that the insur- actresses, but to all young people who aspire In an effort to assure the quality of initation body parts, the insurance industry ance company was paying them $400 for.’’ to success in their professions and as good established the nonprofit Certified Auto- By the mid-’80s, however, insurers began citizens. Richard Kiley is an individual whose mobile Parts Association in 1987. To date, recommending imitation parts. Their repair shoes will be difficult to fill, and who will long CAPA’s certification program covers a small estimates assured policyholders that the be missed. percentage of imitation body parts. parts were as good as OEM parts. The plaintiffs in the State Farm suit allege Because of the controversy over the price f that the insurer knew better. In June and and quality of collision-repair parts, we de- August 1986, for example, State Farm con- CHEAP CAR PARTS CAN COST YOU cided to conduct our own tests on fenders sultant Franklin Schoonover warned the and bumpers to learn about their quality A BUNDLE company’s research department that a sam- firsthand. All the non-OEM fenders that Con- pling of imitation crash parts tested earlier sumer Reports tested were CAPA-certified. that year by the Detroit Testing Laboratory HON. EDOLPHUS TOWNS (CAPA doesn’t certify bumpers.) represented a ‘‘major risk for consumer OF NEW YORK We also investigated the claims and coun- usage when compared to the GM OEM IN THE HOUSE OF REPRESENTATIVES terclaims about the benefits of aftermarket parts.’’ Thursday, March 11, 1999 parts. Our tests and investigation uncovered The lab found that some of the imitation two key findings: Mr. TOWNS. Mr. Speaker, I would like to parts weren’t as strong, were more likely to Most auto insurers endorse imitation parts have problems with cracking and peeling bring to my colleagues' attention the attached because they can be 20 percent to 65 percent article, ``Cheap Car Parts Can Cost You a paint, and showed weight differences, indi- less expensive than OEM. But the companies cating a wide variation in quality control. Bundle'', from Consumer Reports which ap- we surveyed provided no evidence that those In 1987, Ford sued Keystone Automative In- peared in its February 1999 issue. savings are being passed on to policyholders. dustries, the largest distributor of non-OEM The imitation bumpers and fenders we CHEAP CAR PARTS CAN COST YOU A BUNDLE body parts in the U.S., for using the phrase tested were inferior to OEM parts. The One January morning last year, Daniel ‘‘like kind and quality’’ to compare its imi- bumpers fit badly and gave poor low-speed tation parts with OEM parts. In 1992, a U.S. Della Rova was passing another car at about crash protection. Most of the fenders also fit 55 mph on Route 222 near Kutztown, Pa. Sud- District Court ruling found that Keystone’s worse than OEM fenders, and they rusted claims were ‘‘false’’ and ‘‘made with the de- denly the hood of his 1988 Honda Accord flew more quickly when scratched to bare metal. up, fractured the windshield, and wrapped liberate intention of misleading the public.’’ THE PRICE VS. QUALITY DEBATE itself around the roof. Unable to see ahead, In a $1.8 million settlement, Keystone agreed Della Rova gripped the wheel tightly and Some insurers acknowledge there’s a qual- to allow Ford to state in its advertising, managed to steer to the side of the road. ity problem. That’s why the Interinsurance ‘‘Crash parts from Keystone do not meet ‘‘Luckily,’’ he says, ‘‘I didn’t hit anything.’’ Exchange of the Automobile Club of South- Ford OEM quality.’’ ‘‘We should not have made those state- But the insurance company declared the car ern California uses only OEM metal body ments,’’ says Charles Hogarty, president and a total loss. parts. ‘‘We have found significant problems According to Charlie Barone, a vehicle in the quality and specifications of non-OEM CEO of Keystone, which now uses the term damage appraiser in Malverne, Pa., who has sheet metal,’’ says spokeswoman Carol ‘‘functionally equivalent’’ to describe its examined the car, the cause of the mishap Thorp. products. Hogarty says the description is was what collision repairers disparagingly Raleigh Floyd, an Allstate spokesman, ‘‘probably loose enough to mean whatever call offshore ‘‘tin’’—a cheap imitation hood says that his company uses OEM parts—and you want it to mean . . . it’s not identical made by a Taiwan manufacturer. It’s one of initation parts ‘‘whose quality has been cer- and there may be some minor, we’d say in- many, mostly Asian-made imitations of tified’’ by CAPA. But our tests of some significant, differences.’’ automakers’ OEM (original equipment man- CAPA-certified fenders indicate that the THE CONSUMER CONNECTION ufacture) parts. CAPA seal of approval is no guarantee of After it was established in 1987, CAPA Barone, an outspoken critic of imitation quality comparable with that of an OEM compiled a manual that spells out quality parts, says they’re cheaper than OEM for a part. (The CAPA seal was affixed to the hood controls, test procedures, and other steps re- reason: ‘‘They’re inferior to original manu- on Della Rova’s Honda.) quired for manfuacturers to get its seal. facturer parts.’’ Also, some consumers may not know what In 1988, CAPA added consumer advocate He adds that the previous owner of Della kind of parts they’re getting. They may sim- Clarence M. Ditlow to its nine-member Rova’s Honda, who had damaged the original ply assume their car will be restored to its board. Ditlow is executive director of the hood in a minor accident, probably paid $100 precrash condition. Center for Auto Safety, a nonprofit watch- less for the imitation hood than the $225 the Besides fenders and hoods, CAPA certifies dog group founded in 1970. (He is also on the Honda OEM part would have cost. But the other sheet-metal and plastic parts. In the board of directors of Consumers Union, Pub- real cost could have been catastrophic. crash parts market, CAPA parts account for lisher of Consumer Reports. The center re- An auto-repair problem similar to Della 3 percent or less of the units sold. OEM parts ceived funding from CU during its early Rova’s may be parked in your driveway right account for 72 percent; salvage parts, 10 per- years.) E416 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 1999 In 1989, CAPA hired Jack Gillis as its been decertified just days earlier, and that Two of the Ford OEM fenders matched up esecutive director. Gillis is also director of he himself decertified the hood on the spot.) nicely, while the third didn’t fit as well, By public affairs for the Consumer Federation of At another CIC demonstration in Dallas last contrast, we found fit problems with all six America and the author of a long list of con- December, all the CAPA and non-CAPA sub- CAPA fenders for the Ford. Some would re- sumer-oriented books. stitute parts fit well. quire widening the holes or using shims. The Ditlow says that CAPA parts are better Of 160 repairs shops surveyed last year by worst didn’t match the contour of the car quality than non-CAPA imitation parts ‘‘by Frost & Sullivan, an independent inter- and would require significant reworking. viture of the fact that you set a standard.’’ national marketing-consulting firm in All three Honda OEM fenders fit well. But when asked, neither he nor Gillis pro- Mountain View, Calif., 89 percent said that it Three of the CAPA fenders for the Honda vided compelling evidence to support that takes about two hours longer to install an also fit well, but the other three had prob- claim. imitation part, costing $60 to $90 extra in lems similar to those for the Ford. Gillis also says that CAPA parts are of labor. We then had a repair shop install one OEM feeder and two CAPA fenders on each car, al- ‘‘like kind and quality’’ to OEM parts. But HOW CAPA TESTS CAPA’s quality-standards manual requires lowing the professionals to work the metal CAPA uses Entela Laboratories, an inde- as they ordinarily would to make it fit. The only ‘‘functionally equivalent’’ parts. Such a pendent test lab in Grand Rapids, Mich., to careful choice of words is significant: A Sat- shop found problems similar to the ones we verify adherence to its standards. Entela has found with the CAPA fenders. After working urn may be functionally equivalent to a industry-standard equipment and the capa- BMW, but the two are hardly equal. for an extra 30 to 60 minutes, the shop judged bility for testing materials. the resulting fit acceptable, though not as A twice-a-year survey of 500 repair shops Reports provided by Entela detail various done for the auto industry by Industrial good as that of the OEM fenders. side-by-side tests of materials in parts being Rust resistance. To simulate what rocks, Marketing Research of Clarendon Hills, Ill., considered for CAPA certification and their does suggest that CAPA parts are better vandals, or a shopping cart might do in the OEM counterparts. Entela reports for the real world, we scratched a grid down to bare than non-CAPA and that the quality of all Honda and Ford fenders we evaluated include imitation parts is improving. But according metal on four primed but unpainted fend- material thickness, chemical composition, ers—two OEM and two CAPA-certified. We to the same study, only one-third of repair tensile strength, and corrosion resistance. shops termed CAPA parts an acceptable sub- then hired a lab to put them through a cyclic The imitation part must be within certain 168-hour salt-spray fog test, in accordance stitute for OEM parts. Two-thirds judged the limits of the OEM part in order to be granted quality of CAPA parts ‘‘somewhat worse’’ or with industry test standards. Both CAPA certification. fenders showed heavy red rust by the end of ‘‘much worse’’ than OEM parts. The other half of the certification process In the IMR study, repairers also indicated the test. The Ford OEM fender showed only is inspection of fit, done at the factory. The moderate white corrosion; the Honda OEM that customers came back twice as often Entela fender reports we read list measure- with complaints about imitation parts, and fender, nearly none. ments of gaps, flushness with mating parts, The superior performance of the OEM fend- that shops often must absorb the cost of and size and location of holes and slots. Each ers (and the telltale white corrosion) re- extra labor. report gives the range of dimensions that the sulted from galvanization, in which a zinc Last March, the Automotive Service Asso- CAPA part must fall within. ciation (ASA), representing more than 12,500 coating is bonded to the steel. When the The Ford and Honda fenders like those we paint and primer are scratched, the zinc pro- repair shops, withdrew its support of CAPA evaluated appeared to have fallen within because ‘‘CAPA has failed in its mission’’ tects the steel by sacrificing itself, oxidizing CAPA limits in the reports, and they were into a white residue less damaging than rust. and hasn’t assured imitation crash parts certified. We did find inconsistencies in the that are equal in quality and consistency to Most OEM parts are galvanized on both number of holes and slots among the same sides. The CAPA parts we tested aren’t gal- OEM. CAPA-certified part made by different manu- ‘‘ASA is no friend of the consumer,’’ says vanized. facturers. CAPA’s corrosion test is different from Ditlow. ‘‘These are people who have an agen- There may be two reasons for the poor fit ours. Entela engineers scratch an ‘‘X’’ in the da, and that agenda is higher repair costs.’’ of CAPA parts that repair shops complain primer and then expose the fender to a 500- But CAPA board member Clark Plucinski, about. One is ‘‘reverse engineering’’—where hour salt-spray test. The parts get CAPA ap- who oversees a network of 30 repair shops, manufacturers make copies of OEM parts. proval even when the X-ed area rusts, since says that ASA has grown frustrated with the Although Gillis didn’t acknowledge problems the test is designed to evaluate the primer slowness of CAPA’s progress, despite the fact of fit with CAPA parts, he blames OEM parts rather than the metal beneath. CAPA re- that CAPA is improving the quality of all for being inconsistent. gards the results as problematic only if the imitation parts. But Greg Marshall, Entela’s research and rust spreads, making the primer blister or Gillis says that CAPA has an ‘‘aggressive’’ development manager, says the OEM parts flake 3 mm beyond the ‘‘X,’’ or if 10 percent program to solicit complaints from repair variations are perhaps 0.060 inch. Even when of the entire fender shows red rust. shops, but that last year it received only magnified by the copying process, that Gillis says galvanization is ‘‘not much of a 1,055 complaint forms on some 2.3 million shouldn’t account for the fit problems we value added because today’s automotive CAPA parts used. However, Plucinski says found in CAPA fenders. paint processes are quite good.’’ But Bruce that hands-on collision-repair people are The second problem is that CAPA sheet- Craig, a fellow of the National Association of more likely to chew out the parts supplier metal parts are tested for fit on a jig rather Corrosion Engineers and author of the Amer- than to fill out a complaint form. than on a car. Gillis says CAPA is changing ican Society of Metallurgists’ Handbook of ONE SIZE FITS NONE its standards to require that each part be de- Corrosion Data, says, ‘‘It’s kind of a slam Collision repairers we talked to almost signed and fit-tested to its intended vehicle dunk that galvanized is better. I’m perplexed universally complained that too many imita- as of April. If implemented, that should im- why there would be a controversy.’’ tion parts, whether CAPA-certified or not, prove fit. But Gillis says that the require- That’s a reason the Interinsurance Ex- leave noticeable gaps and don’t always ment will be only for newly certified parts. change of the Automobile Club of Southern match the car’s contours. They ‘‘fit like a Parts already certified aren’t affected by California won’t use imitation body parts: sock on a rooster’s foot,’’ says a Scottsdale, this change unless CAPA receives at least ‘‘You get bubbling, paint flaking off, pre- Ariz., collision repairer who fixes almost 200 five complaints about the part in one year. mature rusting,’’ says Gil Palmer, assistant cars each month. Repair-shop owner Dalton, a CAPA adviser group manager for physical damage claims. ‘‘Fifty to 70 percent of the time the darn and a former member of its technical com- Gillis told us that CAPA would begin re- things don’t fit,’’ says John Loftus, execu- mittee who has visited plants in Asia, raises quiring all sheet-metal parts manufactured tive director of the 8,000-member Society of another issue. He says that CAPA isn’t able starting January 1 to be galvanized to earn Collision Repair Specialists, a trade associa- to exercise sufficient control over quality certification. That should be a major step to- tion. ‘‘because they don’t buy or sell the parts, ward equality with OEM parts. Meanwhile, Jerry Dalton, owner of the Craftsman Auto and CAPA is a voluntary program.’’ distributors will continue to sell Body chain in Virginia, says, ‘‘I like the idea To assess the claims and counter-claims of ungalvanized CAPA parts that are already in of alternate parts other than OEM to keep the controversy, we installed a sampling of the sales pipeline. pricing in line, and we try to use them as replacement fenders and bumpers on cars Strength. We found the CAPA fenders com- often as we can. But we still have to return and simulated several real-world challenges. parable with OEM in one respect: Our tests a large percentage of them.’’ CR’S TEST RESULTS: FENDERS for tensile strength uncovered no significant In a demonstration in Colorado Springs, Our engineers mounted three OEM and six differences between CAPA and OEM fenders. Colo., last October by the Collision Industry CAPA left fenders on each of two popular CR’S TEST RESULTS: BUMPERS Conference (CIC), a repair-shop education cars, a 1993 Honda Accord and a 1993 Ford CAPA doesn’t certify bumpers. A repair and training group, a CAPA hood and fender Taurus. (Our shoppers, who bought the fend- shop under our engineers’ supervision in- and a non-CAPA imitation headlight assem- ers in the New York area and in California, stalled a total of 4 OEM and 17 imitation bly didn’t fit properly on an undamaged 1994 couldn’t find non-CAPA fenders for these bumpers, bought in the New York area and Toyota Camry, though a non-CAPA parking cars.) Without making the extensive modi- in California, on our Honda Accord and Ford light and grille did fit. (Gillis, who was at fications a professional shop might have to Taurus. We saw startling deficiencies in the the demonstration, says that the fender had carry out, we judged their appearance. imitations. CONGRESSIONAL RECORD — Extensions of Remarks E417 How they fit. All the OEM bumpers fit The Hartford said it doesn’t recommend employees, it was second only to the Depart- nicely. But none of the imitations did, even imitations for safety-related parts but does ment of Defense in the number of staff provid- after we redrilled or widened their holes as allow them for noncritical applications. And ing service to our citizens. needed. All left large gaps or uneven sur- Travelers Insurance doesn’t recommend imi- At the urging of both Congress and many faces. tations for cars less than two years old or veterans' service organizations, the current How they protect. Our hydraulic bumper- with less than 20,000 miles. basher simulated the thumps that might The Interinsurance Exchange of the Auto- President endorsed the idea that the time had occur, say, in a parking lot—at 5 mph head- mobile Club of Southern California, which come for the VA to become a part of the Cabi- on, 5 mph offset, and 3 mph on the right cor- writes policies only in Arizona, California, net. It was time to give our nation's veterans ner. That’s our standard test for new cars. New Mexico, and Texas, calls for imitation their seat at this highest table of government. The OEM bumpers suffered only minor parts only for nonmental trim items like Elevating the Department of Veterans Af- damage. Even so, repairing the scuffs and in- bumper covers and moldings. fairs to Cabinet level status provided the De- dentation on the Ford bumper would cost INSURERS AND CONSUMERS partment the opportunity to have greater na- $235, and replacing the Honda’s scuffed bumper cover and underlying brackets would Many of the insurers maintain that imita- tional impact for veterans in the fields of cost $576. Those are pricey scuffs, but at tion parts keep premiums down, but none health care, education, housing, and insur- least the OEM bumpers protected the cars provided hard data to prove it. ance. It was a move that cost virtually nothing CAPA and auto insurers have spent the themselves from damage. in that era of tight budgets, yet gave veterans In our 25 years of bashing hundreds of new- last decade promoting imitation parts as a prominent voice in the issues that dominate purely pro-consumer. By breaking the auto- car bumpers, we’ve seen few perform as mis- the national agenda. erably as the imitations. Twelve of the 17 makers’ ‘‘strangle-hold monopoly’’ over crash parts, says one recent release from the I congratulate the Department of Veterans sustained so much damage in the first bash Affairs on a decade of growth in service to our that we couldn’t test them any further. Alliance of American Insurers, auto insurers One imitation bumper shattered and al- protect consumers from high parts prices nation's veterans, the dedicated men and lowed our basher to damage the Ford’s head- and high insurance premiums. women who accepted the challenge to protect light mounting panel, radiator support, and ‘‘There is absolutely no question the insur- their country, many of which gave the ultimate air-conditioner condenser. Repairs, using ance industry is on the side of the angels on sacrifice for our freedom and liberty. I further OEM parts, were estimated at $1,350. Another this issue,’’ says Gillis. encourage the Secretary of the Department of But there is a question. imitation bumper allowed our basher to Veterans Affairs and his staff to continue to damage the Honda’s radiator, air-conditioner Buying imitation parts simply diverts money from the pockets of one big indus- take full advantage of the opportunity that condenser, radiator-support tie bar, and cen- Cabinet-level status provides to advocate on ter lock support. Repairs, using OEM parts, try—automobile manufacturing—to the were estimated at $1,797. pockets of another big industry—auto insur- behalf of these brave men and women. ance. The insurers won’t earn their wings f LIMITED CHOICES until they demonstrate that a fair share of Most insurance adjusters don’t clearly dis- the money they save ends up in the pockets REFORESTATION TAX ACT OF 1999 close that you’re getting imitation parts of of consumers. potentially lesser quality. (‘‘Like kind and And CAPA, whose executive director often HON. JENNIFER DUNN quality’’ or ‘‘LKQ’’ on the paperwork is a accuses automakers and repair shops of hav- OF WASHINGTON cryptic giveaway.) Some repair shops com- ing a financial interest in promoting OEM plain that they must follow the insurer’s parts, has its own financial interests. Half of IN THE HOUSE OF REPRESENTATIVES ‘‘recommendation’’ or risk losing customers its $3.9 million budget comes from insurance Thursday, March 11, 1999 from ‘‘direct repair programs’’—the auto- companies (the other half comes from the Ms. DUNN. Mr. Speaker, I am introducing motive equivalent of managed health care sale of CAPA seals to parts manufacturers). that most auto insurers use to cut costs. And six of the nine CAPA board members are today the Reforestation Tax Act of 1999 along The Automotive Service Association says insurance-industry executives. with 16 of my colleagues who are deeply con- that 33 states require repair shops to disclose The Center for Auto Safety—whose execu- cerned about the future of our forest products the use of imitation parts to consumers. Six tive director, Clarence Ditlow, is a CAPA companies. With the global marketplace be- others—Arkansas, Indiana, Oregon, Rhode board member and a staunch advocate of coming more competitive, we must take posi- Island, West Virginia, and Wyoming—also re- CAPA parts—also receives funding from the tive steps to remove barriers to our compa- quire the consumer’s written consent. insurance industry, though to a much lesser But disclosure and consent are meaning- nies' ability to compete abroad. In the case of extent. In 1998, State Farm and Allstate con- forest products, one of the largest impedi- less if insurers promise higher quality than tributed some $50,000 to CAS, accrding to they deliver. The lawsuit against State Farm Ditlow. (He says that amounts to only five ments to success is our nation's tax code. argues that the insurer did not restore dam- percent of annual revenues. He also says that Beginning with changes brought about by aged vehicles to pre-loss condition as prom- CAS’ insurance funding has steadily de- the Tax Reform Act of 1986, America has ised. creased since the mid-1970s.) been struggling to competitively produce tim- Don Barrett, an attorney for the plaintiffs, Where’s the consumer in all this? For now, ber in a global market. Despite a tax system says that cars repaired with ‘‘2/55 fenders’’— stuck in a bind between automakers that that gives U.S. forest products companies one an appraisers’ disparaging term for fenders charge high prices for factory body parts and identifiable as imitations ‘‘from two miles of the highest effective tax rates in the world, auto insurers that push less-expensive parts they have been one of the most visionary sec- away at 55 mph’’—reduce appraised value by of questionable quality. Until things change, at least 10 percent. car owners—including used-car buyers who tors in helping to expand trade into new mar- John Donley, president of the Independent may inherit the inferior crash parts—are kets. During the recent negotiations over sec- Automotive Damage Appraisers Association being ill served. toral liberalization in the Asia Pacific Economic and a CAPA proponent, says that it’s poor fit Cooperative forum, forest products companies and poor corrosion resistance, not the mere f fact that a part is an imitation, that hurts worked closely with Congress and the Admin- appraised value. Either way, that could be a CELEBRATING THE 10TH ANNIVER- istration to try to develop a long-term agree- problem not only at resale time but possibly SARY OF VA’S CABINET DES- ment to benefit American workers. Unfortu- at the end of a lease. IGNATION nately, this process has not come to fruition Industrial Marketing Research found that due to disagreements among competing na- insurers call for imitation parts 59 percent of HON. BOB FILNER tions, something common when we solely rely the time. We surveyed 19 of the nation’s larg- on multilateral trade agreements to increase est private auto insurers, who wrote 68 per- OF CALIFORNIA our competitiveness. It is time to focus on cent of the $115 billion in policies in 1997, and IN THE HOUSE OF REPRESENTATIVES what we can do unilaterally: adjust our tax asked if they require or recommend imita- Thursday, March 11, 1999 tion body parts for covered repairs. Nine code so that our companies are not disadvan- didn’t respond (American Family, California Mr. FILNER. Mr. Speaker, I rise today to taged in the global marketplace. State Auto Assn., CNA, GEICO, GMAC, Met- recognize Monday, March 15th as the 10th The Reforestation Tax Act recognizes the ropolitan, Progressive, Prudential, and anniversary of the Department of Veterans Af- unique nature of timber and the overwhelming Safeco). Of the ten that did, Allstate, Erie, fairs (VA) as a Cabinet-level position. risks that accompany investment in the indus- Farmers, State Farm, and USAA said they Because by 1988, VA had become the larg- try. It will reduce the capital gains paid on tim- recommend but didn’t require imitation est independent agency in government, ber for individuals and corporations by 3 per- parts. Allstate says that if a customer insists on thought was given to its recognition as a cent each year up to 50 percent. Because this OEM parts, it will pick up the bill. Erie, member of the President's Cabinet. reduction would apply to all companies, we State Farm, and Travelers make the cus- Serving a population of 27.5 million veterans minimize the current inequity whereby neigh- tomer pay the difference. with a budget of $28.3 billion, with 245,000 boring tracks of the same timber are taxed at E418 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 1999 different rates simply because of the business tive games might never be broken. His lifetime the nations benchmark acute care hospitals form of their investment. For timber compa- batting average of .325 and his 361 career is published annually by Mercer and HCIA nies, the capital gain on these forest products home runs remain impressive numbers even Inc., a data processing company based in Baltimore. can be enormous. In some regions, tree farm- when we have new heroes such as Mark The study considers three separate cat- ers must wait more than 50 years from the McGwire and Sammy Sosa. He led his Yan- egories including financial management, op- planting of a relatively worthless seedling to kee to nine World Series titles and was the erations and clinical practice. Each category the harvest of a mature tree. No other industry American League's Most Valuable Player is then broken down into smaller compo- faces the extreme risks from wind, fire, and three times. As our Nation turns its lonely nents and evaluated. disease in protecting their asset over such an eyes once more toward this hero, let us learn The elements considered under clinical expansive period of time so they can realize a from his life and his example of heroism. In practices include mortality rates of com- profit. the words of the Negro League Legend Buck plications during treatment. The informa- tion is published to show legitimate health In addition, the Reforestation Tax Act re- O'Neil, ``I don't cry for Joe. I cry for the people care data about patients and health care fa- wards those environmentally-conscious com- who never got to see him play.'' cilities to measure performance. panies that choose to use their dollars for re- f This is a study that is in its sixth year of forestation of their lands. By extending tax identifying the top management teams and credits for all reforestation expanses, and MILLS-PENINSULA HOSPITAL HON- best run facilities in the country. The longer shortening the amortization period for reforest- ORED FOR OUTSTANDING CARE the publication studies industry trends, the ation costs, Congress encourages and assists AND PERFORMANCE more established and prestigious its list be- those companies that are making a conscious comes. People throughout the country are concerned and interested in the performance effort to operate in an ecologically-sound man- HON. TOM LANTOS of their community hospitals and this rating ner. OF CALIFORNIA hospital care. The Reforestation Tax Act represents the IN THE HOUSE OF REPRESENTATIVES In an interview with this newspaper, Mills- best of tax, global competitiveness, and envi- Thursday, March 11, 1999 Peninsula CEO Robert Merwin explained the ronmental policy. I urge my colleagues to sup- price pressures Peninsula is under, to main- port this important initiative. Mr. LANTOS. Mr. Speaker, it is my distinct tain services at the hospital. Merwin ex- f privilege today to recognize the Mills-Penin- plained that the business community, Medi- sula Hospital, which is located in my congres- care and the costs of managed care, put pres- IN MEMORY OF JOSEPH PAUL sional district. In an annual study, ``100 Top sure on all hospitals throughout the country, DIMAGGIO Hospitals: Benchmarks for Success,'' Mills-Pe- so maintaining standards of excellence was a ninsula was named one of the top hospitals major challenge. for 1998 in the United States. The study was We are happy to see that Peninsula has HON. KAREN McCARTHY met that challenge and among the thousands OF MISSOURI conducted by HCIA, a health care information of hospitals throughout the nation, been company based in Baltimore, and William M. IN THE HOUSE OF REPRESENTATIVES rated one of the best. That makes us proud of Mercer, a New York-based human resources Peninsula and of the management and staff Thursday, March 11, 1999 management consulting firm. Nine measures at the hospital who have carried the ball of Ms. MCCARTHY of Missouri. Ms. Speaker, of clinical, operational, and financial perform- excellence in recent years while the health I rise today to honor the memory of the great- ance were used in the study to determine ac- care industry has been in radical change. We know what happens when change comes est baseball player who ever lived. Joe curately the best hospitals. Mills-Peninsula is a not-for-profit health to an industry, when economic pressures for DiMaggio was my hero and a hero to our Na- change bring so many disruptions to the way tion. I am saddened by his passing, and I ex- service organization, and it has managed to a hospital does business. We commend the tend my heartfelt sympathy to his friends and improve and maintain existing services, de- folks at Peninsula for not letting these family. The Yankee Clipper personified dignity spite battling extreme difficulties associated changes disrupt the quality of health care and greatness. He understood the importance with the costs of managed care. By combining they provide to the community. This rating of having both guts and grace, and he took his the highest quality care with the most cost-effi- is welcome news, especially in light of the responsibility as a national figure seriously. cient operation, Mills-Peninsula has increased fact that a decision must be made soon to DiMaggio and dignity are synonyms. Mr. the standard of medical care and quality of life spend millions of dollars either retrofitting in the Bay Area. We are truly honored to have peninsula or rearing it down to build a new DiMaggio viewed his position as an example facility. to the young people of America and was al- such an outstanding hospital located in our We don’t know which decision the powers ways careful about the impression he made. area. to be will make but we do know that Penin- He never lost control in public and was always Managed health care has sought to improve sula is a very special hospital facility that is conscious of his reputation and responsibility. cost reductions and to streamline operations. valued by everyone in the community. The He played every game as if it were the last The standards of excellence in health care rating only bears out the fact that its man- game of the World Series, so someone seeing management are becoming ever higher. Mills- agement and staff have been outstanding in face of unbelievable stress in the industry. him for the first time would not be dis- Peninsula has thrived in this challenging at- mosphere and continued to deliver a high We congratulate the people, all of them, that appointed. made this rating possible and look forward The people of my district in Kansas City, level of care, and at the same time shown an to the continuation of an evaluation that MO, were fortunate enough to see Mr. ability to respond to change. places Peninsula among the top 100 hospitals DiMaggio play in an exhibition game against Mr. Speaker, the recognition of Mills-Penin- in the nation. sula Hospital has only confirmed the high the Kansas City Blues. A Yankee teammate f and Kansas City resident Hank Bauer said of value which residents of my district already DiMaggio, ``He was the most outstanding cen- place on the hospital's services. I offer my INTRODUCTION OF THE WATER ter fielder I have seen.'' He taught America deepest and warmest congratulation to those POLLUTION CONTROL AND ESTU- what it means to embrace excellence and individuals that have contributed to the suc- ARY RESTORATION ACT strive for greatness without seeking acclaim. I cess of Mills-Peninsula Hospital. and others of my generation are in public Mr. Speaker, I ask that the editorial praising HON. JOSEPH CROWLEY Mills-Peninsula Hospital from The Independent service today because of role models like Joe OF NEW YORK be placed in the RECORD. DiMaggio. IN THE HOUSE OF REPRESENTATIVES Joe DiMaggio served as an inspiration to PENINSULA HOSPITAL AMONG TOP 100 Thursday, March 11, 1999 my generation. Simon and Garfunkel memori- Bravo to Peninsula Hospital for being alized his leadership in their song Mrs. Robin- named among the top 100 performing hos- Mr. CROWLEY. Mr. Speaker, I rise in strong son. The lyrics, ``Where have you gone Joe pitals in the nation by the consulting firm of support of the Water Pollution Control and Es- DiMaggio? Our Nation turns its lonely eyes to William M. Mercer Inc., of New York, NY, tuary Restoration Act being re-introduced you,'' express dismay at the absence of he- the honor is one that should reassure resi- today by the gentlelady from New York, Mrs. dents in the area that they have one of the roes like the Yankee Clipper to lead our Na- LOWEY, and gentlelady from Connecticut, Ms. top hospitals in the country taking care of tion to peace and prosperity. their health needs. DELAURO. I compliment and applaud my col- The number five will always hold a special The study, naming Peninsula Hospital, was leagues for their untiring efforts on behalf of place in the hearts of Yankee fans every- published in the December issue of Modern our Nation's valuable fresh and estuarine where. His record of safe hits in 56 consecu- Health care magazine. This assessment of water bodies. CONGRESSIONAL RECORD — Extensions of Remarks E419 Mr. Speaker, the protection of America's weekly newspaper regarding AFS activities INTRODUCTION OF THE MEDICARE lakes, rivers, streams, and near coastal waters and events. For 15 years, Ellen acted as liai- FULL ACCESS TO CANCER should indeed be one of our top concerns as son between the Imperial Valley chapter and TREATMENT ACT a Nation, and I am proud and honored to be AFS international. an original cosponsor of this important piece During the past three decades, Quentin and of legislation. The DeLauro-Lowey bill is a rea- Ellen Burke have served as hosts for foreign HON. GENE GREEN sonable, straightforward measure that seeks students, worked with local families to open OF TEXAS to build upon past successes under the Clean their homes and encouraged American stu- Water Act (CWA). This measure will continue dents to travel abroad for the opportunity and IN THE HOUSE OF REPRESENTATIVES and strengthen several progressive programs experience to learn about other lands and cul- Thursday, March 11, 1999 to protect and enhance water bodies through- tures. I firmly believe that through their efforts out our country, and I urge my colleagues to with AFS, Mr. and Mrs. Burke have made a Mr. GREEN of Texas. Mr. Speaker, today I support this common sense and cost effective contribution to promoting peace through the am introducing the Medicare Full Access to means of cleaning-up and protecting our water global exchange of ideas, the sharing of cus- Cancer Treatment Act. This bill is critical to resources. toms and the collaboration of knowledge. On protect the Medicare beneficiary's access to The DeLauro-Lowey bill will ensure that the March 21, friends and family will gather in El the newest and best treatments for cancer. existing State Revolving Loan Fund (SRF) Centro to honor this generous and caring cou- The BBA of 1997 directed HCFA to imple- program continues to be adequately funded to ple. I would like to join with these individuals provide the financial wherewithal for States ment a prospective payment system (PPS) for in honoring Mr. and Mrs. Burke for all their re- hospital outpatient services provided through and municipalities to maintain and upgrade markable achievements and wishing them their wastewater treatment facilities to protect the Medicare program. When Congress great happiness and success in all their future passed this requirement, we recognized that America's water bodies. This program has endeavors. achieved tremendous success in the past and some services would be difficult or impossible to include in a PPS and therefore authorized clearly deserves to be maintained and en- f hanced. HCFA to use its discretion to exclude certain While fresh water is important for life itself, TRIBUTE TO BEN ALEXANDER services from the payment system. Unfortu- and clean lakes and rivers provide a multitude nately, under their proposed rule, HCFA would of recreational benefits to society, the vitality bundle the costs of all cancer drugs into a of our estuaries is also of great importance. HON. SCOTT McINNIS small number of Ambulatory Payment Cat- Estuaries, near coastal waters, play a dual egories (APCs) and pay hospitals only for the function of protecting coastal lands as well as OF COLORADO average cost of these services. serving as the all important nursery grounds IN THE HOUSE OF REPRESENTATIVES The main problem with this proposal is that for most marine species. Of course, these wa- Thursday, March 11, 1999 it fails to recognize the complexities of cancer ters also provide many important recreational treatments and the wide range and individual activities. Mr. MCINNIS. Mr. Speaker, I wanted to take needs of each patient with cancer. As a result, The Congresswomen's legislation will serve this opportunity to recognize former state Sen- the new payment system could threaten the to strengthen the U.S. Environmental Protec- ator Ben Alexander who, for the last four quality and availability of cancer treatment for tion Agency's existing National Estuary Pro- years, has provided strong leadership and a Medicare beneficiaries. In fact, under HCFA's gram (NEP) that is widely regarded as a dynamic voice for Western Colorado in the plan, the lowest reimbursement rate for some model for watershed-based pollution control. Colorado General Assembly. In doing so, I cancer treatments would be only $52.70 In addition, the legislation will clarify EPA's re- would like to pay tribute to my friend for his (which is expected to include supportive care sponsibility to assist States in developing and distinguished service and wish him well in all such as anti-nausea drugs)! Moreover, under implementing their estuary management plans. of his future endeavors. the proposal, new drugs, which are defined as Mr. Speaker, as the Representative of the anything after 1996, would be reimbursed at 7th Congressional District of New York, which Following his election to the state Senate in this lowest rate. Such a policy would have a includes a substantial portion of the Long Is- 1994, Senator Alexander rose through the crippling effect on research and development land Sound coastline, and a Member of the rank and file with unprecedented speed serv- for new drug therapies. House Committee on Resources, I can think ing as Vice-chairman of the Senate Finance of few efforts more important to our environ- Committee in his first year in the legislature. In This policy will create an overall reduction in ment. I intend to work closely with Congress- just his third year, Senator Alexander was the quality of patient care since hospitals will woman LOWEY and Congresswoman DELAURO named Chairman of the powerful Senate Edu- be pressured to provide the least expensive, to ensure we enact this vital measure into law cation Committee where he would play a lead- rather than the most effective treatment. More- early on in the 106th Congress. ing role in shaping Colorado's education policy over, research and development for new drug f for the next two years. In addition to his duties therapies may be diminished or delayed, ulti- as chairman, Senator Alexander also provided mately denying the patients of today and TRIBUTE TO QUENTIN AND ELLEN powerful leadership on the Senate's Finance those of future generations access to more ef- BURKE and Business Affairs and Labor committees. fective treatments. In addition to his service in the Colorado To correct this problem, the Medicare Full HON. DUNCAN HUNTER legislature, Senator Alexander also served his Access to Cancer Treatment Act would carve- OF CALIFORNIA country distinguishedly and with great valor as out cancer treatment from the outpatient PPS. IN THE HOUSE OF REPRESENTATIVES an F±111 pilot for the Air Force during the This simple yet sensible action would fully pro- Thursday, March 11, 1999 Vietnam War. Senator Alexander's remarkable tect Medicare beneficiaries' continued access bravery during his 69 air combat missions to the best and most effective cancer care. Mr. HUNTER. Mr. Speaker, I rise today to earned him the Distinguished Flying Cross recognize the outstanding service and dedica- and Air Medal with three Oak Leaf Clusters as I am pleased to introduce this legislation tion of two of my constituents, Quentin and well as the respect and gratitude of those fa- with over twenty bipartisan original cosponsors Ellen Burke of Imperial County. It is my under- miliar with his extraordinary sacrifices. as well as the support of several patient and standing that Mr. and Mrs. Burke will be retir- provider organizations, including Center for ing after working for 34 years with the Amer- Senator Alexander's eagerness to serve the Patient Advocacy, National Alliance of Breast ican Field Service (AFS), the international stu- American people, both as a pilot and legisla- Cancer Organizations, Cancer Care, Inc., dent exchange program. tor, has won him the unwavering esteem and Cancer Research Foundation of America, On- Mr. and Mrs. Burke, who were publishers of admiration of friends and colleagues alike. It is cology Nursing Society, Association of Com- the Holtville Tribune for 25 years, began their clear that Colorado is a better place because munity Cancer Centers, Lymphoma Research dedicated service to AFS in 1964 when they of his remarkable service. Foundation of America, Alliance for Lung Can- interviewed a visiting student, Helen Keel, It is with this, Mr. Speaker, that I pay tribute cer Advocacy, Support and Education, Lupus from Switzerland and became excited about to this true public servant and friend for his ex- Foundation of America, US±TOO International the program. Soon thereafter, they began to traordinary efforts and wish him all the best in and the Multiple Myeloma Research Founda- regularly print articles and photographs in their each of his future endeavors. tion. E420 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 1999 CONSUMER PROTECTION will maintain its ability to remove products programs via satellite as presented by their LEGISLATION from the marketplace under an expedited nearest network affiliate. This market-gen- process if they determine the product causes erated technology will remove a major stum- HON. RON PAUL an ``imminent danger.'' bling block to negotiations that should cur- OF TEXAS Allowing American consumers access to in- rently be taking place between network pro- IN THE HOUSE OF REPRESENTATIVES formation about the benefits of foods and die- gram owners and satellite service providers. tary supplements will help America's consum- Mr. Speaker, these two bills take a step to- Thursday, March 11, 1999 ers improve their health. However, this bill is ward restoring the right of free speech in the Mr. PAUL. Mr. Speaker, I rise to introduce about more than physical health, it is about marketplace and restoring the American con- my Consumer Protection PackageÐconsisting freedom. The first amendment forbids Con- sumer's control over the means by which they of two pieces of legislation which will benefit gress from abridging freedom of all speech, in- cast their ``dollar votes.'' In a free society, the consumers by repealing federal regulations. cluding commercial speech. federal government must not be allowed to The first piece of legislation, the Consumer My second bill, the Television Consumer prevent people from receiving information ena- Health Free Speech Act, stops the Food and Freedom Act, repeals federal regulations bling them to make informed decisions about Drug Administration (FDA) from interfering which interfere with a consumers ability to whether or not to use dietary supplements or with consumers' access to truthful information avail themselves of desired television pro- eat certain foods. The federal government about foods and dietary supplements in order gramming. For the last several weeks, con- should also not interfere with a consumer's to make informed choices about their health. gressional offices have been flooded with calls ability to purchase services such as satellite or The second bill, the Television Consumer from rural satellite TV customers who are cable television on the free market. I, there- Freedom Act, repeals federal regulations upset because their satellite service providers fore, urge my colleagues to take a step toward which interfere with a consumers ability to have informed them that they will lose access restoring freedom by cosponsoring my Con- avail themselves of desired television pro- to certain network television programs. sumer Protection Package: the Consumer gramming. In an attempt to protect the rights of network Health Free Speech Act and the Television The Consumer Health Free Speech Act ac- program creators and affiliate local stations, a Consumer Freedom Act. complishes its goal by making two simple federal court in Florida properly granted an in- f changes in the Food and Drug Act. First, it junction to prevent the satellite service indus- adds the six words ``other than foods, includ- try from making certain programming available ‘‘AUDIOLOGIST’’ FOR MEDICAID ing dietary supplements'' to the statutory defi- to its customers. This is programming for nition of ``drug,'' thus allowing food and dietary which the satellite service providers had not HON. ED WHITFIELD supplement producers to provide consumers secured from the program creator-owners the OF KENTUCKY with more information regarding the health right to rebroadcast. At the root of this prob- IN THE HOUSE OF REPRESENTATIVES benefits of their products, without having to go lem, of course, is that we have a so-called Thursday, March 11, 1999 through the time-consuming and costly proc- marketplace fraught with interventionism at ess of getting FDA approval. This bill does not every level. Cable companies have historically Mr. WHITFIELD. Mr. Speaker, today I am affect the FDA's jurisdiction over those who been granted franchises of monopoly privilege introducing a bill with my good friend from make false claims about their products. at the local level. Government has previously Ohio, Mr. SHERROD BROWN, that would estab- Scientific research in nutrition over the past intervened to invalidate ``exclusive dealings'' lish a Medicaid definition of ``audiologist'' used few years has demonstrated how various contracts between private parties, namely for Medicare reimbursement. Congress up- foods and other dietary supplements are safe cable service providers and program creators, dated the definition of ``audiologist'' for Medi- and effective in preventing or mitigating many and have most recently assumed the role of care reimbursement in 1994, but the same up- diseases. Currently, however, disclosure of price setter. The Library of Congress, if you date has not yet occurred for Medicaid. The these well-documented statements triggers can imagine, has been delegated the power to definition used by Medicare, and which I am more extensive drug-like FDA regulation. The determine prices at which program suppliers proposing to be used for Medicaid purposes, result is consumers cannot learn about simple must make their programs available to cable relies primarily on state licensure or registra- and inexpensive ways to improve their health. and satellite programming service providers. tion as the mechanism for identifying audiol- Just last year, the FDA dragged manufactur- It is, of course, within the constitutionally ogists who are qualified to participate in the ers of Cholestin, a dietary supplement contain- enumerated powers of Congress to ``promote program. ing lovastatin, which is helpful in lowering cho- the Progress of Science and useful Arts by se- Currently, under Health Care Financing Ad- lesterol, into court. The FDA did not dispute curing for limited Times to Authors and Inven- ministration (HCFA) regulations, the Medicaid the benefits of Cholestin, rather the FDA at- tors the exclusive Right to their respective program uses a definition of ``audiologist'' that tempted to deny consumers access to this Writings and Discoveries.'' However, operating is nearly thirty years old and relies upon cer- helpful product simply because the manufac- a clearing-house for the subsequent transfer tification from third party organizations. turers did not submit Cholestin to the FDA's of such property rights in the name of setting HCFA's Medicaid definition has not kept pace drug approval process! a just price or ``instilling competition'' via ``cen- with the significant changes that have oc- The FDA's treatment of the manufacturers tral planning'' seems not to be an economi- curred in audiology credentialing over the last of Cholestin is not an isolated example of how cally prudent nor justifiable action under this three decades. The current definition also current FDA policy harms consumers. Even enumerated power. This process is one best does not reflect the critical role that state li- though coronary heart disease is the nation's reserved to the competitive marketplace. censure/registration now plays in assuring the number-one killer, the FDA waited nine years Government's attempt to set the just price quality of audiology services. State licensure/ until it allowed consumers to learn about how for satellite programming outside the market registration statutes currently exist in 49 of the consumption of foods and dietary supplements mechanism is inherently impossible. This has 50 states. containing soluble fiber from the husk of psyl- resulted in competition among service provid- Today, there are approximately 28 million lium seeds can reduce the risk of coronary ers for government privilege rather than con- Americans with some degree of hearing loss. heart disease! The Consumer Health Free sumer-benefits inherent to the genuine free While this number will grow along with the Speech Act ends this breakfast table censor- market. Currently, while federal regulation aging of the Baby Boomers, hearing loss is ship. does leave satellite programming service pro- not exclusively an ``older'' person's problem. A The bill's second provision prevents the viders free to bypass the governmental royalty recent article in the Washington Post entitled FDA's arbitrary removal of a product from the distribution scheme and negotiate directly with ``Hearing Loss Touches A Younger Genera- marketplace, absent finding a dietary supple- owners of programming for program rights, tion'' points out that more and more Ameri- ment ``presents a significant and unreasonable there is a federal prohibition on satellite serv- cans are suffering from various degrees of risk of illness or injury.'' Current law allows the ice providers making local network affiliate's hearing loss at a younger age. The article re- FDA to remove a supplement if it prevents a programs available to nearby satellite sub- fers to a Journal of the American Medical As- ``significant or unreasonable'' risk of disease. scribers. This bill repeals that federal prohibi- sociation study which found that nearly 15% of This standard has allowed the FDA to easily tion and allows satellite service providers to children ages 6 to 19 who were tested showed remove a targeted herb or dietary supplement more freely negotiate with program owners for some hearing deficit in either low or high fre- since every food, herb, or dietary supplement programming desired by satellite service sub- quencies. Audiologists are specifically trained contains some risk to at least a few sensitive scribers. Technology is now available by and licensed to provide a broad range of diag- or allergic persons. Under this bill, the FDA which viewers will be able to view network nostic and rehabilitative services to persons CONGRESSIONAL RECORD — Extensions of Remarks E421 with hearing loss and related disorders (e.g. it solves all of our problems, but because it student achievement. But we cannot reduce vestibular/balance disorders). represents a substantive bipartisan effort to class size without considering the condition The legislation would not expand or change begin addressing the many difficulties which and lack of space in school facilities. These the scope of practice for an audiologist, or plague our local school systems. I am pleased issues go hand-in-hand. This is why I feel Ed- alter the important relationship that exists be- that we are getting an early start in meeting Flex should not have been considered now, tween audiologists and Ear, Nose and Throat our obligations to America's students, and I but rather considered along with ESEA and physicians. There would be no new benefits or look forward to confronting these crucial edu- school construction. services under this legislation. The bill I am in- cation issues as the 106th Congress contin- I strongly support bipartisan efforts to troducing today, while technical in nature, ues. strengthen our school systems and help our would help establish uniform professional f students. I look forward to working with my qualifications for audiologists, and a more reli- colleagues on school construction legislation able standard for the more than 28 million EDUCATION FLEXIBILITY and on reauthorizing the Elementary and Sec- people with a hearing loss who may use PARTNERSHIP ACT OF 1999 ondary Education Act. It is with regret that I audiological services. had to vote against the first education bill on SPEECH OF f the floor of the House in the 106th Congress HON. JOSEPH CROWLEY and I thank you for allowing me the oppor- EDUCATION FLEXIBILITY OF NEW YORK tunity to outline my reasons for my opposition PARTNERSHIP ACT OF 1999 to H.R. 800. IN THE HOUSE OF REPRESENTATIVES f SPEECH OF Wednesday, March 10, 1999 HONORING REVEREND DR. H.M. HON. DAVID D. PHELPS The House in Committee of the Whole CRENSHAW OF ILLINOIS House on the State of the Union had under consideration the bill (H.R. 800) to provide IN THE HOUSE OF REPRESENTATIVES for education flexibility partnerships: HON. MARCY KAPTUR Wednesday, March 10, 1999 OF OHIO Mr. CROWLEY. Mr. Chairman, I take this IN THE HOUSE OF REPRESENTATIVES The House in Committee of the Whole time to state for the record my reasons for vot- House on the State of the Union had under ing against H.R. 800 the Ed-Flex bill. Thursday, March 11, 1999 consideration the bill (H.R. 800) to provide Mr. Chairman, I am not opposed to the idea Ms. KAPTUR. Mr. Speaker, I rise today to for education flexibility partnerships: of flexibility in education. I laud my colleagues recognize the work and achievements of a Mr. PHELPS. Mr. Chairman, I rise today to for their desire to work on the education shepherd to our entire community, Reverend express my strong support for H.R. 800, the issues facing our country. Ed-Flex has the po- Dr. H.M. Crenshaw, a spiritual leader of enor- Education Flexibility Partnership Act, of which tential to be a workable program that provides mous dimension. Reverend Crenshaw's 30 I am proud to be a co-sponsor. I have made states and local school districts with the flexi- years of personal ministry to the Jerusalem the improvement of our nation's public edu- bility to improve academic achievements and Missionary Baptist Church congregation is to cation system one of my top priorities as a the quality of education for their students. be recognized in a special celebration in To- legislator, and I believe that the Ed-Flex bill However, I believe that we need to protect ledo, OH on March 13, 1999. represents an important step towards the ful- those students who come from families in After his ordination as a minister in 1952, fillment of this goal. This legislation should not need. The intent of Congress, through Title I Reverend Crenshaw pastored in the First Bap- be viewed as a solution to the myriad prob- of the Elementary and Secondary School Act, tist Church of Rossford, Ohio from 1953 until lems which plague our schools, but I whole- was to target funds toward low-income stu- 1958. He then went on to First Baptist Church heartedly support it and hope that the valuable dents, in order to help them have a chance at in Fostoria, OH, and during his decade-long debate it generates will catalyze our continued success in life. I could not vote for Ed-Flex un- tenure there he led the congregation in the efforts on critical education issues. less I was sure that students from low-income building of a new church as well as the pur- H.R. 800 extends to all 50 states the oppor- families are not going to lose their funds chase of additional land. In December of tunity to participate in the ``Ed-Flex'' program, through waivers. This is why I supported the 1968, Reverend Crenshaw was called to min- currently in place as a demonstration program Scott-Payne amendment, which would have ister to the congregation of Jerusalem Mis- in 12 states. Under Ed-Flex, the Department required that only schools in which at least sionary Baptist Church, where he remains of Education allows states to grant local 35% of the students come from low-income today. school districts waivers to certain federal regu- families may seek a waiver to use their Title A true community leader, Reverend Crenshaw has guided his congregation lations if the state believes such a waiver I funds to operate a school-wide program. For through growth, property acquisition, and would enhance local school reform efforts. I my New York City District, this provision is es- building expansion and enhancement. believe it is important for those of us in Wash- pecially important. We have many students Through it all, he has been a revitalizing force ington to recognize that local officials, parents, coming from low-income families in the Bronx both in the community and the church. Rec- teachers and students are often in a better po- and Queens, and I cannot support a program ognizing the deeper needs of the youth in the sition to creatively and effectively address the that does not have provision to prohibit funds church's neighborhood, Reverend Crenshaw particular educational issues being faced in being taken away from those needy students. founded the Jerusalem Outreach Center in their communities. H.R. 800 will allow localities I am also concerned about the timing of this 1982. With a goal to motivate and direct the flexibility to begin responding to the unique legislation. In the coming year, we need to re- young people not targeted by other programs needs of their school systems, and I embrace authorize the Elementary and Secondary Edu- to fully realize their greatest potential, Rev- any measure that will help our children obtain cation Act. It does not make sense to me that erend Crenshaw and the Jerusalem Outreach the top-quality education they need and de- we pass legislation to waive the requirements Center staff have helped over 1,675 at-risk serve. that we have not even written yet! The best youth and their families. Working through re- I must voice some concern that the account- solution would have been to consider Ed-Flex ferrals from the juvenile court and juvenile jus- ability provisions of H.R. 800 are not as strong and ESEA together. Then, we could have tice systems, the local school system and an as they should be. I am, for example, dis- worked to alleviate my concerns, and those of area mentoring program, the Jerusalem Out- appointed that this body did not agree to the my colleagues, regarding the targeting of reach Center has redirected the path for these Miller-Kildee amendment, which would have ESEA funds under the provisions of the Ed- young people and their families. Further, the required states to have in place a viable plan Flex program. center serves as a beacon in the neighbor- for assessing student achievement, as well as Finally, I would like to express my dismay hood: a welcoming place for the youth. concrete goals for such achievement. In addi- that the majority did not allow class-size re- Ever mindful of the need to provide steward- tion, it must be clearly understood that, al- duction and school construction initiatives to ship to promising young people, Reverend and though Ed-Flex can be an important compo- be attached to H.R. 800. Public schools are Mrs. Crenshaw established the Crenshaw nent of our education reform efforts this ses- working hard to raise academic standards and Scholarship Fund in memory of their deceased sion, many critical issues remain to be ad- improve student achievement, but in many daughter Marilyn. This fund has contributed dressed, such as class size, school safety and schools their efforts are hampered by over- over $12,500.00 toward the college education student discipline. crowded classes and inadequate and deterio- of students in the church. Mr. Chairman, I urge my colleagues to join rating facilities. Smaller class sizes improve The holder of a Bachelor of Theology from me in supporting Ed-Flex today, not because student learning and are effective in improving the International Bible Institute and Seminary, E422 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 1999 a Master of Arts in Psychology and Counsel- was witness to another heinous act of violence March edition of the Labor Party Press, and ing from Ashland Theological Seminary, a motivated by base bigotry. The beating and submit the article to the CONGRESSIONAL Doctorate of Divinity from Calvary Bible Col- burning of Billy Jack Gaither is testament to RECORD for my colleagues' benefit: lege, and an Honorary Doctorate from Selma the reality that a guarantee of civil rights is not [Labor Party Press, Volume 4, Number 2, University, Reverend Crenshaw is the author enough if violence motivated by hatred and March 1999] of a book, ``A Reality Roadmap for Delinquent prejudice continues. The atrocity, coming on ‘‘DON’T BLOW AWAY SOCIAL SECURITY’’ (PART Youth'' and a teaching video, ``The Reality of the heels of last year's torture and murder of 2 OF 3) Therapeutic Techniques in Working with Delin- James Byrd in Jasper, TX and Matthew WHAT’S WRONG WITH PRIVATIZING SOCIAL quent Youth.'' Shepard in Laramie, WY illustrates the need SECURITY? In addition to pastoring to his congregation, for the passage of the Hate Crimes Prevention 1. The stock market is volatile. engaging in outreach to troubled youth, and Act of 1999. The stock market goes up and up. And raising a family, Reverend Crenshaw has also Current Federal hate crimes law only covers sometimes it goes down and down. Even found time to serve on several key area crimes motivated by racial, religious or ethnic without an economic catastrophe, the stock boards including the Lucas County Criminal prejudice. Our bill adds violence motivated by market’s volatility would make our retire- Justice Coordinating Council, Lucas County prejudice against the victim's sexual orienta- ment income entirely unpredictable. Dean Mental Health Advisory Council, Baptist Pas- tion, gender or disability. This legislation also Baker has noted that if the economy grows as slowly as the Social Security trustees are tors' Conference, Interdenominational Ministe- makes it easier for Federal authorities to pros- predicting, then the prognosis for the stock rial Alliance, Interracial Religious Coalition, ecute racial, religious and ethnic violence, in market isn’t too rosy either. Social Security Board of Community Relations, the Board of the same way that the Church Arson Preven- barely covers seniors’ expenses as it is now. Education's Alternative School Programming tion Act of 1996 helped Federal prosecutors Former Congressional Budget Office direc- Committee, Baptist Ministers Conference, and combat church arson by loosening the unduly tor Robert Reischauer has pointed out that Chairman of the Advisory Board of the Amer- rigid jurisdictional requirements under Federal if we had private Social Security accounts ican Baptist Theological Seminary Extension law for prosecuting church arson. back in 1969, a person retiring in that year of Toledo. Under my legislation, States will continue to would have had a 60 percent larger payout upon retirement than someone retiring seven His unwavering commitment to the causes take the lead in the persecution of hate years later, after the market dipped. John of social justice, his dedication to God and liv- crimes. In the years 1991 through 1997 there Mueller, a former economic advisor to the ing His Word, and his deep involvement in the were more than 50,000 hate crimes reported. House Republicans, makes a similar observa- fabric of our community have earned Rev- From 1990 through 1998, there were 42 Fed- tion. Since 1900, he notes, there have been erend Crenshaw the admiration of many in our eral hate crimes prosecutions nationwide three 20-year periods in which returns on the area who hold him in high esteem. He has under the original hate crimes statute. Our bill stock market fell to about zero. In between been showered with honors too numerous to will result only in a modest increase in the were periods of positive returns. ‘‘This mention, has received commendations from number of Federal prosecutions of hate meant that some people earned a negative real return from investing in the stock mar- federal, state, and city officials, and has re- crimes. The Attorney General or other high ket, while others received a real pretax re- ceived accolades from his peers in the psy- ranking Justice Department officials must ap- turn as high as 10 percent.’’ For retirees, it chology, counseling, and ministerial fields. prove all prosecution under this law. This re- would be the luck of the draw. Reverend Crenshaw is married to Frances, quirement ensures Federal restraint, and en- Under our current system, the government and together they have raised five children: sures that States will continue to take the bears the risk of economic downturn, and Marvin, Shirley, the late Marilyn, Vanessa and lead. we’re all promised a constant monthly Kay. They are also proud and loving grand- At one time lynchings were commonplace in amount of retirement income. Under a parents to O'Shai and O'Lajidai, and great our Nation. Nearly 4,000 African Americans privatized system, we each individually bear the risk. Even the cleverest investor will grandson O'Mauryai. were tortured and killed between 1880 and likely lose money in a major financial down- The constant thread through Reverend 1930. Today, Americans are being tortured turn. And not all of us are so clever—or can Crenshaw's life of service is his devotion to and killed not only because of their race, but afford to spend our time playing amateur ``his ministry in saving souls.'' I am greatly also because of their religion, their disability, Wall Street trader. honored and deeply humbled to join his con- their sex, and their sexual orientation. It is 2. Shifting to a privatized system would require gregation and community in offering thanks for long past time that Congress passed a com- a hugely expensive period of transition. his 30 years as pastor of Jerusalem Mission- prehensive law banning such contemptible Say we begin establishing private Social ary Baptist Church. May God continue to bless acts. It is a Federal crime to hijack an auto- Security accounts for all of us Americans him, his wife, their family and the Jerusalem mobile or to possess cocaine and it ought to who are currently working and under 65. Who Missionary Baptist Church congregation. be a Federal crime to drag a man to death be- will generate funds to cover the current re- f cause of his race or to hang a man because tirees? You and me. Essentially, the next of his sexual orientation. These are crimes several generations of Americans would have to pay twice—once into our own fund, and INTRODUCTION OF HATE CRIMES that shock and shame our national conscience PREVENTION ACT OF 1999 again to sustain current retirees. According and they should be subject to Federal law en- to one estimate, full-scale privatization of forcement assistance and prosecution. There Social Security would require about $6.5 tril- HON. JOHN CONYERS, JR. certainly is a role for the States, but far too lion in additional taxes over the next sev- OF MICHIGAN many States have no hate crimes laws and enty-two years. The Employee Benefits Re- IN THE HOUSE OF REPRESENTATIVES many existing laws do not specify sexual ori- search Institute estimates that transition costs could amount to something like 5 per- Thursday, March 11, 1999 entation as a category for protection. This problem cuts across party lines, and I cent of the nation’s Gross Domestic Product for the next 40 years. By instituting privat- Mr. CONYERS. Mr. Speaker, I am pleased am glad to be joined by so many of my col- to be introducing the Hate Crimes Prevention ization, we’d be starting a Social Security leagues on both sides of the aisle in proposing crisis, not ending one. Act of 1999, along with Representatives this legislation today. This is a battle we can- 3. Maintaining private accounts will be costly. MORELLA, BALDWIN and FORBES. As of today not afford to loseÐwe owe it to the thousands Many of us tend to think that any federal there are 118 original cosponsors. This legis- of African Americans who have been lynched, lation will amend Federal law to enhance the program must be incredibly inefficient and and we owe it to the families of James Byrd, bureaucratic. A Roper poll asked Americans ability of Federal prosecutors to combat racial Matthew Shepard and Billy Jack Gaither. to estimate the administrative costs of So- and religious savagery, and will permit Federal f cial Security as a percentage of benefits. prosecution of violence motivated by prejudice They guessed, on average, 50 percent. The against the victim's sexual orientation, gender SOCIAL SECURITY real answer is one percent. Only one percent or disability. of the money that goes into Social Security In 1963, the Sixteenth Street Baptist Church is spent on administration. By comparison, HON. BERNARD SANDERS the administrative costs for private insur- in Birmingham, was dynamited by the Ku Klux OF VERMONT Klan. The killing of four African-American girls ance are about 13 percent of annual benefit IN THE HOUSE OF REPRESENTATIVES amounts. preparing for a religious ceremony shocked Thursday, March 11, 1999 The main reason Social Security adminis- the Nation and acted as a catalyst for the civil tration is so cheap is that the whole fund is rights movement. Last month, 36 years after Mr. SANDERS. Mr. Speaker, I would like to invested in one place, the U.S. Treasury. the brutal bombing in Birmingham, Alabama call your attention to an article printed in the Imagine the administrative cost of managing CONGRESSIONAL RECORD — Extensions of Remarks E423 millions of separate accounts invested in a Anyone who can make this argument has tifiable goals for all their students as well as myriad of stocks and bonds. Much of the probably never worked in a hospital, a refin- specific student subgroups, such as impover- money would go to Wall Street investment ery, or on a railroad. No one should be forced ished students. If states find achievement houses which is why they like the privatiza- to do this work at the age of 70! The average tion idea so much. black man can’t possibly like this idea, since gaps between student subgroups, they must In Chile, which privatized its retirement in this country a black man born in 1950 was set goals to close these gaps. system in 1981, people pay between 10 and 20 expected at birth to live only 59 years, on av- We must not choose between flexibility and percent of their annual retirement contribu- erage: he’ll never see a dime of Social Secu- accountability. America's children deserve tion just to maintain their account. The rity money. Instead, we should be talking both. We must work for both and target our stock market would have to perform spec- about lowering the retirement age to match education funds effectively. I urge my col- tacularly to make up for that kind of ex- that in other industrialized countries—and pense. to reflect our growing productivity (See leagues to support the Miller amendment. WHAT’S WRONG WITH INVESTING THE SOCIAL ‘‘But Other Countries Do Better.’’) f SECURITY FUND IN STOCKS? One plan by two leading Democrats, Sen. Clinton and others are advocating that Daniel Patrick Moynihan of New York and part of the Social Security system’s extra Sen. Bob Kerrey of Nebraska, would both in- EDUCATION FLEXIBILITY money be invested in the stock market in- crease the retirement age to 68 and reduce PARTNERSHIP ACT OF 1999 stead of the Treasury, hoping that it would Social Security’s cost-of-living adjustment by a percentage point. Dean Baker points collect more interest there. Because the SPEECH OF money would still stay in one big lump, the out that such a COLA cut would really add administrative costs wouldn’t stack up the up for people who live into their 80s and 90s. HON. RODNEY P. FRELINGHUYSEN way they would if everyone had their own By the time someone reaches 85, they would account. see their annual benefit reduced by 19 per- OF NEW JERSEY But again, the stock market is volatile. cent. That makes it hard to pay the rent. IN THE HOUSE OF REPRESENTATIVES There’s no guarantee that the gamble would There are more equitable ways to being pay off. more money into the Social Security sys- Wednesday, March 10, 1999 Dean Baker and others also worry that in- tem. The Labor Party and others advocate eliminating the cap on the payroll tax. But vesting the Social Security Fund in the The House in Committee of the Whole our main message is this: When it comes to stock market just opens the door to further House on the State of the Union had under Social Security, our most popular and effi- privatization. ‘‘I think it plays into the consideration the bill (H.R. 800) to provide cient social program . . . if it ain’t broke, hands of people who want individual ac- for education flexibility partnerships: counts,’’ he says. ‘‘It logically leads people don’t fix it. to believe that there’s a fortune to be made f Mr. FRELINGHUYSEN. Mr. Chairman, I rise in the stock market. And if there’s a fortune in support of H.R. 800, the Education Flexibil- to be made, well then, let me get access to EDUCATION FLEXIBILITY ity Partnership Act. This bill would expand the that as an individual. But in fact, there isn’t PARTNERSHIP ACT OF 1999 ``Ed Flex'' demonstration program, which is a fortune to be made, because they’ve over- currently in use in 12 states, to allow all 50 estimated the returns.’’ SPEECH OF As it happens, financial institutions hate states to participate, and has broad, bipartisan this aspect of Clinton’s plan. If dollars are HON. NANCY PELOSI support from a number of groups from our going to be invested in the stock market, OF CALIFORNIA governors to our local school boards. they want to get a cut. But that won’t hap- IN THE HOUSE OF REPRESENTATIVES I support this bill because I believe that our pen if the government does the investing in states need more flexibility when it comes to one big lump. Financial types have also com- Wednesday, March 10, 1999 plained about the ‘‘danger’’ of having the making decisions on spending Federal edu- government controlling such a big chunk of The House in Committee of the Whole cation dollars. Local school board members change on Wall St. House on the State of the Union had under and school administrators are better posi- Because so much of the Social Security re- consideration the bill (H.R. 800) to provide tioned than Federal bureaucrats in Washing- form debate is being driven by Wall Street, for education flexibility partnerships: ton to make decisions that will lead to positive Baker believes this plan isn’t going any- Ms. PELOSI. Mr. Chairman, I rise in support improvements in our children's education. where. And he’s glad. of the Miller Amendment to the Ed Flex Bill to The ``Ed Flex'' bill will allow local school dis- RAISING THE RETIREMENT AGE & OTHER promote educational accountability. We all rec- tricts to have greater flexibility in how they ‘‘POPULAR IDEAS’’ ognize that education is central to the lives of spend Federal education dollars. It empowers There are many other proposals afloat for America's children and is central in our effort them to determine how to best meet the ‘‘saving’’ Social Security. There’s Clinton’s to develop healthy communities. At today's idea of setting up voluntary ‘‘Universal Sav- needs of their students. In exchange, states ings Accounts’’ outside the Social Security Appropriations Subcommittee Labor-HHS-Edu- will get greater accountability from local school system. Workers could contribute through cation Hearing, I listened to the Department of districts on how that money is being spent, payroll deduction and the government would Education's testimony. and whether the flexible spending has im- match their contribution. Workers could They stress the importance of results and proved results. then invest this pot of money in the stock performance based educational instruction and We hear of numerous examples from the market. What’s ironic about this plan is that funding. While Federal education programs pilot states that have benefitted from the ``Ed it does nothing to address the alleged crisis should be administered with flexibility, this Flex'' program. In these states, scores have in the Social Security system. But it does flexibility must be met with effective account- address the deep desire of Wall Street bro- increased and students have excelled, even in ability provisions and assurances funds tar- kers to get a massive new influx of commis- the poorest areas. My governor in New Jer- geted for America's impoverished children. sions. And it would also ease the way for cut- sey, Christine Todd Whitman, has made clear For these reasons, I support Democratic ting back Social Security in the years to what ``Ed Flex'' will mean to our students. She amendments to strengthen educational report- come. said, ``Ed Flex would be another tool in our ar- Some people have proposed shoring up So- ing and accountability requirements and to re- senal to better coordinate state and Federal cial Security by cutting back or even elimi- quire local districts to target funds to economi- requirements to provide maximum support for nating rich people’s access to Social Secu- cally disadvantaged students. To be effective our reform efforts with the specific goal of im- rity. At a time when the rich are filthy rich, and accountable, states and schools must de- this does sound appetizing. But politically, proving student performance.'' velop and maintain effective management and it’s probably poison. Because these days, any ``Ed Flex'' is an idea whose time has come. program that’s perceived as a poor people’s information systems, collect student data, de- program is likely to end up on the chopping sign and implement effective assessment The flexibility will allow school districts to block—just like Medicaid and welfare. plans, and issue timely and parent-friendly re- stretch limited dollars farther, and use money Some of our elected officials propose rais- ports. where it is most needed. There must still be ing the eligibility age to get full Social Se- I support Representative MILLER's amend- accountability from our local school districts on curity benefits as a way of keeping money in ment to require States that seek waivers to how the money is being spent, and whether the system. The retirement age is already core needsÐsuch as math and science edu- slated to rise from 65 to 67 in the coming first have in place a viable plan to assess stu- dent achievement. It also requires States to cationÐare being met. This bill provides that years, but they want to force us to work accountability. even longer. Proponents of this idea think use the same plan throughout H.R. 800's full it’s only fair, since Americans are living five-year flexibility plan. States must establish, Mr. Chairman, I support H.R. 800, and urge longer than they used to. as they determine appropriate, concrete quan- my colleagues to do the same. E424 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 1999 EDUCATION FLEXIBILITY DEPARTMENT OF EDUCATION, location method does not take into account PARTNERSHIP ACT OF 1999 Phoenix, AZ, March 9, 1999. any charter schools that might come into ex- Hon. MATT SALMON, istence at a later date. That means that House of Representatives, these new charter schools, and the children SPEECH OF Washington, DC. attending them, are left holding the bag DEAR CONGRESSMAN SALMON: Later this without any funding—and that, I can tell HON. MATT SALMON week, the U.S. House of Representatives will you, I do not support. For this reason, ADE would like the flexi- OF ARIZONA begin its debate on H.R. 800, the Education Flexibility Partnership Act of 1999. While bility to continue with its unique policy of IN THE HOUSE OF REPRESENTATIVES this legislation still falls short of giving reserving funds at the State level for the sole purpose of funding newly-created charter Wednesday, March 10, 1999 State and local education agencies the full flexibility they need to deliver the best edu- schools. However, even Ed-Flex, with its ex- cation to children, it is, nevertheless, a step plicit prohibition on waiving requirements The House in Committee of the Whole related to the distribution of funds, will not House on the State of the Union had under in the right direction. For this reason, the Arizona Department of Education (ADE) allow us to do this. The current proposal will consideration the bill (H.R. 800) to provide not allow us to fund charter schools in a way for education flexibility partnerships: urges you and your colleagues to support this legislation. that is consistent with our state policy and Mr. SALMON. Mr. Chairman, I rise today in Given the opportunity afforded by this leg- which aligns itself with our philosophy of support of the Education Flexibility Partnership islation, Arizona will apply for Ed-Flex sta- sending funding directly to the school where tus. According to the General Accounting Of- that student is being taught as quickly as Act (H.R. 800). This legislation, as the title im- possible. plies, empowers states with greater flexibility fice’s November 1998 report on Ed-Flex, Ari- zona did not qualify for the Ed-Flex program I find it ironic, and a bit discouraging, to know that even as the President and the Ad- in administering certain federal education pro- because the State did not have the authority ministration are encouraging the creation of grams. When one considers that federal dol- to waive State statutes or regulations. While 3,000 charter schools by the year 2000, they lars represent only about seven percent of the Arizona State Board of Education has are, at the same time, impeding the efforts never asserted its right to waive State stat- total primary and secondary education funds, of states to fund them. Nonetheless, even but 50 percent of the time districts spend on ute, Arizona Administrative Code R7–2–801 with the prohibitive language included in paperwork, common sense demands a more clearly gives the Board the authority to this bill, we plan to include a request to flexible process of distributing federal re- issue waivers from administrative rules. I waive some restrictions on the allocation of sources. have enclosed a copy of this rule for your ref- federal funds in our Ed-Flex proposal. As I erence. Federal education programs have been understand it, flexibility and accountability We are uncertain if whether upon review of are at the heart of Ed-Flex. It is our inten- more successful in creating jobs for bureau- Arizona’s administrative structure it was de- tion, then, to allocate dollars in a manner cratsÐover 25,000 a yearÐthan in improving termined that the State Board of Edu- consistent with Arizona’s philosophy of fund- the educational performance of America's chil- cation’s authority to waive regulations did ing students while at the same time remain- dren. The results of the Third International not sufficiently meet the Ed-Flex Act re- ing fully accountable for these funds. I know quirement that the ‘‘State’’ have such waiv- we can count on your support for these ef- Mathematics and Science Study (TIMSS), re- er authority. As our State Board has the au- leased last year, emphasize this point. TIMSS forts, and I hope we can count on the Con- thority to act as the ‘‘State’’ when it comes gress’ support as well. revealed that U.S. 12th-graders scored next to to accepting federal dollars, we feel its abil- The Arizona Department of Education last in advanced math and dead last in phys- ity to waive state regulations should also prides itself in helping educators across our ics. Reading scores, which were not measured clearly mean that the ‘‘State’’ has such an State concentrate on the task of teaching by the international tests, were equally dis- authority when it comes to meeting the re- students, not conforming with burdensome appointing. Forty percent of fourth graders quirements of Ed-Flex. We therefore support regulations and reporting requirements. For can't even read at the basic level. Unfortu- including report language to clarify that, in this reason, we are supportive of any efforts states where a State Education Agency is de- by the Congress to give schools and State nately, the increased federal contribution in fined as the State Board of Education, the and local education agencies the flexibility education over the past 30 years has not re- authority of the State Board to waive regu- they need to do their jobs well. H.R. 800 is a sulted in a corresponding improvement in the lations should be considered adequate au- good start, and deserves the support of Con- quality of the education our children receive. thority to qualify for Ed-Flex. gress. Hopefully, passage of Ed-Flex will mark the While ADE will, as mentioned above, apply I urge swift passage of this legislation. first of many steps taken by the 106th Con- for Ed-Flex status, I must bring to your at- Sincerely, gress to reform antiquated federal education tention one provision of this legislation that LISA GRAHAM KEEGAN, Superintendent of Public Instruction. programs. is still of serious concern to Arizona Under Section 4(c)(1)(E) of H.R. 800, States f Only 12 states currently participate in Ed- are prohibited from waiving any statutory or Flex. As constructed, Ed-Flex provides greater regulatory requirements relating to the dis- THE HEALTHY KIDS 2000 ACT state and local flexibility in utilizing federal dol- tribution of funds to States or to local edu- lars. The legislation before us provides for the cation agencies. There are a number of rea- HON. JO ANN EMERSON expansion of this program to all 50 states. sons this explicit prohibition will directly obstruct our efforts to improve the quality OF MISSOURI In a letter to me dated March 9th (which I of education in Arizona. IN THE HOUSE OF REPRESENTATIVES will have included in the CONGRESSIONAL As you know, Arizona is home to more Thursday, March 11, 1999 RECORD) Arizona Superintendent of Public In- charter schools than any other state in the struction Lisa Graham Keegan expressed sup- nation, with 311 schools serving more than Mrs. EMERSON. Mr. Speaker, today I join my colleague, Senator KIT BOND, in introduc- port for H.R. 800 and stated that Arizona will 30,000 students across our State. New charter schools are being created and chartered regu- ing legislation that addresses one of the great- apply for Ed-Flex status. There is one poten- larly, and it is our policy to provide to the est challenges of our Nation: assuring quality tial glitch that needs to be resolved so that Ari- charter school the federal funding that its health care for pregnant women and appro- zona can participate. A November 1998 GAO attending students generate as soon as the priate pediatric care for infants. Our bill, the report on Ed-Flex concluded that Arizona did charter school comes into existence. This is Healthy Kids 2000 Act, builds upon the Birth not qualify for this program because the state what we call ‘‘real time’’ funding. We do not Defects Prevention Act signed into law last did not have the authority to waive state stat- wait for the charter school to report is stu- April, by consolidating programs and providing utes or regulationsÐa prerequisite to partici- dent data to us at the end of the year, and more funds for local initiatives to prevent birth pate in the program. I have been assured by then fund the school based on prior year defects and maternal mortality. the Education Committee that report language data. However, in order to ensure that we will have funding on hand to provide to these The idea behind our proposal is simple: we to accompany the bill will clarify that Arizona charter schools that crop up, it is ADE’s pol- want pregnant women to be healthy, and we is eligible to participate in Ed-Flex. icy to reserve a portion of its Title I funding want children to be healthy. To accomplish Passage of Ed-Flex marks progress in the at the State level to be used specifically for this, we must remove some of the barriers effort to loosen the federal strings that have this purpose. women and children encounter in receiving strangled innovative and effective education The federal government recently changed the way it allocates Title I funding, so that adequate, appropriate health care. programs. We've taken a positive step today these dollars now flow directly to the exist- The Healthy Kids 2000 Act will allow States and I look forward to working on additional ing LEAs. In most circumstances, I strongly greater flexibility in ensuring quality prenatal legislation that will remove administrative bur- support efforts that leave the SEA out of the care by allowing States to enroll eligible preg- dens so that schools can spend more time equation and provide as much funding as nant women in the State Children's Health In- teaching kids. possible to the local level. However, this al- surance Program (CHIP), for which Congress CONGRESSIONAL RECORD — Extensions of Remarks E425 provided $25 billion in 1997 to assist 10 mil- be working with Senator BOND on an important Oceanic and Atmospheric Administration lion uninsured children in receiving the most children's health initiative. On behalf of our [NOAA]. Specifically, the bill states that imple- basic health care. A recent study by the March youngest and most vulnerable citizens, I urge mentation of estuary management plans is a of Dimes estimates that 45,000 uninsured my colleagues to review the Healthy Kids nondiscretionary duty of the EPA. The meas- pregnant women who are not eligible for Med- 2000 Act, to discuss this bill with families in ure seeks to improve Federal leadership in the icaid could be covered by S±CHIP if States their districts, and to join me in cosponsoring NEP by directing the EPA to promulgate were given the flexibility of extending coverage this important legislation. guidelines for development, approval, and im- to income eligible pregnant women age 19 or f plementation of comprehensive management older. plans. Other important proposed changes in- Additionally, the bill increases enrollment of DELAURO-LOWEY WATER POLLU- clude measures to improve coordination of Medicaid-eligible pregnant women. Currently, TION CONTROL AND ESTUARY clean-up efforts with other Federal activities in approximately 77 percent of uninsured preg- RESTORATION ACT estuaries. In short, this bill is designed to nant women are eligible for Medicaid but are make certain that those plans do not end up not enrolled. The bill also ensures direct ac- HON. NITA M. LOWEY on shelves in bureaucrats' offices, but instead cess to obstetric care for women, and direct OF NEW YORK truly clean up these critical bodies of water. access to pediatric care, since children have IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, our legislation is a call to ac- health needs that are very different than those Thursday, March 11, 1999 tion that says through sensible investments in of the adult population. water pollution control we can help ensure our Another crucial element of our bill allows our Mrs. LOWEY. Mr. Speaker, today Congress- economic and environmental future. Without Nation's independent children's hospitals to re- woman DELAURO, Congressman SHAYS, and I Federal assistance, our estuaries will die while ceive Federal funding for graduate medical are once again joining with a geographically the long-term growth of our economies suffers. education. Currently, children's hospitals re- diverse group of our colleagues in reintroduc- ceive almost no Federal GME funding. With ing legislation to renew and expand the Fed- The time has come to act, Mr. Speaker. few Medicare patients, these children's hos- eral Government's role in controlling pollution pitals receive less than $400 in Federal funds and in stewarding our coastal resources. f Without question, much remains to be done for each medical resident they train, while MILITARY RESERVE (DUAL STA- other teaching hospitals receive on average to take our Nation's estuaries off the endan- gered list. Nationally, we face an appalling TUS) TECHNICIANS RETIREMENT more than $79,000 for each residentÐcreating EQUITY BILL a serious inequity in the competitive market for backlog of water quality infrastructure upgrade these children's hospitals. As these hospitals needs that threatens to choke our economy try to fulfill their teaching missions, competitive just as it is robbing our waters of life-giving ox- HON. NEIL ABERCROMBIE ygen. Quite simply, we need leadership at the market pressures provide little incentive for OF HAWAII private payers to contribute toward teaching Federal level to match the energy and ingenu- IN THE HOUSE OF REPRESENTATIVES costs. ity of our communities that are working toward In an effort to reduce our Nation's infant a better environmental and economic future. Thursday, March 11, 1999 death rate and to improve the chances of Without strong Federal leadership and sub- Mr. ABERCROMBIE. Mr. Speaker, our Na- healthy birth outcomes, the Healthy Kids 2000 stantial funds to back it up, we run the risk of tional Guard and Reservists have performed Act establishes a National Center for Birth De- squandering over 20 years of progress in admirably whenever called upon to assist our fects Research and Prevention, and strength- cleaning up and protecting our waters. military at home and abroad and to aid fed- ens local initiatives for drug, alcohol, and Therefore, our legislation will re-ignite Fed- eral, state and local emergencies. Serving smoking prevention and cessation programs eral, State, and local cooperation in water pol- side by side with active military personnel, fire for pregnant mothers. An estimated 150,000 lution control by significantly increasing annual fighters and other professional counterparts, infants are born each year with a birth defect, authorization levels for the State Revolving some Guard and Reservists are exposed to resulting in one out of every five infant deaths. Fund [SRF] Program to $4 billion in 2005, More children die in the U.S. from birth de- thereby providing the resources to expand and hazardous and physically demanding duty as fects in the first year of life than from any modernize the Nation's water pollution control a routine part of their job. A well-earned and other cause. Effective locally-based programs infrastructure. timely retirement should be a welcome relief will prevent these horrific outcomes by equip- Moreover, our legislation would strengthen from a job that requires youth, strength and ping mothers, families, and health care provid- section 320 of the Clean Water Act, which au- virgo. Yet, for a select group of talented indi- ers with information and approaches needed thorizes the National Estuary Program. First viduals, known as Dual Status Technicians, to ensure women safer pregnancies. established under the Water Quality Act of retirement eligibility is several years beyond Furthermore, our bill increases funding for 1987, the NEP provides a mechanism for that of their counterparts. the National Institutes of Health by creating bringing together Federal, State, and local au- Dual Status Technicians are held to the the Pediatric Research Initiative, which will thoritiesÐand interested citizensÐto develop same physical and mental criteria as their mili- provide further money to research efforts on comprehensive, watershed-based plans for tary counterparts and the jobs they perform diseases and conditions which afflict our Na- cleaning up and protecting nationally signifi- are likewise challenging. Although active mili- tion's children, such as birth defects, SIDS, cant estuaries. In Long Island Sound, Puget tary personnel, fire fighters and federal police cystic fibrosis, juvenile diabetes, and muscular Sound, Massachusetts Bay, and a number of can retire after 20 years of service, Techni- dystrophy. other estuaries, the NEP has helped bring cians must work until age 55 with 30 years of Our health care professionals in southern about unprecedented cooperation aimed at service to receive full benefits. This bill gives Missouri and across the Nation work very hard saving these threatened waters and the Dual Status Technicians retirement eligibility to provide the highest quality care for our chil- economies that rely on them. equity with their counterparts. dren. The reality is that pediatric care, like all Our bill would build on the success of the The Military Reserve (Dual Status) Techni- health care, does cost money. We need to NEP by clarifying the funding and staffing re- cians Retirement Equity Bill allows qualified take positive steps to ensure that every moth- sponsibilities of Federal agencies concerned National Guard and Reservists the option to er-to-be and their children are able to access with the program, including the Environmental retire under the same criteria as other profes- this quality care. I am very pleased to again Protection Agency [EPA] and the National sionals in similar challenging careers. Thursday, March 11, 1999 Daily Digest

HIGHLIGHTS Senate passed Education Flexibility Partnership Act. House Committees ordered reported 13 sundry measures, including a Supplemental Appropriations for fiscal year 1999 and the Financial Service Act of 1999. Senate (By 38 yeas to 61 nays (Vote No. 39), Senate earlier Chamber Action failed to table the amendment.) Routine Proceedings, pages S2535–S2611 Pages S2542±43, S2556±58 Measures Introduced: Nineteen bills and one reso- By 61 yeas to 38 nays (Vote No. 42), Jeffords (for lution were introduced, as follows: S. 585–603, and Lott) Amendment No. 66 (to Amendment No. 31), S. Con. Res. 17. Pages S2575±76 to provide all local educational agencies with the op- tion to use the funds received under section 307 of Measures Passed: the Department of Education Appropriations Act, Unilateral Declaration of a Palestine State: 1999, for activities under part B of the Individuals Pursuant to the order of Wednesday, March 10, with Disabilities Education Act. 1999, Committee on Foreign Relations was dis- Pages S2543, S2560±61 charged from further consideration of S. Con. Res. 5, Jeffords (for Lott) Amendment No. 67 (to Amend- expressing congressional opposition to the unilateral ment No. 31), to provide all local educational agen- declaration of a Palestinian state and urging the cies with the option to use the funds received under President to assert clearly United States opposition section 307 of the Department of Education Appro- to such a unilateral declaration of statehood, and by priations Act, 1999, for activities under part B of 98 yeas to 1 nay (Vote No. 38), Senate agreed to the the Individuals with Disabilities Education Act. resolution. Pages S2535±42, S2556 Pages S2543, S2561±62 Education Flexibility Partnership Act: By 98 By 78 yeas to 21 nays (Vote No. 45), Jeffords (for yeas to 1 nay (Vote No. 48), Senate passed H.R. Lott) Amendment No. 68 (to Amendment No. 31), 800, to provide for education flexibility partnerships, to provide all local educational agencies with the op- after striking all after the enacting clause, and insert- tion to use the funds received under section 307 of ing in lieu thereof, the text of S. 280 (Senate com- the Department of Education Appropriations Act, panion measure), and after taking action on the fol- 1999, for activities under part B of the Individuals lowing amendments proposed thereto: Pages S2542±73 with Disabilities Education Act, and to amend the Adopted: Individuals with Disabilities Education Act with re- Jeffords Amendment No. 31, in the nature of a spect to alternative educational settings. substitute. Pages S2542±71 Pages S2543, S2564±66 By 60 yeas to 39 nays (Vote No. 40), Jeffords (for Rejected: Lott) Modified Amendment No. 60 (to Amendment Feinstein/Dorgan/Bingaman Amendment No. 61 No. 31), to express the sense of the Senate regarding (to Amendment No. 31), to assist local educational flexibility to use certain Federal education funds to agencies to help all students achieve State achieve- carry out part B of the Individuals with Disabilities ment standards, and to end the practice of social Education Act, and to provide all local educational promotion. (By 59 yeas to 40 nays (Vote No. 46), agencies with the option to use the funds received Senate tabled the amendment.) Pages S2543, S2566±67 under section 307 of the Department of Education Wellstone Amendment No. 62 (to Amendment Appropriations Act, 1999, for activities under part B No. 31), to provide for local and state plans, use of of the Individuals with Disabilities Education Act. funds, and accountability, under the Carl D. Perkins D258 March 11, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D259 Vocational and Technical Education Act of 1998, ex- March 15, 1999. (For Senate’s program, see the re- cept to permit the formation of secondary and post- marks of the Acting Majority Leader in today’s secondary consortia. (By 57 yeas to 42 nays (Vote Record on page S2611.) No. 47), Senate tabled the amendment.) Pages S2543, S2567 Committee Meetings Bingaman Amendment No. 63 (to Amendment No. 31), to provide for a national school dropout (Committees not listed did not meet) prevention program. (By 55 yeas to 44 nays (Vote No. 43), Senate tabled the amendment.) APPROPRIATIONS—COMMERCE Pages S2543, S2561 Committee on Appropriations: Subcommittee on Com- Bingaman (for Murray/Kennedy) Amendment No. merce, Justice, State, and the Judiciary concluded 64 (to Amendment No. 31), authorizing funds for hearings on proposed budget estimates for fiscal year fiscal years 2000 through 2005 to provide for class- 2000 for the Department of Commerce, focusing on size reduction in the early grades and to provide for decennial census and other statistical programs, the hiring of additional qualified teachers. (By 55 oceans and atmosphere, trade, technology, and assist- yeas to 44 nays (Vote No. 41), Senate tabled the ing distressed communities, after receiving testimony amendment.) Pages S2543, S2558±60 from William M. Daley, Secretary of Commerce. Bingaman (for Boxer) Amendment No. 65 (to Amendment No. 31), to improve academic and so- APPROPRIATIONS—ENERGY cial outcomes for students and reduce both juvenile Committee on Appropriations: Subcommittee on Energy crime and the risk that youth will become victims and Water Development concluded hearings on pro- of crime by providing productive activities during posed budget estimates for fiscal year 2000 for the after school hours. (By 55 yeas to 44 nays (Vote No. Department of Energy, focusing on defense pro- 44), Senate tabled the amendment.) grams, materials disposition, and non-proliferation, Pages S2543, S2562±64 after receiving testimony from Victor H. Reis, As- Senate insisted on its amendment and requested a sistant Secretary for Defense Programs, Rose E. conference with the House thereon. Pages S2568±69 Gottemoeller, Director, Office of Nonproliferation Subsequently, S. 280 was placed back on the Sen- and National Security, and Laura S.H. Holgate, Di- ate Calendar. Pages S2568±69 rector, Office of Fissile Materials Disposition, all of National Missile Defense Act: Senate began con- the Department of Energy. sideration of S. 257, to state the policy of the APPROPRIATIONS—NATIONAL AND United States regarding the deployment of a missile COMMUNITY SERVICE defense capable of defending the territory of the Committee on Appropriations: Subcommittee on VA, United States against limited ballistic missile attack. HUD, and Independent Agencies concluded hearings Page S2573 on proposed budget estimates for fiscal year 2000 for A unanimous-consent agreement was reached pro- the Corporation for National and Community Serv- viding for further consideration of the bill on Mon- ice, receiving testimony form Harris Wofford, Chief day, March 15, 1999. Page S2611 Executive Officer, and Luise S. Jordan, Inspector Messages From the House: Page S2575 General, both of the Corporation for National and Measures Referred: Page S2575 Community Service; and Ellen Lazar, Director, Com- munity Development Financial Institutions Fund, Measures Placed on Calendar: Page S2575 Department of the Treasury. Statements on Introduced Bills: Pages S2576±S2604 AUTHORIZATION—DEFENSE Additional Cosponsors: Pages S2604±05 Committee on Armed Services: Strategic Subcommittee Authority for Committees: Pages S2606±07 concluded hearings on proposed legislation authoriz- Additional Statements: Pages S2607±11 ing funds for fiscal year 2000 for the Department of Quorum Calls: One quorum call was taken today. Defense, focusing on ballistic missile defense pro- (Total—5) Page S2557 grams and management, and the future years defense program, after receiving testimony from Jacques S. Record Votes: Eleven record votes were taken Gansler, Under Secretary of Defense for Acquisition today. (Total—48) and Technology; Lt. Gen. Lester L. Lyles, USAF, Di- Pages S2556±58, S2560±61, S2563±64, S2566±67, S2569 rector, Ballistic Missile Defense Organization; Lt. Adjournment: Senate convened at 12 noon, and ad- Gen. Gregory S. Martin, USAF, Principal Deputy, journed at 6:48 p.m., until 12 noon, on Monday, Assistant Secretary of the Air Force for Acquisition; D260 CONGRESSIONAL RECORD — DAILY DIGEST March 11, 1999 and Gen Robert T. Marsh, USAF (Ret.), Chairman, 2000 for the Army Corps of Engineers, after receiv- Airborne Laser Independent Assessment Team. ing testimony from Joseph W. Westphal, Assistant AUTHORIZATION—DEFENSE HEALTH Secretary for Civil Works, and Michael L. Davis, PROGRAM Deputy Assistant Secretary of Policy and Legislation, both of the Department of the Army. Committee on Armed Services: Subcommittee on Person- nel concluded hearings on proposed legislation au- INTERNATIONAL TAXATION thorizing funds for fiscal year 2000 for the Depart- Committee on Finance: Committee held hearings to ex- ment of Defense, focusing on the defense health pro- plore the ramifications of the changing world econ- gram, and the future years defense program, after re- omy and the reforms that are needed in the inter- ceiving testimony from Sue Bailey, Assistant Sec- national tax area, receiving testimony from Robin D. retary for Health Affairs, and H. James T. Sears, Ex- Beran, Caterpillar, Inc., Peoria, Illinois; Julietta ecutive Director, TRICARE Management Activity, Guarino, ABB, Inc., Stamford, Connecticut, on be- both of the Department of Defense; Maj. Gen. John half of the Organization for International Invest- S. Parker, USA, Commanding General, Medical Re- ment; John L. Loffredo, DaimlerChrysler Corpora- search and Material Command and Fort Detrick; tion, Auburn Hills, Michigan; Robert H. Perlman, Vice Adm. Richard A. Nelson, USN, Navy Surgeon Intel Corporation, Santa Clara, California; John H. General; Lt. Gen. Charles H. Roadman, II, USAF, Mutti, Grinnell College Department of Economics, Air Force Surgeon General; David J. McIntyre, Jr., Grinnell, Iowa; and Matthew J. Slaughter, Dart- TriWest Healthcare Alliance, Phoenix, Arizona; mouth College Department of Economics, Hanover, Robert E. Shields, Humana Military Healthcare New Hampshire. Services, Inc., Louisville; Virginia Torsch, Retired Hearings recessed subject to call. Officers Association, Annandale, Virginia, and Syd- EMBASSY SECURITY ney T. Hickey, National Military Family Associa- tion, Alexandria, Virginia, both on behalf of the Committee on Foreign Relations: Committee held hear- Military Coalition; and Col. Charles C. Partridge, ings to examine embassy security for a new millen- USA (Ret.), National Association for Uniformed nium, focusing on the bombings in Nairobi and Dar Services, Springfield, Virginia, on behalf of the Na- Es Salaam, the Bureau of Diplomatic Security’s ef- tional Military and Veterans Alliance. forts to protect American personnel, facilities, and national security information, and the Accountability AIRLINE PASSENGER FAIRNESS ACT Review Board recommendations, receiving testimony Committee on Commerce, Science, and Transportation: from Adm. William J. Crowe, Jr., USN (Ret.), Committee held hearings on S. 383, to establish a Chairman, Accountability Review Boards for the national policy of basic consumer fair treatment for Embassy Bombings in Nairobi and Dar Es Salaam, airline passengers, receiving testimony from Nancy David G. Carpenter, Assistant Secretary for Diplo- E. McFadden, General Counsel, Department of matic Security, and Patrick F. Kennedy, Assistant Transportation; Darlene McCord, Royale Renais- Secretary for Administration, all of the Department sance, Pharmaceutical Research & Development, of State. Glenbrook, Nevada; Carol B. Hallett, Air Transport Hearings recessed subject to the call. Association of America, and Mark Silbergeld, Con- MANAGED HEALTH CARE sumers Union, both of Washington D.C.; Lawton Roberts, Uniglobe Country Place Travel, Committee on Health, Education, Labor, and Pensions: Lawrenceville, Georgia; Paul M. Ruden, American Committee concluded hearings on proposals to en- Society of Travel Agents, Inc, Alexandria, Virginia; hance consumer protections for privately-insured Darryl Jenkins, Aviation Institute/George Washing- Americans who receive health coverage under man- ton University, Falls Church, Virginia; and Jeannie aged care arrangements, including S. 6, to amend Johanningmeirer, Kingston, Pennsylvania. the Public Health Service Act, the Employee Retire- Hearings recessed subject to call. ment Income Security Act of 1974, and the Internal Revenue Code of 1986 to protect consumers in man- WATER RESOURCE DEVELOPMENT aged care plans and other health coverage, and S. Committee on Environment and Public Works: Commit- 300 and S. 326, bills to improve access and choice tee concluded hearings on S. 507, to provide for the of patients to quality, affordable health care, after re- conservation and development of water and related ceiving testimony from William J. Scanlon, Director, resources, and to authorize the Secretary of the Army Health Financing and Public Health Issues, General to construct various projects for improvements to Accounting Office; Kathleen Sebelius, Kansas Insur- rivers and harbors of the United States, and the ance Department, Topeka, on behalf of the National President’s proposed budget request for fiscal year Association of Insurance Commissioners; Peter W. March 11, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D261 Thomas, former Chair, Subcommittee on Consumer tively impact the courts and business community, Rights, Protections and Responsibilities, President’s after receiving testimony from Senator Hatch; Mi- Advisory Commission on Consumer Protection and chael C. Spencer, Milberg, Weiss, Bershad, Hynes, Quality in the Health Care Industry; and Karen M. and Lerach, New York, New York; Charles Rothfeld, Ignagni, American Association of Health Plans, Ron- Mayer, Brown, and Platt, and William Frederick ald F. Pollack, Families USA Foundation, Beverly L. Lewis, Prospect Technologies, both of Washington, Malone, American Nurses Association, and Marcia L. D.C.; William Steel Sessions, FedNet, Inc., Cleve- Comstock, U.S. Chamber of Commerce, all of Wash- land, Ohio, former Chief Judge of the United States ington, D.C. District Court for the Southern District of Texas/ Y2K COMPUTER PROBLEM former Director of the Federal Bureau of Investiga- Special Committee on the Year 2000 Technology Problem: tion, Department of Justice; George Scalise, Semi- Committee concluded hearings to explore claims that conductor Industry Association, San Jose, California; failures caused by the Y2K computer glitch will re- and John H. McGuckin, Jr., Union Bank of Califor- sult in a large number of lawsuits that could nega- nia, San Francisco. h House of Representatives serves at least thirty-five percent of children from Chamber Action low-income families (rejected by a recorded vote of Bills Introduced: 39 public bills, H.R. 1069–1107; 195 ayes to 223 noes, Roll No. 40). Page H1176 and 8 resolutions, H. J. Res. 37–38, H. Con. Res. The Clerk was authorized to make technical cor- 53–54, and H. Res. 108–111, were introduced. rections and conforming changes in the engrossment Pages H1256±59 of H.R. 800. Page H1177 Reports Filed: Reports were filed today as follows: H. Res. 100, the rule that provided for consider- A Citizen’s Guide on Using the Freedom of Infor- ation of the bill was agreed to on March 10. mation Act, and the Privacy Act of 1974 to request Suspensions: The House agreed to suspend the rules Government Records (H. Rept. 106–50); and and pass the following measures debated on March H.R. 820, to authorize appropriations for fiscal 9: years 2000 and 2001 for the Coast Guard, amended (H. Rept. 106–51). Page H1256 Bankruptcy Relief Extension for Certain Fam- Committee Resignation: Read a letter from Rep- ily Farmers: H.R. 808, amended, to extend for 3 resentative Bachus wherein he resigned from the additional months the period for which chapter 12 of title 11 of the United States Code is reenacted Committee on Veterans’ Affairs. Page H1175 (passed by yea and nay vote of 418 yeas to 1 nay, Committee Election: The House agreed to H. Res. Roll No. 42). Agreed to amend the title; 108, electing Representative Scarborough to the Pages H1177±78 Committee on the Judiciary and Representative Baker to the Committee on Veterans’ Affairs. Expressing Support for Free Elections in Indo- Page H1175 nesia: H. Res. 32, expressing support for, and call- ing for actions in support of, free, fair, and trans- Education Flexibility Partnership Act: The House parent elections in Indonesia (passed by yea and nay passed H.R. 800, to provide for education flexibility vote of 413 yeas to 6 nays, Roll No. 43); and partnerships by a recorded vote of 330 ayes to 90 noes, Roll No. 41. The House completed general de- Pages H1178±79 bate and considered amendments to the bill on Human Rights Abuses in China and Tibet: H. March 10. Pages H1175±77 Con. Res. 28, amended, expressing the sense of Con- Agreed to the Committee amendment in the na- gress that the United States should introduce and ture of a substitute made in order by the rule, as make all efforts necessary to pass a resolution criti- amended. Pages H1176±77 cizing the People’s Republic of China for its human Rejected the Scott amendment, numbered 21 and rights abuses in China and Tibet at the annual meet- printed in the Congressional Record, that sought to ing of the United Nations Commission on Human authorize a waiver in the case of a school that par- Rights (passed by a yea and nay vote of 421 yeas ticipates in a Title I program only if the school with none voting ‘‘nay’’, Roll No. 44). Page H1179 D262 CONGRESSIONAL RECORD — DAILY DIGEST March 11, 1999 Peacekeeping Operation in Kosovo: The House Commission on Security and Cooperation in Eu- agreed to H. Con. Res. 42, regarding the use of rope: The Chair announced the Speaker’s appoint- United States Armed Forces as part of a NATO ment of Representatives Wolf, Salmon, Greenwood, peacekeeping operation implementing a Kosovo and Forbes to the Commission on Security and Co- peace agreement by a recorded vote of 219 ayes to operation in Europe. Page H1250 191 noes with 9 voting ‘‘present,’’ Roll No. 49. Meeting Hour—March 15: Agreed that when the Pages H1189±H1250 House adjourns today, it adjourn to meet at 2 p.m. Agreed To: on Monday, March 15. Page H1250 Gejdenson amendment, numbered 5 and printed Calendar Wednesday: Agreed that the business in in the Congressional Record, that includes a declara- order under the Calendar Wednesday rule be dis- tion of policy relating to an interim peace agree- pensed with on Wednesday, March 17. Page H1250 ment; authorization for deployment of Armed Forces; and limitation of Armed Forces participation to not Quorum Calls—Votes: Four yea and nay votes and more than 15 percent; and Pages H1215±49 six recorded votes developed during the proceedings Gilman amendment to the Gejdenson amend- of the House today and appear on pages H1176, ment, numbered 5, to authorize the deployment of H1176–77, H1177–78, H1178–79, H1179, H1188, U.S. Armed Forces to Kosova and require the Presi- H1188–89, H1215, H1246–47, and H1249–50. dent to submit various reports to Congress including There were no quorum calls. a statement outlining the national interest in the Adjournment: The House met at 10:00 a.m. and conflict; specifying resources required; identifying adjourned at 10:24 p.m. the rules of engagement; and establishing an exit strategy before ordering the deployment of any Committee Meetings Armed Forces personnel. Pages H1247±48 FOREST SERVICE BUDGET Rejected: Fowler amendment, to the Gejdenson amendment Committee on Agriculture: Subcommittee on Depart- numbered 5 and printed in the Congressional ment Operations, Oversight, Nutrition, and Forestry Record, that sought to limit the deployment of U.S. held a hearing to review the Forest Service fiscal year Armed Forces to Kosovo and to not authorize the 2000 Budget. Testimony was heard from Represent- atives Herger and Peterson of Pennsylvania; the fol- President to deploy ground forces as part of a lowing officials of the USDA: Michael Dombeck, NATO peacekeeping operation (rejected by a re- Chief, Forest Service; and Roger C. Viadero, Inspec- corded vote of 178 ayes to 237 noes with 2 voting tor General; Linda M. Calbom, Director, Resources, ‘‘present,’’ Roll No. 48. Pages H1216±47 Community, and Economic Development Account- Points of order sustained against: ing and Financial Management Issues, Accounting Gejdenson amendment, numbered 7 and printed and Information Management Division, GAO; and in the Congressional Record, that sought to include public witnesses. a declaration of policy relating to an interim agree- ment; authorization for deployment of Armed Forces; SUPPLEMENTAL APPROPRIATIONS declaration of policy relating to support for the Committee on Appropriations: Ordered reported the Armed Forces; and a limitation of Armed Forces par- Supplemental Appropriations for fiscal year 1999. ticipation to not more than 15 percent. Subse- COMMERCE, JUSTICE, STATE, AND quently, sustained the ruling of the Chair by a re- JUDICIARY APPROPRIATIONS corded vote of 218 ayes to 205 noes, Roll No. 47; Committee on Appropriations: Subcommittee on Com- and Page H1214 merce, Justice, State, and Judiciary held a hearing on Skelton amendment numbered 52 and printed in the Attorney General. Testimony was heard from the Congressional Record that sought to not allow Janet Reno, Attorney General. the deployment of U.S. Armed Forces to Kosovo un- less a peace agreement has been reached and the de- DEFENSE APPROPRIATIONS ployment has been approved by Congress. Committee on Appropriations: Subcommittee on Defense Pages H1248±49 held a hearing on fiscal year 2000 Navy/Marine House agreed to H. Res. 103, the rule that pro- Corps Budget Review. Testimony was heard from vided for consideration of the concurrent resolution the following officials of the Department of the by a recorded vote of 218 ayes to 201 noes, Roll No. Navy: Richard Danzig, Secretary; Adm. Jay L. John- 46. Earlier, agreed to order the previous question by son, USN, Chief of Naval Operations; and Gen. a yea and nay vote of 218 yeas to 201 nays, Roll Charles C. Krulak, USMC, Commandant of the Ma- No. 45. Pages H1179±89 rine Corps. March 11, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D263 ENERGY AND WATER DEVELOPMENT DEFENSE BUDGET REQUESTS APPROPRIATIONS Committee on Armed Services: Held a hearing on the Committee on Appropriations: Subcommittee on Energy various combatant commanders-in-chief (CINC’s) on and Water Development held a hearing on Energy their geographic areas of responsibility and assess the Resources and Science. Testimony was heard from impact of the fiscal year 1999 defense budget re- the following officials of the Department of Energy: quest on their respective missions. Testimony was Dan Reicher, Assistant Secretary, Office of Energy heard from the following officials of the Department Efficiency and Renewable Energy; William D. of Defense: Walter B. Slocome, Under Secretary Magwood, IV, Director, Office of Nuclear Energy, (Policy) and Gen. Anthony C. Zinni, USMC, Com- Science and Technology; and Martha Krebs, Direc- mander in Chief, U.S. Central Command. tor, Office of Science. DOMESTIC TERRORISM—FEDERAL FOREIGN OPERATIONS APPROPRIATIONS RESPONSE Committee on Appropriations: Subcommittee on Foreign Committee on Armed Services: Subcommittee on Mili- Operations, Export Financing and Related Programs tary Research and Development held a hearing on held a hearing on Security Assistance. Testimony was the federal response to domestic terrorism involving heard from John D. Holum, Acting Under Secretary, weapons of mass destruction—increasing the effec- Arms Control and International Security Affairs, De- tiveness of the domestic emergency preparedness pro- partment of State; and James Bodner, Principal Dep- gram. Testimony was heard from the following offi- uty Under Secretary, Policy, Department of Defense. cials of the Department of Defense: Charles L. INTERIOR APPROPRIATIONS Cragin, Acting Assistant Secretary, Reserve Affairs; Delores M. Etter, Deputy Under Secretary, Science Committee on Appropriations: Subcommittee on Interior and Technology; Raymond Dominguez, Deputy As- held a hearing on the Smithsonian. Testimony was sistant Secretary (Forces and Resources), Office of the heard from I. Michael Heyman, Secretary, Smithso- Assistant Secretary (Special Operations and Low In- nian Institution. tensity Conflict); and Major. Gen. John Doesburg, LABOR-HHS-EDUCATION USA, Commander, U.S. Army Soldier and Biological APPROPRIATIONS Chemical Command; and Page Stoutland, Director, Committee on Appropriations: Subcommittee on Labor, Chemical and Biological Nonproliferation Program, Health and Human Services, and Education held a Department of Energy. hearing on Postsecondary Education, and Special In- FINANCIAL SERVICES ACT stitutions for the Disabled, and on Secretary of Committee on Banking and Financial Services: Ordered Labor. Testimony was heard from the following offi- reported amended the Financial Services Act of cials of the Department of Education: Judith E. 1999. Heumann, Assistant Secretary, Special Education and Rehabilitative Services; Robert R. Davila, Vice Presi- DEFENSE BUDGET dent, National Technical Institute for the Deaf, Committee on the Budget: Held a hearing on ‘‘The Rochester Institute of Technology; and Tuck Clinton Defense Plan: Shipshape or Treading Tinsley, III, President, American Printing House for Water?’’ Testimony was heard from the following of- the Blind. ficials of the Department of Defense: John J. Hamre, MILITARY CONSTRUCTION Deputy Secretary; and William J. Lynn, III, Under APPROPRIATIONS Secretary, Comptroller; and public witnesses. Committee on Appropriations: Subcommittee on Mili- EXXON-MOBIL MERGER tary Construction held a hearing on Navy Construc- Committee on Commerce: Subcommittee on Energy and tion. Testimony was heard from Robert B. Pirie, As- Power concluded hearings on the Exxon-Mobil sistant Secretary of the Navy, (Installations and Envi- merger. Testimony was heard from public witnesses. ronment), Department of Defense. ‘‘DATE RAPE’’ DRUGS VA-HUD-INDEPENDENT AGENCIES Committee on Commerce: Subcommittee on Oversight APPROPRIATIONS and Investigations held a hearing on ‘‘Date Rape’’ Committee on Appropriations: Subcommittee on VA, Drugs. Testimony was heard from Representative HUD, and Independent Agencies continued hearings Jackson-Lee; the following officials of the Depart- on Department of Housing and Urban Development. ment of Health and Human Services: Nicholas Reu- Testimony was heard from Andrew M. Cuomo, Sec- ter, Associate Director, Domestic and International retary of Housing and Urban Development. Drug Control, Office of Health Affairs, FDA; and D264 CONGRESSIONAL RECORD — DAILY DIGEST March 11, 1999 Stephen Zukin, M.D., Director, Clinical and Services and Freedom through Encryption (SAFE) Act; H.R. Research, National Institute on Drug Abuse, NIH; 769, Madrid Protocol Implementation Act; and H.R. the following officials of the Department of Justice: 771, to amend rule 30 of the Federal Rules of Civil Terrance W. Woodworth, Deputy Director, Office of Procedure to restore the stenographic preference for Diversion Control, DEA; and Patricia Maher, Civil recording depositions; and H.R. 1027, amended, Division; and public witnesses. Satellite Television Improvement Act. SCHOOL VIOLENCE OVERSIGHT—JUVENILE JUSTICE Committee on Education and the Workforce: Subcommit- Committee on the Judiciary: Subcommittee on Crime tee on Early Childhood, Youth, and Families held a concluded oversight hearings on putting con- hearing on School Violence: Protecting our Children. sequences back into juvenile justice, Federal, State, Testimony was heard from Mark Rosenberg, M.D., and local efforts. Testimony was heard from Rep- Director, National Center for Injury Prevention and resentative Mike Lawlor, member, House of Rep- Control, Centers for Disease Control and Prevention, resentatives, State of Connecticut; Judge Patricia Department of Health and Human Services; and West, Juvenile and Domestic Relations District public witnesses. Court, Virginia Beach; and Judge Richard D. Taylor, Juvenile and Domestic Relations District Court, MISCELLANEOUS MEASURES Richmond, both with the State of Virginia; and Committee on Government Reform: Subcommittee on public witnesses. Census approved for full Committee action the fol- lowing bills: H.R. 928, 2000 Census Mail Outreach OVERSIGHT—IMPACT OF IMMIGRATION Improvement Act; H.R. 929, 2000 Census Language Committee on the Judiciary: Subcommittee on Immi- Barrier Removal Act; H.R. 1009, to authorize the gration and Claims also held an oversight hearing on awarding of grants to cities, counties, tribal organi- the impact of immigration on low-skilled American zations, and certain other entities for the purpose of workers and on American minority communities. improving public participation in the 2000 decen- Testimony was heard from public witnesses. nial census; and H.R. 1010, to improve participation OVERSIGHT in the 2000 decennial census by increasing the amounts available to the Bureau of the Census for Committee on Resources: Subcommittee on Fisheries marketing, promotion, and outreach. Conservation, Wildlife and Oceans held a hearing on the reauthorization of the Yukon River Salmon Act, COMBATTING TERRORISM—GAO VIEWS the Fishermen’s Protective Act of 1967, and the Committee on Government Reform: Subcommittee on Intergovernmental Consultative Committee Agree- National Security, Veterans’ Affairs, and Inter- ment Between the Government of the United States national Relations held a hearing on ‘‘Government- and the Government of the Union of Soviet Socialist wide Spending to Combat Terrorism: GAO Views Republics on Mutual Fisheries Relations of May 31, on the President’s Annual Report’’. Testimony was 1988. Testimony was heard from Mary Beth West, heard from the following officials of the National Se- Deputy Assistant Secretary, Oceans, Fisheries and curity and International Affairs Division, GAO: Space, Department of State; Rowan Gould, Deputy Henry L. Hnton, Jr., Assistant Comptroller; and Assistant Director, Fisheries, U.S. Fish and Wildlife Davi M. D’Agostino, Assistant Director, National Service, Department of the Interior; and Gary Security Analysis. Matlock, Chief, Sustainable Fisheries Office, Na- tional Marine Fisheries Service, Department of Com- TIBETAN UPRISING—40TH merce. ANNIVERSARY—DALAI LAMA’S PLIGHT MISCELLANEOUS MEASURES Committee on International Relations: Held a hearing on U.S. Policy Considerations on the Fortieth Anniver- Committee on Resources: Subcommittee on National sary of the Tibetan Uprising and the Dalai Lama’s Parks and Public Lands held a hearing on the fol- Flight into Exile. Testimony was heard from Julia V. lowing bills: H.R. 66, to preserve the cultural re- Taft, Assistant Secretary, Population, Refugees, and sources of Route 66 Corridor and to authorize the Migration, Department of State; and public wit- Secretary of the Interior to provide assistance; and nesses. H.R. 659, to authorize appropriations for the protec- tion of Paoli and Brandywine Battlefields in Penn- MISCELLANEOUS MEASURES sylvania, to direct the National Park Service to con- Committee on the Judiciary: Subcommittee on Courts duct a special resource study of Paoli and Brandy- and Intellectual Property approved for full Commit- wine Battlefields, to authorize the Valley Forge Mu- tee action the following bills: H.R. 850, Security seum of the American Revolution at Valley Forge March 11, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D265 National Historical Park. Testimony was heard from use of the Capitol Grounds for the 18th annual Na- Senator Specter; Representatives Wilson, Weldon of tional Peace Officers’ Memorial Service; H. Con. Res. Pennsylvania, Pitts and Hoeffel; Katherine Steven- 47, amended, authorizing the use of the Capitol son, Associate Director, Cultural Resources Steward- grounds for the Greater Washington Soap Box ship, National Parks Service, Department of the In- Derby; H. Con. Res. 48, authorizing the use of the terior; and public witnesses. Capitol Grounds for the opening ceremonies of MISCELLANEOUS MEASURES Sunrayce 99; H. Con. Res. 49, authorizing the use of the Capitol Grounds for a bike rodeo to be con- Committee on Resources: Subcommittee on Water and ducted by the Earth Force Youth Bike Summit; H. Power approved for full Committee action the fol- Con. Res. 50, authorizing the 1999 District of Co- lowing bills: H.R. 992, amended, to convey the Sly lumbia Special Olympics Law Enforcement Torch Park Dam and Reservoir to the El Dorado Irrigation Run to be run through the Capitol Grounds; and H. District; H.R. 1019, to direct the Secretary of the Con. Res. 51, expressing the sense of Congress that Interior to convey lands and interests comprising the Dr. Doan Viet Hoat is to be praised and honored for Carlsbad Irrigation Project to the Carlsbad Irrigation his commitment to fight for democratic change in District; H.R. 841, amended, Welton-Mohawk Vietnam. Transfer Act; and H.R. 862, Clear Creek Distribu- The Committee also approved an 11(b) resolution. tion System Conveyance Act. OVERSIGHT—BUDGET MISCELLANEOUS MEASURES Committee on Science: Subcommittee on Space and Aer- Committee on Transportation and Infrastructure: Sub- onautics held an oversight hearing on fiscal year committee on Economic Development, Public Build- 2000 Budget: Regulations and Operations. Testi- ings, Hazardous Materials and Pipeline Transpor- mony was heard from Keith Calhoun-Senghor, Di- tation approved for full Committee action the fol- rector, Office of Space Commercialization, Tech- lowing: H.R. 130, to designate the United States nology Administration, Department of Commerce; Courthouse located at 40 Centre Street in New Patti Grace Smith, Associate Administrator, Office York, New York as the ‘‘Thurgood Marshall United of Commercial Space Transportation, FAA, Depart- States Courthouse;’’ H.R. 751, amended, to des- ment of Transportation; Joseph Rothenberg, Associ- ignate the Federal building and United States court- ate Administrator, Office of Human Space Flight, house located at 504 Hamilton Street in Allentown, NASA; and a public witness. Pennsylvania, as the ‘‘Edward N. Cahn Federal SMALL BUSINESS ADVOCACY REVIEW Building and United States Courthouse;’’ H. Con. PANELS Res. 44, amended, authorizing the use of the Capitol Grounds for the 18th annual National Peace Offi- Committee on Small Business: Subcommittee on Regu- cers’ Memorial Service; H. Con. Res. 47, amended, latory Reform and Paperwork Reduction and the authorizing the use of the Capitol grounds for the Subcommittee on Government Programs and Over- Greater Washington Soap Box Derby; H. Con. Res. sight held a joint hearing on the Small Business Ad- 48, authorizing the use of the Capitol Grounds for vocacy Review Panels created by the Small Business the opening ceremonies of Sunrayce 99; H. Con. Regulatory Enforcement Fairness Act. Testimony Res. 49, authorizing the use of the Capitol Grounds was heard from public witnesses. for a bike rodeo to be conducted by the Earth Force MISCELLANEOUS MEASURES Youth Bike Summit; H. Con. Res. 50, authorizing Committee on Transportation and Infrastructure: Ordered the 1999 District of Columbia Special Olympics Law reported the following measures: H.R. 1000, amend- Enforcement Torch Run to be run through the Cap- ed, Aviation Investment and Reform Act for the itol Grounds; and H. Con. Res. 51, expressing the 21st Century; H.R. 130, to designate the United sense of Congress that Dr. Doan Viet Hoat is to be States Courthouse located at 40 Centre Street in praised and honored for his commitment to fight for New York, New York, as the ‘‘Thurgood Marshall democratic change in Vietnam. United States Courthouse’’; H.R. 751, amended, to The Subcommittee also approved an 11(b) resolu- designate the Federal building and United States tion. courthouse located at 504 Hamilton Street in Allen- town, Pennsylvania, as the ‘‘Edward N. Cahn Federal BUDGET VIEWS AND ESTIMATES Building and United States Courthouse;’’ H.R. 717, Committee on Veterans’ Affairs: Approved the Commit- National Parks Air Tour Management Act of 1999; tee’s Budget Views and Estimates for fiscal year H.R. 820, amended, Coast Guard Authorization Act 2000 for submission to the Committee on the Budg- of 1999; H. Con. Res. 44, amended, authorizing the et. D266 CONGRESSIONAL RECORD — DAILY DIGEST March 11, 1999 WHISTLEBLOWING AND RETALIATION Mason University School of Law, Arlington, Vir- Committee on Veterans’ Affairs: Subcommittee on Over- ginia. sight and Investigations held a hearing on whistle- f blowing and retaliation in the Department of Veter- ans Affairs. Testimony was heard from Elaine COMMITTEE MEETINGS FOR FRIDAY, Kaplan, Special Counsel, Office of Special Counsel; MARCH 12, 1999 the following officials of the Department of Veterans (Committee meetings are open unless otherwise indicated) Affairs: Richard J. Griffin, Inspector General; Eu- gene A. Brickhouse, Assistant Secretary, Human Re- Senate sources and Administration; and Leigh Bradley, Gen- Committee on Energy and Natural Resources: Subcommittee eral Counsel; and public witnesses. on Forests and Public Land Management, to hold over- sight hearings on the President’s proposed budget request DISABILITY BENEFICIARIES—BARRIERS for fiscal year 2000 for the Forest Service, Department of PREVENTING RETURN TO WORK Agriculture, 2 p.m., SD–366. Committee on Ways and Means: Subcommittee on So- Committee on the Judiciary: to hold hearings on Presi- dent’s proposed budget request for fiscal year 2000 for cial Security held a hearing on Barriers Preventing the Department of Justice, 9 a.m., SD–226. Disability Beneficiaries from Returning to Work. Testimony was heard from Representatives Johnson House of Connecticut and Ramstad; Kenneth S. Apfel, Committee on Commerce, Subcommittee on Energy and Commissioner, SSA; Cynthia M. Fagnoni, Director, Power, to continue hearings on H.R. 45, Nuclear Waste Income Security Issues, Health, Education and Policy Act of 1999, 9 a.m., 2123 Rayburn. Human Services Division, GAO; and public wit- Committee on International Relations, Subcommittee on nesses. International Operations and Human Rights, hearing on Foreign Relations Authorization for Fiscal Year BRIEFING—COX/DICKS COMMITTEE 2000–2001, 10 a.m., 2172 Rayburn, FINDINGS Committee on Small Business, hearing on S. 314, Small Permanent Select Committee on Intelligence: Met in execu- Business Year 2000 Readiness Act, 10:30 a.m., 2360 tive session to receive a briefing on Findings of the Rayburn. Cox/Dicks Committee. The Committee was briefed f by Representatives Cox and Dicks. CONGRESSIONAL PROGRAM AHEAD Joint Meetings Week of March 15 through March 20, 1999 BANKRUPTCY REFORM Senate Chamber Joint Meeting: Senate Committee on the Judiciary’s Senate will not be in session on Friday, March 12, Subcommittee on Administrative Oversight and the 1999. Courts concluded joint hearings with the House Committee on the Judiciary’s Subcommittee on Senate Committees Commercial and Administrative Law on bankruptcy (Committee meetings are open unless otherwise indicated) reform issues, after receiving testimony from Dean Committee on Armed Services: March 18, Subcommittee Sheaffer, Boscov’s Department Store, Inc., Laurel on Readiness and Management Support, to hold hearings Dale, Pennsylvania, on behalf of the National Retail on the readiness of the United States Air Force and Army Federation; Bruce L. Hammonds, MBNA America operating forces, 2 p.m., SH–216. Bank, Wilmington, Delaware; Carol J. Kenner, Committee on the Budget: March 16, business Meeting to United States Bankruptcy Judge, for the District of mark up a proposed concurrent resolution setting forth Massachusetts, Gary Klein, National Consumer Law the fiscal year 2000 budget for the Federal Government, Center, and Elizabeth Warren, Harvard Law School, 2:30 p.m., SD–608. all of Boston, Massachusetts; Larry Nuss, Cedar Falls Committee on Energy and Natural Resources: March 16, Community Credit Union, Cedar Falls, Iowa, on be- Subcommittee on Forests and Public Land Management, half of the Credit Union National Association, Inc.; to resume oversight hearings on the President’s proposed budget request for fiscal year 2000 for the Forest Service, Edith Hollan Jones, United States Court of Appeals Department of Agriculture, 2 p.m., SD–366. Judge for the Fifth Circuit, Houston, Texas, on be- March 17, Full Committee, with the Committee on half of the National Bankruptcy Review Commis- Foreign Relations, to hold joint hearings on proposals to sion; Judith Greenstone Miller, Clark Hill, Bir- expand Iraqi oil for food, 10 a.m., SD–419. mingham, Michigan, on behalf of the Commercial Committee on Environment and Public Works: March 16, Law League of America; and Todd Zywicki, George Subcommittee on Clean Air, Wetlands, Private Property, March 11, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D267 and Nuclear Safety, to hold hearings on the Environ- Wednesday, consideration of H.R. 975, to provide mental Protection Agency’s Risk Management Plan Pro- for a reduction in the volume of steel imports and gram of the Clean Air Act, 9:30 a.m., SD–406. establish an import notification and monitoring pro- March 17, Full Committee, business meeting to con- gram; and consideration of H.R. 820, Coast Guard sider pending calendar business, 9 a.m., SD–406. March 17, Full Committee, to hold hearings on loss of Authorization Act. open space and environmental quality, 10:30 a.m., Thursday, National Security briefing on the ballis- SD–406. tic missile threat and consideration of H.R. 4, Na- March 18, Full Committee, to resume hearings on loss tional Missile Defense Policy. of open space and environmental quality, 9:30 a.m., Friday, the House is not in session. SD–406. Committee on Finance: March 16, to hold hearings on So- House Committees cial Security reform proposals, including S. 263, to Committee on Agriculture, March 18. hearing to review amend the Social Security Act to establish the Personal the USDA’s implementation of disaster assistance and the Retirement Accounts Program; and S. 21, to reduce social operation of other programs, 8:30 a.m., 1300 Longworth. security payroll taxes, 10 a.m., SD–215. Committee on Appropriations, March 16, Subcommittee March 18, Full Committee, to resume hearings to ex- on Agriculture, Rural Development, Food and Drug Ad- amine spending trends in the Medicare program, the im- ministration, and Related Agencies, on Food, Nutrition, pact on those trends of Medicare savings in the Balanced and Consumer Services, 1 p.m., 2362–A Rayburn. Budget Act of 1997, and the President’s proposed budget March 16, Subcommittee on Commerce, Justice, State, request for fiscal year 2000 for Medicare, including the and Judiciary, on State and Local Law Enforcement As- fifteen-percent surplus funding proposal. Time to be an- sistance, 2 p.m., H–309 Capitol. nounced, SD–215. March 16, Subcommittee on Energy and Water Devel- Committee on Foreign Relations: March 17, with the Com- opment, on Nuclear Waste Management and Disposal, 10 mittee on Energy and Natural Resources, to hold joint a.m., 2362–B Rayburn. hearings on proposals to expand Iraqi oil for food, 10 March 16, Subcommittee on Interior, on U.S. Geologi- a.m., SD–419. cal Survey, 10 a.m., B–308 Rayburn. Committee on Governmental Affairs: March 17, to resume March 16, Subcommittee on Labor, Health and Human hearings on the future of the Independent Counsel Act, 10 a.m., SH–216. Services, and Education, on Employment and Training Committee on Health, Education, Labor, and Pensions: Administration/Veterans Employment, 10 a.m., and on March 16, to hold hearings to examine education pro- Employment Standards Administration and Mine Safety grams for the disadvantaged, 9:30 a.m., SD–430. and Health Administration, 2 p.m., 2358 Rayburn. March 17, Full Committee, business Meeting to mark March 16, Subcommittee on Transportation, on Coast up S. 326, to improve the access and choice of patients Guard Capital and Funding Requirements, 10 a.m., 2358 to quality, affordable health care, and to consider pending Rayburn. nominations, 9:30 a.m., SD–430. March 17, Subcommittee on Commerce, Justice, State, Committee on Indian Affairs: March 17, to hold hearings and Judiciary, on FBI, 10 a.m., and on U.S. Trade Rep- on S. 400, to provide technical corrections to the Native resentative, 2 p.m., H–309 Capitol. American Housing Assistance and Self-Determination Act March 17, Subcommittee on Defense, on fiscal year of 1996, to improve the delivery of housing assistance to 2000 Army Budget Overview, 10 a.m., and executive, on Indian tribes in a manner that recognizes the right of fiscal year 2000 Army Acquisition Program, 1:30 p.m., tribal self-governance, 9:30 a.m., SR–485. H–140 Capitol. Select Committee on Intelligence: March 18, to hold closed March 17, Subcommittee on Foreign Operations, on hearings on pending intelligence matters, 2 p.m., Secretary of the Treasury, 10 a.m., 2359 Rayburn. SH–219. March 17, Subcommittee on Interior, on Department Committee on Small Business: March 16, to hold hearings of Energy—Fossil Energy, 10 a.m., B–308 Rayburn. on the President’s proposed budget request for fiscal year March 17, Subcommittee on Labor, Health and Human 2000 for the Small Business Administration, 10 a.m., Services, and Education, on Occupational Safety and SR–428A. Health Administration, 10 a.m., and on Inspectors Gen- Committee on Veterans’ Affairs: March 17, to hold joint eral Panel, 2 p.m., 2358 Rayburn. hearings with the House Committee on Veterans’ Affairs March 17, Subcommittee on Military Construction, on to review the legislative recommendations of the Disabled Army Construction, 9:30 a.m., B–300 Rayburn. American Veterans, 10 a.m., 345, Cannon Building. March 18, Subcommittee on Agriculture, Rural Devel- opment, Food and Drug Administration, and Related House Chamber Agencies, on Departmental Administration/Chief Finan- cial Officer/Chief Information Officer, 10 a.m., 2362–A Monday, pro forma session. Rayburn. Tuesday, consideration of suspensions and consider- March 18, Subcommittee on Commerce, Justice, State, ation of H.R. 819, Federal Maritime Commission and the Judiciary, on International Organizations and Authorization Act. Peacekeeping, 2 p.m., H–309 Capitol. D268 CONGRESSIONAL RECORD — DAILY DIGEST March 11, 1999

March 18, Subcommittee on Defense, executive, on hearing on Impact Aid: Keeping the Federal Promise, 2 Military Readiness, 9:30 a.m., H–140 Capitol. p.m., 2175 Rayburn. March 18, Subcommittee on Energy and Water Devel- March 17, Subcommittee on Employer-Employee Rela- opment, executive, on Atomic Energy Defense Activities, tions, hearing on Impediments to Union Democracy: 10 a.m., 2362–B Rayburn. Public and Private Sector Workers Under the Labor Man- March 18, Subcommittee on Interior, on National Park agement Reporting and Disclosure Act, 11 a.m., 2175 Service, 10 a.m., B–308 Capitol. Rayburn. March 18, Subcommittee on Labor, Health and Human March 18, Subcommittee on Early Childhood, Youth, Service, and Education, on Social Security Administration and Families, hearing on Juvenile Justice and Delin- and Gallaudet University, 10 a.m., and on Institute of quency Prevention Act: Preventing Juvenile Crime at Museum and Library Services and Railroad Retirement School and in the Community, 11:15 a.m., 2175 Ray- Board, 2 p.m., 2358 Rayburn. burn. March 18, Subcommittee on Transportation, on Sec- Committee on Government Reform, March 15, Subcommit- retary of Transportation, 10 a.m., 2358 Rayburn. tee on Government Management, Information, and Tech- March 18, Subcommittee on Treasury, Postal Service, nology and Subcommittee on Technology of the Science and General Government, on Secretary of the Treasury, Committee, joint hearing on ‘‘Will the Department of 10 a.m., and on Customs Integrity, 2 p.m., 2359 Ray- Transportation and FAA be Ready for the Year 2000?’’, burn. 10 a.m., 2154 Rayburn. March 18, Subcommittee on VA, HUD, and Independ- March 18, Subcommittee on Criminal Justice, Drug ent Agencies, on Office of Science and Technology Policy, Policy, and Human Resources, hearing on Overview of 9:30 a.m., and on Department of Defense-Civil, Cemetery Agency Efforts to Prevent and Treat Drug Abuse, 1 p.m., Expenses, and Army, 10:30 a.m., H–143 Capitol. 2247 Rayburn. Committee on Armed Services, March 16, Subcommittee March 18, Subcommittee on National Security, Veter- on Military Installations and Facilities, hearing on long- ans’ Affairs, and International Relations, oversight hearing term planning for military infrastructure and installations to examine critical issues facing the nation’s veterans, management requirements, 1 p.m., 2212 Rayburn. 9:30 a.m., 2154 Rayburn. March 16, Subcommittee Special Oversight Panel on Committee on House Administration, March 16, to con- the Merchant Marine, hearing on the fiscal year 2000 sider the Omnibus Committee Funding Resolution of the Maritime Administration authorization request and fiscal 106th Congress, 1:30 p.m., 1310 Longworth. year 2000 (first quarter) Panama Canal Commission au- Committee on International Relations, March 16, Sub- thorization request, 1 p.m., 2216 Rayburn. committee on International Economic Policy and Trade, March 17, full committee, hearing on U.S. policy in hearing on Leveling the Playing Field and Opening Mar- the Balkans, 10 a.m., 2118 Rayburn. kets: Negotiating a WTO Agricultural Agreement, 1:30 March 17, Subcommittee on Military Personnel, hear- p.m., 2255 Rayburn. ing on the report of the Congressional Commission on March 17, full Committee, to consider the following: Military Training and Gender-Related Issues as required The Microenterprise for Self Reliance Act; H. Res. 59, by the National Defense Authorization Act for fiscal year expressing the sense of the House of Representatives that 1998, 1 p.m., 2118 Rayburn. the United States remains committed to the North Atlan- March 17, Subcommittee on Military Readiness, hear- tic Treaty Organization (NATO); H. Res. 99, expressing ing on Armed Forces Retirement Home, 1 p.m., 2212 the sense of the House of Representatives regarding the Rayburn. human rights situation in Cuba; and H. Con. Res. 35, March 18, Subcommittee on Military Personnel, hear- congratulating the State of Qatar and its citizens for their ing on recruiting issues, 11 a.m., 2212 Rayburn. commitment to democratic ideals and women’s suffrage March 18, Subcommittee on Military Readiness, hear- on the occasion of Qatar’s historic elections of a central ing on the shipment of household goods, 11 a.m., 2118 municipal council on March 8, 1999, 3:30 p.m., 2172 Rayburn. Rayburn. Committee on Commerce, March 16, Subcommittee on March 17, Subcommittee on Asia and the Pacific, hear- Health and Environment, hearing on Women’s Health: ing on U.S. Policy Challenges in the Central Asian Re- Raising Awareness of Cervical Cancer, 2:30 p.m., 2322 publics, 1 p.m., 2200 Rayburn. Rayburn. March 18, Subcommittee on Africa, hearing on Debt March 17, Subcommittee on Telecommunications, Relief for Africa, 11 a.m., 2172 Rayburn. Trade, and Consumer Protection, oversight hearing on re- Committee on the Judiciary, March 16, 17 and 18, Sub- authorization of the FCC, 10 a.m., 2123 Rayburn. committee on Commercial and Administrative Law, hear- March 18, Subcommittee on Energy and Power, hear- ings on H.R. 833, Bankruptcy Reform Act of 1999, 10 ing on Electricity Competition: Evolving Federal and a.m., on March 16 and 17 and 11 a.m., on March 18, State Roles, 11 a.m., 2123 Rayburn. 2141 Rayburn. March 18, Subcommittee on Finance and Hazardous March 18, Subcommittee on Courts and Intellectual Materials, hearing on the Bond Price Competition Im- Property, hearing on H.R. 354, Collections of Informa- provement Act of 1999, 11 a.m., 2322 Rayburn. tion Antipiracy Act, 11 a.m., 2226 Rayburn. Committee on Education and the Workforce, March 17, March 18, Subcommittee on Immigration and Claims, Subcommittee on Early Childhood, Youth, and Families, to mark up H.R. 441, Nursing Relief for Disadvantaged March 11, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D269

Areas Act of 1999; and to hold an oversight hearing on thorization Request: Environmental Protection Agency illegal immigration, 11 a.m., 2237 Rayburn. Research and Development, 11:30 a.m., 2318 Rayburn. Committee on Resources, March 16, Subcommittee on For- Committee on Transportation and Infrastructure, March 17, ests and Forest Health, oversight hearing on Committee Subcommittee on Ground Transportation, hearing on of Scientists—National Forest Planning, 2 p.m., 1334 Oversight of the Office of Motor Carriers, 10 a.m., 2167 Longworth. Rayburn. March 17, full committee, to consider pending busi- March 18, Subcommittee on Aviation, to continue ness, 11 a.m., 1324 Longworth. hearings on the following bills: H.R. 700, Airline Pas- March 18, hearing on H.R. 883, to preserve the sov- senger Bill of Rights Act of 1999, H.R. 780, Passenger ereignty of the United States over public lands and ac- Entitlement and Competition Enhancement Act of 1999, quired lands owned by the United States, and to preserve and H.R. 908, Aviation Consumer Right to Know Act State sovereignty and private property rights in non-Fed- eral lands surrounding those public lands and acquired of 1999, 10 a.m., 2167 Rayburn. lands, 1:30 p.m., 1324 Longworth. Committee on Veterans’ Affairs, March 18, to mark up March 18, Subcommittee on Fisheries Conservation, H.R. 70, Arlington National Cemetery Burial Eligibility Wildlife and Oceans, to mark up the Coastal Zone Man- Act, 9:30 a.m., 334 Cannon. agement Reauthorization; followed by an oversight hear- Committee on Ways and Means, March 16, Subcommittee ing on the fiscal year 2000 budget request of the Na- on Human Resources, hearing on Federal Resources tional Oceanic and Atmospheric Administration and the Available for Child Care, 1 p.m., B–318 Rayburn. National Marine Fisheries Service, 2:30 p.m., 1334 Long- March 18, Subcommittee on Health, hearing on the worth. Medicare+Choice Program, 11 a.m., 1100 Rayburn. March 18, Subcommittee on National Parks, and Pub- March 18, Subcommittee on Oversight, hearing on Tax lic Lands, to mark up pending business, 10 a.m., 1334 Treatment of Structured Settlements, 1 p.m., B–318 Ray- Longworth. burn. Committee on Science, March 16, Subcommittee on Basic Research, oversight hearing on Information Technology Joint Meetings for the 21st Century, 2 p.m., 2318 Rayburn. Joint Meetings: March 17, Senate Committee on Veter- March 17, full Committee, oversight hearing on Why ans’ Affairs, to hold joint hearings with the House Com- and How you should learn Math and Science? 10 a.m., 2318 Rayburn. mittee on Veterans’ Affairs to review the legislative rec- March 18, Subcommittee on Energy and the Environ- ommendations of the Disabled American Veterans, 10 ment, oversight hearing on fiscal year 2000 Budget Au- a.m., 345 Cannon Building. D270 CONGRESSIONAL RECORD — DAILY DIGEST March 11, 1999

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 Noon, Monday, March 15 2 p.m., Monday, March 15

Senate Chamber House Chamber Program for Monday: After the recognition of six Sen- Program for Monday: Pro Forma Session. ators for speeches and the transaction of any morning business (not to extend beyond 3 p.m.), Senate will re- sume consideration of S. 257, National Missile Defense Act.

Extensions of Remarks, as inserted in this issue

HOUSE Goodlatte, Bob, Va., E412 Pelosi, Nancy, Calif., E423 Green, Gene, Tex., E419 Phelps, David D., Ill., E421 Abercrombie, Neil, Hawaii, E425 Hinojosa, Rube´n, Tex., E407 Porter, John Edward, Ill., E400, E402 Archer, Bill, Tex., E411 Hunter, Duncan, Calif., E419 Portman, Rob, Ohio, E405, E409 Bachus, Spencer, Ala., E407 Johnson, Eddie Bernice, Tex., E408 Quinn, Jack, N.Y., E406 Bliley, Tom, Va., E411 Kaptur, Marcy, Ohio, E421 Radanovich, George, Calif., E406, E409 Brown, George E., Jr., Calif., E412 Kildee, Dale E., Mich., E400, E403, E403 Rangel, Charles B., N.Y., E399 Burr, Richard, N.C., E413 Lantos, Tom, Calif., E418 Roybal-Allard, Lucille, Calif., E407, E409 Conyers, John, Jr., Mich., E422 Lazio, Rick, N.Y., E401 Salmon, Matt, Ariz., E423 Cox, Christopher, Calif., E405 Lee, Barbara, Calif., E399, E402 Sanders, Bernard, Vt., E422 Crowley, Joseph, N.Y., E418, E421 Levin, Sander M., Mich., E414 Schaffer, Bob, Colo., E410 Dunn, Jennifer, Wash., E405, E417 Luther, Bill, Minn., E401, E403 Smith, Christopher H., N.J., E406, E408 Edwards, Chet, Tex., E403 McCarthy, Karen, Mo., E418 Sweeney, John E., N.Y., E404 Eshoo, Anna G., Calif., E401 McInnis, Scott, Colo., E419 Thompson, Bennie G., Miss., E400, E402 Filner, Bob, Calif., E413, E417 Mink, Patsy T., Hawaii, E400, E402 Towns, Edolphus, N.Y., E405, E406, E409, E410, E413, Frank, Barney, Mass., E412 Neal, Richard E., Mass., E404 E415 Frelinghuysen, Rodney P., N.J., E423 Ney, Robert W., Ohio, E403 Weiner, Anthony D., N.Y., E407, E409 Gilman, Benjamin A., N.Y., E411, E414 Paul, Ron, Tex., E420 Whitfield, Ed, Ky., E420

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