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March 11, 1999 CONGRESSIONAL RECORD—SENATE 4179 SENATE—Thursday, March 11, 1999

The Senate met at 12 noon and was Under the order, there will be 45 min- agreed to cede land and political au- called to order by the President pro utes for debate on the resolution with thority to the Palestinians. It is the tempore [Mr. THURMOND]. time controlled by Senators most important and fundamental Pal- BROWNBACK and WELLSTONE. estinian commitment, and it PRAYER At the conclusion of the debate time, undergirds the entire peace process. The Chaplain, Dr. Lloyd John the Senate will resume consideration And yet it is this very principle that Ogilvie, offered the following prayer: of S. 280, the education flexibility bill, Chairman Arafat now threatens to Almighty God, like the signers of the with the time until 2 p.m. equally di- abandon. Over the past several months Declaration of Independence, we pledge vided between the chairman and the he has repeatedly threatened to unilat- to You and to our Nation our lives, our ranking member. erally declare a Palestinian state over fortunes, and our sacred honor. We con- At 2 p.m., under a previous order, the the entire West Bank and the Gaza fess that it is a lot easier for us to say Senate will proceed to a stacked series Strip, with the eastern part of Jeru- that than for the 56 men who placed of rollcall votes. The first vote will be salem as its capital. their signatures on that historic liber- on adoption of Senate Concurrent Res- Mr. President, this issue touches the ating document. We reflect thought- olution 5, to be followed by votes on core of the Israel-Palestinian conflict fully that few were long to survive. amendments pending to the Ed-Flex as the question of the permanent sta- Five were captured, tortured, and later bill. The final vote in the sequence will tus of the Palestinian entity. What will died. Twelve had their homes ran- be on the passage of the bill. be its final borders? Will there be lim- sacked, looted, occupied by enemy sol- Following the stacked series of votes, its on its sovereignty? Will it be al- diers, or burned. Two lost sons in the it may be the leader’s intention to lowed to have a military, to possess Army. One had two sons captured. Nine begin consideration of Calendar No. 16, jets and tanks and missiles, to enter died of hardships. Thomas McKean of S. 257, a bill regarding the deployment into foreign alliances with the likes of Delaware was so harassed that he had of a missile defense system. Iraq or Iran or Libya? All these ques- to move his family five times and yet I thank my colleagues for their at- tions need to be bilaterally negotiated served in Congress without pay, his tention. between Israel and the Palestinians so family living in poverty and hiding. f that Israel’s security can be assured. Thomas Nelson, Jr. of Virginia com- You can just imagine what happens CONGRESSIONAL OPPOSITION TO mitted his own estate to pay back the day after a unilateral declaration. THE UNILATERAL DECLARATION loans of the Government for $2 million Palestinian security forces begin pa- OF A PALESTINIAN STATE and was never paid back. And we re- trolling an area that they now consider member John Hancock’s courage was The PRESIDING OFFICER (Mr. FITZ- part of an independent state but that is as large in commitment of his funds as GERALD). The clerk will report the part of the area that Israel has had se- his signature was on the Declaration. pending business. curity control over. Israel would un- Father, remind us that freedom is The bill clerk read as follows: doubtedly have to take steps to provide not free. May we do our work today A concurrent resolution (S. Con. Res. 5) ex- for the safety of its citizens. Tension with profound gratitude, but it is You pressing congressional opposition to the uni- will mount quickly, leading inevi- we give the praise. Thank You for lateral declaration of a Palestinian state and tably—and rapidly—to a quick descent women and men in every period of our urging the President to assert clearly United into violence and bloodshed. States opposition to such a unilateral dec- And consider for a moment what the history who really had to give up their laration of statehood. lives, offer up their fortunes, and keep Palestinians have already achieved in their sacred honor with costly patriot- The Senate proceeded to consider the the peace process. Five years ago at ism. God, bless America with women concurrent resolution. this time, not one Palestinian living in and men like that today and start with Mr. BROWNBACK. Mr. President, I the Gaza Strip or on the West Bank each of us now. In Your holy name. yield myself such time as I may con- lived under Palestinian civilian au- Amen. sume. Under the previous order, I be- thority. Today, 98 percent have their lieve there are 45 minutes equally di- own executive branch, democratically- f vided between myself and Mr. elected legislature, and courts. They RECOGNITION OF THE ACTING WELLSTONE on this debate. have their own educational system, MAJORITY LEADER At the very start of the Oslo peace their own broadcasting authority, their process between Israel and the Pal- own airport, their own travel docu- The PRESIDENT pro tempore. The estinians, PLO Chairman Yasser Arafat ments, their own flag and anthem. able acting majority leader is recog- wrote a letter to then Israeli Prime They have full control over virtually nized. Minister Yitzhak Rabin in which he the entire Gaza Strip and ten percent f stated this: ‘‘The PLO commits itself of the West Bank, including all major THE CHAPLAIN’S PRAYER to the Middle East peace process, and population centers, and civilian au- to a peaceful resolution of the conflict thority over another seventeen per- Mr. BROWNBACK. What a beautiful between the two sides, and declares cent. And that is even before the start prayer and beautiful way to start the that all outstanding issues relating to of final status negotiations. There has day. permanent status will be resolved been much progress. f through negotiations.’’ That letter was So why does Arafat make such a dated September 9, 1993, and it led to threat? Why jeopardize the entire SCHEDULE the ceremony on the White House lawn peace process? On May 4, the five-year Mr. BROWNBACK. Mr. President, 4 days later that publicly launched the period that began with the signing of today the Senate will begin consider- peace process. the first agreement between Israel and ation of Senate Concurrent Resolution Indeed, it was on the basis of the the Palestinians ends. It had been 5, a concurrent resolution relating to words that Chairman Arafat wrote that hoped that by that point all final sta- congressional opposition to the unilat- Israel agreed to enter into the negotia- tus negotiations would have been com- eral declaration of a Palestinian state. tions. It was on that basis that Israel pleted. But it should be noted that

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

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 4180 CONGRESSIONAL RECORD—SENATE March 11, 1999 none of the agreements signed between We should not pay Mr. Arafat for not record is very weak. I think the Presi- Israel and the Palestinians—Oslo I, doing something which he should not dent is trying to do the right thing in Oslo II, the agreement on redeploy- have threatened to do in the first the Mideast. I went, in part, because I ment in the city of Hebron, and the place. We should have only one mes- thought this was a commitment that Wye River Accord were negotiated by sage: To make a unilateral declaration the President was living up to, which the hoped for date. Still, the nego- of statehood is wrong, we will not rec- he had made, regarding the Wye River tiators stuck to it until agreements ognize it, and we urge you not to go agreement. were hammered out. That is exactly forward with it, but instead to return It was a very moving trip. I thought what should occur now. The peace to the process that has gotten us this it was especially significant. I am con- process is much too important to be far to date—the peace process. That is vinced that the historians will write held hostage to an arbitrary date. the only course which holds a promise about what happened in Gaza when the Some say that Arafat will back down of meeting the legitimate aspirations Palestinian National Council went on and not carry out this threat, or that of the Palestinian people while pro- record voting to revoke that part of he will postpone the date. I certainly viding the people of Israel what they their charter that called for the de- hope that is right. But listen to these have yearned for in the past 50 years: struction of Israel. That can only be a words of his closest associate which peace with security. step forward. It was very moving to be were spoken as recently as February Mr. President, we have a number of there when that vote took place. I just 22, less than 3 weeks ago. He said, speakers on our side, and I know Sen- think that it raised the benchmark in We . . . assure the whole world that the es- ator WELLSTONE does as well. terms of where we are going in the tablishment of the independent state of Pal- Before I yield the floor, I ask unani- peace process. I thought it was a ter- estine, with holy as its capital, is mous consent to add Senators KYL, ribly important step that was taken. a sacred and legitimate right of the Pales- Now we really wait to see what will tinian people. It is a goal that our people ROBB, ABRAHAM and MOYNIHAN as co- sponsors of S. Con. Res. 5. Their names happen in Israel. There are key elec- will not accept to abdicate or to give up no tions. It is my hope that both Israel matter what the difficulties. appear to have been inadvertently and the Palestinians will live up to a Palestinian Authority Minister Nabil omitted in the printed RECORD. The PRESIDING OFFICER. Without commitment that I think is so impor- Shaath said on February 9, ‘‘Our posi- tant to people all over the world. If tion concerning our right to declare a objection, it is so ordered. Mr. BROWNBACK. Mr. President, I there is not some political settlement, state on the fourth of May has not if there is not some resolution of this changed. Any opposition to this right reserve the remainder of our time. Mr. WELLSTONE addressed the conflict, I fear that Israeli children and is rejected.’’ Palestinian children will be killing Eleven days later, on February 20, he Chair. each other for generations to come. continued on the same line, stating, The PRESIDING OFFICER. The Sen- ator from Minnesota is recognized. My final point is that I would like to ‘‘We are moving forward in our prep- make this a part of the Senate record, arations for the day, May 4, the date of Mr. WELLSTONE. Mr. President, I shall be relatively brief, and then I will and that is why I wanted to speak the declaration of the Palestinian briefly about this. I do not believe that ask Senator WYDEN, who is a cosponsor state.’’ A few weeks earlier, in January our support for this resolution should of this year, he indicated that the dec- of this resolution, to really manage the rest of the time for Democrats. He is be construed as the U.S. Senate taking laration of independence would, in his a one-sided point of view. I think we words, ‘‘delineate the borders of the really the person who has taken the lead in the Senate on this, and he cer- should be evenhanded. I think the role Palestinian state as being the borders of our Government is to encourage tainly should have the most time to of June 4, 1967, including all of the both parties to be committed to this talk about the resolution and the im- West Bank, Gaza Strip, and the part of peace process. Jerusalem that was on the Jordanian portance of it. I think the role of the U.S. Govern- Mr. President, I will make a couple of side of the armistice.’’ ment is to have credibility with both points. One of them is very much in So it is clear that the Palestinians parties and to simply say that this agreement with my colleague from are still considering their options. really is the only step that can be Kansas, having to do with the impor- Chairman Arafat should know, there- taken, and the only step that can be tance of the peace process. fore, that the Congress of the United taken is a political settlement. States strongly urges him not to pur- First, let me say that I think this So let me just make it clear, as rank- sue this reckless course, but to live up resolution, which calls on the Palestin- ing minority member of this com- to his own words and his own funda- ians not to unilaterally declare an mittee, that this resolution is a ter- mental commitment to negotiate this independent state, is an important res- ribly important resolution. I thank my most complicated and important issue olution. It is one which I certainly sup- colleagues for their leadership on this bilaterally with Israel. That is the only port. I support this resolution because question, but I also want to make it true path to a final and lasting peace, I think that whatever ultimately is de- clear that I believe it is important for which is what we all see. cided about whether or not there is or the U.S. Senate to maintain an even- He should know that the Congress of is not an independent Palestinian handed approach and to do everything the stands strongly in state, that is to be decided by Israel we can to encourage this peace process opposition to a unilateral declaration. and the Palestinians. That is a part of to go forward, to do everything we can This resolution expresses that opposi- the negotiation, part of where this to encourage both parties to be a part tion to a unilateral declaration, and it peace process has to go in terms of of this peace process. And I believe urges the President to make clear to dealing with these kinds of difficult that is what this resolution does. Chairman Arafat that we will not rec- questions. It would be a tragic mistake I will reserve the remainder of the ognize a unilaterally declared state. for there to be a unilateral declaration time on our side. I will ask my col- We should be very clear on this point. of a Palestinian state now. It would be league, Senator WYDEN from Oregon, to This is a matter of principle. We should a tragic mistake. I think this resolu- please manage this bill forthwith. not be relieved if Mr. Arafat arises on tion really says that in a fairly strong I ask unanimous consent that John May 4 and says, ‘‘We will postpone this and firm way. Bradshaw, a fellow in my office, be al- decision until December 31.’’ A unilat- Second of all, let me just say that I lowed to be on the floor of the Senate eral declaration, whenever it would did have a chance, in December, to go for the rest of the day. occur, would be wrong. The status of to Israel with President Clinton. I have The PRESIDING OFFICER. Without the territories controlled by the Pales- been a critic of the President on any objection, it is so ordered. tinian Authority can only be deter- number of different issues, especially Mr. ASHCROFT addressed the Chair. mined through negotiations with when it comes to human rights ques- The PRESIDING OFFICER. The Sen- Israel. Period. tions. I think the administration’s ator from Missouri is recognized.

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4181 Mr. ASHCROFT. Mr. President, I rise leash a new uprising against Israel. He sored legislation to sanction the Syr- today in strong support of S. Con. Res. has described the peace accords as a ian Government for its support of ter- 5 expressing congressional opposition temporary truce. The Palestinian rorism, but the Asdministration has to the unilateral declaration of a Pal- Authority’s official media arm, the opposed the bill for the past 2 years. estinian state. Yasser Arafat and other Palestinian Broadcasting Corporation, As Israel faces each of these threats, senior Palestinian leaders repeatedly consistently broadcasts incitement it must determine finally what steps in have threatened to declare a Pales- against Israel, including a children’s the peace process preserve and enhance tinian state on May 4, the original program where martyrdom as ‘‘suicide its security. American policy has been deadline for completion of the Oslo warriors’’ is glorified. Mr. Arafat has most successful in the region when it peace process. Along with other dif- not been helpful in resolving Israeli has respected this fact. A unilateral ficult issues such as the status of Jeru- MIA cases, including the case of declaration of a Palestinan state un- salem, refugees, and water rights, the Zachary Baumel, missing since 1982. doubtedly would upset futures peace issue of a Palestinian state should be This is not the behavior of a respon- talks and introduce a destablizing ele- determined in ‘‘final status’’ negotia- sible partner in the sear for peace. The ment into Middle Eastern politics. The tions between Israel and the Palestin- United States should be demanding full Administration has said it opposes uni- ians. accountability for these violations of lateral acts by either side in the peace Recognizing the security threat the Oslo Accord. process, but neutral statements are not posed to Israel from a self-contained Too often, we have been seen as pres- good enough when it comes to sup- Palestinian entity, President Reagan suring our friends and rewarding those porting a friend like Israel in a dan- wisely enunciated the U.S. policy of op- who undermine the peace process, both gerous region. Our leadership must be posing the creation of a Palestinian in our dealings with the Palestinian more consistent and forthright in oppo- state. Behind President Reagan’s pol- Authority and our diplomacy through- sition to the unilateral declaration of a icy on Palestinian statehood was his out the Middle East. Palestinian state. correct understanding that Israel, to Palestinian Violations of the Wye Mr. WYDEN addressed the Chair. ensure its own security, must be able Accord: In spite of Palestinian viola- The PRESIDING OFFICER. The Sen- to determine how and in what form a tions of the Wye Accord, the latest ator from Oregon. Palestinian state comes to exist. The agreement in the peace process, State Mr. WYDEN. Mr. President, how Reagan policy has endured since 1982 Department spokesman James Rubin much time is left on our side? and has served the interests of the said Palestinian leaders had ‘‘worked The PRESIDING OFFICER. Seven- United States, Israel, and all other ear- hard’’ to fulfill their commitments. teen minutes 33 seconds. nest supporters of peace in the Middle Rubin then emphasized ‘‘It is the Mr. WYDEN. Thank you, Mr. Presi- East. Israelis who have not fulfilled any of dent. But the winds of change have been their Phase Two obligations by failing Mr. President, I am going to speak blowing in the past year. The First to pull back the further redeployment for a few minutes, and then I am going Lady was quoted in The New York Times as required by Phase Two’’ (January 6, to yield some of our time to the Sen- in May 1998 as stating that ‘‘it will be 1999). ator from New Jersey, the cosponsor of in the long-term interest of the Middle Iran poses a military and terrorist this resolution who has very strong East for to be a state’’ (May threat to Israel: Iran’s ballistic missile feelings on this matter as well. We ap- 7, 1988, New York Times). President Clin- and weapons of mass destruction pro- preciate him coming over, as well, this ton’s trip to Gaza last December added grams are a direct threat to Israel. The morning. a great deal of momentum to Pales- Senate passed the Iran Missile Pro- Mr. President, a unilateral declara- tinian statehood. tion of Palestinian statehood is irre- In other parts of the world, implicit liferation Sanctions Act (H.R. 2709) to policy shifts and diplomatic overtures sanction missile proliferation to Iran sponsible political brinksmanship, a may pass without much notice. But we by a 90–4 vote last year, but the Presi- provocative act that literally dares the have to remember that Israel is in one dent vetoed the legislation. Iran sup- State of Israel to respond, and it di- of the most dangerous and unstable re- ports terrorist groups which have rectly contravenes the spirit of the his- gions of the world. In the Middle East, killed Americans and Israelis, yet the toric Oslo accords. our actions as Israel’s strongest ally Administration waived sanctions last Six years ago, at those accords, the have greater implications. That is all year under the Iran-Libya Sanctions Israeli and Palestinian people took sig- the more reason why our diplomacy in Act designed to restrict billions of dol- nificant steps toward achieving peace the peace process and the Near East lars in foreign investment in Iran’s oil and stability in the Middle East. To- generally must exercise foresight, dis- and gas fields—dollars which will fund gether there was a commitment to cretion, and firmness. Iran’s support of the enemies of peace work and cooperate to produce a last- Since the beginning of the Oslo proc- in the Middle East. ing peace through open and honest ne- ess in 1993, Israel has lost more than Lack of U.S. Leadership in Iraq: Sad- gotiations. 280 of its citizens to terrorist violence dam Hussein is the chief terrorist of a Despite that very promising begin- (a portion of the Israeli population terrorist government committed to the ning, the peace process is now on dan- comparable to 15,000 Americans) in destruction of Israel. The Iraqi presi- gerously thin ice. The greatest risk to over 1,000 terrorist attacks. That death dent has provided nothing but provo- stability in the Middle East today is a toll is worse than in the 15 years prior cation for over a year and inter- repeated threat by Palestinian leaders to Oslo. Rather than eradicate ter- national support for the sanctions re- to unilaterally declare statehood once rorist infrastructure in Palestinian ter- gime is eroding. An inconsistent Ad- the historic Oslo accords expire on May ritory, the Palestinian Authority ap- ministration policy on Iraq over the 4. Not only would such a declaration parently has maintained its revolving last five years has undermined our ef- run counter to the spirit of the ac- door policy in detaining terrorists. forts to bring about a change of gov- cords, but it would truly send a Over 20 prominent terrorists have been ernment in Baghdad. chilling message to all those who want released since President Clinton’s visit Syria continues to harbor Hezbollah meaningful peace in the Middle East. to Gaza in December 1998. The Israeli terrorists: Syria provides safe haven to That meaningful peace is why Sen- Government reports that at least 12 Hezbollah terrorists which wage an al- ator BROWNBACK and I in our bipartisan wanted fugitives, including several who most constant low-grade war with resolution today have garnered the have killed American and Israeli citi- Israel. Hezbollah killed four Israelis in support of 95 Members of the U.S. Sen- zens, are known to be serving in the southern Lebanon on February 28, in- ate to stand in strong opposition to a Palestinian police. cluding a Brigadier General, the high- unilateral declaration of a Palestinian At times, Mr. Arafat has threatened est ranking Israeli officer to be killed state. We believe that step would con- to cross out the peace accords and un- in Lebanon in 17 years. I have spon- stitute an ill-conceived plan that would

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 4182 CONGRESSIONAL RECORD—SENATE March 11, 1999 truly short-circuit the peace process. It wants to see open dialog give way to very clear the opposition of this Gov- would be bad news to all those who angry threats. The peace process will ernment to such a unilateral action. value stability in the Middle East. be far better served by an open hand It is fair to state that the peace proc- The question of achieving Pales- extended in friendship than by a fist ess in the Middle East has reached a tinian statehood while maintaining clenched in anger. critical point. Since the signing of the Israel’s security lies at the heart of the Mr. President, the resolution that we Wye River agreement, there has in conflict between Israel and the Pales- will be voting on today is vitally im- truth been little progress. Some pre- tinian people. It is not going to be re- portant to keep the peace process mov- dicted that with the passage of the solved overnight with a press release. ing forward. With overwhelming bipar- January 29 implementation date, the It is going to take careful face-to-face tisan support in the Senate, we have agreement might fail. All parties have negotiations and real commitment the opportunity to send a clear, un- a common interest that the Wye Plan- from both sides. equivocal message that we stand tation agreement not fail because the Both Israeli and Palestinian leaders united in our opposition to a unilateral consequences would be enormous. The made a commitment in the Oslo ac- declaration of statehood. This resolu- arguments for success remain over- cords to go forward with the negotiated tion will hopefully make Palestinian whelming. process. Chairman Arafat said so him- leaders think twice about scrapping First, only implementation of the self in a letter to Prime Minister Rabin the peace process. agreement will allow the parties to in 1993. In his own words, he said, ‘‘All I am pleased that the President of outstanding issues relating to perma- move to talks on final status, and only the United States indicated his opposi- talks on final status hold the promise nent status will be resolved through tion to a unilateral declaration of negotiations.’’ He needs to be held to of ending this decades-old dispute. statehood. The reason so many Mem- Second, only implementation of the this promise. Israel has held up its end bers of the Senate join us today in this of the bargain. Mr. Arafat must do the agreement will allow the parties to bipartisan resolution is we wish to build on the basic elements of trust same. drive this message home even further. A rash move such as unilateral dec- and confidence that are required for The President is going to be meeting any complete and final agreement. laration would derail these negotia- with Chairman Arafat in several weeks And finally, only a successful agree- tions and risk a dangerous escalation to discuss this important issue. By the ment will contribute to stability in the of this conflict. This sheer defiance of Senate making this unequivocal asser- region, and bring an end to the use of both the Oslo accords and the peace tion this morning, we can strengthen process would be the diplomatic equiv- the Palestinian dispute to fuel other his hand as he goes forward using the alent of drawing a line in the sand, conflicts. Oslo peace process to make sure that which invites a response and a poten- there are no end runs around the criti- Fifty years of negotiating for greater tial escalation of this conflict. peace in the Middle East has taught us On the playground, fights begin when cally needed negotiations. I am optimistic that a peaceful reso- one lesson, peace requires both words the schoolyard bully balances a stick and deeds. Any deed that runs contrary on his shoulder and dares someone to lution can be found in the Middle East. Last month, Israeli and Palestinian au- to written agreements has enormous knock it off. A unilateral declaration consequences. of statehood employs the same kind of thorities committed themselves to try to change the images they have of each We have also learned through these school-yard bullying—it dares the 50 years that progress may be un- State of Israel to respond. And when other and to break through the mis- trust that has divided them for so long. steady, but it is certain. It has been a Israel does respond by taking reason- very long road from Golan disengage- able and necessary steps to ensure its They decided to exchange columns in each other’s newspapers and to hold ment of the Syrians, to a Sinai agree- security, these actions would be used ment, to Egyptian peace, to the Wye as an excuse to further escalate this joint briefings for Israeli and Pales- tinian journalists. These are positive Plantation, following Oslo. There were conflict. moments when it appeared it might How long would it be before we have steps toward peace, and I’m hopeful to come to an end, but it has been contin- Israeli defense forces and Palestinian see more of this kind of cooperation in uous. The process does work, and it militiamen standing eyeball to eyeball the Middle East. yields results. Abandoning the peace across the disputed border waiting for But even an incurable optimist like process now by a unilateral declaration the other to blink, if there is a unilat- me knows that it would be difficult to of Palestinian statehood runs contrary eral declaration of statehood? take further positive steps after a bad- How long before tensions rise so high faith attempt to unilaterally declare to everything we have learned. It is that the smallest spark ignites more independence. contrary not only to the interests of violence? Palestinian statehood is a complex the peace process of Israel and the How long before we are faced again issue that must be dealt with carefully. United States, but ironically, in the with the disturbing images where both It cannot be resolved through force or long term contrary to the interests of Palestinian and Israeli mothers are fiat. The prospect of peace in the Mid- the Palestinians themselves. shown mourning their children slain in dle East is just too important to risk I believe the consequences would be some senseless act of violence? in a game of political chicken. If the enormous: The destabilization of the The people of the Middle East have Palestinian leadership is truly serious peace process would perhaps be irrev- been down that road before. They have about peace, they will abandon the ocable; second, the declaration is al- tried the old ways in resolving conflict prospect of unilateral statehood. most certain to lead to renewed blood- through violence and bloodshed. Now Mr. TORRICELLI addressed the shed and frustration—people would be- they want the opportunity to use Chair. lieve the peace process would never be peaceful negotiation to resolve their The PRESIDING OFFICER. The Sen- resumed. And, third, tragically, it may differences. Let us not sabotage the ator from New Jersey. damage the interests of the U.S. Gov- prospect of peaceful resolution with a Mr. TORRICELLI. I am very proud to ernment in the supplemental aid pack- unilateral declaration. The Oslo peace join with Senator BROWNBACK, Senator age that is part of the Wye River agree- process is a valuable opportunity to WYDEN, and my other colleagues in of- ment, and the hope of economic begin healing centuries-old wounds. A fering this resolution. I strongly sup- progress on the West Bank and Gaza so unilateral declaration of statehood port S. Con. Res. 5 and urge all of my the Palestinian people themselves be- would only reopen those old wounds colleagues in the Senate to adopt it. lieve there is a dividend in the peace and eventually lead to yet more blood- S. Con. Res. 5 states not only our op- process and their quality of life. It shed. position to a unilateral declaration of a would be extremely difficult to return No one wants to see diplomats being Palestinian state; it also urges the to the Congress and argue for that sup- replaced by armed soldiers. No one President of the United States to make plemental aid package, including funds

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4183 for the Palestinians, if the peace proc- Palestinian Chairman Arafat made a Mr. President, this resolution puts ess has been abandoned and a Pales- fundamental commitment at Oslo that, the U.S. Senate on record as opposing tinian state unilaterally declared. in his words, ‘‘all outstanding issues the unilateral declaration of Pales- Mr. President, both parties com- relating to permanent status will be re- tinian statehood. It is a statement, in mitted themselves to a continuous bi- solved through negotiations.’’ I am my mind, in support of the peace proc- lateral process of negotiation. In Sep- here on the Senate floor today to call ess and the continuation of negotia- tember 1993, Yasser Arafat said to for a reassertion of that very policy. To tions between the Palestinians and the then-Prime Minister Rabin, ‘‘All out- move away from the Oslo process and Israelis. Negotiation and mutual agree- standing issues relating to permanent take refuge in unilateralism would put ment are the only way a true and last- status will be resolved through nego- the whole region at risk of destabiliza- ing peace can be reached in the Middle tiations.’’ That was not a simple state- tion. That is simply the wrong direc- East. While a Palestinian state may in- ment of fact. It was a promise. It is on tion. I do not believe that a lasting deed become a reality at some point in that promise that Israel entered into peace can be built on the basis of uni- the future, it is my hope that any such the Wye agreement. It is on that prom- lateral declarations. Negotiations re- entity would be born from the direct ise that the United States has lent its main the single best way to secure the negotiations of the Israeli and Pales- good offices. It is on that basis that two pillars of a secure peace—address- tinian people and not a unilateral dec- Israel recognized the Palestinian Lib- ing Israel’s security concerns and cre- laration. ating a sustainable framework for pre- eration Organization and began these Mr. MACK. Mr. President, a unilat- serving the human rights and political negotiations. eral statehood declaration by chairman A unilateral act by the Palestinians self-determination of the Palestinians. Arafat would constitute a gross viola- on statehood would undermine this The American people want security tion of the Oslo accords, in effect end- process perhaps irrevocably. I urge my for Israel in the context of human ing the peace process. And any state colleagues’ support of this resolution. rights for Palestinians. A unilateral Just as importantly, I urge Chairman declaration of independence by the Pal- that he might declare, outside of the Arafat to consider these consequences. estinian Authority would only delay peace process, would be illegitimate, Whatever frustration he may feel, the fulfillment of these goals. So I am irresponsible, and wrong. whatever disappointment they all feel proud to join my colleagues today in I am pleased to see this initiative has that the deadline of January 29 has supporting this very important resolu- been cosponsored by 90 Senators as of passed, I urge Chairman Arafat to re- tion. this morning. But we must realize that member that while progress has been Mr. LEVIN. Mr. President, I rise this show of support grows from a very unsteady, it has continued. This proc- today to voice my support for Senate deep and heartfelt concern. We want ess will go forward. Do not abandon it. Concurrent Resolution 5 and announce peace to succeed, but Chairman Ara- The Israeli elections may have caused my opposition to the unilateral dec- fat’s threat to unilaterally declare a a delay, but a new Israeli Government laration of a Palestinian state. state clearly threatens peace. will remain committed to the peace Palestinian statehood is an issue Mr. President, last week in a state- process no matter who is elected. Re- that has been left to be resolved be- ment on the Senate floor, I asked how ject the advice of abandoning peace. tween Israel and the Palestinians dur- can peace be reached while the Pales- Reject the temptation of a unilateral ing permanent status negotiations. tinian leadership teaches children to declaration of statehood. Await the Nevertheless, Chairman Yasser Arafat hate. Today I ask, how can peace be outcome of the Israeli elections and has stated on a number of occasions his reached when the Palestinian leader- then let us return to the only peace intention to declare a Palestinian state ship threatens to unilaterally impose a process that guarantees the Israeli and on May 4, 1999. This action would seri- final status. the Palestinian people final determina- ously undermine the continuation of I rise today to oppose this threat to tion through permanent status talks. the Oslo peace process. Prime Minister the peace process. I hope the President That is the process that is now before Binyamin Netanyahu has stated pub- will join us in making this statement us. I thank my colleagues for offering licly that he would respond to such a to Chairman Arafat. this resolution. I thank Senator WYDEN unilateral declaration by annexing Mr. LEAHY. Mr. President, S. Con. for yielding me time. parts of the West Bank. Such a chain of Res. 5 expresses congressional opposi- I reserve the remainder of my time. events would surely mark a major set- tion to a unilateral declaration of a back and probably the end of the peace Mr. DEWINE addressed the Chair. Palestinian state and urges President The PRESIDING OFFICER. The Sen- process. Clinton to unequivocally assert United ator from Ohio. In his September 9, 1993 letter to the States opposition to such a declara- Mr. DEWINE. Mr. President, could I late Prime Minister Yitzhak Rabin, tion. I agree with the sponsors of this inquire how much time is remaining on Chairman Arafat writes that ‘‘all out- resolution that it would be extremely this side? standing issues will be resolved The PRESIDING OFFICER. The Sen- through negotiations.’’ The unilateral unwise for the Palestinian Authority ator from Ohio has 7 minutes 6 seconds. declaration of a Palestinian state to take such a provocative and desta- Mr. DEWINE. Mr. President, I rise would clearly violate this commitment bilizing step. today in strong support of this concur- as well as the Israeli-Palestinian In- In open forums and behind closed rent resolution, S. Con. Res. 5. This terim Agreement on the West Bank doors the administration has expressed resolution expresses the strong dis- and the Gaza Strip which was signed in repeatedly its opposition to any unilat- approval of the U.S. Senate to any pro- Washington, D.C. on September 28, eral action by either Palestinians or posed or contemplated Palestinian 1995. The agreement states that it is Israelis which would predetermine state that is created, not through nego- the understanding of the parties in- issues reserved for final status negotia- tiation, but rather through unilateral volved that permanent status negotia- tions. There is no doubt that the declaration on the part of the Pales- tions ‘‘shall cover remaining issues, in- United States firmly opposes a unilat- tinian Authority. cluding: Jerusalem, refugees, settle- eral declaration of a Palestinian state. I strongly support and have cospon- ments, security arrangements, borders, Such a declaration would be a viola- sored this resolution because I believe relations and cooperation with other tion of the principles contained in the in the Middle East process. Brave neighbors, and other issues of common Oslo Accords, and it could imperil the Israeli leaders have taken great risks interest’’ and further that ‘‘neither hard won but fragile agreement for peace. So have Arab leaders. And side shall initiate or take any step that reached at Wye River. At the signing of so, importantly, have the people of the will change the status of the West the Wye River Memorandum, the late Middle East. I believe this process still Bank and the Gaza Strip pending the King Hussein said, ‘‘we are not mark- offers the most promising approach for outcome of the permanent status nego- ing time, we are moving in the right di- an enduring peace in the region. tiations.’’ rection.’’ A unilateral declaration of a

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 4184 CONGRESSIONAL RECORD—SENATE March 11, 1999 Palestinian state would throw the en- will be accomplished through peaceful self-serving resolution that may do tire process into reverse. It would be a negotiations between the two parties, more harm than good. serious mistake. not through unilateral acts. If the United States Congress wishes So I support S. Con. Res. 5 as far as Mr. BOND. Mr. President, I rise to to make a meaningful contribution to it goes. Unfortunately, it does not re- offer my strong support to the resolu- the Middle East peace process, we flect the inescapable fact that there tion. For a long time now, the Pal- should, first, keep pressure on both are two sides to the Middle East Con- estinians and the Israelis have been ne- sides to negotiate in good faith and to flict. Just as the Palestinian Authority gotiating a peace, based on com- avoid provocative words or actions, and has fallen short in its implementation promise and a vision of peaceful coex- second, we should act promptly when of its Oslo commitments, so have some istence. the Administration sends to Congress Israeli Government actions exacer- These negotiations have been dif- its request for supplemental appropria- bated the condition which have caused ficult, for both sides. But, they have tions to implement the Wye River some Palestinians to demand that the progressed steadily toward an extraor- peace agreement. In this way, we can issue of statehood be resolved outside dinary agreement. One which could be demonstrate our commitment to peace the scope of the Oslo process. Many a model for all the world to marvel. in the Middle East without adding fuel have lost the hope that was kindled by A unilateral declaration by Chairman to an already incendiary situation. the handshake between Prime Minister Arafat would destroy the advances he Mr. KYL. Mr. President, I rise to ex- Rabin and Chairman Arafat on the has made for his people in their quest press my support for Senator White House lawn in 1995. Had the reso- for peaceful political and geographic BROWNBACK’S legislation, Senate Con- lution been better written or balanced autonomy. It is provocative, and it current Resolution 5, regarding the I could have co-sponsored it. goes against every tenet of every ac- unilateral declaration of a Palestinian Despite these setbacks, the adminis- cord to which he has affixed his signa- state. As an original cosponsor of this tration has played a key role in keep- ture. It would destroy any goodwill he legislation, I believe it is important for ing the peace process alive. Congress has developed in this body because of the Senate to indicate its opposition to has been asked to provide over a billion his good faith negotiation with the any unilateral declaration of statehood dollars in new funding to support im- Israeli Government. by the Palestinian Authority before plementation of the Wye River Memo- I am proud that this body has the Chairman Yasser Arafat’s visit to the randum. This is funding that we are courage to stand up and voice its oppo- United States to meet with President very hard-pressed to find, but lasting sition to any unilateral moves by Mr. Clinton. peace in the Middle East is in the Arafat. I hope that he can see through The legislation underscores three im- strong interest of the United States. the political fog he has created by portant points: First, the final political status of the Just as we are doing our utmost to floating this situation, which was made territory controlled by the Palestinian bring the parties together, they need to obviously in an effort to pander to rad- Authority can only be determined demonstrate that they are fulfilling ical elements. through negotiations and agreement their commitments. They must both As an original cosponsor of this reso- between Israel and the Palestinian Au- refrain from taking provocative, uni- lution, I call upon all my colleagues to thority. lateral actions that would jeopardize send a clear message that we could not the prospects for peace and they must Second, any attempt to establish accept such a declaration. Palestinian statehood outside the ne- both be willing to take the necessary Mr. BYRD. Mr. President, I have no risks to ensure a safe and prosperous gotiating process will invoke the doubt that S. Con. Res. 5 is a well-in- strongest congressional opposition. future for their people. tentioned effort by the members of this Mr. FITZGERALD. Mr. President, I Third, the President should un- body to express their opposition to any equivocally assert United States oppo- rise today as an original cosponsor of unilateral declaration of statehood by S. Con. Res. 5, a resolution expressing sition to the unilateral declaration of a the Palestinians. I support that posi- opposition to a unilateral declaration Palestinian state making clear that a tion—such a reckless action on the of a Palestinian state. I am proud to declaration would be a grievous viola- part of the Palestinians would be disas- join my colleagues in supporting this tion of the Oslo accords and that a de- trous to the Middle East peace proc- resolution clared state would not be recognized by We cannot allow the work of the past ess—but I cannot support this resolu- the United States. several years to be swept away by uni- tion. It is, in my opinion, ill-timed and As we all know from reading the lateral acts such as that threatened by unnecessary. newspapers, this legislation is directed Yasser Arafat. President Arafat has The Administration has made clear toward those Palestinians, including threatened to declare a Palestinian its opposition to any unilateral action Chairman Yasser Arafat, who have state by May 4, 1999 if there is no fur- that would preempt the negotiations made statements about the possibility ther progress in the Peace Process. between Israel and the Palestinian Au- of issuing a unilateral declaration on Mr. President, this act, in defiance of thority. But the Palestinians are not or about May 4 of this year. Last the Oslo Peace agreements signed by the only players in this drama. The month a top Palestinian official said, the late Prime Minister Yitzhak Rabin Israelis are also partners in the peace ‘‘We are moving forward in our prepa- and Mr. Arafat, can only destabilize process, and have an equal stake in re- ration for the day, May 4th, the date of the region. It would no doubt precipi- fraining from provocative and desta- the declaration of the Palestinian state tate further acts and the entire Peace bilizing actions. This resolution, how- that would encompass a portion of Je- Process, as precarious as it is, could be ever, does not address the responsibil- rusalem. The cabinet announced that shattered. ities of the Israelis. ‘‘At the end of the interim period [the The only true path to peace is If Yasser Arafat has not yet gotten Palestinian Authority] shall declare through negotiation with Israel. There the message that the United States is the establishment of a Palestinian is no other way to achieve a satisfac- opposed to a unilateral declaration of state on all Palestinian land occupied tory conclusion to this 100-year con- statehood, this non-binding resolution since 1967, with Jerusalem as the eter- flict. With the passage of this resolu- is not sufficient to drive the point nal capital of the Palestinian state.’’ tion Congress sends the message that if home. But it contains the kind of rhet- On several occasions over the past Yasser Arafat declares a Palestinian oric that could be used by those who year, the Clinton administration has state on May 4, the United States wish to further disrupt the peace proc- refused to express U.S. opposition to should not recognize the validity of the ess. Given the tensions inherent in the the unilateral declaration of an inde- declaration and Congress will strongly efforts to negotiate a peaceful settle- pendent Palestinian state, and has left oppose it. ment between the Israelis and the Pal- it an open question as to whether the Mr. President, if there is to be peace estinians, the Congress should not take United States will recognize a unilater- between Israel and the Palestinians, it up what amounts to little more than a ally declared Palestinian state. As an

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4185 example, his intention to establish a in the peace process, and just as clear- ceed with a unilateral declaration of Palestinian state with its capital in Je- ly, it is an issue that must be nego- statehood. rusalem. Unfortunately, the President tiated by the parties themselves. I am confident that they will realize may have only encouraged this course I hope very much that Chairman that their aspirations can best be real- when he said: ‘‘[T]he Palestinian people Arafat will be successful in resisting ized through a commitment to the and their elected representatives now the pressure he is under to take this ir- principles of negotiation. have a chance to determine their own responsible action. The peace process is I yield the floor. destiny on their own land.’’ too important, and the parties have Mr. SPECTER addressed the Chair. This legislation is intended to set the come too far, to allow this to happen. The PRESIDING OFFICER. Who record straight. Despite the President’s It is very important for all of us in yields time? ambiguous statements, there should be the United States who care about peace Mr. DEWINE. I yield time to the Sen- no confusion among the Palestinian in the Middle East to make our views ator from Pennsylvania. leadership about where the United clear on this fundamental issue. I com- The PRESIDING OFFICER. The Sen- States Congress stands on the issue of mend the Senate leadership of both ator from Pennsylvania. a unilateral declaration of statehood. parties for enabling the Senate to go Mr. SPECTER. Mr. President, it is Mr. President, this matter brings to on record today in strong opposition to my expectation—and really pre- the fore another issue in which the ad- any such unilateral declaration. diction—that this resolution will pass ministration’s mixed signals and incon- Mr. BIDEN. Mr. President, when the the U.S. Senate by overwhelming num- sistent policy in the Middle East has Prime Minister of Israel, the late bers and that it should be heeded by enabled false hopes and fantasy to Yitzhak Rabin, and the Chairman of any of those who wish to have a unilat- flourish. I am referring to the policy of the Palestine Liberation Organization, eral declaration of a Palestinian state. the United States regarding the status Yasser Arafat, signed the Declaration My colleagues have already articulated of Jerusalem. of Principles on September 13, 1993, the point that Chairman Arafat has With support from 90 percent of the they each made a commitment to put made a commitment to determine members in both Houses, in 1995, Con- nearly a century of conflict behind issues such as the Palestinian state by gress passed the Jerusalem Embassy them and agreed to settle their dif- negotiations, and we would expect that Relocation Act, the principle feature of ferences through negotiation. commitment to be preserved. There are which was the requirement to establish Since then, the process they set into very delicate matters involving Israel an American embassy in Jerusalem no motion has had its ups and downs. and the Palestinian Authority with re- later than May 31, 1999. Another key Many innocent lives have been lost at spect to withdrawals, and there are element of the legislation, which the the hands of those opposed to peace major risks in ceding as much real es- administration has repeatedly refused and reconciliation. But progress has tate, as much ground, as much terri- been sustained because both sides have to acknowledge, is the statement of tory as Israel has ceded to the Pal- ultimately demonstrated a willingness U.S. policy regarding Jerusalem. The estinians. to resolve their disputes at the bar- legislation states: ‘‘It is the policy of There is an element of great emo- gaining table. the United States that Jerusalem is tionalism, over and above the issue of the capital of Israel.’’ Despite that the Were Chairman Arafat now to take the unilateral step of declaring a Pal- security. I recall the famous handshake legislation is now law, the Clinton on the White House lawn on September State Department has repeatedly re- estinian state, I fear that it would threaten the progress that has been 13, 1993, with the expectation of work- fused to acknowledge this policy. ing out a permanent peace in the Mid- So, with the acquiescence of the Clin- made over the past 6 years. dle East. ton administration, the Palestinian The Declaration of Principles stipu- In December of 1993 I had occasion to Authority has chosen to ignore Amer- lates that the toughest issues—Jeru- travel with a congressional delegation ican law and continues to hold out salem, refugees, settlements, borders— and visited Egypt. President Mubarak hope that the United States will recog- are to be resolved by permanent status arranged a meeting with Chairman nize Jerusalem as the capital of a Pal- negotiations. It is dangerous to argue estinian state, perhaps even the capital that the end of the interim period on Arafat at that time, where he renewed of a state established unilaterally. May 4 gives either side the right to de- his pledges to live by the Oslo accord. This will not happen. cide an issue that both sides agreed to A few weeks later I was in Israel, in The United States Congress has a negotiate. Jericho, and found for sale at the road- clear policy regarding Jerusalem. Any action or proclamation by either side stands, flags of the Palestinian Today, we are stating our position re- side that prejudges the outcome of ne- state. The ink was barely dry on the garding the unilateral establishment of gotiations can only hurt the cause of Oslo accords and the handshakes were a Palestinian state. While the adminis- peace. it invites the other side to re- barely unclasped on the White House tration’s policies are confusing, ambig- spond in-kind, and it serves only to lawn before people were talking about uous statements of general support for delay a lasting peace settlement. a Palestinian state and there was, in everything on the table, the Congress Mr. President, last August, I had the fact, the Palestinian flag. is clear and direct. No unilateral dec- opportunity to meet with the Chair- I recall visiting in Amman, Jordan, laration. No Palestinian sovereignty man Arafat and Prime Minister in the mid-1980s, awaiting a meeting over Jerusalem. Netanyahu. At the request of President with King Hussein and looking at a I commend Senator BROWNBACK and Clinton, I discussed with them some of map of the Mideast. Where I expected my colleague from Arizona, MATT the key issues in dispute. to see the designation of ‘‘Israel,’’ SALMON, who is the principal sponsor of Contrary to what many were saying there was the designation of ‘‘Pal- this legislation in the House of Rep- at the time, I found both leaders to be estine.’’ I mentioned that to King Hus- resentatives. committed to the peace process. Not sein, the leader of Jordan, and had the Mr. KENNEDY. Mr. President, I many believed that these two individ- comment that ‘‘it was an old map.’’ strongly support this resolution, and I uals would overcome the profound dif- Well, maps can be redrawn. But for urge the Senate to approve it. I oppose ferences over territory and security years the State of Israel was not recog- the unilateral declaration of an inde- that were holding up an agreement on nized in the Arab world. Instead of hav- pendent Palestinian state. Such a pro- the second redeployment. With the ing ‘‘Israel,’’ which had control of the vocative action would violate the let- Wye River Memorandum, both leaders land and was the sovereign controlling ter and the spirit of the peace process proved that negotiations can resolve that land, ‘‘Palestine’’ was still noted in the Middle East, and could well be disputes, if both sides share the same on the maps. an irreparable blow to that process. goal. There is also the issue of a very sub- The issue of an independent state is It is in that spirit that I trust that stantial appropriation which is being clearly one of the most critical issues the Palestinian leadership will not pro- sought from the Congress of the United

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 4186 CONGRESSIONAL RECORD—SENATE March 11, 1999 States. I am not saying that appropria- and signed the Declaration of Prin- process of negotiations. We are not tion would be conditioned on the Pales- ciples that was negotiated in Oslo, it talking about statehood. I applaud all tinian Authority abiding by the terms was a tremendous historical moment. of the Members who have joined in co- of the Oslo accord with respect to set- The Oslo accords set in motion a sponsoring this resolution. I hope it tling the declaration of a Palestinian process to end violence and bring peace will be passed unanimously by the U.S. state by negotiations, but certainly it to this troubled region. Despite obsta- Senate. would be in mind, it would be a factor cles and delays, Israel and the Pal- f to be considered, with many, many estinians have come a long way down EDUCATION FLEXIBILITY others. the road to a better future. Last year, PARTNERSHIP ACT So, in sum total, there is much to with the peace process stalled, Presi- recommend restraint by the Pales- dent Clinton brought together Prime The PRESIDING OFFICER. Under tinian Authority and to leave this Minister Netanyahu and Chairman the previous order, the Senate will now issue, as to whether there will be a dec- Arafat for intensive discussion on a resume consideration of S. 280, which laration or not, to final status negotia- plan that would achieve further the clerk will report. tions in accordance with the terms of progress in implementing the Oslo ac- The legislative clerk read as follows: the Oslo accord. cord. With the help of a good friend to A bill (S. 280) to provide for education I thank the Chair and thank my col- the United States, to Israel, and to the flexibility partnerships. league from Ohio for yielding the time. Palestinians—King Hussein of Jordan— The Senate resumed consideration of I yield the floor. President Clinton convinced the par- the bill. The PRESIDING OFFICER. The Sen- ties to sign the Wye River agreement. Pending: ator from Oregon. Both Israel and the Palestinians im- Jeffords amendment No. 31, in the nature Mr. WYDEN. Mr. President, Senator plemented their commitments in the of a substitute. LAUTENBERG, the Senator from New first phase of the Wye memorandum. Jeffords (for Lott) modified amendment Jersey, is interested in speaking on Unfortunately, the process remains No. 60 (to amendment No. 31), to express the sense of the Senate regarding flexibility to this as well. He is not here at this stalled there, though important co- use certain Federal education funds to carry time. operation between Israeli and Pales- out part B of the Individuals with Disabil- I ask unanimous consent that the re- tinian representatives continues. ities Education Act, and to provide all local mainder of our time be allowed to go to President Clinton has rightly urged educational agencies with the option to use Senator LAUTENBERG. I believe it is the parties to respect and implement the funds received under section 307 of the just under 5 minutes. It is my under- the Wye memorandum, despite the Department of Education Appropriations standing there will be a vote on this pending election in Israel. Prospects Act, 1999, for activities under part B of the measure at 2 o’clock or sometime in for further implementation are good, in Individuals with Disabilities Education Act. Feinstein/Dorgan/Bingaman amendment that time vicinity, so he would have to my view, even if this is not happening No. 61 (to amendment No. 31), to assist local get here, obviously, fairly soon. But I right now. educational agencies to help all students ask unanimous consent the remainder The point is that, on the whole, the achieve State achievement standards, and to of our time be allocated to Senator Oslo framework is still intact. Final end the practice of social promotion. LAUTENBERG. status negotiations to resolve the most Wellstone amendment No. 62 (to amend- The PRESIDING OFFICER. Without challenging issues should begin within ment No. 31), to provide for local and state objection, it is so ordered. a matter of months. In that context, plans, use of funds, and accountability, under the Carl D. Perkins Vocational and Mr. DEWINE. Mr. President, I sug- the resolution we are considering today Technical Education Act of 1998, except to gest the absence of a quorum. makes a vital point. The Palestinians permit the formation of secondary and post- The PRESIDING OFFICER. The must not jeopardize the peace process secondary consortia. clerk will call the roll. by unilaterally declaring statehood, as Bingaman amendment No. 63 (to amend- The legislative clerk proceeded to Chairman Arafat and other Palestinian ment No. 31), to provide for a national school call the roll. leaders have suggested. By adopting dropout prevention program. Mr. LAUTENBERG. Mr. President, I this resolution, we send an unequivocal Bingaman (for Murray/Kennedy) amend- ask unanimous consent that the order message that, certainly as far as the ment No. 64 (to amendment No. 31), author- izing funds for fiscal years 2000 through 2005 for the quorum call be rescinded. Congress is concerned, the United to provide for class-size reduction in the The PRESIDING OFFICER. Without States would not recognize a unilateral early grades and to provide for the hiring of objection, it is so ordered. statehood declaration and would in- additional qualified teachers. Mr. LAUTENBERG. Mr. President, I stead condemn it as a violation of the Bingaman (for Boxer) amendment No. 65 understand there is a unanimous con- Oslo accords. (to amendment No. 31), to improve academic sent agreement that says I should be Mr. President, this resolution rep- and social outcomes for students and reduce permitted to use the remainder of the resents our strong commitment to a both juvenile crime and the risk that youth time on this side. negotiated peace in the Middle East. I, will become victims of crime by providing The PRESIDING OFFICER. The Sen- productive activities during after school on a personal basis, look forward to the hours. ator is correct. fact that one day they will put aside Jeffords (for Lott) amendment No. 66 (to Mr. LAUTENBERG. Mr. President, I violence there and they will get along. amendment No. 31), to provide all local edu- rise in support of this resolution, of It is a necessity; this is not a matter of cational agencies with the option to use the which I am an original cosponsor, op- choice. I welcome the overwhelming funds received under section 307 of the De- posing Palestinian statehood as a uni- support that is indicated for this mes- partment of Education Appropriations Act, lateral declaration. We need to send an sage on the part of my colleagues, that 1999, for activities under part B of the Indi- unequivocal signal of the Senate’s op- viduals with Disabilities Education Act. no unilateral declaration of statehood Jeffords (for Lott) amendment No. 67 (to position to any unilateral declaration will receive the support or the encour- amendment No. 31), to provide all local edu- of Palestinian statehood. agement of the United States. cational agencies with the option to use the I know the players here very well. I With that, I yield the floor. funds received under section 307 of the De- knew Israeli Prime Minister Rabin. I Mr. ROBB addressed the Chair. partment of Education Appropriations Act, considered him a close friend. I had a The PRESIDING OFFICER. The Sen- 1999, for activities under part B of the Indi- lot of contact with him over a period of ator from Virginia. viduals with Disabilities Education Act. more than 20 years. I got to know Mr. ROBB. Mr. President, I think Jeffords (for Lott) amendment No. 68 (to Chairman Arafat when he came to this is a terribly important issue in amendment No. 31), to provide all local edu- cational agencies with the option to use the Washington, and I have seen him in that we understand that the bottom funds received under section 307 of the De- Jericho. I have seen him here several line is that threats undermine the partment of Education Appropriations Act, times; I have seen him in New York. peace process. It is that simple. Auton- 1999, for activities under part B of the Indi- When they got together, shook hands, omy has to be determined through the viduals with Disabilities Education Act, and

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4187 to amend the Individuals with Disabilities activities where students excelled a cation in America. I return to that ar- Education Act with respect to alternative generation ago are being lost, leaving gument today. educational settings. between 5 and 15 million students left Consider the dimensions of the prob- Mr. TORRICELLI addressed the alone at home after school. The reality lem, if you are to disagree and argue Chair. of the two-wage-earner family means that educational flexibility alone will The PRESIDING OFFICER. The Sen- that millions of these students not deal with this national dilemma. Forty ator from New Jersey. only do not have supervision in school percent of fourth grade students are Mr. TORRICELLI. Mr. President, or activities but are left alone. Even if failing to obtain basic levels of read- under the previous order, I yield myself they did not need the instruction, even ing; 40 percent of eighth graders fail to 10 minutes on the bill. if they did not need the socialization or obtain a basic level of mathematics. The PRESIDING OFFICER. The Sen- activities, these students are going High school seniors across the Nation ator is recognized. home, where we are laying the ground- are ranked 19th out of 21 industrialized Mr. TORRICELLI. Mr. President, work for drug abuse, teenage preg- nations in math and science. Of course, there is understandably much discus- nancy, truancy, with a direct correla- I support legislation for educational sion in our country about the ways and tion between students who do not have flexibility, but I am also here to sup- means to continue the rather extraor- activities after school and failing port the Murray amendment to hire dinary economic prosperity that has grades and dropouts. more teachers and reduce class size, be- been visited upon our generation. Local schools are so overwhelmed cause we know, according to the De- Theories abound about how to main- with these social problems, the over- partment of Education in their 1998 tain this economic growth that is pro- crowding, the crumbling schools, some- May report, that one element most di- viding employment, a growing Federal times they have no choice but social rectly relating to improved student surplus, and a rising quality of life in promotion, take a student who is fail- performance is a reduction of class size America. ing and send them through the system in the early grades. The Murray It is one thing upon which I suspect and on to the streets. The reality of amendment is the one answer we know we can all agree, as we think about this education debate is, there are a lot will improve student performance in continuing the current economic ex- of good answers, and they are rep- early grades. The Murray amendment pansion, that this prosperity is built resented by many Senators on this would finish the process we began last upon a foundation of quality education. floor—efforts to help local commu- year of adding 100,000 new teachers in Indeed, I would argue that it is the in- nities deal with the cost of recon- America to reduce class size. vestment of our parents’ generation in structing our schools, dealing with the Indeed, I would have liked to have quality schools, rising standards of ex- problems of social promotion, the prob- today added to the efforts of Senator cellence, attraction of good teachers, 30 lems of rising standards, the problems MURRAY with an amendment of my own, and that would have been to give and 40 years ago, that we are now reap- of getting better teachers, retaining signing bonuses to people who will be- ing in dividends of prosperity. There is good teachers. no question that in those years our What is unique about this education come teachers. Where our best college parents understood that the security of debate is—everybody is right—there is graduates will go to schools most in our Nation and our prosperity would be no one good idea. There are no two need, I would have offered them a sign- no stronger than the investment we good ideas. This is a problem of such ing bonus to get them into the class- room immediately. made in education. complexity that is so central to quality It confronts the reality of the fact I believe that as our parents recog- of life and economic opportunity in nized the opportunity and made the in- that a starting teacher in America America that succeeding requires today could hope to earn, in a public vestment and that investment yielded everybody’s best efforts. What is most these dividends, the problems of Amer- school, $25,000. For a software engineer, important is that it is a debate that re- our leading high-tech companies are of- ican education now stand like a dagger quires a competition of the best ideas at the heart of our economy. Too many fering $50,000 to the same person, with between Democrats and Republicans a signing bonus. Teachers are prepared of our children are now attending and liberals and conservatives. to make sacrifices because they are schools that would be a source of em- There is no monopoly on creative dedicated, but how much of a sacrifice? barrassment for any Member of this in- thinking in dealing with the problems We know they are our most important stitution. I have visited schools across of education in America. Indeed, the asset in dealing with the issue of edu- New Jersey where children meet in underlying legislation, the Education cational quality. hallways, in gymnasiums, because Flexibility Partnership Act, is a good So, my colleagues, I urge that we all there are no longer classes available. idea, it is a sound idea, but it is one come together to support educational The very schools that our parents pro- idea that in and of itself does nothing flexibility. But I would have liked to vided for us that helped build this pros- about overcrowding or rising standards have offered my amendment, which perity are crumbling around our feet. or new technology. It is one idea. I will will not be allowed today. I urge my The GAO has reported that one-third vote for it, and this Senate should colleagues to consider Senator MUR- of all schools in America, serving 14 enact it. But at the end of the day it RAY’s amendment, and also Senator million students, are in serious need of leaves us with this question: What do FEINSTEIN’s to end social promotion in repair. Teachers, no matter how hard we do about these varieties of other our schools—the passing of the problem they try, no matter their level of ef- problems? along to the streets because we will not fort, can only do so much with old Indeed, can this Senate say at the deal with it in the classroom—and Sen- textbooks and with the dearth of mod- conclusion of the 106th Congress that ator BINGAMAN’s amendment to help ern technology. All the inventions and we have dealt with educational flexi- stem the tide of dropouts. Unfortu- services on the Internet in the world bility, but that is all we have done, and nately, one of the most important won’t make any difference in American seriously argue that we have dealt with problems of all—deteriorating education when only 27 percent of pub- the issue of education in America? schools—we won’t be able to vote on. lic schools are even connected to the Last year, in this Senate, I joined The PRESIDING OFFICER. The Sen- Internet. Far too few communities can with Senator COVERDELL in the belief ator’s time has expired. any longer afford the extra curricular that we should establish savings ac- Mr. TORRICELLI. Mr. President, I activities, the extra hours of instruc- counts to help fund private and public thank you for yielding me the time. I tion that we enjoyed as students our- education. I believed it was a good support the underlying legislation but selves. idea. But even then, I argued, in an- also the amendments being offered. Across America, school districts are swer to my own legislation, that if that Mr. VOINOVICH addressed the Chair. canceling sports activities. The club is all that we have done, we haven’t The PRESIDING OFFICER. The Sen- activities, the tutoring activities, the begun to address the problems of edu- ator from Ohio.

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 4188 CONGRESSIONAL RECORD—SENATE March 11, 1999 Mr. VOINOVICH. Mr. President, I buildings. With Ed-Flex, a building or a this Nation the same opportunities stand before you today in strong sup- classroom that takes advantage of a that we have. port of Senator FRIST’s Educational waiver has to agree that within a year Mr. President, I yield the floor. Flexibility Partnership Act. But then they will report back on how they are Mr. KENNEDY addressed the Chair. again, most of the Senate, and all 50 taking advantage of that waiver and The PRESIDING OFFICER. The Sen- Governors, Secretary Riley, and even whether it is making a difference in ator from Massachusetts. the President want this wonderful the classroom. Mr. KENNEDY. I yield 10 minutes to piece of legislation to pass today. I would say that if I could get every the Senator from Rhode Island. It is a big day personally for me. title I school in the United States of The PRESIDING OFFICER. The Sen- Some people are not aware of the fact America to become an Ed-Flex waiver ator from Rhode Island. that this effort for flexibility started in school, we would have a lot more ac- Mr. REED. Thank you, Mr. Presi- Ohio in 1981, when I commissioned a countability with that title I money dent. private-sector audit of the department that is going into those districts—for I first thank the Senator from Massa- of education to make it more friendly those that are concerned about title I. chusetts for yielding me time but, to our school districts. At the same I think this idea is so overwhelming more importantly, thank him for his time, it was command and control. The that last year, as chairman of the Na- tremendous efforts on the floor of this private-sector management audit came tional Governors’ Association, I made Senate for the last several days. Hour back and said it was riddled with pa- Ed-Flex one of my top priorities. I re- upon hour, he has been battling to en- perwork, and the shocking thing was call going to the White House and talk- sure that this education flexibility bill that half the paperwork the depart- ing to President Clinton about it and is not simply a blank check to the ment had to do and the schools had to his indicating that he thought it was a States but it also has the kind of ac- do was as a result of Federal regula- good idea. Last year, we almost got it countability that will be necessary to tions, and we were only getting 6 per- done with the help of Tom Carper, the ensure that this flexibility will result cent of our money from the Federal Democratic Governor of the State of in improved student performance. In Government. Delaware. Again, we are bringing it fact, it is a battle the Governors urged I recall going to Washington at that back to Congress for their consider- us to take up because they are as con- time and sitting down with Secretary ation. cerned as anyone else to ensure that Lamar Alexander and asking him if he To my Democratic colleagues I say this flexibility is accompanied by ac- could do something about it. Unfortu- this: There are a lot of ideas that have countability. nately, he could not. Later on when been proposed here on the floor. My at- He has also taken up the fight on two President Clinton became President titude is that they all involve money. important issues of unfinished busi- and Dick Riley, a former Governor, be- This is not a money bill. Ed-Flex does ness. Last year, we appropriated sig- came Secretary of Education, in the not require one additional dime from nificant amounts of money over the Goals 2000 legislation he provided for the Federal Government. What it does next several years to ensure that we States to take advantage of some flexi- do is that it allows school districts to could reduce class size by hiring addi- bility. save the paperwork and the redtape so tional teachers. It is now imperative I want to underscore that a State their administrators can spend time on that we authorize that appropriation, cannot take advantage of this program education, and the teachers can, and that we give a sense of continuity, sta- unless they agree themselves to waive they can take more of the money that bility, and assurance to the local com- their regulations, and in some in- is coming in from the Federal Govern- munities that this money, this pro- stances—for example, in Ohio—even ment and put it in the classroom to im- gram, will be in place over time. Sec- waive statutes. This provided an oppor- prove the education of our children. ond, last year we also went a long way tunity for school districts to get waiv- And if you want to talk about prior- toward developing programs to prevent ers that, prior to Ed-Flex, had to go di- ities: Rather than 100,000 new teachers, students from dropping out of our rectly to Washington in order to get a I would rather put the money in fund- schools. Senator BINGAMAN has been waiver. It allows them to go to their ing the Individuals With Disabilities the champion of this program and that superintendents of public instruction Education Assistance Act or, in the al- is unfinished business that we want to in their respective States. ternative, my favorite: If I had the take up. I am proud that we have had an op- choice, instead of 100,000 teachers, I What has happened in the course of portunity to take advantage of this. In would put the money into 0 to 3, or this debate is we have moved beyond Ohio we have 186 schools using a title I conception to 3, a time in a child’s life both Ed-Flex and accountability and waiver, with over half of these schools that is being, quite frankly, neglected some unfinished business to embrace increasing their proficiency test scores in this country, not only by the Fed- other issues. The positive value of that in math and science. Those school dis- eral Government but by the local gov- is any debate about education, I be- tricts have taken advantage of waivers ernments. We can prove that if you put lieve, is inherently healthy, and I am in the Eisenhower grants. As you money in during that period of time, pleased to do that, but we have taken know, in the Eisenhower grants, 85 per- when it is most important to the devel- some steps away from the main topic. cent of the money is supposed to be opment of a child’s ability to learn, There is one issue I particularly want used for math and science. But in the you can get the best return on your in- to concentrate on and focus on. That is elementary schools, how can a kid vestment. an amendment I introduced that would learn math or science if they cannot So let’s debate how we want to spend go directly to the issue of educational read? So as a result of the waiver pro- this Federal money and where we flexibility, directly to the issue of ac- gram, we were able to get waivers to ought to be spending it, but let’s not countability. I had hoped to have the allow the money to be spent on read- make that part of the debate on Ed- opportunity to offer the amendment as ing, and today in those schools we have Flex. We will get to that. We will have a stand-alone, that I could debate it seen a dramatic increase in the math that debate. We will look at what is and engage in a principled discussion, and science scores as a result of the available and decide how it is to be but because of the parliamentary con- fact that those schools were able to spent. dition of the floor, because of the unan- take advantage of the waiver. So today I ask the Members of the imous consent, the only opportunity I There are some people who would Senate to support Ed-Flex. Let’s have a had to have the amendment offered was argue that we need more account- clean Ed-Flex bill. Let’s get it done. It to do so in conjunction with one of ability. I argue that we have account- has made a great difference for the peo- Senator LOTT’s amendments. ability in most States. In Ohio, for ex- ple of Ohio and those States that have I am in the awkward position of sup- ample, we have our report cards, not taken advantage of it. I think it is long porting my amendment and grateful only by districts but by individual overdue to give the other 38 States of that Senator LOTT included it in his

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amendment, but respectfully differing accommodation acceptable to both and Senator WYDEN who have been with Senator LOTT on his proposal with sides. In fact, it represents a movement doing a remarkable job on the floor. I respect to IDEA. What Senator LOTT is on my part from the amendment I sug- hope at the end of the day we will have essentially providing to the school dis- gested last year which would have re- a bill we can all support. There are tricts of America is a Hobson’s choice, quired a formal 30-day period of com- some provisions, as I outlined, that I a choice between decreasing class size ments that would require an evalua- opposed, but I conclude by strongly or additional resources for IDEA, the tion of the comments by the States in supporting my amendment which Individuals with Disabilities Education terms of their goals for educational would give parents a real say in the Act. I don’t think we should present flexibility and incorporating that in educational flexibility plans that ema- that choice to school districts. I think the application. We have decided to nate from the States. we should do all we can to ensure that move closer together in terms of a With that, I yield back any time I we properly fund IDEA and at the same more streamlined process. have to Senator KENNEDY. time we are able to reduce class sizes I point out that just a few days ago The PRESIDING OFFICER (Mr. throughout the country. the Committee on Education and the VOINOVICH). The Senator from New In fact, I argue that a reduction in Workforce in the other body, by an Mexico. class size will materially benefit the overwhelming vote of 30–9, passed my Mr. DOMENICI. Mr. President, I will Individuals with Disabilities Education amendment of last year requiring a be managing the time on our side until Act programs throughout the country much more rigorous parental involve- Senator JEFFORDS arrives. I yield my- because the reality of many school- ment, a more heavily regulated, if you self 6 minutes and then I will yield to rooms is that there are IDEA students will, approach to the issue. the distinguished Senator. in large classrooms. They are not get- In order to have a position in con- Mr. President, first, I rise in strong ting the attention they need and de- ference that will give us the oppor- support of the Education Flexibility serve. At the same time, the other stu- tunity to discuss this and discuss this Partnership Act. I begin with a brief dents aren’t getting that type of atten- with a principle proposal already on quote: tion. By reducing class size—and this is the table, I am extremely pleased that An investment in knowledge always pays an amendment that Senator MURRAY this amendment, the Reed amendment, the best interest. has championed and I salute her—we has been incorporated into Senator Benjamin Franklin stated that in the will help both programs, but ulti- LOTT’s proposal. This Reed amendment early years of our Republic. mately we should be able to find the re- is going forward. Building upon this statement, I say It also, I might add, follows prece- sources to fund both reduced class sizes it is a simple fact—which the occupant dents we established last year with re- and also keep up our commitment to of the Chair, as a distinguished Gov- spect to parental involvement, in par- the Individuals with Disabilities Edu- ernor in a State that has seen great ticular with respect to the Workforce cation Act program. economic growth and prosperity and Investment Act and the Reading Excel- Let me speak specifically about my better jobs and more opportunity—it is lence Act. I hope this is the beginning amendment that goes to the heart of a simple fact that the future is preju- of a trend to involve parents directly Ed-Flex. It goes to the heart of ac- diced in favor of those who can read, with the issue of educational reform at countability. What it would do is in- write, and do math. the local level. A good education is a ticket to a se- volve parents, which I think is a topic I hope it also represents an oppor- cure future in this United States. And we have not paid enough attention to. tunity that we will follow up in the El- obviously, the opposite is equally true. I hope in this oncoming reauthoriza- ementary and Secondary Education As the earning gap between brains and tion of the Elementary and Secondary Act to think about ways we can get Education Act, we would put a special parents more involved in the education brawn grows even larger, almost no one emphasis on innovative ways of involv- of their youngsters. I also add that the doubts that there is a link between ing parents in the educational process. Parent Teachers Association of Amer- education and the individual’s pros- We know it works. We know it is im- ica supports my amendment, the Edu- pects, even in this great land of oppor- portant. We know that good schools cation Trust supports it, the American tunity. are schools not only with robust and Federation of Teachers and the Center Today, the Senate is taking a first intellectually curious children and for Law and Education supports this. step to improve our Nation’s edu- good teachers, they are those schools Also, this was one of the provisions cational system, because everyone ac- that have strong parental involvement. that was pointed out specifically in the knowledges that our children are the My amendment would simply require statement of administration policy future of this country and we must the States to have a comment period dated March 3 as part of their review of make every effort to provide them with with respect to their proposals for edu- the underlying Ed-Flex legislation. the tools to succeed. Our action pro- cational flexibility. Specifically, ask I say with some regret I cannot sup- vides States with increased flexibility that parents and other interested par- port Senator LOTT’s proposal because I to ensure that our students have an ties be allowed to comment. These do think it is presenting a Hobson’s even better opportunity to succeed. I comments would be taken pursuant to choice. I think we can do better. I don’t submit that because we have so many State laws. We are not trying to create think we have to choose between some programs at the national level, small a special unique procedure. We don’t children versus others. I think we have and large—and I will allude to the want to add to the burden of States, to recognize that class size will help all number shortly—that if you are look- but we want States to listen to the par- children. It may, in fact, be addition- ing for a place to reform, maybe you ents in their communities when they ally beneficial to children with special ought to start right here. talk about educational flexibility. needs. Maybe we ought to look at the whole More than that, we want these com- Again, I think as we all recognize package of targeted educational pro- ments to be incorporated in the appli- that we have a special responsibility to grams at the national level and see cation to the Secretary of Education so put our money where our noble words how far off the mark they really are that the Secretary understands not are when it comes to the issue of indi- when it comes to helping children in just the perspective of the Governor, viduals with disabilities and their edu- the United States. This takes some of but just as importantly—in fact, one cation in the United States, that re- our programs and says that one size might argue more importantly—the quires looking for additional resources doesn’t fit all, and Washington bureau- perspective of parents in the commu- rather than simply trying to play one crats and interpreters of these various nities of that State. off the other in terms of some children laws don’t always know best, so we are I am pleased to say after spending a versus other children. going to give local teachers and admin- great deal of discussion with Senator I thank, again, Senator KENNEDY’s istrators who know the problems the FRIST, particularly, we have reached an leadership and certainly Senator FRIST opportunity to create flexibility in

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 4190 CONGRESSIONAL RECORD—SENATE March 11, 1999 terms of how these various programs thinks would do the job best for their are a number of very constructive are used in the field for our children. children. That is not decided yet. That amendments being offered relative to I want to move ahead to a summary is still out there feverishly being this legislation, not least of which is that was given to us by the GAO that, tossed around with many other con- the afterschool program amendment in conjunction with the Budget Com- cepts in terms of education. being offered by the Senator from Cali- mittee staff and under the leadership of So, Mr. President, this is just the be- fornia, Senator BOXER, to provide for Senator FRIST, looked at a whole myr- ginning—this flexibility—of what I what I believe is a commonsense kind iad of U.S. Federal programs to see just hope is a real effort by the U.S. Gov- of Federal, State and local partnership, what we were doing and what we were ernment to reform its own education to provide for an enhanced ability to not doing. And so, Mr. President, I commitment to our States. We are all deal with afterschool programs for want to inform you that your concern saying we want the States to reform, children K through 12. when you were Governor of Ohio of all we want them to be more accountable. This is not a new idea and it is not the bureaucracy and paperwork and Well, when the bill comes up this year the province of either particular polit- missing the target by Federal pro- on primary and secondary education, it ical party. There has been a tremen- grams, if you wondered why, this is is my hope that we will not do more of dous amount of effort through the 21st why. Our National Government has the same. It is my hope that we will se- Century Community Learning Centers funded over 86 teacher training pro- riously consider a total reform of those Program across some 46 States today grams in 9 agencies and offices; 127 at- programs, because if we are asking the that have afterschool programs of one risk and delinquent youth programs in States to do better, it is pretty obvious kind or another, in 800 different 15 agencies and offices; and over 90 that we can do better also. As a matter schools, involving some 190,000 stu- childhood programs in 11 Federal agen- of fact, I believe it is borderline these dents. This amendment would create cies and 20 offices. days as to just how much the Federal the kind of partnership that would not Now, it is quite obvious that the U.S. Government’s assistance is really rais- involve Federal bureaucracy or Federal Government, our committees, and our ing the education level of our children. micromanagement, but would provide Secretary, are not the know-all and I repeat, if I had my way, and we some additional resources for our end-all of good education occurring in could focus it into the right channels, States and our schools to expand after- Ohio, New Mexico, Arizona or Massa- I would be for more Federal aid to edu- school efforts to 1.1 million additional chusetts. How could we be the end-all cation, not less. But I guarantee you, students in the United States. and the know-all when, essentially, we with the myriad of programs, as I have Our school budgets are strapped. contribute less than 7 percent of the described them, spread throughout Property taxes that fund school dis- funding? Now, it almost makes us, Government with no accountability, tricts in many of our States are al- standing on the floor speaking so elo- one program to another, I would not be ready too high. quently about what the Federal Gov- for spending more money to feed that It is apparent to anyone who has had ernment is doing with its money on kind of educational assistance when I any discussions with school leaders and education, to some extent, borderline have very serious doubts as to whether community leaders and child advocacy unreasonable in terms of credibility, it has contributed significantly to leaders that they simply cannot go it because how can you change this big helping our young people. alone, that this kind of effort requires education system—and I am going to I yield the floor. a new form of partnership. estimate that we are spending $427 bil- Mr. JOHNSON addressed the Chair. Not least of all, one of the great The PRESIDING OFFICER. Who lion a year on kindergarten through 12 gains that we have already seen dem- yields time? in all our sovereign States and all the onstrated by effective afterschool pro- Mr. GREGG. Mr. President, the Sen- school districts. You tell me how that grams in this country has been a sig- ator from South Dakota was here be- $200 million or $300 million targeted in nificant reduction in juvenile crime. At fore I was. Does he wish to have time some way—Mr. President, a former a time when we see crime rates going on the Democratic side? Governor, tell me how that $200 million Mr. DOMENICI. Mr. President, we down nationally but yet crime rates or so spread across this land can have were rotating. I will take the privilege among children, among young juve- a real impact on a system that is as di- niles, in too many instances going up, of saying that Senator KENNEDY would verse as America and into which we are there is a need for an additional strat- yield to Senator JOHNSON. spending $417 billion and we can’t get The PRESIDING OFFICER. The Sen- egy, an additional partnership to ad- the job done. It can’t be that the mil- ator from South Dakota is recognized. dress that crisis. lion dollars is going to help. It is only Mr. JOHNSON. Mr. President, I will Every study we have presented to the that we make it appear as if it is going be brief. Senate indicates that most juvenile to help. We invent the amendments and I ask unanimous consent that Susan crime occurs between 3 o’clock in the the bills, and sometimes we even take Hansen of my staff be permitted to be afternoon and dinnertime. That is a poll before we invent them to see on the floor. when experimentation with drugs, with what it is the people want. The PRESIDING OFFICER. Without alcohol, with sexual activity, and with Who can be against more teachers? objection, it is so ordered. gang participation most often occur, it But if you fund the States with more Mr. JOHNSON. Mr. President, I join is when it is initiated, and it is the money for IDEA, the disabled children, with my colleagues, Republican and time when we most need this kind of which we are already obligated to do, it Democrat, in expressing support for partnership not just with our schools relieves an equal number of dollars for the underlying Ed-Flex legislation that but with other community organiza- them to use for teachers if they would we are taking up today. This legisla- tions and civic organizations to provide like. Some are frightened, however, tion recognizes that the final thought alternative kinds of activities for that the States and the schools might in how to prioritize educational needs young people. not use it for more teachers. They in our school districts and our States The studies have already shown that might use just a little piece of it for does not reside exclusively here in to the degree we have these effective that because they already might have Washington. It will commit to a level programs in place, they have cut juve- sufficient teachers. of innovation that I think is needed in nile crime by anywhere from 40 to 70 It is not a new thing in education the 50 States, and with the proper ac- percent. That is why we have such that we dreamt up here in Washington countability, provide for many dif- broad-based support from national law that we need more teachers in our ferent strategies designed to improve enforcement and police groups across schools, although it is still not un- student achievement all across this this country. And it is why we can equivocal as to whether reducing the country. make a contrast between the modest size to the level we contemplate na- However, I think Congress would be expenditure required to significantly tionally is what every school system remiss if it stopped there. I think there increase these afterschool programs

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4191 and the alternative cost of incarcer- who have worked hard to promote this funding mechanism taking money from ation. The cost of keeping a young per- afterschool amendment and the under- the special education accounts, money son in a juvenile facility and ulti- lying Ed-Flex legislation as well. that is due the special education chil- mately in a prison equates roughly to Mr. President, how much time re- dren of this Nation under the law that the cost of sending them to Harvard for mains on each side? was already passed by this Congress— a year. For a much more modest ex- The PRESIDING OFFICER. Six and taking that money and using it for a penditure, we can keep whole commu- one-half minutes on your side. brand new Federal program instead of nities intact, have the kind of respon- Mr. JOHNSON. I retain my time and putting it where it is supposed to be, sible adult supervision, and have the yield the floor. which is with the special education kind of focus in these young people’s Mr. JEFFORDS addressed the Chair. child through 94–142. The PRESIDING OFFICER. The Sen- lives that they so badly need. Let’s review that issue for a second, ator from Vermont. I have been holding meetings all because it is so critical to this whole Mr. JEFFORDS. Mr. President, first across my home State of South Da- debate. I will yield 10 minutes to the Senator kota, meeting with parents, with We have put forward an amendment from New Hampshire. on our side that says: Before you start teachers, with law enforcement offi- The PRESIDING OFFICER. The Sen- cials, with child care providers, and the a new program, before you create a new ator from New Hampshire is recognized panoply of Federal regulations, let’s do need for expanding after school pro- for 10 minutes. grams is obvious. More and more fami- the job that we said we were going to Mr. GREGG. Mr. President, I thank do for the special education kids in this lies are working. Both spouses are in the Senator from Vermont. I want to the workplace, neither of them at country; let’s pay, or begin to pay, a congratulate the Senator from higher percentage of the cost of spe- home, because of the economic neces- Vermont and the Senator from Ten- sity of having a two income household. cial-education education. nessee, Senator FRIST, for having When the special education bill was South Dakota has one of the highest brought this bill finally to a vote after originally passed, the Federal Govern- ratios of two-spouse incomes in the Na- what was considerable resistance from ment said it was going to pay 40 per- tion. More and more single-parent the other side and what amounted to cent of the cost. It dropped down to households as well find themselves con- essentially a blocking of this bill as where the Federal Government was fronting the latchkey option with their initiative after initiative after initia- only paying 6 percent of the cost 3 young people in the family. tive was brought forward from the years ago. And that difference, that 34 As a consequence of this very appar- other side. percent, was having to be picked up by ent reality, South Dakota. Has struck I think you have to look at the con- the local taxpayers. The Federal share a bipartisan level of cooperation and text of this bill in the context of those was having to be paid for by the local understanding about the need for these amendments from the other side that taxpayer. So that skewed education at programs. My Governor, Republican were offered. The concept of this bill is the local community. Governor William Janklow, has been to give local communities, local teach- So, if the local teacher needed some one of the more forceful advocates of ers, local principals, and local school assistance in their classroom, maybe a an expanded State-local partnership on boards the ability to apply the Federal teaching assistant, or, if a principal afterschool programs. I applaud his funds and to be released from the bur- needed an addition onto the school, or leadership on the issue. He has secured den, the cost, and the interference of needed some new computers, they the services of Loila Hunking, the Federal regulations. That is what Ed- couldn’t buy those kinds of things, state coordinator for child care serv- Flex is all about. they couldn’t hire that new teacher. ices and a long-time Democrat activist, Thus, it is with some irony and sig- Why? Because the Federal Government to head up his afterschool program. It nificant inconsistency of the proposals wasn’t paying its fair share, its obli- has been a model in many ways and re- that we have seen thrown at this bill gated share, of the cost of special edu- flects what States in other parts of the from the other side do just the oppo- cation. And the local community was country have been doing to bring both site. They create new program initia- having to take local dollars to support sides together to set aside political po- tives, almost all of which have been the Federal obligation for special edu- larization and, instead, to focus on subject to no hearings, no disclosure in cation. what in fact is in the best interest of the sense of the congressional process, So what did the other side come for- our kids and our communities. almost all of which create brand new, ward and suggest? We are not going to But it is all too apparent—even federally mandated, programmatic ini- pay any more money to special edu- though we have been building facilities tiatives which tell the local commu- cation. We are not going to increase and afterschool program facilities that nities, you must do this in order to get that money at all. This administration can be used for afterschool programs, these Federal dollars: You must do this set up a Federal budget. Instead of new and day-care centers, even though we in order to get these Federal dollars. money for special education, it essen- are scraping to find private funds to And the directive comes from here in tially flat-funded that program and match local school funds and State Washington. It says that some group of took the money that was supposed to funds—that the resources simply are bureaucrats sitting in the Department go to special education and put it in all not there, and all too often the commu- of Education, or at the White House, or these new programs they created. nities where the need is the greatest maybe just the leadership on the other What does the local school district do are the communities that have the side of the aisle, is going to tell some now? They get hit twice: First, they least financial capability of providing school district in New Hampshire, or get hit by the Federal Government, for these kinds of programs. Vermont, or Missouri, or wherever, which refuses to pay for the special So, again, if we can come up with how to manage their day-to-day activ- education children to the tune of the 40 this amendment to authorize adequate ity of managing the education of chil- percent they are supposed to. Then, funding for an afterschool program, we dren. they get told, if you want to get the will, make a long stride forward not Those proposals, which are being put dollars from the Federal Government, only to anticrime strategy but a pro- forward—whether it is the 100,000 which is supposed to be coming to you education strategy and one that both teachers, the afterschool program, the for special education, you have to fol- political parties can rally around. I school building program—are all fun- low one of these brand new, great ideas think it compliments our Ed-Flex leg- damentally inconsistent with the un- that the President has held a press con- islation. It compliments everything derlying purpose of this bill, which is ference on. You have to follow one of else that we are doing here on the floor to free up the local communities from these press conference initiatives, today. the burden of Federal regulation. whether it happens to be more teach- I want to again applaud Senator More significantly than that, every ers, more classroom size, or more after- BOXER, Senator KENNEDY, and others one of those proposals suggests as its school programs.

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 4192 CONGRESSIONAL RECORD—SENATE March 11, 1999 So the local school district, in order group of students, well, ladies and gen- ica that care about education. I know to get this money, first loses it, and tlemen, the people who are pitting one one of the school board members in my then it is told, ‘‘Oh, but we will give group of students against the other hometown of Mobile, AL, exceedingly you the money that we just took from group of students is the administration well. His abilities and talents will you, but you are going to have to fol- and the people who support these ad- match any Member of this body. He low what we want you to do here in ministration initiatives, because what knows a lot more about the education Washington.’’ they have done is to say we are going going on in his area than we know in How arrogant can we get? At what to pit the special ed students, who we this body. Who is to say what is the point does the arrogance of this admin- are supposed to be funding, against our best way to expend money to improve istration stop in the area of education? programs coming from Washington be- our children’s education? The thing I do not believe that there is one per- cause we are going to take their money that counts is that magic moment in a son in this administration who can and use it. classroom when learning occurs and name more than maybe one child at That is where the real conflict children are motivated and inspired to Epping Elementary. I do not believe comes. So we are going to give you an do better. they have any idea what the child in opportunity. We are going to give you I do not believe this Congress has the the Epping Elementary School needs an opportunity to live up to the obliga- ability or has a proven track record of for education. When that teacher in the tions which the Federal Government improvement. We now have a host of Epping Elementary School walks into put on the books back in 1976 and has amendments. We have 788 Federal pro- that classroom and that teacher knows refused to live up to. And we are going grams—788. We had an amendment of- every child at every desk and knows to give the communities the option of fered yesterday that would mean the what the child needs for education and choosing whether they want a teacher, 789th; it would create a dropout czar knows that they need more books or a program directed from Washington, for America. more computers or maybe they need designed by Washington, told to them I have been involved in local pro- another teaching assistant, it should how to operate by Washington, or grams to deal with dropouts. Programs be that teacher who makes the decision whether they want to free up their like that are happening all over Amer- as to what is used to help that child’s local dollars by getting more special ed ica. It is not going to be solved by some education. It should not be here in dollars that the Federal Government Federal dropout czar. Washington that that decision is made. was obligated to pay in the first place This legislation is precisely what we And yet, that is exactly what these and use those local dollars to either, need. It needs to go out of here clean, proposals suggest: Don’t give the local one, hire a teacher; two, buy books, not as an appropriation, big Govern- school districts the flexibility to spend add new computers, add a new class- ment spending bill, but a bill that gives their own money on special ed, to room, whatever they want to do with flexibility to the schools. spend their own money on general edu- it. That is the ultimate flexibility. The Presiding Officer was Governor. cation activities. Instead, force the The choice is going to be pretty clear He knows how much benefit was gained local school districts to take up the here today as to how you want to man- when welfare reform was accomplished Federal share of special education age education in this country. You can and we gave flexibility to Governors. I costs and then tell the local school dis- vote for all these directives from Wash- think it is time we give flexibility to tricts that because we want you to ington, all these programs which are our State and local school systems to have more teachers in order for you to made for the creation of press con- improve education. get the money which was supposed to ferences but give the local commu- I thank the chairman, the Senator go to special ed, you have to apply and nities no flexibility and no opportunity from Vermont, for his leadership. This take on this new Federal program. to make their choices as to how they is good legislation. It is time for us to It is total hypocrisy. It is total arro- spend the money, or you can vote to pass it, and we can debate these issues gance. And yet, it is these proposals give the local communities true flexi- about how further to help education that are coming forward. Fortunately, bility by funding an obligation that when the elementary and secondary the people in this Congress, at least in has been on the books since 1976 and education bill comes up, which the the Senate, are going to have a chance thus freeing up the dollars for the local Senator will be leading later this to make a choice. They are going to community to either hire teachers, buy month. have a chance today, because we are books, add classrooms, or create after- I thank the Senator. going to give them the option. We are school programs. I opt for the side of Mr. GRAMS. Mr. President, today saying that the money last year which giving local communities, teachers the Senate debates an important bill was appropriated for the teachers’ pro- who know their kids, principals who designed to facilitate education admin- gram, $1.2 billion, let’s free that money know their schools, parents who know istration and free more resources for up so that local school districts can their children, the opportunity to our students. The ‘‘Education Flexi- make the choice: Do they want a new make decisions on dollars rather than bility Partnership Act of 1999’’ would teacher or do they want the money to the Federal bureaucracy or even an extend the ‘‘Education Flexibility come to the special education ac- American President. Partnership Demonstration Program,’’ counts? Mr. President, I yield the remainder otherwise known as ‘‘Ed-Flex.’’ Ed- That is the simple choice that comes of my time back to the floor manager. Flex allows eligible local school dis- on the Lott amendment which was Mr. JEFFORDS. Mr. President, how tricts to forgo Federal red tape that drafted by the Senator from Vermont much time do I have remaining? consumes precious education resources. and myself and the Senator from Ten- The PRESIDING OFFICER. The Sen- In return, States must have sufficient nessee, and it is really an excellent ator has 9 minutes. accountability measures in place and idea. We will find out what the local Mr. JEFFORDS. Mr. President, I continue to make progress toward im- school districts need more. Do they yield 2 minutes to the Senator from proving student education. States must want the dollars for special ed, or do Alabama. also comply with certain core Federal they want the dollars for teachers? It Mr. SESSIONS. I thank the Chair. principles, such as civil rights. The is a perfectly reasonable proposal, and I appreciate the work Senator JEF- concept of Ed-Flex is simple, yet the it is flexibility in the tradition of Ed- FORDS has done. benefits would be significant. In other Flex. Mr. President, I would like to share words, let’s put more money into edu- So this amendment, this underlying just a few thoughts. I have been in- cating our kids in the classroom rather amendment, about which I have heard volved in education with my children. I than lining the pockets of bureaucrats. people on the other side get up and say, have taught, my wife has taught in The Ed-Flex demonstration program oh, I can’t support that because it pits public school. We care about education. is currently in place in 12 States. The one group of students against another We have school boards all over Amer- ‘‘Ed-Flex Act of 1999’’ would allow all

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4193 50 States the option to participate in primary and secondary students. It their quest for personal success and the program. With good reason, the would also increase the annual con- fulfillment. A solid education for our program has been very popular. Unnec- tribution limit from $500 to $2,000 per children also plays a pivotal role in the essary, time-and-money-consuming child. The money could be used with- success of our nation; economically, in- Federal regulations are rightly de- out tax penalty to pay for a variety of tellectually, civically and morally. We spised by school administrators. Did education-related expenses for students must strive to develop and implement you know that the Federal Govern- in K–12, as well as college expenses. initiatives which strengthen and im- ment provides only seven percent of This is a simple, straight-forward ini- prove our education system, thereby local school funding, but requires 50 tiative for families and students. Com- ensuring that our children are provided percent of all school paperwork? That mon sense would have had us pass the with the essential academic tools for is ridiculous. Again, let’s put money Education Savings Accounts bill long succeeding professionally, economi- into the classroom instead of bureauc- ago. Unfortunately, tired, groundless cally and personally. racy. attacks continue. The charge I hear The most exciting aspect of this bill Ed-Flex is a step toward allowing most frequently is that ‘‘education sav- is that it brings teaching back to our more localized decisionmaking author- ings accounts and tax breaks for par- classrooms and frees our schools from ity—the power to decide when the Fed- ents would shift tax dollars away from excessive filing, correlating, faxing and eral regulations are more troublesome public schools.’’ That is simply not the shuffling of paper. It would allow and expensive than they are worth. case. schools like Barbara Bush Elementary Today, there are simply too many reg- More education dollars under paren- School in Mesa, Arizona to focus on ulations which are despised by school tal control would promote education helping children learn essentials like administrators. by encouraging parents to save, invest reading and using a computer. It would Giving more decisionmaking author- in, and support programs and materials allow Barbara Bush Elementary School ity to States and local school districts that facilitate and provide the right to focus on teaching its students rather is good common sense. Naturally, those option for a child’s education. than wasting its valuable educational who are closest to our students are in We all want the best education avail- resources for filing, typing, refiling, the best position to make the most ap- able for our children, and to improve and faxing paper to the bureaucrats in propriate and effective decisions con- the state of American education and Washington, DC. cerning their education. One-size-fits- schools for all children. It would be It is important to note that all states all legislation may work well in other nice to think that we could solve the which obtain an Ed-Flex waiver must areas, but not in education. Some of problems of education by spending adhere to basic Federal principles, in- the most successful classrooms across more and more money. Unfortunately, cluding the protection of civil rights, our Nation vary tremendously in their that doesn’t work. The United States is educational equity and academic ac- structure, functioning, and appearance. the world leader in national spending countability. In my home State of Minnesota, for per student. Yet our test scores show Like many Americans, I have grave instance, we have very rural commu- that our system is failing our children. concerns about the current condition nities, urban communities, and every- Test results released last year show of our nation’s education system. If a thing in between. We have got farm that American high school seniors report card on our educational system kids, suburban kids, and city kids. And score far below their peers from other were sent home today, it would be full all of these kids are students. And I countries in math and science. We are of unsatisfactory and incomplete know this sort of rural-to-urban com- at rock bottom. It is going to take marks. In fact, it would be full of ‘‘D’s’’ munity-mix is typical for most States. more time and effort to solve these and ‘‘F’s.’’ These abominable grades How much sense does it make then, to problems—and the most important demonstrate our failure to meet the require local school districts and class- work will be done by those in the best needs of our nation’s students in kin- rooms—all with their own particular position to do so: parents, teachers, dergarten through twelfth grade. strengths and weaknesses—to follow, and local administrators. We must give Our failure is clearly visible through- in lock-step, the homogenized, uniform them the freedom they need to accom- out the educational system. One promi- routine of Federal bureaucracy? Not plish the job. This freedom comes with nent display of our nation’s failure is much. the authority to make decisions based seen in the results of the Third Inter- We have some opportunities before us on a variety of specific needs. I will national Mathematics and Science to do something meaningful for our continue to support measures like the Study (TIMSS). Over forty countries children’s education. A complementary Ed-Flex legislation that return money participated in the 1996 study which possible amendment to Ed-Flex which and control—from Washington—to par- tested science and mathematical abili- promotes local decisionmaking power ents, teachers, and local school dis- ties of students in the fourth, eighth is Senator GORTON’s block grant tricts. After all, they know best how to and twelfth grades. Tragically, our stu- amendment, as well as Senator HUTCH- spend education dollars. dents scored lower than students in INSON’s Dollars to the Classroom Act. Mr. MCCAIN. Mr. President, I rise other countries. According to this Under these proposals, many federally today to express my support for S. 280, study, our twelfth graders scored near funded K–12 programs would be consoli- the Education Flexibility Partnership the bottom, placing 19th out of 21 na- dated and the dollars sent directly to Act of 1999, which would free all fifty tions in math and 16th in science, while states or local school districts—free states from many of the costly and scoring at the absolute bottom in phys- from the usual Washington red tape. burdensome federal regulations which ics. This helps to ensure that our education are imposed on them by the federal Meanwhile, students in countries dollars go to students, as opposed to government. These unnecessary regula- which are struggling economically, so- bureaucrats. tions prevent their schools from pro- cially and politically, such as Russia, Similarly, Senator COVERDELL’s Edu- viding innovative and effective aca- outscored U.S. children in math and cation Savings Accounts and School demic opportunities for millions of scored far above them in advanced Excellence Act is an important step young Americans. I am proud to be an math and physics. Clearly, we must forward in restoring decisionmaking original cosponsor of this measure make significant changes in our chil- authority to parents and families— which would expand the current Ed- dren’s academic performance in order where it is needed. The bill simply al- Flex program to all fifty states. to remain a viable force in the world lows families to save for their chil- One of the most important issues fac- economy. dren’s education, without tax penalty. ing our nation is the education of our We can also see our failure when we It would expand the college education children. Providing a solid, quality look at the Federal Government’s ef- savings accounts established in the education for each and every child in forts to combat illiteracy. We spend Taxpayer Relief Act of 1997 to include our nation is a critical component in over $8 billion a year on programs to

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 4194 CONGRESSIONAL RECORD—SENATE March 11, 1999 eradicate illiteracy across the country. communities. This is precisely what their seams with students, there is a Yet, we have not seen any significant the Ed-Flex program does. It removes definite need for smaller class size. improvement in literacy in any seg- the obstacles for innovative, produc- Students do better when they have the ment of our population. Today, more tive and successful educational initia- individual attention of a teacher. than 40 million Americans cannot read tives in our classrooms and frees our Moreover, I believe that this kind of a menu, instructions, medicine labels schools from the choking grip of fed- environment provides teachers and stu- or a newspaper. And, tragically, four eral bureaucrats. dents with a setting truly conducive to out of ten children in third grade can- Mr. President, it is absolutely cru- quality instruction. We, as a nation, not read. cial, as we debate this and other pro- need to do more in this regard. Another clear sign of our failure is posals to reform our educational sys- But, Mr. President, there are also displayed by the inadequate prepara- tem, that we not lose sight of the fact other pressing education priorities for tion of many students when they exit that our paramount goal must be to in- states, including funding for the Indi- the system. The number of college crease the academic knowledge and viduals with Disabilities Education Act freshmen who require remedial courses skills of our nation’s students. Our (IDEA), which remains underfunded to in reading, writing and mathematics children are our future, and if we ne- date. Disabled children deserve the when they begin their higher education glect their educational needs, we same opportunity to receive a good is unacceptably high. In fact, pres- threaten that future. education as those without a dis- ently, more than 30 percent of entering I am gravely concerned that goal is ability. I am hopeful that we in Con- freshman need to enroll in one or more sometimes lost in the very spirited and gress will continue to build toward the remedial courses when they start col- often emotional debate on education forty-percent funding commitment lege. Equally dismal is a Wall Street policies and responsibilities. Instead, that was established as part of the Journal report that two-thirds of job this should be a debate about how best IDEA legislation. I believe, however, applicants for a division of the Ford to ensure that young Americans will be that reducing class size and providing Motor Company ‘‘fail a test in which able to compete globally in the future. for the needs of disabled children are they are asked to add fractions.’’ It I believe the key to academic excel- both worthy goals that are not mutu- does not bode well for our future econ- lence is broadening educational oppor- ally exclusive, and I am troubled that omy if the majority of workers are not tunities and providing families and efforts to provide sufficient resources prepared with the basic skills to en- communities both the responsibility to achieve one of those goals may have gage in a competitive global market- and the resources to choose the best the effect of undercutting the other. place. course for their students. The notion of pitting these two worthy I am also disturbed by the dispropor- Ed-Flex is an important step in our goals against one another to score par- tionate amount of federal education journey to improve our nation’s edu- tisan political points is embarrassing. dollars which actually reach our stu- cation system and better prepare our Certainly, both can, and should, be ac- dents and schools. It is deplorable that children so that each of them has much complished. the vast majority of federal education more than their individual dreams of While many important education funds do not reach our school districts, becoming an astronaut, fire fighter or programs and new initiatives have been schools and children. In 1995, the De- pilot. The bill is an important step to- discussed during the Senate’s debate of partment of Education spent $33 billion wards ensuring that our children not S. 280, I believe that the underlying for education and only 13.1 percent of only dream but have the capacity to legislation offers some benefits in the that reached the local education agen- make their dreams a reality. This is form of flexibility. I do have concerns cies. It is unacceptable that less than what education is all about—providing that there is little substantive per- 13 percent of the funds directly reached an endless realm of possibilities formance data on the impact of Ed- the individuals schools and their stu- through knowledge. But it is just the Flex in the states now operating with dents. first of many steps which we need to it. I would have preferred to see some My home state of Arizona receives make to ensure that the best interests positive results on student achieve- approximately $420 million each year of our children, our future are being re- ment levels prior to making this type in federal education funding. These alized. I look forward to working with of expansion. But I am hopeful that the funds account for seven percent of Ari- my colleagues as we continue this jour- education accountability built into zona’s education budget, yet it takes ney towards a strong and successful this legislation will hold states to a almost half of the staff at the State educational system. higher standard and serve as an incen- Department of Education to administer Mr. BYRD. Mr. President, I have long tive to all states seeking Ed-Flex sta- the numerous rules and regulations been concerned about our nation’s edu- tus. I am also somewhat comforted by which accompany the federal dollars. cation system and the many problems the fact that the bill contains a sunset This means that half of the Arizona that individual classes across the coun- provision, which will force the Con- Department of Education staff is busy try grapple with every day. When I re- gress to revisit this issue, and, I hope, working on Federal paperwork rather flect on my days in a two-room school- live up to its oversight responsibilities. than developing improved curriculum, house, I have fond memories of my Mr. President, it disturbs me greatly helping teachers with professional de- teachers and classmates, and, most im- to witness the political divide in this velopment skills and working to im- portantly, my learning experience. The body on such an important issue which prove the quality of education for Ari- students were disciplined, my teachers affects us all, whether it be our own zona children. This is a sad com- were serious about their work, classes child’s education, that of a grandchild, mentary on the current structure of were small and well-kept, and students or a neighbor’s child. We are all for our educational system. thrived on learning for learning’s own education—it is the country’s number Much of the Federal Government’s sake. We did not have the kinds of one priority, and with many problems involvement in education is highly bu- problems so common in schools today. to solve, it is time for us to work to- reaucratic, overly regulatory, and ac- I do, however, recognize that with gether to make every child’s edu- tually impedes our children’s learning. each passing year, educating our na- cational experience a rewarding one. Clearly, we need to be more innovative tion’s children becomes an even more Ms. SNOWE. Mr. President, during in our approach to educating our chil- formidable challenge. I am pleased that the consideration of S. 280, the Edu- dren. We need to focus on providing we were able to address a few of the cation Flexibility (Ed-Flex) Partner- parents, teachers, and local commu- many concerns facing parents, stu- ship Act of 1999, several new education nities with the flexibility, freedom, dents, and educators as part of the Sen- proposals have been advanced by my and, yes, the financial support to ad- ate’s debate on this bill, S. 280, the colleagues on the other side of the dress the unique educational needs of Education Flexibility Partnership Act aisle. In particular, an issue that has their children and the children in their of 1999. With classrooms bursting at received prominent attention is an

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4195 amendment that would authorize fed- mately $20 million for the education of posals—should not occur until we have eral monies for the hiring of 100,000 the disabled, while the state and local met our outstanding federal obligation new teachers. governments are forced to shoulder to disabled children and to the states Like my colleagues, I am strongly more than $200 million of the cost. and communities that educate them. committed to improving K–12 edu- Therefore, if the federal government Mr. President, the time to fully-fund cation and ensuring that the unique were to fulfill its 40 percent commit- the federal share of education for the needs of our nation’s schools are ad- ment, an additional $60 million would disabled is now. I urge that my col- dressed. While the federal government flow to the state. leagues vote to ensure that any new K– provides only a fraction of our nation’s That’s $60 million now spent by 12 education monies be used to meet total K–12 education spending, the Maine’s state and local governments to this commitment, and to finally fulfill amount that it does provide is critical cover a federal commitment—$60 mil- a federal promise made to state and to ensuring that our nation’s children lion that would otherwise be freed-up local governments more than 20 years receive the quality education that they to address distinct and pressing local ago. need and deserve. needs. Sixty million dollars. Mr. KOHL. Mr. President, I rise Mr. President, as I look at the var- Needless to say, this shortfall has not today to express my intention to vote ious challenges and issues facing our been overlooked by officials at the for final passage of the Education nation’s schools, it is clear that every state or local level. During a recent Flexibility Act. Although this bill is state and every community has dif- meeting with representatives of the far from perfect, I support the under- ferent needs, even if some of these Maine Municipal Association, local of- lying principle of flexibility in edu- needs are fairly pervasive. While one ficials emphasized to me the need for cation, and believe we should move this community may feel that its greatest the federal government to fulfill its bill forward. need is the hiring of more teachers, an- commitment to fund 40 percent of the Despite my support for giving local other may feel that buying new text- cost of educating the disabled because school districts more flexibility in im- books or purchasing computers for the of the substantial budgetary impact it proving education, I have serious con- classroom may be the most pressing is having on their communities. cerns about this bill. Last year, we need. And during the recent gathering of passed a new initiative to hire 100,000 Over the years, various federal edu- the National Governors Association teachers to reduce class size in the cation programs have been created to (NGA), the Governor of Maine, Angus early grades. We approved this program assist state and local governments in King, interrupted President Clinton on a bipartisan basis, recognizing that addressing their disparate needs, in- during his presentation on education research has shown that smaller class- cluding programs that are designed to issues to hammer home the need for es give teachers more time to spend address issues that demand national special education funding. As quoted in with individual students and improves oversight. For instance, more than 20 a March 1, 1999, article in the Portland student achievement. years ago, the federal government ap- Press Herald, Governor King ‘‘raised School districts in Wisconsin are al- propriately demanded that individuals his hand and interrupted’’ the Presi- ready putting together their budgets with disabilities receive a quality edu- dent saying: and planning to use this Federal money cation, and the Individuals with Dis- Mr. President, I’m bringing you a report to hire teachers. They are looking to abilities Education Act (IDEA) was en- from Franklin, Maine, and a lot of other Congress to send them assurances that acted accordingly. places in Maine. What I’m telling you is that the teachers they hire today will re- Unfortunately, even as the federal if you want to do something for schools in ceive Federal support over the next six government appropriately mandated Maine, then fund special education and we years. I am extremely disappointed that disabled children be educated at can hire our own teachers and build our own that the Senate failed to adopt Senator the local level, it has continued to fall schools. MURRAY’s class size amendment, which woefully short in fulfilling its promised Mr. President, I don’t believe the would authorized the program for six commitment to cover 40 percent of the thoughts and comments by the Gov- years and given our school districts associated cost. In fact, as several of ernor of Maine are unique to our state. that assurance. I am hopeful that we my colleagues have emphasized, the This is a national problem that re- can still address this important issue federal government only funds approxi- quires federal action. Paying ‘‘lip-serv- later this year. mately 10 percent of the cost today— ice’’ to this funding commitment is no In addition to the Senate’s failure to and that paltry percent has only been longer enough. We cannot simply brush authorize the class size initiative, I am achieved through Republican-led ef- off the comments of governors and also concerned that the bill, as amend- forts over the past three years to in- local leaders by expressing support for ed, pits students with special needs crease funding for IDEA by 85 percent! the full-funding of education for the against other students in fighting for As a result of the ongoing federal disabled and not achieving it—rather, education funding. This is inexcus- shortfall, state and local governments it’s time to actually deliver on the able—and unnecessary. are not only forced to cover the 60 per- promise made more than 20 years ago. I agree that the Federal government cent share that was agreed to—but For this reason, I believe Congress must live up to its obligation to pay they also pick-up the missing 30 per- should ensure that the federal share of for 40% of the costs of special edu- cent federal share. education for the disabled is fully-fund- cation. It is a responsibility we have Mr. President, this broken promise ed before new programs are created. failed to meet for far too long, and I on the part of the federal government Not only will this ensure that a long- will continue to fight for full funding must not continue. Not only does it standing federal promise will finally be of special education. However, I believe represent a failure on the part of the met, but it will also ensure that dis- it is time that we make education of federal government to meet an impor- tinct local needs—which may include all our children—including those with tant obligation to our nation’s disabled the hiring of new teachers—can be special needs—our top priority. There children, but it also forces states and readily addressed. is no reason why we cannot fully fund communities to divert their scarce re- During the upcoming reauthorization all of our educational needs in this sources for this unfunded mandate—re- of the Elementary and Secondary Edu- country. We should fully fund special sources that could otherwise be used to cation (ESEA) Act, there will be count- education, and we should fully fund address a wide variety of local needs, less opportunities to reform and im- class size, and after-school programs, including the hiring of new teachers. prove federal education programs that and school construction. We can do all To demonstrate the impact of this are intended to address distinct needs. of these things—and we should not pit unfunded mandate, consider that in my But the time to create truly new fed- any of these vital programs against one home state of Maine, the federal gov- eral education programs—and to de- another as some have tried to do here ernment currently provides approxi- vote federal resources to these new pro- today.

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 4196 CONGRESSIONAL RECORD—SENATE March 11, 1999 I am extremely concerned about the clusion, and I quote: ‘‘The greatest I want to thank the sponsor of the amendments that were added to this benefit to having Ed-Flex authority is Ed-Flex legislation, Senator FRIST, for bill today. Although I recognize that that it, combined with the ability to his work with all members to improve school districts need additional re- waive State rules and statutes, estab- this bill. The manager’s amendment sources for special education, I believe lishes a school-planning environment that we accepted last week addresses these amendments wrongly force them unencumbered by real or perceived reg- many of the concerns that have been to choose between special education ulatory barriers. This environment en- raised about this legislation. Without and hiring teachers—another essential courages creativity, thoughtful plan- going into the details of the amend- need they face. We should not force ning, and innovation.’’ ment, I would simply point out that it them to make this choice—we should Mr. President, that’s as true every- will strengthen accountability meas- provide enough funding to fill both where else in America as it is in Ohio. ures currently in the bill, require needs. And that’s why this Ed-Flex bill has states to coordinate their Ed-Flex ap- Although I am deeply troubled about such strong bipartisan support. plications with state comprehensive these amendments, I will vote for final But I should note that while Ed-Flex plans, emphasize school and student passage of the bill because I believe in is an important step forward, it is just performance as an objective of Ed-Flex the original intent of providing more a single step. We need to do more. Over and add additional provisions for public flexibility to States and local school the next year, the Health, Education, notice and comment regarding Ed-Flex districts. I am voting for it now be- Labor, and Pensions Committee, on proposals. cause I think we need to move this bill which I serve, will be working on the Ultimately, our children’s success in forward. However, I strongly believe Elementary and Secondary Education education depends on the support they Act of 1999—which will deal with al- these amendments should be dropped in receive at home and in the classroom. most all of the federal programs that conference. If this bill comes back from Our focus in Washington should be to impact K–12 grade education. When the the Conference Committee with these take every opportunity to empower Elementary and Secondary Education amendments still included, I will be parents and then free local schools Act was passed in 1965, it was 30 pages forced to oppose the bill. from regulations that prevent improve- long, today it is more than 300 pages Mr. President, I still hold out hope ments and innovations in local schools. long. As a member of that committee, that these problems can be worked out Mr. President, that’s why I strongly I will be looking to empower parents, in conference, and that we can move support this bill. support local control, promote effec- this bill, which was originally a bipar- PREVENTION OF TRUANCY ACT tive teacher training programs, recog- tisan bill, forward expeditiously. Mr. DODD. In the 105th Congress, I nize and reward excellent teachers, and Mr. DEWINE. Mr. President, I rise offered my legislation, the Prevention send more money back to the states today in strong support of S. 280, the of Truancy Act, as an amendment to and local schools with no strings at- Education Flexibility Act. This legisla- the Ed-Flex bill during the Labor and tached. tion will give greater responsibility, Remember: The Federal Government Human Resources Committee’s consid- flexibility, and control to local schools. provides only 6 percent of local school eration, where it failed on a tie vote. It That’s where the students, parents, and funding, but demands 50 percent of the was my intention to offer it on the teachers are. That’s where the edu- paperwork that burdens local teachers floor on this bill. However, I am cation happens. and administrators. That burden de- pleased instead to be on the floor with That’s where the control ought to be. mands nearly 49 million hours each my colleague from Alabama, Senator I have been fighting for our teachers year—or the equivalent of 25,000 school SESSIONS, to discuss our common inter- and local school administrators for employees working full time—on pa- est in assisting communities address many years, and I think one of the perwork, not kids. There are over 700 this real and serious problem and ex- most important things we can do for separate federal education programs press our intent to offer legislation them is liberate them from Federal red spread across 40 separate federal bu- similar to the bill I offered last year tape—so they can do what they do best: reaucracies. soon. We will also be working with Teach our kids. Mr. President, I am concerned about Senator BINGAMAN who offered similar In offering this bill, our distinguished the quality of our children’s education. legislation last Congress and Senator colleague from Tennessee, Senator The Third International Math and COLLINS who supported my amendment FRIST, is striking a blow for freedom in Science Study recently reported that in Committee last year. American education. out of 21 countries, the U.S. ranked Senator SESSIONS, a new member to This bill would expand an existing 19th in math and 16th in science, barely the Committee on Health, Education, pilot program to all eligible states. It ahead of South Africa. Verbal and com- Labor, and Pensions and the Chairman is a good deal for the states—in this bined SAT scores are lower today than of the Judiciary Committee’s Sub- bill we offer to free the states from the they were in 1970. Businesses spend committee on Youth Violence, believes burden of unnecessary, time-consuming more than $30 billion annually in re- as I do that truancy is a gateway of- Federal regulations. In return, all training employees who cannot read fense, and that this legislation would states have to do is comply with cer- proficiently. Nearly 30 percent of col- present us with an opportunity to tain core principles, such as civil lege freshmen need remedial classes. catch good kids before it is too late. rights, and establish a system of ac- Mr. President, these are disturbing The Senator from Alabama has worked countability. The bill also would re- statistics. As we move forward to im- hard for the duration of his career on quire states to have a system of prove our children’s education, I urge finding solutions to difficult issues waiving their own regulations. my colleagues to remember that the such as truancy. I believe this legisla- My own home state of Ohio has been most important education tool in any tion will truly make a difference in the one of the pilot programs and has pro- classroom is a qualified, highly trained lives of many children and, at the same vided over 200 waivers for local schools. teacher. After parents and families, time, prevent juvenile crime. I also be- For example, the Eisenhower teacher America’s teachers play the most im- lieve that our working together will training program only supported math portant role in helping our children re- produce strong, solid legislation that and science training. Using Ed-Flex, alize their potential. Our current we should all be able to support. Ohio waived this requirement—and teachers are doing a good job—indeed, Mr. SESSIONS. Mr. President, I am today schools can use this program for a great job—given the resources they pleased to be working with the Senator training teachers in other subjects have to work with. Clearly, it’s time to from Connecticut on truancy legisla- such as reading and social studies. change the way we allocate resources. tion. I am struck by the alignment of The Ohio Department of Education, It’s time that today’s teachers get our interests here. I believe this is a in its annual report to the Secretary of more support and training and less pa- national problem and one that deserves Education, reached the following con- perwork from the federal government. federal attention. I am pleased that

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Senator DODD and I have been able to signal the end of the Senate debate on districts and schools to use Federal work out an agreement here that school-aged child care, but the begin- dollars in a smart and efficient man- avoids an amendment to the Ed-Flex ning of our work. ner. Ed-Flex has also encouraged sev- bill on this subject, which would be a Senator DODD has been a leader on eral states to streamline their own reg- concern for me and a number of my child care and other youth issues for ulations and statutes, thus providing colleagues who very much want to be his entire congressional career. He has their schools with better guidance and supportive in this effort to address tru- continually worked to craft effective clarity on state requirements. ancy. I look forward to working with legislation that will help children and Some of the requirements of Federal the Senator to bring forward a strong their families, and I appreciate his programs have produced nonsensical bill from my committee to support ef- tireless efforts. results. For instance, in my home state forts to assist local governments in By working together, I have little of Indiana, the town of Elwood oper- their efforts to reduce truancy. doubt that we can greatly improve the ates two separate elementary schools. AFTERSCHOOL CARE Federal Government’s response to the One of these schools meets the 50 per- Mr. DODD. Mr. President, I’d like to needs of school-aged children and their cent threshold for Title I so it can im- thank my colleague from Vermont for families. plement Title I programs school-wide. his cooperation in working out an Mr. BAYH. Mr. President, I rise However, the other school just misses agreement to address the need for today as an original cosponsor of the this threshold and must restrict Title I afterschool programs as part of the Education Flexibility Partnership Act resources to only Title I students. That Health and Education Committee’s re- of 1999. I am pleased to join with a bi- particular elementary school in authorization of the Elementary and partisan group that includes thirty- Elwood, Indiana would be cited by the Secondary Education Act later this three of my colleagues and almost all State Board of Accounts if they were year. of the nation’s governors, to ensure to allow non-Title I students the use of As my colleagues know, I was plan- that all states have the flexibility to their computer lab which was paid for ning to offer an amendment to the encourage education reforms of the with Title I funding. These Federal re- Education Flexibility Act, that I of- highest standards in our schools. This quirements have not only produced two fered when this bill was in committee, legislation enjoys the support of the systems of elementary education for to increase funding for programs serv- National Education Association, the this town, but has created confusion ing children during out-of-school hours National School Board Association, the over what sort of educational programs through the Child Care and Develop- National Conference of State Legisla- can be implemented. This kind of strict ment Block Grant and the 21st Century tures, and the National Governors’ As- regulation is not only absurd, but Community Learning Centers Pro- sociation. counterproductive to school reform. As gram. As many of my colleagues know, the long as Title I students are being tar- I know that my colleague from Ed-Flex Program was established in geted for additional assistance, there is Vermont shares my strong interest in 1994 under the Goals 2000 Program. It no reason a school should be prohibited ensuring that children have safe alter- originally authorized 6 states to par- from sharing its resources with all of natives during the hours they are not ticipate in a demonstration program its students. In twelve states, Ed-Flex in school. He has been a leader for that would allow States the ability to has allowed local education agencies years on this specific issue as well as a waive certain Federal regulations and and schools to operate Title I programs tireless advocate for many other crit- statutes for local school districts and on a school-wide basis thus equalizing ical concerns of American families. schools in return for high standards the standard of learning for all stu- Mr. JEFFORDS. This is a very im- and accountability. In 1996, Congress dents. portant issue for me, but not nearly as expanded the Ed-Flex Program in the Some have raised the issue that Ed- important as it is to the parents of the Omnibus Appropriations Act to include Flex does not address the major con- nearly 24 million school-age children six more states. While this waiver au- cerns of our nation’s school districts. who need care while their parents thority may seem broad, Ed-Flex While Ed-Flex will not on its own solve work. The issue of how best to meet States may only grant waivers for se- our education problems, it can spur our the needs of school-aged children and lected Federal programs. Most impor- States and schools to creatively ap- youth will be addressed—not just in tantly, these states may not waive proach old problems in a new way. As a the context of one program, like the Federal requirements relating to former Governor, I know first-hand 21st Century Community Learning health, safety, civil rights, parental in- how easing strict Federal requirements Centers Act, but within the framework volvement, allocation of funds, partici- can help states achieve positive re- of a comprehensive, cohesive review of pation by pupils attending private sults. Any school teacher will tell you Federal public education policy. schools, and fiscal accountability. that there is no one lesson plan from Mr. DODD. Out of consideration for With over 14,000 school districts in which to educate all of our nation’s the Senator’s interest in moving this this nation, there cannot be one edu- students. Just as each child is unique bill forward expeditiously, I have cation reform plan that fits every com- in his or her capacity to learn and agreed to withdraw my amendment. I munity. Ed-Flex allows states and grow, so too our are nation’s school am pleased that Senator JEFFORDS has local education agencies to commit to districts unique. No matter how well- agreed instead to take up this issue as common goals and purposes and yet al- intentioned, the Federal Government part of ESEA and to hold comprehen- lows them to choose the best path to cannot continue down the path of a sive hearings on the issue of after- achieve these results. Ed-Flex is not a one-size fits all educational system for school care this year. cure-all for education reform. It is just our nation’s children. Education is now I am particularly pleased that Sen- a common-sense, practical tool that al- and will continue to be the primary re- ator FRIST shares our concern about lows local school districts and schools sponsibility of local communities and the documented rise in juvenile crime to get back to the business of edu- states. Educators, community leaders, that we see in the hours immediately cating our youth and away from the and parents are the best judges of what after school. I also appreciate his business of filling out forms. is good education policy for their pledge to work with us to increase sup- Most waivers granted under Ed-Flex schools. Each community has different port for afterschool programs. have dealt primarily with the use of needs and by expanding the Ed-Flex Mr. JEFFORDS. I want to thank Title I funds on a school-wide basis and Program, we can allow them to partner Senator DODD for helping us move the the allocation of Eisenhower Profes- with the Federal Government to educational flexibility legislation sional Development Funds for teaching achieve some truly outstanding re- along. I want to assure him and my disciplines other than math and sults. Senate colleagues that the withdrawal science. These are common sense For example, a school dis- of Senator DODD’s amendment does not changes that have allowed local school trict was able to identify a trend in

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 4198 CONGRESSIONAL RECORD—SENATE March 11, 1999 math and science performance of mid- cials, who know our students best, ever, I strongly believe that federal dle school students who came from two make the decisions about where a education programs need to go farther elementary schools. After looking at school spends its money. But as federal in to set clear goals and then provide the assessment results and the demo- involvement in education increased as much flexibility as possible to local graphic make-up of the student popu- since the 1960’s, Washington began to policymakers, as well as principals and lation, they were able to use the waiver regulate how our schools spend their classroom teachers. authority to implement comprehensive funds. Even after all these new regula- To that end, this bill will allow planning and greater resource coordi- tions, America’s dropout rates are near schools in all 50 states to apply for nation. The result has been improved 40 percent in many urban areas, three- waivers from a set of state and federal reading and math instruction for this fourths of all 4th graders in high-pov- education laws. I voted for expanding school district’s elementary and mid- erty communities cannot read at a Ed-Flex in 1998, and I am proud to have dle school students. basic level, and our most disadvan- supported creation of the demonstra- Our nation’s schools will face many taged communities remain in need of tion program that gave New Mexico challenges in the next century. Dilapi- real education reform. this flexibility three years ago. dated school buildings, overcrowding in Americans understand that Wash- I am also supporting this bill because the classrooms, and a shortage of ington can’t possibly know what is best I am a strong advocate of increased qualified teachers will place great de- for a particular student in Memphis or funding for special education. Special mands on our country’s educational in Los Angeles or in Miami. Patrick education provides specialized services systems. While Ed-Flex alone will not Jacob of Germantown, TN, wrote to me to students that can require significant solve all of these problems it can ease earlier this month to remind me that additional costs to schools and local the burdens placed on our educators so when the Federal Government tells our school districts. These services are es- they can rise to meet the challenges of schools how to spend their money, it sential to these students, and the fed- the future. I am pleased to vote in reduces the community’s ability to eral government should do its part to favor of final passage of the Education take responsibility for educating our support these efforts. Flexibility Partnership Act which ex- children. During the past 3 years, I have pands this successful program so that There are real solutions in education worked with my colleagues in the Sen- all states, not just twelve, have the op- and they are coming from states from ate to help increase funding for the In- portunity to waive Federal require- Texas to North Carolina and Arizona dividuals with Disabilities Education ments that present an obstacle to inno- and from cities from Milwaukee to New Act by billions of dollars. My goal, as vation in their schools. York. However, federal regulations stated in the IDEA statute, is that the I thank Senators FRIST and WYDEN often prohibit states from expanding federal government meet its commit- for re-introducing this effective tool of these reforms. Ed-Flex will give state ment to IDEA funding by providing 40 reform. I believe this bipartisan ap- and local school officials greater free- percent of the costs of educating spe- proach is a step in the right direction dom from burdensome requirements of cial education students. And this bill towards helping our nation’s schools federal education statutes or regula- sends a strong signal that additional achieve positive results. tions that impede local efforts to im- funding in FY2000 and beyond is re- Mr. THOMPSON. Mr. President, I prove education. For example, if the quired for IDEA grants to states. rise today to express my support for parents, teachers and leaders of a par- For these reasons, I am voting in the Education Flexibility Partnership ticular school district decide that addi- favor of final passage. However, I will Act of 1999, better known as Ed-Flex. tional money is needed for reading in- carefully watch the final legislation This bill will help to restore the proper struction, that school district should that is produced by the conference respect for the ability of states and not be precluded from shifting its re- committee on S. 280 before deciding local communities to educate our chil- sources to achieve that goal. Ed-Flex how to cast my final vote before this dren. I applaud the work done by my will free our schools to make more of bill is sent to the President. colleagues, BILL FRIST and RON WYDEN, these critical choices for themselves. For example, in my view it is unfor- and I am pleased to join them as a co- Ed-Flex costs American taxpayers tunate that the final version of this sponsor of this bill. Ed-Flex is a com- nothing. And instead of sending an- legislation could have the unintended mon sense, bipartisan, cost-effective other unfunded mandate down from and unnecessary effect of diverting approach that empowers states and Washington, it provides our states with funding from the new class size reduc- local communities to put their focus what governors from both parties tion program started last year. Under where it belongs—on educating our asked us for when they came to Wash- this program, New Mexico is slated to children, not on complying with federal ington last week—flexibility. receive $9.6 million in FY99, which mandates. I urge my colleagues to join me in would allow schools around the state The principle of federalism is vital to supporting this important legislation. to hire more than 250 teachers. our democracy. This principle holds Mr. BINGAMAN. Mr. President, I rise There is no reason that the Senate that the Federal Government has lim- in support of final passage of S. 280, the cannot support this program as well as ited powers and that government clos- Education Flexibility Partnership Act increased funding for IDEA. In fact it est to the people—states and local com- of 1999 and would like to take a brief would have been preferable to have ex- munities—is best positioned to serve moment to describe my reasons for tended the authorization for the class the people. Our Founding Fathers had supporting this legislation. Despite se- size reduction program so that these serious concerns about the tendency of rious concerns about the amendments efforts could continue into the future. I our government to centralize power that will be offered here on the floor am concerned that, by merging two and to encroach on a state’s ability to today, I am voting for this legislation viable streams of funding into what is improve the lives of its citizens. as a strong supporter of both increased in effect just one source, the overall This federal encroachment has been federal flexibility and additional fed- amount of funds awarded for education particularly pronounced in the area of eral funding for special education. may not increase as much as is needed. education. The U.S. Constitution as- First and foremost, I am in favor of Because of these concerns I voted signs Washington no responsibility at making federal education programs as against several amendments to S. 280 all for education. Indeed, for its first flexible as possible. Over the years, re- that would make schools decide be- two centuries, America’s Federal Gov- quirements and regulations in many tween the special needs of disabled stu- ernment understood that the 10th areas have crossed the line from re- dents and the clear imperative to lower amendment left responsibility for edu- sponsible monitoring to redundant pa- class size in the early grades. Ideally, cation to the states. America’s edu- perwork. Much has been done in recent there would be two strong programs cation system works best when par- years to lessen administrative burdens that would both receive the funding ents, teachers, and local school offi- and eliminate federal regulation. How- they deserve.

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4199 I am also concerned that the Senate date. That was ultimately accepted by some 7 to 8 percent of the total fund- version of this legislation may not the Congress. ing. Last year, again in the sub- have sufficient accountability meas- But I do think the idea for new committee, we increased the funding ures to go along with the expanded teachers is a good idea. The question of by about $3.5 billion, about 10 percent, flexibility that is in the Ed-Flex bill. how to fund it is always the tough bringing the total Federal share to The taxpayers expect us to account for issue. Similarly, the proposals for drop- about $34.5 billion. But the principle of the roughly $15 billion per year that is out prevention and afterschool pro- federalism continues to be sound, and sent to local schools, and in my view grams again are sound and it is a ques- that is that we ought to leave as much there should be stronger measures of tion of finding the adequate funding for to the States as we can and we ought performance and review in the final these kinds of important programs. to leave as much to the local education conference report. I believe the Senate spoke very loud- agencies as we can, with the people at Finally, it is extremely unfortunate ly and very emphatically on the ques- the local level knowing best what their that this version of the bill does not tion of giving local school districts the needs are. So if there is a limited create the national dropout prevention choice as to whether to use the money amount of funding, let them make the program that I had offered as an for special education, or whether to use choice among special education or new amendment. This amendment, which the money for new teachers, or what to teachers or dropout prevention pro- passed last year by 74 to 26, would ad- use the money for. The local education grams or afterschool programs; leave it dress the fact that 500,000 students drop agencies were given that discretion on to the people who are closest to the out of school each year. There is no a vote of 61 to 38, where 6 Democrats problems. funded program to help lower dropout voted with 55 Republicans on that So, all in all, there was a bit of par- rates. And yet students in too many choice issue. Funding special education tisanship here but I think it was justi- schools have just a 50–50 chance of is a very major problem in America fied to get the bill passed—not too graduating. Those that don’t will earn today. The Federal Government has much, with only three votes being less, be more likely to need public sup- imposed a mandate on the States, and along party lines—and deferring to an- port, and more likely to get involved in the Supreme Court in a recent decision other day the important programs crime. That affects all of us, not just has broadened the terms of that man- which were not enacted today, but the individual students. date. maintaining a very important point of In the subcommittee that I chair, It is my hope that some of these con- flexibility to allow local education which funds education, we have pro- cerns can be addressed during the con- agencies to have the dominant voice in vided very substantial increases for ference between the House and Senate. meeting their needs as they see them, special education, but the Federal Gov- Mr. SPECTER. Mr. President, I have being closest to them. ernment has made a commitment for 40 sought recognition to comment on the I yield the floor. percent funding and we are nowhere important education bill which we are The PRESIDING OFFICER. Who near that. So when you talk about the about to pass on its substantive merits, yields time? The Senator from Massa- priorities of more new teachers or and also to speak briefly on the poli- chusetts. money for special education, that mat- tics, where the bill might have ap- Mr. KENNEDY. Mr. President, how ter was put to the Senate for a vote peared at some points to be partisan, much time do I have. and, not strictly along party lines, the with three votes on amendments being The PRESIDING OFFICER. The Sen- Senate voted to have the option with cast along party lines. I am convinced ator has 6 minutes 24 seconds. the local education agencies; with the that we will have a very strong bipar- Mr. KENNEDY. I yield myself 6 min- vote being 61 to 38, some 6 Democrats tisan vote on final passage. At the utes, Mr. President. joined the 55 Republicans. Mr. President, in the last 3 or 4 same time that the Senate will pass When the choice issue was articu- weeks, we have heard our majority this Education Flexibility Partnership lated along a slightly different line, leader on three different occasions in- Act, the House of Representatives is the vote was 78 to 21, with some 23 dicate that the most important issue working on similar legislation, so it Democrats joining 55 Republicans. we are going to address in the early will be presented to the President for That amendment also had provisions to part of this session was education. Over his signature, which we are optimistic keep the guns out of schools, which the period of the last 6 days, we have of obtaining. was doubtless an incentive to make tried to debate a number of the ideas I think it is important to note that that a stronger bipartisan vote than on there were important provisions in some of the others. that we have on this side of the aisle, amendments offered by Members on Two of the other amendments were 59 and certainly there ought to be the op- the other side of the aisle, where there to 40, with 4 Democrats joining the Re- portunity to debate amendments from were good programs which can be publicans and, 57 to 42, 2 Democrats the other side of the aisle as well. taken up in due course. The program joining—and although we did have 3 We have tried to do that, but have for new teachers I think is a good idea. votes along party lines, 55 to 44, there been effectively closed out from that The program for dropout prevention is was a very definite bipartisan flavor to opportunity. another good idea. The program for the votes on this matter. I would like at this time, to read a afterschool provisions I think, again, is It is always difficult when we have statement by Senator PATTY MURRAY, sound and can be taken up at a later votes which are 55 to 44, strictly along who, because of a death in the family, time. But had they been pressed on this party lines, with the question being will be unable to be here to make this bill, we would have had gridlock and raised: Isn’t there any independence representation in the final few minutes this bill would not have been enacted. among 55 Republicans or the 44 Demo- of consideration before we go into a se- Last year, the President proposed crats? But the party line was adhered ries of votes—the most important $1.2 billion as a starter for 100,000 new to in order to get the bill passed, even being the time-sensitive issue of small- teachers. That was accepted by the though, as I say, in voting against new er classes for grades K through 3. This Congress. Before the President came teachers, against dropout prevention is what Senator MURRAY says: forward with that proposal, in the sub- programs, and against afterschool pro- Mr. President, I want to express how deep- committee of Labor, Health, Human grams—those are good ideas, and on ly disappointed I am. The Senate had a tre- Services, and Education which I have another day we will be able to take mendous opportunity to work together to the privilege to chair, we had put pro- them up. But if we were to maintain make a tangible difference in our children’s visions in for some $300 million which lives and their futures. But instead, Repub- these programs, I think this bill could licans have chosen the path of partisanship would have provided for as many new not pass if we do not draw the line to and division. teachers as could have been hired dur- focus on Ed-Flex in this bill. Last October, the Senate reached a bipar- ing fiscal year 1999. The President The flexibility I think is a very good tisan agreement to reduce class size and im- came in with a bigger figure at a later idea. The Federal Government funds prove teacher quality. Republicans and

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 4200 CONGRESSIONAL RECORD—SENATE March 11, 1999 Democrats worked together to reach a com- idea that we are pitting one group of resentatives just a few hours ago, and promise that is sending funds to local school children against another, which effec- ultimately to be signed by the Presi- districts this July. We did it because we tively is what the Republican amend- dent, we can give these opportunities knew it was the right thing to do. That sim- ments are doing. to all States, to all children, to all ple fact has not changed in the last 5 months. Mr. President, today in just 8 min- schools in this country. So I am absolutely baffled about why we utes we will start a series of votes. I am proud to have been an original could not reach this agreement again. The They are on amendments that can author and original sponsor of this par- Senate’s failure to pass this amendment was make a major difference in student ticular bill. I am very appreciative of irresponsible and inexcusable. achievement. They are supported by the manager and his conduct of the The Senate Republicans have broken their parents, local school boards, principals, floor proceedings over the last several promise to teachers, to parents, and worst of and teachers all across this Nation for days, and I especially want to thank all, to children in the first, second, and third smaller class size, expanding after- the Governors with whom I have grades across the country. The Senate Republicans are hoping that school programs, reducing drop out worked very closely over the last sev- this issue will just fade away, but the edu- rates, and ending social promotion. We eral weeks to accomplish passage of cation of our children is far too important have a chance on the floor of the U.S. this bill. I yield the floor. for me to allow that to happen. I will be back Senate, to take votes and declare that Mr. JEFFORDS. Mr. President, I for as long as it takes to get them to recog- we want action in those areas. That is yield to the Senator from Maine 2 min- nize they cannot continue to stall. Until what we are trying to do. We have been utes. they take real steps to reduce the class size, trying to do it for 6 days and have been The PRESIDING OFFICER. The Sen- Mr. President, the Republicans owe the chil- denied that through parliamentary ator from Maine. dren of this country an explanation. mechanisms of our Republican friends. Ms. COLLINS. Mr. President, I thank This is what we heard last fall. At I hope those Americans who care so the chairman and again commend Sen- that time, leading Republicans in Con- deeply about those issues know how ator FRIST, chief sponsor of this legis- gress hailed the class size agreement. important it is to the children of this lation, and the chairman of the com- House Majority Leader DICK ARMEY country. It is intuitive. Every parent mittee. I am pleased to join with them said, ‘‘We were very pleased to receive knows if you have a child in a smaller in this effort. the President’s request for more teach- class the child is going to do better. We Mr. President, the question before us ers, especially since he offered a way to have an opportunity to do something is simple. This is not a question of who pay for them,’’ effectively supporting about that and I hope this afternoon we is for better schools; this is not a ques- the first year of getting smaller class will have a strong vote in support of tion of who is for putting more Federal sizes. Republican Congressman BILL the Murray amendment—the children resources in education; because both GOODLING, Chairman of House Edu- in this country deserve it. Democrats and Republicans alike share cation Committee, declared that the I reserve the remainder of my time. those two goals. The question before us Class Size Reduction Act was ‘‘. . . a Mr. JEFFORDS. Mr. President, I is whom do you trust to make edu- real victory for the Republican Con- yield 2 minutes to the Senator from cation decisions? Should education de- gress but, more importantly, a huge Tennessee, the sponsor of the bill. cisions be decided in Washington? win for local educators.’’ Senator The PRESIDING OFFICER. The Sen- Should every Federal dollar be at- SLADE GORTON said the same thing ator from Tennessee. tached to a string? Or should we trust about the Class Size Reduction Act, Mr. FRIST. Mr. President, it is an ex- the people at the local level—our representing the Republicans in nego- citing day because education in the school board members, our teachers, tiation on education, ‘‘On education, United States is off to a fresh start. our parents, to make the best decisions there s been a genuine meeting of the The underlying bill, which I am hopeful for the students in local schools? To minds involving the President and the and confident will be passed later me, the answer is clear. We should in- Democrats and Republicans here in today, does something that previous crease the Federal commitment to edu- Congress. . . .’’ bills out of this body did not do, and cation, but empower local school Now before the Senate we have the that is cut redtape. It combines flexi- boards, teachers and parents to make amendment of the Senator from Wash- bility and allows local innovation, the best decisions in keeping with the ington, to fulfill that commitment— local creativity to emerge, with strong needs of their communities. That is the which Republicans were taking credit accountability built in to give our stu- question before us. for 5 months ago—and we are being de- dents—and that is the purpose—to give The second question before us is, Is nied this opportunity. our students the best chance to receive the Government, is Congress, going to We will have a chance this afternoon a solid and a strong education to pre- keep its promise with regard to funding to vote on it. This is the time, today is pare them for the millennium which is special education? I say the answer to the day, where the U.S. Senate can go just around the corner. that should be yes. Let’s keep the on record for smaller class sizes in Ed-Flex is not a panacea. We have promise that was made more than 20 grades K–3. Today—today is the day to been very careful, as sponsors of this years ago when Congress passed the do it. bill, to point out it is not a panacea to legislation mandating special ed. Let’s I say to my good friend from New our Nation’s educational systems’ keep our promise. Let’s fully fund that Hampshire, all of us are very concerned woes, but it is a strong bipartisan, bi- important program before creating a about our nation’s children. We, on cameral first step. It is a first step to whole lot of new categorical grant pro- this side, do not yield that there is unshackle the hands of our teachers, to grams with strings attached. That is anyone who is more concerned about unshackle the hands of our administra- the debate. those needy children in our local com- tors, of our principals—all who are Everyone here is for better schools, munities. The fact of the matter is working hard every day to educate our better teachers, but that is not the that his battle is not with us—it is children. You look around at the suc- issue. with the Republican leadership that cess of Ed-Flex, whether it is just The PRESIDING OFFICER. Who supported this program 5 months ago. around the corner in Phelps Luck yields time? Special ed educators all over this School in Maryland where waiver au- Mr. JEFFORDS. Mr. President, how country are supporting the Murray thority was granted to reduce class much time do I have? amendment. Why? Because they think size, or in Kansas where Ed-Flex has The PRESIDING OFFICER. The Sen- you can serve special needs children in made it possible to implement all-day ator has 1 minute 50 seconds. many different ways, not just in tar- kindergarten, or in many of the States Mr. JEFFORDS. I yield the remain- geting money for a particular funding that have access to Ed-Flex now to re- der of my time to myself. program, but in smaller classes. We put duce paperwork. After today, coupled I have noticed over the years with that in the record. So we reject this with the passage in the House of Rep- my good friend from Massachusetts,

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4201 that the weaker his arguments, the on all of the amendments this after- Sarbanes Snowe Torricelli louder the volume. He exceeded all my noon? I ask unanimous consent that it Schumer Specter Voinovich Sessions Stevens Warner expectations today. be in order to ask for the yeas and Shelby Thomas Wellstone My Democratic friends have a num- nays. Smith (NH) Thompson Wyden ber of amendments that will be coming The PRESIDING OFFICER. Is there Smith (OR) Thurmond up for votes shortly. As I have pointed an objection to the Senator’s request? NAYS—1 out this week, we will be considering Without objection, it is so ordered. Byrd the reauthorization of the Elementary Mr. KENNEDY. I ask for the yeas and NOT VOTING—1 and Secondary Education Act this Con- nays, Mr. President. gress. The Committee on Health, Edu- The PRESIDING OFFICER. Is there a Murray cation, Labor, and Pensions has al- sufficient second on the amendments The concurrent resolution (S. Con. ready held several hearings on the en bloc? Res. 5) was agreed to. ESEA, and many more are in the There appears to be a sufficient sec- The preamble was agreed to. works. I will oppose all amendments ond. The concurrent resolution, with its that are relevant to the Elementary The yeas and nays were ordered en preamble, is as follows: and Secondary Education Act. I will do bloc. S. CON. RES. 5 this, not because I am callous to these Whereas at the heart of the Oslo peace f issues, in fact, I ve championed them, process lies the basic, irrevocable commit- but because these amendments should CONGRESSIONAL OPPOSITION TO ment made by Palestinian Chairman Yasir be discussed in the normal committee THE UNILATERAL DECLARATION Arafat that, in his words, ‘‘all outstanding issues relating to permanent status will be process. I will, however, support OF A PALESTINIAN STATE resolved through negotiations’’; amendments that are designed to let The PRESIDING OFFICER. Under Whereas resolving the political status of local educators direct more money to the previous order, the Senate will now the territory controlled by the Palestinian special education. The reauthorization vote on Senate Concurrent Resolution Authority while ensuring Israel’s security is of special ed occurred last year, and it 5. one of the central issues of the Israeli-Pales- tinian conflict; is open to have more money. The The clerk will report the concurrent amendment I introduced on behalf of Whereas a declaration of statehood by the resolution. Palestinians outside the framework of nego- Senator LOTT and others will provide The bill clerk read as follows: tiations would, therefore, constitute a most local communities with a choice re- A concurrent resolution (S. Con. Res. 5) ex- fundamental violation of the Oslo process; garding how much they will use their pressing congressional opposition to the uni- Whereas Yasir Arafat and other Pales- share of the $1.2 billion included in last lateral declaration of a Palestinian state and tinian leaders have repeatedly threatened to year’s omnibus appropriations bill for urging the President to assert clearly United declare unilaterally the establishment of a education. States opposition to such a unilateral dec- Palestinian state; Under our amendments, a school sys- laration of statehood. Whereas the unilateral declaration of a tem may use the funds either to hire The Senate continued with the con- Palestinian state would introduce a dramati- cally destabilizing element into the Middle teachers or to support activities under sideration of the concurrent resolution. the Individuals with Disabilities Edu- East, risking Israeli countermeasures, a The PRESIDING OFFICER. The quick descent into violence, and an end to cation Act. What fairer system can you question is on agreeing to the concur- the entire peace process; and have under the circumstances? That is rent resolution. On this question, the Whereas in light of continuing statements all we are doing. We are saying give yeas and nays were ordered. The clerk by Palestinian leaders, United States opposi- them an option, give the locals an op- will call the roll. tion to any unilateral Palestinian declara- tion: More teachers or more money for The bill clerk called the roll. tion of statehood should be made clear and special ed. Our amendment will permit Mr. REID. I announce that the Sen- unambiguous: Now, therefore, be it Resolved by the Senate (the House of Rep- local school officials themselves to de- ator from Washington (Mrs. MURRAY) cide whether they need more money to resentatives concurring), That— is absent because of a death in the fam- (1) the final political status of the terri- educate children with disabilities or ily. tory controlled by the Palestinian Authority whether they need funds to hire more The PRESIDING OFFICER. Are there can only be determined through negotiations teachers. any other Senators in the Chamber de- and agreement between Israel and the Pales- In Vermont, I am betting the funds siring to vote? tinian Authority; will be used for IDEA. Time and again, The result was announced—yeas 98, (2) any attempt to establish Palestinian Vermonters have made clear to me nays 1, as follows: statehood outside the negotiating process will invoke the strongest congressional op- that special education funding is far [Rollcall Vote No. 38 Leg.] and away the most pressing need of our position; and YEAS—98 (3) the President should unequivocally as- communities. And time and again, Abraham Dodd Kennedy sert United States opposition to the unilat- Vermonters have pressed me to find Akaka Domenici Kerrey eral declaration of a Palestinian State, mak- out whether the Federal Government Allard Dorgan Kerry ing clear that such a declaration would be a will honor its promise to pay 40 percent Ashcroft Durbin Kohl grievous violation of the Oslo accords and of the costs of special education. We Baucus Edwards Kyl that a declared state would not be recognized Bayh Enzi Landrieu by the United States. are fortunate in Vermont to have al- Bennett Feingold Lautenberg ready achieved the small class sizes Biden Feinstein Leahy f which the President is trying to pro- Bingaman Fitzgerald Levin Bond Frist Lieberman EDUCATION FLEXIBILITY mote with his teacher hiring program. Boxer Gorton Lincoln PARTNERSHIP ACT OF 1999 We do not need more. We need more Breaux Graham Lott money for special ed. Brownback Gramm Lugar The Senate continued with consider- I yield the floor. Bryan Grams Mack ation of the bill. Bunning Grassley McCain AMENDMENT NO. 60 The PRESIDING OFFICER. The Sen- Burns Gregg McConnell ator from Massachusetts has 24 sec- Campbell Hagel Mikulski The PRESIDING OFFICER. The onds. Chafee Harkin Moynihan question is on amendment No. 60 of- Mr. KENNEDY. Mr. President, I yield Cleland Hatch Murkowski fered by Senator JEFFORDS for the ma- Cochran Helms Nickles back the remainder of my time. Collins Hollings Reed jority leader. There is 5 minutes of de- Mr. JEFFORDS. Mr. President, I ask Conrad Hutchinson Reid bate equally divided. Who yields time? for the yeas and nays on the concur- Coverdell Hutchison Robb Mr. JEFFORDS. It is my under- rent resolution. Craig Inhofe Roberts standing the yeas and nays have al- Crapo Inouye Rockefeller Mr. KENNEDY. Is it appropriate or is Daschle Jeffords Roth ready been ordered on all of these it in order to ask for the yeas and nays DeWine Johnson Santorum amendments.

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 4202 CONGRESSIONAL RECORD—SENATE March 11, 1999 The PRESIDING OFFICER. The Sen- hire general teachers or special needs [Quorum No. 5] ator is correct. teachers, I daresay one of the principal Abraham Enzi Lott Mr. JEFFORDS. I yield myself 21⁄2 reasons that the special needs commu- Akaka Feingold Lugar minutes. Allard Feinstein Mack nity supported this amendment last Ashcroft Fitzgerald McCain Mr. President, I urge a ‘‘yes’’ vote on year was because we added that spe- Baucus Frist McConnell this amendment for your local school cific provision. We are saying let us, let Bayh Gorton Mikulski districts. This is the most important the local communities live out the bi- Bennett Graham Moynihan Biden Gramm Murkowski amendment you will have this after- partisan commitment that we made to Bingaman Grams Nickles noon. I emphasize that this is ex- them 5 months ago. They can make Bond Grassley Reed tremely important for your local that local judgment depending upon Boxer Gregg Reid school districts. Breaux Hagel Robb the needs of the community. Brownback Harkin Roberts The pending amendment would How can you have greater flexibility Bryan Hatch Rockefeller amend the class size reduction provi- than that—rather than overturn the Bunning Helms Roth sions of the fiscal year 1999 Department Burns Hollings Santorum whole proposal that was out there and Byrd Hutchinson Sarbanes of Education Appropriations Act. It dump this on the school committees Campbell Hutchison Schumer would allow any local educational that are all finalizing their budgets in Chafee Inhofe Sessions agency the choice of using its share of the next few weeks? Cleland Inouye Shelby the $1.2 billion provided under those Cochran Jeffords Smith (NH) I hope that the amendment would Collins Johnson Smith (OR) provisions either to hire teachers or to not be accepted. Conrad Kennedy Snowe carry out activities under part B of the The PRESIDING OFFICER. The Sen- Coverdell Kerrey Specter Craig Kerry Stevens Individuals with Disabilities Education ator from Vermont has 1 minute 9 sec- Act, IDEA. Crapo Kohl Thomas onds. Daschle Kyl Thompson We reauthorized IDEA last year, and Mr. JEFFORDS. I reiterate what I DeWine Landrieu Thurmond this is the perfect time to do this. Dodd Lautenberg Torricelli said before. If you want flexibility, Local school officials would have the Domenici Leahy Voinovich vote yes. This amendment gives the Dorgan Levin Warner opportunity to determine which of local communities total flexibility to Durbin Lieberman Wellstone these two activities is a greater need Edwards Lincoln Wyden meet the needs they have. If you want for their schools, and to spend the addi- to limit them down to one thing, hiring The PRESIDING OFFICER (Mr. tional funds accordingly. VOINOVICH). A quorum is present. In addition, the amendment contains new teachers, vote no. All of our schools want total flexi- Mr. KENNEDY. I move to table the a finding that reemphasizes a simple Lott amendment. I ask for the yeas fact—full funding of IDEA would offer bility, especially in order to have money for special education. We have and nays. LEAs the flexibility in their budgets to The PRESIDING OFFICER. The Sen- develop class size reduction, or other promised them 40 percent, but have given them 11 percent. We are the ator from Vermont. programs that best meet the needs of Mr. JEFFORDS. Mr. President—— their communities. cause of the terrible problems local schools have in trying to do what they Mr. KENNEDY. Mr. President, I I believe this approach offers a good made a motion to table, and I asked for middle ground. It is a compromise be- can to improve their school systems. I urge a ‘‘yes’’ vote. the yeas and nays. It is not debatable. tween those of us who are urging we I asked for the yeas and nays on the Mr. KENNEDY. This is the language: live up to our promises, with respect to motion to table. I made a motion to IDEA funding, and those who believe . . . to carry out effective approaches to table, and I have asked for the yeas and we should undertake a massive new ef- reducing class size with highly qualified nays, Mr. President. teachers to improve educational achieve- fort to hire teachers for local schools. The PRESIDING OFFICER. The mo- I urge all of my colleagues to support ment of both regular and special needs chil- tion has been made to table. this amendment. I think it ought to be dren. Is there a sufficient second? unanimous. That is defined as ‘‘providing profes- There is a sufficient second. Mr. KENNEDY. Mr. President, last sional development to teachers, includ- The yeas and nays were ordered. year we made a bipartisan agreement ing special education teachers and The PRESIDING OFFICER. The to support the hiring of additional teachers of special-needs chil- question is on agreeing to the motion teachers. We had a $500 million in- dren. . . .’’ We already have it. The of the Senator from Massachusetts to crease in IDEA and $1 billion increase local school communities are com- lay on the table the amendment of the in terms of the teachers, including spe- mitted to making their own judgment Senator from Mississippi. On this ques- cial needs teachers. and decision. Why are we turning that tion, the yeas and nays have been or- Communities need funds both for all over, Mr. President, now in the final dered, and the clerk will call the roll. IDEA and smaller classes—and for hours of this? It makes absolutely no The legislative clerk called the roll. other top priorities too. We can reduce sense whatsoever. The special needs Mr. REID. I announce that the Sen- class size and give children with dis- community supported that amendment ator from Washington (Mrs. MURRAY) abilities a better education. There is no last year. is absent because of a death in the fam- reason to choose one or the other— Mr. President, I suggest the absence ily. both are priorities and both can be of a quorum. The PRESIDING OFFICER (Mr. met. The PRESIDING OFFICER (Mr. GREGG). Are there any other Senators Every local community in this coun- ENZI). Does the Senator yield his time? in the Chamber who desire to vote? try is trying to decide whether they Mr. JEFFORDS. I yield back my The result was announced—yeas 38, are going to hire additional teachers time. nays 61, as follows: within the next few weeks. If we say now we are going to accept the Lott QUORUM CALL [Rollcall Vote No. 39 Leg.] amendment, you are emasculating this Mr. KENNEDY. Mr. President, I sug- YEAS—38 particular provision, which the local gest the absence of a quorum. Akaka Durbin Kerry communities have been basing their The PRESIDING OFFICER. The Baucus Edwards Kohl Bayh Feingold Landrieu judgment on, and saying, no, that isn’t clerk will call the roll to determine the Biden Feinstein Lautenberg what you are going to do, you are going absence of a quorum. Bingaman Graham Levin to have to come up with a new kind of The legislative clerk proceeded to Boxer Harkin Lieberman Bryan Hollings Lincoln a program. call the roll and the following Senators Cleland Inouye Mikulski If we make a commitment to a local entered the Chamber and answered to Daschle Kennedy Moynihan community that permitted them to their names. Dodd Kerrey Reed

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4203 Reid Sarbanes Wellstone Reed Rockefeller Torricelli fund the IDEA over the period of the Robb Schumer Wyden Reid Sarbanes Wellstone Rockefeller Torricelli Robb Schumer Wyden next 5 years. I withhold the remainder of my time. NAYS—61 NOT VOTING—1 The PRESIDING OFFICER. The Sen- Abraham Enzi McCain Murray ator from Vermont. Allard Fitzgerald McConnell The amendment (No. 60) was agreed Mr. JEFFORDS. Mr. President, I will Ashcroft Frist Murkowski Bennett Gorton Nickles to. not support the amendment offered by Bond Gramm Roberts AMENDMENT NO. 64 my colleagues from Washington and Breaux Grams Roth Massachusetts. Brownback Grassley The PRESIDING OFFICER. Under Santorum the prior order, we are now on amend- First and foremost, the 100,000 teach- Bunning Gregg Sessions Burns Hagel er proposal is flawed. It puts quantity Shelby ment No. 64. There are 5 minutes equal- Byrd Hatch Smith (NH) ly divided. over quality. There is little or no em- Campbell Helms phasis on improving teacher quality in Chafee Hutchinson Smith (OR) Mr. JEFFORDS addressed the Chair. Cochran Hutchison Snowe The PRESIDING OFFICER. The Sen- the proposal. Yet, the research shows Collins Inhofe Specter ator from Vermont. with certainty that the quality of the Stevens Conrad Jeffords Mr. JEFFORDS. Am I correct that teacher leading the class is signifi- Coverdell Johnson Thomas Craig Kyl Thompson the 5 minutes is for debate only? cantly more important than the size of Crapo Leahy Thurmond The PRESIDING OFFICER. That is the class. DeWine Lott Voinovich correct, the 5 minutes is for debate Furthermore, adopting a new, untest- Domenici Lugar Warner ed, multi-billion dollar program with- Dorgan Mack only. It is equally divided. Who yields time? The 5 minutes is out hearings or local input is no way to NOT VOTING—1 equally divided. make good public policy. We have Murray Mr. KENNEDY addressed the Chair. begun the process of reauthorizing the The motion to lay on the table The PRESIDING OFFICER. The Sen- Elementary and Secondary Education amendment No. 60 was rejected. ator from Massachusetts. Act, and we should examine this pro- The PRESIDING OFFICER. The ma- Mr. KENNEDY. Mr. President, this is posal during consideration of that bill. jority leader. the Murray amendment. Senator MUR- I give my assurance to my friends on Mr. LOTT. Mr. President, I move to RAY is not here today, due to a death in the other side of the aisle that I intend reconsider the vote and I move to lay the family, otherwise, she would be to fully examine this question. But the that motion on the table. making the presentation at this par- proper way to do it is under the orderly The motion to lay on the table was ticular time. committee process. We are in the mid- agreed to. Basically, the Murray amendment dle of that right now. We have begun The PRESIDING OFFICER. The builds on what was agreed to in the the process of reauthorizing the Ele- question is on agreeing to amendment budget last October by providing 6 mentary and Secondary Education Act, No. 60. years of funding. It gives certainty to and this issue should be appropriately The yeas and nays have been ordered. school boards all across the country addressed during this process. The clerk will call the roll. that we are making a national commit- So I inform my colleagues that I will, The legislative clerk called the roll. ment to see smaller class size in at the time of the vote, move to table Mr. REID. I announce that the Sen- schools all across the Nation. the amendment. ator from Washington (Mrs. MURRAY) In the President’s budget, there is $11 I reserve the remainder of my time. is absent because of a death in the fam- billion that is effectively allocated for Mr. LEVIN. Mr. President, I am ily. this particular purpose. It follows the pleased to join with my colleagues Sen- The PRESIDING OFFICER. Are there pattern that was agreed to last year ator MURRAY, Senator KENNEDY and any other Senators in the Chamber that states if a particular district has others in introducing this Class Size who desire to vote? already achieved 18 students, they can Reduction amendment, which builds on The result was announced, yeas 60, use the funds for professional enhance- last years successful effort towards re- nays 39, as follows: ment or for special needs children. ducing class sizes in grades 1–3 to 18 or That is why it has the support of the fewer students nationwide. Last year, [Rollcall Vote No. 40 Leg.] special education community. President Clinton proposed this his- YEAS—60 This amendment has the whole- toric initiative and Congress approved Abraham Enzi Mack hearted support of all the school a down payment on this request last Allard Fitzgerald McCain Ashcroft Frist McConnell boards, of all the parent-teacher orga- year, providing a $1.2 billion appropria- Bennett Gorton Murkowski nizations, of the school teachers and tion to help communities hire approxi- Bond Gramm Nickles local authorities across the Nation. It mately 30,000 teachers nationwide. Brownback Grams Roberts Under the initiative enacted into law Bunning Grassley Roth is a major national effort to try to get Burns Gregg Santorum smaller class sizes. last year, school districts will begin to Byrd Hagel Sessions We are going to need 2 million teach- receive funding this July 1 in order to Campbell Hatch Shelby ers over the next 10 years. This is only hire teachers to begin reducing class Chafee Helms Smith (NH) Cochran Hutchinson Smith (OR) going to provide 100,000, but it will size this fall. While last year’s appro- Collins Hutchison Snowe make sure that they are well-qualified priation provided an important start Conrad Inhofe Specter teachers. It will place support the early on this seven year initiative, the Coverdell Jeffords Stevens grades, which ought to be our priority. amendment before us gives us a chance Craig Johnson Thomas Crapo Kyl Thompson I hope it will be accepted. to support effective local planning by DeWine Leahy Thurmond It also includes, Mr. President, the giving school districts the confidence Domenici Lott Voinovich sense of the Senate that the budget they need that funding will be avail- Dorgan Lugar Warner resolution shall include an annual in- able under this initiative for future NAYS—39 crease for the IDEA part B and funding years. Akaka Dodd Kerrey so that the program can be fully funded The average U.S. class size is 24 stu- Baucus Durbin Kerry within the next 5 years. So, we are dents with some as high as 30 students Bayh Edwards Kohl Biden Feingold Landrieu committed to that as well. And it also per class. A consensus of research indi- Bingaman Feinstein Lautenberg says these increases shall not come at cates that students attending small Boxer Graham Levin the expense of the other education pro- classes in the early grades make more Breaux Harkin Lieberman grams. rapid educational progress than stu- Bryan Hollings Lincoln Cleland Inouye Mikulski If you support this amendment, you dents in larger classes and that those Daschle Kennedy Moynihan are also supporting a commitment to achievement gains persist through at

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 4204 CONGRESSIONAL RECORD—SENATE March 11, 1999 least the middle grades. More specifi- this year, said ‘‘it is divine to have 19 test scores for students were low. For cally, class size reduction leads to en- students. I can give them one to one the 1994–95 school year, only 8 percent hanced teacher-student quality rela- attention. With 29 students I felt over- of the students at Merrill Elementary tionships, higher student achievement, whelmed.’’ And, first grade teacher passed the ‘‘Reading/Story’’ portion of solid foundation for further student Kathie Gibson told me, ‘‘I’ve seen great the Michigan Education Assessment learning, and the ability of students to gains in my students reading skills this Program, the MEAP test. For that read independently by the end of the year.’’ same year, only 26 percent passed the 3rd grade. In Lansing, at Harley Frank Elemen- ‘‘Reading/Info’’ section and just 10 per- Mr. President, there are 3,750 schools tary School, kindergarten teacher Mrs. cent passed the Math portion of the in my state of Michigan. Some of these Zimmerman, who has been teaching for MEAP test. Since the implementation schools have been fortunate enough to 34 years and who last year planned to of the program, the students at Merrill reduce some of their classes in the retire until she heard class sizes were Elementary school have seen their early grades. Last month, I visited going to be reduced, said that she now scores rise dramatically, and I’m not about a dozen of them, witnessing first has more control over her class, the just taking about a couple of percent- hand the benefits of smaller classes. I kids are happier and more adjusted and age points. Last school year, after just also visited several of the numerous in short, they are able to learn more. 4 years of smaller class sizes, 54 percent schools in my state that are disadvan- With smaller classes, teachers can as- of those elementary students passed taged by large class sizes. For example, sess each student’s progress in a more the ‘‘Reading/Story’’ portion of the at the Calvin Britain Elementary timely manner and students develop test, an increase of 45 percent. In addi- School in Benton Harbor, where the more interest in learning, all of which tion, 70 percent of Merrill elementary student to teacher ratio is higher than create higher student achievement. students passed the ‘‘Reading/Info’’ the national average, teachers worry Many other direct experiences of portion, a 44 percent increase and 55 that they are not able to identify their teachers and students were shared with percent passed the ‘‘Math’’ section of students’ learning needs. When I asked me. For instance, at Merrill Commu- the MEAP test, a 44 percent increase. 2nd grade teacher Louise Hufnagel nity Elementary school in Flint, which In just a few years, these students were what it would mean to reduce her class started a class downsizing program five receiving more attention in a better of 26 down to 17 or 18, she said, ‘‘It years ago for grades K–4. Before this academic environment and were sim- would make a world of difference. A lot program began, their student to teach- ply, learning more. of the children have special needs and er ratio was 30–1. One teacher, Mrs. Let’s take the important lessons it would make it easier to give them Stephanie Thibault told me that ‘‘hav- from these elementary schools in the individual attention they need.’’ ing 30 first and second graders in a Michigan and apply them to this legis- At East Leonard Elementary School classroom was overwhelming and ex- lation. We must start reducing class in Grand Rapids, principal Tina hausting.’’ Teachers would literally sizes now. If we fail to pass this amend- Barwacz said she is convinced that find themselves counselling some of ment, reducing class size, we fail the lower class size improves academic per- their students in the hallways because students of Michigan and the rest of formance. Teachers there are now giv- their buildings and classrooms were so the nation. Ms. MIKULSKI. Mr. President, I am ing more personalized attention to overcrowded. After the implementation proud to be an original cosponsor of their students because their classes are of their new program, that ratio the Murray/Kennedy Class Size Amend- smaller. Third grade teacher Dan changed to 17 students to 1 teacher, ment. This amendment continues a Mayhew, with 17 students this year and listen to the difference expressed major six year effort to help local down from 23 last year, says that now by Mrs. Thibault. She exclaims ‘‘As a school districts hire 100,000 teachers he can get to each student more often teacher, my role has expanded beyond nationally. It is one the most impor- and make sure the individual masters instruction. Having a 17–1 ratio allows tant pieces of legislation the Senate the standards and the core curriculum. me to know my students and their fam- will consider this year. This amend- Another third grade teacher, Sharon ilies better, allows me to personalize ment will strengthen our schools today Uminski, with 17 students this year, learning tasks for each child and it and build a framework for the future. down from 28 last year, says she gets to gives me opportunities to provide one- Last year we made a down payment know her class better, including learn- on-one help. Students benefit because by including $1.2 billion in the budget ing faster students strengths and weak- they receive the attention and caring for class size. This year, we must con- nesses. She went on to say that it also they deserve.’’ tinue the fight for our schools and the allows her to initiate remedial edu- Because of a class size reduction pro- fight for our kids. We must give our cation in a subject when necessary on gram, Mrs. Thibault can now give stu- schools the support they need to lower an individual basis; and that she en- dents the instruction they deserve. class size. We must get behind our kids counters less discipline problems re- Isn’t that exactly what we should by passing this critical legislation. sulting in more class time for instruc- strive for? Our teachers should not be Last year, we worked together in a tion. First Grade teacher Teresa overwhelmed and exhausted at the end bipartisan fashion to reduce class size Guinnup who had 25 students last year of each day. Our students should not be in the FY99 Omnibus Appropriations and 17 this year says now she can talk competing with each other to get the Act. Last year we got $1.2 billion in the to each child and check his or her abil- attention of their teachers. Each child Omnibus to reduce class size using ity. The students told me that they deserves that attention and caring that highly qualified teachers. Nationally, like smaller class sizes because it was teachers like Mrs. Thibault can pro- this allowed us to hire some 30,000 new easier to concentrate, there was more vide. But some teachers are not capa- teachers this year. My state of Mary- room and some kids get to sit at their ble of providing that teaching environ- land alone received $17.5 million and own desk. ment. Too many of our classrooms are will get about 425 new teachers this At Winchell Elementary School in spilling out into the hallways and until summer. Kalamazoo where some classes have we change this by reducing class size, Mr. President, I have visited these gone from 29 down to 17, teachers are our young people will be at a disadvan- classrooms and I have talked to these seeing major improvements in their tage. kids. These children have told me over pupil’s reading skills. First grade When we reduce class size, we not and over again that they want to learn. teacher, Mary Trotter, who had 28 stu- only help our teachers and students, They have told me they need more in- dents last year and has 19 this year but we meet needs of parents whose dividualized attention. I have received said, ‘‘I’m able to give children much children are learning more and per- letters from kids in school who are beg- more individual help. It’s a dream.’’ forming better in school. When the pro- ging for our help. They tell me their First grade teacher Kitty Wunderlin gram to reduce class size first began in schools are overcrowded and the teach- who had 29 students last year and 19 the Flint Community School District, ers can’t control the large classrooms.

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4205 They tell me they are scared to go to Senator from Massachusetts has no AMENDMENT NO. 66 school and that they can’t learn be- time. The PRESIDING OFFICER. Under cause the teachers are too busy trying Mr. KENNEDY. How much time do I the previous order, we will now debate to manage the overcrowded classes. have? Lott amendment No. 66 with 5 minutes Mr. President, this is a sad time for The PRESIDING OFFICER. No time equally divided. our students. A child should never fear remaining. Mr. JEFFORDS. Mr. President, this going to school. We need to work and Mr. JEFFORDS addressed the Chair. is very similar to the amendment we work hard to ensure that our efforts The PRESIDING OFFICER. The Sen- previously voted on, referred to as the are not short circuited because of poli- ator from Vermont is recognized. Lott-Jeffords amendment. The pending tics. I have told many teachers and Mr. JEFFORDS. I yield back the re- amendment would amend the class size students about the important strides mainder of my time and I move to reduction provisions of the fiscal year we made last year to make sure they table the amendment, and ask for the 1999 Department of Education Appro- will have smaller and more effective yeas and nays. priations Act to expand the choices classrooms. These children are excited The PRESIDING OFFICER. Is there a available to local school officials. They about having more opportunities to sufficient second? would have the opportunity to deter- learn. They are eager to learn to read There is a sufficient second. mine whether hiring teachers or edu- and learn about science and tech- The yeas and nays were ordered. cating children with disabilities is a greater need for their schools, and to nology. They are excited about all the The PRESIDING OFFICER. The spend the additional funds accordingly. wonderful possibilities that lie ahead question is on agreeing to the motion I am sure that many areas would for them with a proper education. But to lay on the table the Murray amend- we need to do more. By passing this choose to hire teachers, although I ment No. 64. The yeas and nays have strongly suspect that most commu- amendment today, we in the Senate been ordered. The clerk will call the have an opportunity to prove our com- nities in my home State would choose roll. to use their funds for IDEA. A number mitment to education. The legislative clerk called the roll. Efforts are already underway in my of small States are already at the level Mr. REID. I announce that the Sen- of teachers they need, but we are gross- state of Maryland to reduce class size. ator from Washington (Mrs. MURRAY) I have heard from at least five counties ly underfunded in taking care of our is absent because of a death in the fam- special needs children. I have heard in my state that they have class reduc- ily. tion programs already in place or in de- many times during my trips home, The PRESIDING OFFICER. Are there that the current level of funding for velopment. The schools in Montgomery any other Senators in the Chamber de- County, Maryland, for example, are re- IDEA falls far short of the 40 percent siring to vote? we promised in 1975. Full funding of ducing class size for reading at the pri- The result was announced—yeas 55, mary grade level. In the primary IDEA would offer local school officials nays 44, as follows: the flexibility in their budgets to de- grades, they have started a program [Rollcall Vote No. 41 Leg.] where there are only 15 students per velop dropout prevention or other pro- YEAS—55 teacher for a 90 minute reading block. grams that best meet the needs of their They are also reducing class size in Abraham Frist Murkowski communities. I urge my colleagues to Allard Gorton Nickles math at the middle and high school support this amendment. Ashcroft Gramm Roberts I retain the remainder of my time. levels and have added an extra math Bennett Grams Roth The PRESIDING OFFICER. Who teacher to each school to ensure suc- Bond Grassley Santorum Brownback Gregg Sessions yields time? cess in algebra. I applaud these efforts, Bunning Hagel Mr. DODD. Mr. President, it is very but they need federal help to do more. Shelby Burns Hatch Smith (NH) difficult to hear. The Senate is not in Campbell Helms These programs started this school Smith (OR) Chafee Hutchinson order. year and are being phased in over the Snowe Cochran Hutchison The PRESIDING OFFICER. The Sen- Specter next three years focusing initially on Collins Inhofe ator is correct. low-performing schools. And do you Coverdell Jeffords Stevens Thomas The Senate will be in order. know what these programs will do? Craig Kyl The Senator from Connecticut. Crapo Lott Thompson They will prepare Maryland kids for DeWine Lugar Thurmond Mr. DODD. Mr. President, I rise in the new millennium. They will prepare Domenici Mack Voinovich opposition to the amendment and do so our children to go onto college and Enzi McCain Warner with a sense of some regret. I offered gain the important skills they will Fitzgerald McConnell an amendment a year ago with, in fact, need in the future. These class reduc- NAYS—44 Senator COVERDELL, our colleague from tion programs are the building blocks Akaka Edwards Levin Georgia, on the $7 tax break proposal that will help prepare our kids to be Baucus Feingold Lieberman as an alternative where real money— our future leaders. Bayh Feinstein Lincoln $1.6 billion—would go toward IDEA. The American people are counting on Biden Graham Mikulski I think all of us appreciate the fact Bingaman Harkin Moynihan us to help fix an education system Boxer Hollings Reed that many of us over the years wanted which failed so many children. Our Breaux Inouye Reid to raise our level of support for that education system has been ignored for Bryan Johnson Robb program. But in this particular issue, Byrd Kennedy Rockefeller far too long. If we don’t pass this Cleland Kerrey to kind of ask in a sense that we now Sarbanes amendment today, we are sending the Conrad Kerry take needed dollars to try to bring Schumer wrong message to the American public. Daschle Kohl down class size and throw this item Dodd Landrieu Torricelli Because of our efforts last year, our Dorgan Lautenberg Wellstone in—by the way, I lost on that amend- schools will be able to hire new teach- Durbin Leahy Wyden ment where we would have had $1.6 bil- ers this summer. If we don’t pass this lion for IDEA. I got voted down on that NOT VOTING—1 amendment, we are telling those school proposal. Here we have a real issue of that we are not committed to improv- Murray class size. ing America’s education system. We The motion to lay on the table the One of the major problems in IDEA is need to continue this effort to provide amendment (No. 64) was agreed to. the learning disabilities. Two-thirds of 100,000 new teachers for America. Let’s Mr. NICKLES. Mr. President, I move IDEA kids are learning disabled; pri- get behind our kids and pass this to reconsider the vote. marily speech, and language is the sec- amendment. Mr. CRAIG. Mr. President, I move to ond disorder. That problem is not dis- Mr. KENNEDY. Do I have any time? lay that motion on the table. covered until the third or fourth grade The PRESIDING OFFICER. The Sen- The motion to lay on the table was in most schools. You don’t discover ator from Vermont has 1 minute. The agreed to. that with a younger child.

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 4206 CONGRESSIONAL RECORD—SENATE March 11, 1999 The irony here, in a sense, is that we Stevens Thompson Voinovich because I have such great empathy and are trying to reduce class size, which is Thomas Thurmond Warner sympathy for the problem, and, be- what the underlying amendment would NAYS—38 cause I respect the Senator from New do, so that you try to avoid the prob- Akaka Feingold Lincoln Mexico a great deal. We have worked lems from being created in the first Baucus Feinstein Mikulski together on so many programs and Bayh Graham place. Here we are sort of competing Moynihan problems over the years, and we will Biden Harkin Reed against each other. We have a legiti- Bingaman Hollings Reid continue to do so. And I respect his mate issue that we are trying to get Boxer Inouye Robb judgment. However, to address this dollars into, and that is to reduce class Bryan Kennedy Rockefeller issue at this time is not appropriate. Byrd Kerrey Sarbanes size. To the extent that we do that, we Cleland Kerry This is a program already in existence, Schumer Daschle Kohl are going to reduce the IDEA problem. Torricelli though obviously, not working well. Dodd Lautenberg That is what we ought to be trying to Wellstone The program is within the Elementary Durbin Levin do, instead of creating this false choice Edwards Lieberman Wyden and Secondary Education Act. I am out here, in a sense. If you can choose dedicated to working closely with the NOT VOTING—1 between these dollars, clearly, in many Senator from New Mexico to find out communities, because it is a tax issue, Murray how and what we should do to amend they are going to go with IDEA. The The amendment (No. 66) was agreed existing programs in order to have bet- underlying problem with IDEA gets ad- to. ter dropout programs. So I hope he dressed if we reduce the class size. AMENDMENT NO. 63 would understand that, and that by op- I urge my colleagues in this par- The PRESIDING OFFICER. We are posing this amendment, which I will ticular case—after we increased by $500 now on amendment No. 63. There are 5 move to table eventually, I am not million last year IDEA funding—that minutes equally divided for debate. But doing anything other than saying we reject the amendment. Do what we before we begin that, we will need to wait—wait until we go through the re- can in this partnership and bring down get the attention of the Senate. Will authorization of the ESEA this year. class size, which is what most Ameri- Members in the well take their con- We are going to hold hearings and cans would like us to do across the versations to the Cloakroom? make sure we do the best thing pos- board, and still work on the IDEA issue Who seeks recognition? sible to solve the dropout problem. Mr. BINGAMAN addressed the Chair. Right now, I cannot accept this and reducing the obligations there. The PRESIDING OFFICER. The Sen- amendment. I retain the remainder of For those reasons, I urge the rejec- ator from New Mexico. tion of this amendment. Mr. BINGAMAN. Mr. President, this my time. Mr. JEFFORDS. Mr. President, I amendment is intended to commit the Mr. BINGAMAN. Mr. President, is point out that all we are doing is giv- Federal Government to help local there additional time? ing flexibility to States like Wyoming, school districts deal with a very seri- The PRESIDING OFFICER. The Sen- North Dakota, Vermont, and other ous problem, the problem of students ator from Vermont has 1 minute. The States that are already at the reduced dropping out of school before they Senator from New Mexico has no more class size. Why not let them spend it graduate. There is no Federal program time. for IDEA, which is grossly under- that is intended to resolve this prob- Mr. JEFFORDS. That is all the time funded? That is where the money is lem. I hear a lot of talk about how that is available? really needed. That is where the kids there are other Federal programs. Mr. President, for the reasons that I will be helped. There is no Federal program that is have stated, I move to table the I yield the remainder of my time. funded that is intended to solve this amendment. I ask for the yeas and nays. The PRESIDING OFFICER. The problem. This amendment would help The PRESIDING OFFICER. Is there a question is on agreeing to the amend- us do this. sufficient second? There is a sufficient ment of the Senator from Mississippi. Clearly, this is a major issue in all of second. The yeas and nays have been ordered. our States. This is particularly an important The yeas and nays were ordered. The clerk will call the roll. issue in our States where we have large The PRESIDING OFFICER. The The bill clerk called the roll. numbers of Hispanic students. The question is on agreeing to the motion Mr. REID. I announce that the Sen- dropout rate is 30 to 50 percent among to table the amendment of the Senator ator from Washington (Mrs. MURRAY) that community. from New Mexico, Mr. BINGAMAN. The is absent because of a death in the fam- I yield the rest of the time to the yeas and nays have been ordered. The ily. Senator from Nevada who is a cospon- clerk will call the roll. The PRESIDING OFFICER. Are there sor on this amendment. The legislative clerk called the roll. any other Senators in the Chamber de- Mr. REID. Mr. President, we have Mr. REID. I announce that the Sen- siring to vote? over 1 million people, men and women, ator from Washington (Mrs. MURRAY) The result was announced—yeas 61, in prison in this country. Let’s round it is absent because of a death in the fam- nays 38, as follows: off and say we have 1 million people in ily. prison, and 820,000 of those people in [Rollcall Vote No. 42 Leg.] The result was announced—yeas 55, prison, men and women, have not grad- nays 44, as follows: YEAS—61 uated from high school. If there were [Rollcall Vote No. 43 Leg.] Abraham Dorgan Leahy no better reason to do something about YEAS—55 Allard Enzi Lott the dropout problem, that would be it. Ashcroft Fitzgerald Lugar Abraham Domenici Kyl Bennett Frist Mack We have to keep young men and women Allard Enzi Lott Bond Gorton McCain in school. Three thousand children Ashcroft Fitzgerald Lugar Breaux Gramm McConnell drop out of school every day, 500,000 a Bennett Frist Mack Brownback Grams Murkowski year. This amendment would do noth- Bond Gorton McCain Bunning Grassley Nickles Brownback Gramm McConnell Burns Gregg ing to take away from local school dis- Roberts Bunning Grams Murkowski Campbell Hagel Roth tricts absolute control as to how they Burns Grassley Nickles Chafee Hatch Campbell Gregg Santorum handle dropouts, but it would give Roberts Cochran Helms Chafee Hagel Roth Sessions Collins Hutchinson them additional resources and assets Cochran Hatch Santorum Shelby Conrad Hutchison they now do not have. Collins Helms Sessions Coverdell Inhofe Smith (NH) The PRESIDING OFFICER. The Sen- Coverdell Hutchinson Shelby Smith (OR) Craig Jeffords ator from Vermont. Craig Hutchison Smith (NH) Crapo Johnson Snowe Crapo Inhofe Smith (OR DeWine Kyl Specter Mr. JEFFORDS. Mr. President, I am DeWine Jeffords Snowe Domenici Landrieu reluctant to oppose this amendment

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4207 Specter Thompson Warner The amendment (No. 67) was agreed million school-age children who have Stevens Thurmond Thomas Voinovich to. working parents, and of these children, Mr. JEFFORDS. Mr. President, I 5 to 7 million are considered NAYS—44 move to reconsider the vote by which ‘‘latchkey’’ kids, or children who are Akaka Edwards Levin the amendment was agreed to. alone at some point in the day. Baucus Feingold Lieberman Mr. KENNEDY. I move to lay that Bayh Feinstein Lincoln Mr. President, law enforcement sta- Biden Graham Mikulski motion on the table. tistics show that from the hours of 3:00 Bingaman Harkin Moynihan The motion to lay on the table was p.m. to 6:00 p.m., students between the Boxer Hollings Reed agreed to. ages 12 to 17, are more likely to com- Breaux Inouye Reid The PRESIDING OFFICER. The Sen- mit violent acts or be the victims of Bryan Johnson Robb Byrd Kennedy ator from California. Rockefeller violent activity. We know that they Cleland Kerrey AMENDMENT NO 65 Sarbanes . are more likely to engage in these ac- Conrad Kerry Schumer Mrs. BOXER. Thank you, Mr. Presi- Daschle Kohl tivities if young people are without 1 Dodd Landrieu Torricelli dent. In 2 ⁄2 minutes I hope to convince adult supervision. According to a re- Dorgan Lautenberg Wellstone my colleagues to support this after- port published by the U.S. Department Wyden Durbin Leahy school amendment. of Education and U.S. Department of NOT VOTING—1 The Senator from Vermont said it is Justice in June of 1998, entitled Safe Murray not so exciting to fund new programs. and Smart: Making After School Hours This is not a new program. This is a The motion to lay on the table the Work for Kids, ‘‘first and foremost, tried and true program. This is a pro- after school programs keep children of amendment (No. 63) was agreed to. gram that works. This is a program Mr. JEFFORDS. Mr. President, I all ages safe and out of trouble.’’ that we all agreed we would spend $200 There is no question that after- move to reconsider the vote by which million on last year. The response in the motion was agreed to, and I move school programs keep most kids out of the community has been overwhelm- trouble, unfortunately, there are not to lay that motion on the table. ingly positive and we need to fund it at The motion to lay on the table was enough of them to keep all kids on the a greater level. right track. According to findings of agreed to. What we do in this amendment is au- Mr. JEFFORDS. Mr. President, let Mr. Herbert Moyer of the Michigan thorize the same amount of funding State Board of Education, which were me explain what we intend to do on that the President has put in his budg- this side of the aisle. I intend to ar- published in the March 10, 1999 Oakland et; $600 million would accommodate Press: range for a voice vote on the next two over 1 million children. Look at these amendments. They are Lott amend- children, look at their faces, look at More than 80 percent of parents want their ments. They are very similar to the children to attend an after-school program, how they are involved with a mentor but only 30 percent of elementary and middle ones that we had before. I do not be- after school. After school programs lieve it is worthy of time to get votes schools offer such programs. After-school keep children like them from getting hours are when juvenile crime rates triple on those, because that dye is well cast into trouble by involving them in posi- and youth without positive alternatives may by the previous vote. tive activities. We can see here, if we do drugs, smoke, drink or engage in sexual AMENDMENT NO. 67 look at this chart, that the time when activity . . . eighth-graders who are left un- Mr. JEFFORDS. The amendment we juvenile offenders commit violent supervised for 11 hours or more a week are have now is Lott No. 67. Fulfilling a crimes is during the after school hours. twice as likely to abuse drugs or alcohol as those under adult supervision. promise is not as exciting as raising You do not need a degree in crimi- new expectations with new programs. nology or sociology or psychology to Mr. President, this amendment would We don’t get much press coverage, pre- understand that youth offenders are make a substantial effort to resolve sumably, for doing the right thing, but more likely to commit crime or be- that problem. By increasing the appro- if we fulfill our obligation to fund come involved in criminal activity priations for the 21st Century Learning IDEA, State and local agencies will be when they are home alone or unsuper- Centers program to $600 million, a able to target their own resources to- vised. We see criminal activity among three fold increase over last year’s ward their own, very real needs. These youth peaking here at 3 p.m., when funding, public schools will be able to may be needs for afterschool activities, schools let out. Gradually, as the hours develop after school centers for chil- or for dropouts, or for any number of move into the early evening and par- dren that provide educational, rec- the pressing needs facing our Nation. ents come home, the peak drops. Addi- reational, cultural, health and social All of this is going to be discussed in tionally, law enforcement supports services. Specifically, activities and the reauthorization of the Elementary afterschool programs. We call this par- services may include: Literacy pro- and Secondary Education Act. ticular amendment an anticrime grams, telecommunications and tech- With that, Mr. President, I will yield amendment. It has been endorsed by nology education programs, mentoring, the floor. police athletic leagues from across the academic assistance, job skills assist- The PRESIDING OFFICER (Mr. GOR- Nation. Members have been calling in ance, expanded library services, nutri- TON). Are there further remarks on favor of this amendment. Here is the tion and health programs, summer and amendment No. 67? list of the many law enforcement weekend school programs, services to Mrs. BOXER addressed the Chair. groups, just a handful of them, to show individuals with disabilities, drug, al- The PRESIDING OFFICER. The Sen- you how popular this program is. cohol, and gang prevention. ator from California. Who supports afterschool programs Last year, 21st Century Community Mrs. BOXER. Just a point of infor- in America? In a recent poll, August of Learning Centers grants were awarded mation, is this the Boxer amendment 1998, 92 percent of Americans support to four school districts in my State. that the Senator has just spoken afterschool programs. After school pro- Schools in Armada, Benton Harbor, against? grams are anticrime, pro-education, Grant Rapids and the Highland Park Mr. JEFFORDS. This is the Lott pro-community, and make common School have received these grants. I amendment. sense. Again, I hope Senators will vote would like to share with you some of Mrs. BOXER. Fine, I will withhold. in favor of afterschool programs. This the possibilities that these grants can Mr. JEFFORDS. Mr. President, I ask is not a new program. I thank my col- provide to local school districts around to vitiate the yeas and nays. leagues for their attention. my state and nationwide. The PRESIDING OFFICER. Without Mr. LEVIN. Mr. President, I am In the Armada Area Schools, the dis- objection, it is so ordered. pleased to cosponsor this legislation to trict planned a virtual network of mid- The question is on agreeing to provide quality after school programs dle school computer centers (called amendment No. 67. for our nation’s youth. There are 23.5 ‘‘clubhouse’’). The centers are meant to

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 4208 CONGRESSIONAL RECORD—SENATE March 11, 1999 increase student engagement in learn- activities to help kids stay safe. I will in 1995, in northeastern , lo- ing through computer use; foster col- support this amendment for three rea- cated in a transformed convenience laboration among students, schools and sons. First, there is a desperate need in store. Our PAL centers were not start- communities; and develop a model of this country for constructive after ed with the help of the federal govern- statewide collaboration through the school programs for our youth. Second, ment. The success of this program is sharing of resources. it authorizes increased funding for due to the hard work of the Baltimore The Benton Harbor Area Schools after school programs. Third, this Police Department and the support and planned to partner up with local com- amendment specifically includes Police involvement of members of the com- munity groups and Western Michigan Athletic Leagues as part of the after munity. But now it’s time for the fed- University to provide Community school effort. eral government to help fund the PAL Learning Centers, which are estab- Mr. President, America’s youth needs centers and the excellent work that lished to assist middle school students our help. Kids need constructive after they do. in developing literacy and technology school activities to keep their young The PAL centers provide adult role skills and they plan, produce, and minds healthy and active. In many models for our kids. They promote present constructive projects that deal families today, both parents have to character & responsibility. The people with community-wide issues such as work. And that’s if they are lucky there help kids with their homework. poverty, violence, drug use, and teen enough to have two parents. Many kids They teach them about art, cultural pregnancy. are raised by single moms who hold activities and sports. This is all part of The Grand Rapids Public Schools down one or more often, even two jobs our effort to get behind our kids and planned to create four local Learning just to make ends meet. I talk to single combat juvenile crime. PAL centers Centers in its middle schools. The pro- moms in my state of Maryland who can help to make our streets safe and give gram is designed to operate on after- barely get by. Many of them hold down kids the tools for success. These pro- noons, one evening per week, and sev- steady jobs while trying to go to grams recognize that we need to give eral hours on Saturdays and provide school. They are trying to improve kids alternatives to the streets. enrichment activities, recreational ac- themselves so they can get better jobs Mr. President, after school programs tivities, parent and child activities and and take care of their families. These must be a priority. We don’t have the community support activities. parents can’t always be there after luxury of funding after school pro- The Highland Park School District, school to supervise their children. grams just because we want to do which collaborated with government, They cannot leave their jobs at 3:30 something extra for our kids. After nonprofit groups, and local univer- when school lets out. They cannot quit school is not an extra anymore. After sities, planned to create two Learning their jobs because even if there are two school programs are now a necessary Centers in their area. At these centers, parents working, they still need every fact of life. We need to give kids a students and community members can dime. fighting chance. I will be fighting to participate in academic programs, So what do we tell these people to do enact this bill into law and I encourage sports and recreational activities, lit- with their kids after school? What if all of my colleagues here to get behind eracy and family recreational activi- they aren’t lucky enough to have our kids and vote for this amendment. ties. grandparents or aunts and uncles to The PRESIDING OFFICER. Who I would like to applaud the innova- take care of the kids after school? Most yields time? The Senator from tive ways in which Michigan educators of these parents can’t afford the high Vermont. have provided students with after costs of day care. Do we just blame the Mr. JEFFORDS. Mr. President, I will school programs. These school districts parents when their kids get in trouble? likely oppose this amendment because, were selected for the 21st Century No. This is a responsibility for us all. again, this will be reauthorizing the El- Learning Centers grants because of This situation presents a problem for ementary and Secondary Education their innovative projects in addressing us all. Gangs, drugs, and violent crimes Act. Actually, this program is already their after-school needs. And, let me has become an epidemic among our part of the law in a way. It is the 21st say, Mr. President, that Michigan stu- children. These kids are the future of Century Schools program I got in in dents and parents are lucky to have our country. One day, they will be our 1994. The administration has, by regu- people like Kathleen Strauss, Vice leaders. Here in Congress we have the lation, kind of changed it into an after- President of the Michigan Board of ability and the duty to save our youth. school program. I do not mind that, Education, who has championed the And this amendment helps commu- but I think the 21st Century Schools cause of after-school programs for our nities build after school programs for was much broader and a better pro- youth for many years. We are also our youth. gram. We can argue this out, and we lucky to have such dedicated edu- I also support this amendment be- will have hearings on it and evidence cators, especially in Armada, Benton cause it authorizes $600 million for presented during the next few weeks Harbor, Grand Rapids and Highland after school programs. This money will and months. At this point, I would Park, who have helped students gain allow 1.1 million kids each year to go have to oppose the Boxer amendment, access to computers and new tech- to an after school program. In the and eventually, after time runs out, I nologies, and to encourage student in- budget last year, we put $200 million in will move to table it. volvement in the community. after school programs. Last year, we I retain the remainder of my time. I am pleased that Michigan schools made the downpayment. This year, the The PRESIDING OFFICER. The Sen- are benefiting from these grants, and President has tripled that amount to ator from California has 58 seconds re- am hopeful that the model set by these $600 million. And what will this fund- maining. school districts will encourage the es- ing mean? It means that after school Mrs. BOXER. Thank you, Mr. Presi- tablishment of similar initiatives in programs could get more space. They dent. I will take that time, if I might. communities throughout my state and could hire more staff and add programs I knew I could speak fast, but I did not the nation. I urge my colleagues to and services. It means that these pro- realize I had left all that time. support this amendment. grams can serve more young people. Again, I say to my friend, this is a Ms. MIKULSKI. I rise today as an Mr. President, I will also support this moment, an opportunity for us. We original cosponsor of Senator BOXER’s amendment because it specifically in- have an education bill before the U.S. After School Education and Anti Crime cludes Police Athletic Leagues as part Senate. Why would we wait to put Amendment. I am very pleased to sup- of the after school effort. I have made more teachers in the classroom? Why port this important legislation with it a priority to do all I can to help the would we wait on afterschool programs Senator BOXER. One of my highest pri- PAL programs in Maryland. We have 27 when, in fact, it is so necessary? orities as Senator is to promote struc- PAL centers in Baltimore, Maryland. Throughout America, people are asking tured, community-based after school The first PAL center in Maryland was us to act. If you go to the community

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.000 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4209 and say, well, we are waiting for a dif- Mikulski Robb Torricelli and complex issues, and it has been ferent vehicle to come before the Sen- Moynihan Rockefeller Wellstone widely recognized as a significant im- Reed Sarbanes Wyden ate before we address after school pro- Reid Schumer provement of this landmark legisla- grams, they will look at you and say, tion, to protect the rights of 6 million NOT VOTING—1 wait a minute, we need these funds children to a free, appropriate public now. Our kids are getting into trouble Murray education. The Department of Edu- after school. We have an opportunity, The motion to lay on the table the cation moved quickly to propose regu- with a good bill that Senator WYDEN amendment (No. 65) was agreed to. lations, and the final regulations are has brought to us and Senator FRIST, Mr. JEFFORDS. Mr. President, I expected this Friday. to make it even better. I urge my col- move to reconsider the vote, and I In many communities, schools are leagues, please vote in favor of this move to lay that motion on the table. only just beginning to use the tools amendment for afterschool programs. The motion to lay on the table was that are available to them under cur- The PRESIDING OFFICER. Who agreed to. rent law in cases where disciplinary ac- yields time? AMENDMENT NO. 68 tion is warranted for a disabled stu- Mr. JEFFORDS. Mr. President, Mr. JEFFORDS. Mr. President, I am dent. Schools have broad power to de- again, I just reiterate, this is not the going to now ask for a voice vote on velop and implement behavioral inter- time to be arguing about this. The Lott amendment numbered 68. This is vention plans for children with disabil- time is with reauthorization of the Ele- basically the same amendment we have ities, and to use early intervention in mentary and Secondary Education Act. been voting on. I think I talked to the ways that can avoid the need for dis- Therefore, I would strongly urge Mem- other side of the aisle and they have no ciplinary actions at all. bers of both sides to vote against this reason not to have a voice vote. The 1997 changes in the law and the amendment. At this point, I ask unanimous con- implementation of the regulations Mr. President, I move to table the sent to vitiate the yeas and nays on under it must be given a chance to work. At this point, it is clearly pre- amendment, and I yield back the re- Lott amendment No. 68. mature to make substantive changes in mainder of my time. Mr. BAUCUS. Mr. President, I object. the statute. The goal of this Congress The PRESIDING OFFICER. Does the The PRESIDING OFFICER. The ob- should be to give all children the edu- Senator ask for the yeas and nays? jection is heard. cational opportunity to pursue their Mr. JEFFORDS. I ask for the yeas Mr. JEFFORDS. Mr. President, let goals and dreams. We should not pre- and nays on the motion to table. me explain this amendment. Like the maturely undermine the implementa- The PRESIDING OFFICER. Is there a previous Lott amendment, this would amend the class size reduction provi- tion of this landmark legislation. sufficient second? Mr. President, for the reasons out- There is a sufficient second. sions of the fiscal year 1999 Department of Education Appropriations Act to ex- lined earlier, we were prepared to move The yeas and nays were ordered. towards a voice vote. The PRESIDING OFFICER. All time pand the choices available to local school officials. They would have the There is one change in terms of the having been yielded back, the question IDEA regulations. There will be some is on agreeing to the motion to lay on opportunity to determine whether hir- ing teachers or educating children with IDEA regulations with regard to dis- the table the amendment of the Sen- cipline that have been included in this ator from California. The yeas and disabilities is a greater need in the schools and spend the additional funds amendment that are generally not ob- nays have been ordered. The clerk will jectionable. However, since it does ef- call the roll. accordingly. I am sure that many areas will fectively undermine the previous The bill clerk called the roll. agreement, I hope it would not be ac- Mr. REID. I announce that the Sen- choose to hire teachers, although I strongly suspect that most commu- cepted. ator from Washington (Mrs. MURRAY) Mr. President, I have three letters— nities in my home State would choose is absent because of a death in the fam- one from the National Parent Network to use their funds for IDEA, special ily. on Disabilities, the Disability Rights education. If a locality has a plentiful The result was announced—yeas 55, Education and Defense Fund, and the supply of unemployed qualified teach- nays 44, as follows: National Organization on Mental Re- ers and lacks only the funds to hire [Rollcall Vote No. 44 Leg.] tardation—from organizations that are them, that locale will use the $1.2 bil- opposed to this amendment, and I ask YEAS—55 lion to hire teachers. If that is not the unanimous consent they be printed in Abraham Frist Murkowski case, those funds will be put to better Allard Gorton Nickles the RECORD. use by supporting existing efforts to Ashcroft Gramm Roberts There being no objection, the letters Bennett Grams Roth educate special education students. were ordered to be printed in the Bond Grassley Santorum I urge my colleagues to support this RECORD, as follows: Brownback Gregg Sessions amendment. I retain the remainder of Bunning Hagel Shelby my time. NATIONAL PARENT NETWORK Burns Hatch Smith (NH) ON DISABILITIES, Campbell Helms Smith (OR) The PRESIDING OFFICER. Who Washington, DC, March 11, 1999. Chafee Hutchinson Snowe yields time? Cochran Hutchison Senator EDWARD M. KENNEDY, Specter Collins Inhofe Mr. KENNEDY. Mr. President, I want Russell Senate Building, Washington, DC. Coverdell Jeffords Stevens to make it crystal clear that I am not DEAR SENATOR KENNEDY: On behalf of the Craig Kyl Thomas in favor of amending IDEA in any sig- board and members of the National Parent Thompson Crapo Lott nificant way, now or in the near future. Network on Disabilities (NPND) we are op- DeWine Lugar Thurmond In the last Congress, members of both posed to any amendments to the Individuals Domenici Mack Voinovich with Disabilities Education Act (IDEA) now Warner Enzi McCain the House and the Senate worked hard or in the near future. In the last Congress, Fitzgerald McConnell to bring all sides together to reauthor- members of both the House and Senate NAYS—44 ize IDEA. Now, Congress owes children worked hard to bring all sides together to Akaka Daschle Johnson and families across the country the pass the rauthorization of IDEA. The vote in Baucus Dodd Kennedy most effective possible implementation both Houses was near unanimous in favor of Bayh Dorgan Kerrey of this legislation. reauthorization. Biden Durbin Kerry Tomorrow the regulations to implement Bingaman Edwards Kohl The amendments enacted in 1997 were the product of comprehensive, bipar- this law will be promulgated. With these reg- Boxer Feingold Landrieu ulations there is an opportunity to move for- Breaux Feinstein Lautenberg tisan negotiations involving Congress ward with full implementation of the law. Bryan Graham Leahy and the Administration, with extensive Byrd Harkin Levin Congress owes the children and families Cleland Hollings Lieberman public input. The final product in- across the country the most effective pos- Conrad Inouye Lincoln volved compromises on many sensitive sible implementation of this legislation.

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.001 S11MR9 4210 CONGRESSIONAL RECORD—SENATE March 11, 1999 The amendments which were enacted on THE ARC OF THE UNITED STATES, issue of a school’s ability to discipline June 4, 1997 were the product of comprehen- GOVERNMENTAL AFFAIRS OFFICE, IDEA students who carry or possess sive, bipartisan negotiations involving both Washington, DC, March 11, 1999. weapons to or at schools. chambers of Congress and the Administra- Hon. EDWARD M. KENNEDY, Mr. President, I have proposed a pro- tion, with extensive public input. The final Ranking Minority Leader, Health, Education, product, which involved compromises on Labor and Pensions Committee, U.S. Senate, vision within Amendment No. 68 which many sensitive and complex issues, has been Washington, DC. makes an important addition to a pro- widely recognized as a significant improve- DEAR SENATOR KENNEDY, it has come to vision in the Individuals with Disabil- ment of this landmark legislation, which the attention of The Arc that the Senate in- ities Education Act. The revision I pro- protects the rights of 6 million children to a tends to vote on the Ed-Flex legislation, S. pose will ensure that the IDEA legisla- free, appropriate public education. 280, today. Much to our chagrin, a last sec- tion accurately reflects the intent of In many communities, schools are only ond amendment which would amend the dis- Congress that schools should have the just beginning to use the tools that are cipline provisions of the Individuals with ability to place a child with a dis- available to them under current law in cases Disabilities Education Act has been added to where disciplinary action is warranted for a S. 280. While we know that IDEA funding has ability in an alternative setting for dis- disabled student. Schools have broad power been heavily debated during consideration of cipline situations involving weapons. to develop and implement behavioral inter- this bill, there has been no debate on the Specifically, this provision revises ventions plans for children with disabilities, IDEA discipline provisions. Amending IDEA the law to explicitly allow a school to and to use early intervention in ways that at this time and under this circumstance is place a child with a disability in an ap- can avoid the need for disciplinary actions at absolutely unacceptable to the disability propriate interim alternative edu- all. community and The Arc. The last Congress, cational setting for up to 45 days if the The NPND represents 147 organizations na- after more than 2 years of intense negotia- child carries a weapon to or possesses a tionwide that serve parents and families of tion, made major changes to the IDEA dis- weapon at school, on school premises, students with disabilities. NPND provides a cipline provisions. These provisions have not voice and a presence at the national level to had a chance to be fully understood and im- or to or at a school function. Cur- influence public policy on behalf of its con- plemented since we still do not have the rently, the law says that a school could stituents. NPND is opposed to any amend- final regulations to implement these com- take such action only if the child car- ments to IDEA. plicated provisions. Further amending IDEA ries a weapon to school or to a school Sincerely, this way is fraught with danger and will lead function. PATRICIA M. SMITH, to considerable more confusion in the edu- The problem with the current statu- Executive Director. cation and special education communities. It tory language is that it creates an un- is simply not the time and the Ed-Flex bill is intended loophole which could prevent DISABILITY RIGHTS EDUCATION not the place to amend IDEA. Thus, we re- a school from placing a child in an al- AND DEFENSE FUND, INC., luctantly recommend you oppose final pas- March 11, 1999. sage of the Ed-Flex bill. ternative placement if the child at Senator EDWARD M. KENNEDY, We thank you for your consideration of our question is in possession of a weapon. Russell Senate Office Building, views. Some school boards in my state have Washington, DC. Sincerely, expressed concerns about the language DEAR SENATOR KENNEDY, the Disability LORRAINE SHEEHAN, in the IDEA reauthorization allowing a Rights and Education Fund (DREDF), is an Chairman. 45 day change in placement of a child organization which specializes in disability, Mr. LOTT. Mr. President, I would who ‘‘carries’’ a weapon to school. civil rights and education law. We are like to yield to the Senator from Mis- Schools want to know whether that strongly opposed to any amendments to the Individuals with Disabilities Education Act souri, Senator ASHCROFT, so that he language means they can change the (IDEA). can explain a provision that he drafted placement of a child whom they found In the last Congress, the House and Senate for Amendment No. 68, an amendment to be in ‘‘possession’’ of a weapon, as worked hard in a bipartisan manner to bring that he and I have offered to the Ed- well as a child found to be simply ‘‘car- all sides together to pass the reauthorization Flex bill. rying’’ the weapon to school. They are of IDEA. The amendments which were en- Mr. ASHCROFT. I thank the Major- afraid that the language of the statute acted on June 4, 1997 were the product of in- ity Leader for this opportunity to give sets up a distinction that is going to tense negotiations involving both chambers an explanation of the provision. create a big loophole which kids can of Congress and the Administration, with ex- Mr. LOTT. It is my understanding tensive public input. Parents, family mem- jump through to avoid the 45 day bers, educators, administrators and legal that the Senator from Missouri’s provi- change in placement. scholars came together week after week sion makes an important clarification Right now, there is a situation in a prior to passage to provide input to assist in to a discipline provision within the In- school district in my state involving crafting this landmark legislation which dividuals with Disabilities Education two students, both with individualized protects the rights of 6 million children to a Act. education programs (IEPs). I have been free, appropriate public education. Mr. ASHCROFT. Yes, that is correct. asked not to name the specific school The final regulations for IDEA are going to I am proposing this provision in re- district at issue because proceedings be promulgated tomorrow. With these regu- sponse to specific concerns I have lations, we expect full implementation and are still pending on this matter. But enforcement of the law. We believe that it is heard from Missourians. here are the facts: Student A carried a imperative that Congress allow this law to Mr. President, a message that I am weapon into the school and gave it to be implemented on behalf of these students hearing from parents and teachers and Student B, who then put the weapon nationwide. students is the issue of school dis- into his (Student B’s) locker. The One of the major points of contention in cipline. For the past few months my school knew that it could put Student the reauthorization was the subject of dis- staff and I have been looking into this A into an alternative placement, since cipline. Section 615 of IDEA reflected very issue to see if there are changes that Student A literally ‘‘carried ‘‘the weap- carefully crafted language dealing with dis- can and should be made to the Individ- cipline. In many communities, schools are on into school. But could the school only beginning to use the tools that are uals with Disabilities Act Reauthoriza- also change Student B’s placement, available to them under Section 615 in cases tion legislation, in order to give local since technically he didn’t ‘‘carry’’ the where disciplinary action is warranted for a schools the flexibility they need to weapon into school, but instead was disabled student. Schools have broad power apply disciplinary measures in a fair, simply ‘‘possessing’’ it? to develop and implement behavioral inter- uniform, and logical manner. I will The school went ahead and also vention plans for children with disabilities. have more to say on this issue when placed Student B in an alternative Please, as you have done so many times be- the Senate takes up the reauthoriza- placement as well. However, the school fore, continue to fight to protect the rights tion of the Elementary and Secondary is now worried that at the pending pro- of children with disabilities and their fami- lies. Education Act. ceeding, Student B will raise the issue Sincerely, But one issue has come to my atten- of ‘‘carrying’’ as opposed to ‘‘pos- PATRISHA WRIGHT, tion that I believe Congress should ad- sessing’’ the weapon. The school says Director of Governmental Affairs. dress right now, and it involves the that it doesn’t know how it will be able

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.001 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4211 to get around an argument from the The legislative clerk called the roll. ment. He will speak on the report card child or his parent that the child did Mr. REID. I announce that the Sen- provisions. My amendment is on social not literally carry the weapon to ator from Washington (Mrs. MURRAY) promotion and remedial education. I school. is absent because of a death in the fam- hope this is one area this body can Surely Congress did not intend to set ily. agree on; that is, the practice, formal up such a situation in the 1997 IDEA re- The result was announced—yeas 78, or informal, of promoting youngsters authorization. Surely we intended that nays 21, as follows: from grade to grade when they some- schools have the ability to place a [Rollcall Vote No. 45 Leg.] times don’t even attend school and child in an alternative setting for up to YEAS—78 often fail classes. That is not the way 45 days if the child possessed a weapon Abraham Edwards Mack to educate young people in the United on school premises, as well as carried a Allard Enzi McCain States of America. weapon to the school. And this is why Ashcroft Feinstein McConnell Increasingly, States are doing away we should pass this amendment: to en- Baucus Fitzgerald Murkowski with the practice of social promotion Bayh Frist Nickles sure that schools have the ability to Bennett Gorton Reid and providing standards and enabling take the appropriate measures against Bond Gramm Robb school districts to implement those students when weapons are involved. Boxer Grams Roberts standards in the basic core cur- Breaux Grassley Rockefeller I would like to point out that even Brownback Gregg Roth riculum—reading, writing, math, and the Department of Education has ac- Bryan Hagel Santorum social sciences. knowledged that the current statutory Bunning Hatch Schumer This amendment tries to provide language ‘‘carries a weapon to school Burns Helms Sessions Federal incentives and Federal help for Byrd Hollings Shelby or to a school function’’ is ambiguous, Campbell Hutchinson Smith NH) the remedial education that is nec- and that it was the clear intent of Con- Chafee Hutchison Smith (OR) essary to make the abolition of the pol- gress to cover instances in which the Cochran Inhofe Snowe icy of social promotion a realistic pos- Collins Jeffords Specter child is found to be in possession of a Conrad Johnson Stevens sibility. weapon at school. Coverdell Kerrey Thomas So it would authorize $500 million to Now this amendment, if passed, Craig Kyl Thompson school districts for remedial education would not apply to the school district Crapo Landrieu Thurmond for afterschool, summer school, inten- DeWine Lieberman Torricelli in Missouri that is facing this di- Domenici Lincoln Voinovich sive intervention for students who are lemma, since that is a pending case. Dorgan Lott Warner failing or at risk of failing. As a condi- But we would be addressing this prob- Durbin Lugar Wyden tion of receiving the funds, the school lem for any future situations, pro- NAYS—21 districts would have to adopt a policy viding the clarity that schools, par- Akaka Graham Leahy that prohibits social promotion. Dis- ents, and children need. Biden Harkin Levin trict would have to require students to Mr. President, schools, teachers, Bingaman Inouye Mikulski meet academic standards. And they principals, and administrators want Cleland Kennedy Moynihan Daschle Kerry Reed would test students for achievement. and need to be able to treat all stu- Dodd Kohl Sarbanes Now, I think the problem is clear. dents on a uniform basis when weapons Feingold Lautenberg Wellstone This course of least resistance, of sim- are involved. We need to be sure that NOT VOTING—1 ply promoting youngsters, has really our laws allow a school to remove any Murray led to declining test scores, failure, student from the regular classroom if frustration, and certainly the inability that student is found with a weapon at The amendment (No. 68) was agreed of many to even fill out an employ- school. We need to close up any loop- to. ment application to be able to get a job holes in the law that would prevent a Mr. JEFFORDS. Mr. President, I after graduation. school from taking this immediate ac- move to reconsider the vote. Mr. WELLSTONE. Mr. President, tion to maintain a safe learning envi- Mr. HATCH. I move to lay that mo- could we have order in the Chamber. ronment for our students. tion on the table. The PRESIDING OFFICER. The Sen- Mr. President, I hope that my col- The motion to lay on the table was ate will be in order. leagues will join with me in making agreed to. The Senator from California. this vital addition to the IDEA law, so AMENDMENT NO. 61 Mrs. FEINSTEIN. I thank the Chair. that schools will be able to exercise the The PRESIDING OFFICER (Mr. So I feel very strongly that the authority we intended to give them to SMITH of Oregon). There are now 5 linchpin of reform of the public edu- maintain a safe school environment for minutes evenly divided on amendment cation system is the elimination of so- all our children. No. 61. cial promotion. But if you eliminate it Mr. JEFFORDS. Mr. President, this Who yields time? and you do not provide any help for is an amendment which I think every- Mrs. FEINSTEIN addressed the failing students, it will not work. So one would agree is an appropriate Chair. this is a small authorization, $500 mil- amendment regarding the rules with The PRESIDING OFFICER. The Sen- lion to help those students and not just respect to discipline and carrying a ator from California is recognized. leave them languishing. I very much weapon into a school. A decision was Mrs. FEINSTEIN. Mr. President, I hope that both sides of the aisle will made, that the law only applied to would like to share my 21⁄2 minutes vote for it. those individuals who carried a weapon with Senator DORGAN. The amendment I yield the remainder of my time to to the school. But, if the weapon was in before the body right now is a com- the Senator from North Dakota. the possession of someone within the bined amendment. My amendment is The PRESIDING OFFICER. The Sen- school, the law did not apply. This on social promotion and provides fund- ator’s time has expired. would make sure that possession, as ing for— Mrs. FEINSTEIN. I am sorry. well as carrying it in, is a violation. Mr. WELLSTONE. Mr. President, Mr. DORGAN. Mr. President, let me That is why I will obviously support may we have order in the Chamber. ask unanimous consent for 1 minute. the amendment. The PRESIDING OFFICER. The Sen- Mr. JEFFORDS. Mr. President, I Mr. KENNEDY. Mr. President, I yield ate will be in order. yield 1 minute to my good friend. back our time. The Senator from California. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. All time Mrs. FEINSTEIN. I thank the Chair. ator from North Dakota. having been yielded back, the question Mr. President, the amendment before Mr. DORGAN. I thank the Chair. is on agreeing to the amendment. the body is a combination amendment The second half of this amendment The yeas and nays have been ordered. with Senator DORGAN. It is remedial would allow for the opportunity to The clerk will call the roll. education and a report card amend- have a standardized report card on

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.001 S11MR9 4212 CONGRESSIONAL RECORD—SENATE March 11, 1999 schools—not students, schools. What Gorton Kyl Shelby program. This is the right thing to do. does it mean if your child gets the best Graham Leahy Smith (NH) If this amendment is not agreed to, Gramm Lott Smith (OR) grades in the worst school in the school Grams Lugar Snowe this piece of legislation will not be a district? We know about our children. Grassley Mack Specter step forward for low-income children in Our children bring home report cards Gregg McCain Stevens America. It will be a great leap back- Hagel McConnell every 6 weeks or 9 weeks. We don’t Thomas ward. Hatch Murkowski Thompson Helms Nickles know about our schools. Thurmond Please support this amendment, col- Hutchinson Roberts Do you get a report card on your Voinovich Hutchison Roth leagues. Warner school? You sure don’t. Oh, there are Inhofe Santorum The PRESIDING OFFICER. The Sen- Wellstone some 30 States that call for a certain Jeffords Sessions ator from Vermont. kind of report card. Most parents have NAYS—40 never seen one. This would suggest Mr. JEFFORDS. Mr. President, I am Akaka Durbin Lieberman sorry that I must disagree with the that parents ought to be able to under- Baucus Edwards Lincoln stand what they have received from words of my colleague and member of Bayh Feinstein Mikulski my committee. that school with the investment they Biden Harkin Moynihan have made. How does that school com- Bingaman Hollings Reed Ed-Flex, as it currently operates, de- Boxer Inouye Reid mands accountability of participating pare to other schools? How does your Breaux Johnson Robb States. It is important to keep in mind State compare to other States? Bryan Kennedy Rockefeller Byrd Kerrey That is what this report card pro- Sarbanes that accountability has been a part of Cleland Kerry Schumer Ed-Flex since its inception, and the posal would do. It would say, let’s do Conrad Kohl Torricelli for schools what we do for students, Daschle Landrieu manager’s package builds upon those and let’s allow parents the opportunity Dodd Lautenberg Wyden strong accountability provisions. The to understand how well their school Dorgan Levin manager’s package, adopted last week, does in educating children. NOT VOTING—1 adds the following accountability fea- I have been joined by Senator BINGA- Murray tures: State Ed-Flex applications must MAN in offering this amendment. We be coordinated with the title I plan or The motion to lay on the table the with the State’s comprehensive reform have added it to the Feinstein amend- amendment (No. 61) was agreed to. ment. plan; emphasis on school and student Mr. JEFFORDS. Mr. President, I performance; requires additional re- The PRESIDING OFFICER. The Sen- move to reconsider the vote by which ator from Vermont. porting by the Secretary regarding ra- the motion was agreed to, and I move tionale for approving waiver authority. Mr. JEFFORDS. Mr. President, I re- to lay that motion on the table. luctantly rise in opposition and also The motion to lay on the table was It is very important to keep in mind will move to table after I finish. But I agreed to. that the Department of Education, the oppose it only because it should be in Secretary, is the entity that deter- AMENDMENT NO. 62 the reauthorization act which we are mines whether or not a State qualifies The PRESIDING OFFICER. There doing for elementary and secondary as an Ed-Flex State. That is retained. are now 5 minutes evenly divided on education. I promise my colleagues The September 1998 GAO report stat- the Wellstone amendment. The Senator that I will work with them to improve ed: from Minnesota. programs that make sure that we do a Mr. WELLSTONE. Mr. President, fol- The recent flexibility initiatives increase better job in ending the problems we lowing is a list of requirements this the amount of information districts need, have with so-called social promotion. amendment will make unwaivable rather than simplifying or streamlining in- How much time do I have? formation on Federal requirements. Federal under Ed-Flex: providing opportunities flexibility efforts neither reduce districts’ fi- The PRESIDING OFFICER. Fifty for all children to meet challenging seconds. nancial obligations nor provide additional achievement levels; using learning ap- dollars. Mr. JEFFORDS. I will yield it back. proaches that meet the needs of histor- I move to table the amendment. ical underserved populations, including For those reasons, I ask my col- The PRESIDING OFFICER. All time girls and women; provide instruction leagues to oppose the Wellstone is yielded back. by highly qualified professional staff; amendment. Mr. JEFFORDS. I ask for the yeas provide professional development for Mr. President, I yield back the re- and nays. teachers and aides to enable all chil- mainder of my time. The PRESIDING OFFICER. Is there a dren in the school to meet the State’s The PRESIDING OFFICER. Does the sufficient second? There is a sufficient student performance standards. Senator from Minnesota yield back the second. I am for flexibility, but we ought to balance of his time? The yeas and nays were ordered. also have, in addition, accountability. Mr. WELLSTONE. I do. The PRESIDING OFFICER. The These are the core requirements of the Mr. JEFFORDS. Mr. President, I question is on agreeing to the motion title I program as a part of ESEA to table the amendment. The yeas and move to table the Wellstone amend- passed in 1965. There is a reason for ment, and I ask for the yeas and nays. nays have been ordered. The clerk will these core requirements. We want to call the roll. make sure that there will be no loop- There appears to be a sufficient sec- The bill clerk called the roll. hole so that we give protection to poor ond. Mr. REID. I announce that the Sen- children in this country. Right now, The yeas and nays were ordered. ator from Washington (Mrs. MURRAY) this ed flexibility bill, unless this The PRESIDING OFFICER. The is absent because of a death in the fam- amendment is agreed to, creates a question is on agreeing to the motion ily. loophole whereby a State could allow a to lay on the table amendment No. 62. The result was announced—yeas 59, school district to be exempt from these The yeas and nays have been ordered. nays 40, as follows: basic core requirements, which is our The clerk will call the roll. [Rollcall Vote No. 46 Leg.] effort as a national community to The legislative clerk called the roll. YEAS—59 make sure that poor children have edu- Mr. REID. I announce that the Sen- Abraham Burns Crapo cational opportunities. Allard Campbell DeWine The Ed-Flex bill, if this amendment ator from Washington (Mrs. MURRAY) Ashcroft Chafee Domenici is not agreed to, could take away op- is absent because of a death in the fam- Bennett Cochran Enzi portunities for poor children. I ask for ily. Bond Collins Feingold Brownback Coverdell Fitzgerald your support in relation to title I, in The result was announced—yeas 57, Bunning Craig Frist relation to the vocational education nays 42, as follows:

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.001 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4213 [Rollcall Vote No. 47 Leg.] education. It helps to guarantee that size—and they need to be sure that YEAS—57 accountability goes hand in hand with Congress will do its part to help them Abraham Frist McCain flexibility, and that increased flexi- over the long term, as we promised. Allard Gorton McConnell bility will in fact lead to improved stu- I intend to vote for the final Ed-Flex Ashcroft Gramm Murkowski dent achievement. bill to move this defective legislation Bennett Grams Nickles Bond Grassley Roberts But I’m concerned that we are not to the next stage, where I hope we can Brownback Gregg Roth fulfilling the 7-year commitment we reach a satisfactory compromise. Bunning Hagel Santorum made only a few months ago to help Clearly we should not break promises Burns Hatch Sessions communities reduce class size. It to communities. We should make com- Campbell Helms Shelby Chafee Hutchinson Smith (NH) makes no sense to take a small step mitments and keep them. And I will Cochran Hutchison Smith (OR) forward by passing Ed-Flex, and a oppose a conference report that in- Collins Inhofe Snowe giant step backward by breaking the cludes any provisions to undermine our Coverdell Jeffords Specter Craig Johnson Stevens class size commitment. commitment to reducing class size. Crapo Kyl Thomas The National Parents and Teachers I will continue to work to make sure DeWine Landrieu Thompson Association, the American Federation that we meet our commitments to Domenici Lott Thurmond of Teachers, the Council of Chief State helping communities give all children Enzi Lugar Voinovich Fitzgerald Mack Warner School Officers, and the National Edu- a good education. The nation’s future cation Association strongly oppose the depends on it. NAYS—42 Lott Amendment, because it under- I want to thank the leaders, Senator Akaka Durbin Levin mines the commitment to class size re- LOTT and Senator DASCHLE, for their Baucus Edwards Lieberman Bayh Feingold Lincoln duction that was approved with broad courtesy and I want to congratulate Biden Feinstein Mikulski bipartisan support only a few months my friend and colleague, the chairman Bingaman Graham Moynihan ago, and because it pits class size re- of the committee, on his work, too. Boxer Harkin Reed I want to thank Danica Petroshius, Breaux Hollings Reid duction against helping disabled chil- Bryan Inouye Robb dren. my education advisor, for her able as- Byrd Kennedy Rockefeller Congress made a specific promise last sistance on this legislation and tireless Cleland Kerrey Sarbanes fall to help schools hire 100,000 new work, along with Jane Oates, Dana Conrad Kerry Schumer Daschle Kohl Torricelli teachers over the next seven years to Fiordaliso, Connie Garner, and Mark Dodd Lautenberg Wellstone reduce class size. We should keep that Taylor, along with my committee staff Dorgan Leahy Wyden promise, not undermine it, and not put director Michael Myers. NOT VOTING—1 it in competition with IDEA. I also thank Greg Williamson of Sen- Murray School districts can’t choose to do ator MURRAY’s staff, Suzanne Day of what is right for some children and not Senator DODD’s staff, Elyse Wasch of The motion to lay on the table the for others. They must—and do—serve Senator REED’s staff, Bev Schroeder of amendment (No. 62) was agreed to. all children. They need a federal help- Senator HARKIN’s staff, Roger Wolfson Mr. LOTT. Mr. President, I believe ing hand to make sure all children get of Senator WELLSTONE’s staff, and we are through with the list of amend- a good education. We should not force Lindsay Rosenberg of Senator WYDEN’s ments and we will be ready to go to communities to choose between small- staff. final passage. er classes and students with special And I also thank Sherry Kaiman, ORDER OF PROCEDURE needs. Pitting one child against an- Jenny Smulson, and Susan Hattan of Mr. LOTT. For the information of all other is wrong. We should meet our Senator JEFFORDs’ staff, and Meredith Senators, the Senate after this vote commitment to improving education Medley of Senator FRIST’s staff. will be finished for the day. We will not for all children. Mr. LOTT. Mr. President, across our have any recorded votes on Friday, and Nothing is more important on the Nation, courageous teachers and school because we have been able to work out calendar of schools right now than administrators, parents and Governors, an agreement on how to proceed on the their budgets. Over the next few weeks, are working to find creative ways to national missile defense issue, we will schools across the country will be mak- ensure that our children receive a not have any recorded votes on Monday ing major decisions on their budgets world class education. The United either. We will be on the bill. We for the next school year. And in many States Senate is prepared to promote worked it out where we would not have of these communities, the budgets are and support these efforts. Nothing is to have a cloture vote on the motion to due by early April. In Memphis, school more important to the future of our proceed. I think this is a positive. I budgets are due on March 22. In Fay- Nation that the education of our chil- want to commend the Democratic lead- ette County, Kentucky, school budgets dren. er for working with us on that. are due on March 31. In Boston, Savan- The ideas we propose today are con- Also, before we vote, I want to say nah, Las Vegas, and Houston, school fident reform, rooted in tested prin- how pleased I am that we have com- budgets are due in the first week of ciples, parents, teachers and principals, pleted this Education Flexibility Act. April. In San Francisco, they are due the ones who know our children best, The managers of the bill have done a by April 1. In Council Bluffs, Iowa, should have the greatest influence on good job. We have been through all school budgets are due April 15th. In their classrooms. The needs of Amer- these votes today and we are going to Altoona, Pennsylvania, school budgets ica’s schools differ from community to complete this legislation, and the story are due in April. community, and we help them most will be that the Senate passed a bipar- Communities can’t do it alone. They when we empower them to make wise tisan education bill that is going to want the federal government to be a choices for the children in their care. help the children at the local level. strong partner in improving their Our money, manpower and energy I commend all who have been in- schools—not sit on the sidelines—and should be primarily devoted to teach- volved with it, and I am pleased that, certainly not break its promises to ing children, not to filing paperwork as a result of that, we will not have to help. and fueling bureaucracies. have recorded votes on Friday or Mon- The Senate should not turn its back These commonsense proposals have day. on our promise to help communities re- broad appeal. They have received I yield the floor. duce class size in the early grades. We strong bipartisan support. Every Mr. KENNEDY. Mr. President, I in- need to act now, so that communities Democratic Governor in the country tend to vote for the Jeffords substitute can plan effectively for the full seven supports this bill. Last year, the Presi- to the Ed-Flex bill today because it is years. No school can hire teachers one dent promised he would expand the a small step forward in improving the year at a time. That makes no sense. program we are considering today to federal, state, and local partnerships in Communities want to reduce class all fifty States. The bill passed out of

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.001 S11MR9 4214 CONGRESSIONAL RECORD—SENATE March 11, 1999 committee by a vote of 17–1 last July, Governors. . . . We strongly support Dorgan Jeffords Reid and Secretary Riley strongly supported this legislation as well as your decision Durbin Johnson Robb Edwards Kennedy Roberts its enactment at that time. There is no to move forward at this time.’’ The Na- Enzi Kerrey Rockefeller reason why the Senate should not tion’s Democratic Governors joined to- Feingold Kerry Roth quickly pass the bill sponsored by Sen- gether unanimously saying, ‘‘S. 280 is Feinstein Kohl Santorum Fitzgerald Kyl ators FRIST and WYDEN. commonsense legislation that we be- Sarbanes Frist Landrieu Schumer So the question before the Senate is Gorton Lautenberg lieve deserves immediate consider- Sessions Graham Leahy really quite simple. It is not whether ation. We hope, therefore, that you will Shelby Gramm Levin we will pass the Ed-Flex bill, for in the Smith (NH) join in supporting its prompt enact- Grams Lieberman end the overwhelming majority of the ment.’’ Grassley Lincoln Smith (OR) Senate will support it. Rather, the Governors across America are united. Gregg Lott Snowe Specter question is whether the Senate will There is simply no reason why the Sen- Hagel Lugar Harkin Mack Stevens keep faith with the American people, ate should not be as well. I urge my Hatch McCain Thomas by working together in a bipartisan good friends and colleagues on the Helms McConnell Thompson fashion, to help America’s school chil- other side of aisle to listen to their Hollings Mikulski Thurmond dren. Republicans stand ready to do Hutchinson Moynihan Torricelli Governors. Join us in supporting the Hutchison Murkowski Voinovich just that. The evidence of our commit- prompt enactment of a simple bill that Inhofe Nickles Warner ment is the fact that we offer a bipar- will provide meaningful reform to Inouye Reed Wyden tisan bill as one of the very first we schools throughout our Nation. Let’s NAYS—1 bring to the Senate floor. not squander an opportunity to work Wellstone Republicans and Democrats have together to demonstrate our common honest disagreements on many edu- commitment to America’s school- NOT VOTING—1 cation initiatives. Democrats believe children. Murray that new Federal categorical grant pro- The PRESIDING OFFICER. The The bill (H.R. 800), as amended, was grams that distribute money to States question is on the engrossment and passed, as follows: and counties based on complex for- third reading of the bill. Resolved, That the bill from the House of mulas are the best way to hire more The bill was ordered to be engrossed Representatives (H.R. 800) entitled ‘‘An Act teachers. Republicans believe that Fed- for a third reading and was read the to provide for education flexibility partner- eral dollars should be sent directly to third time. ships.’’, do pass with the following amend- the classroom so that parents, teach- Mr. JEFFORDS. Mr. President, I ask ment: ers, and principals can address the unanimous consent that the Senate Strike out all after the enacting clause and insert: unique educational needs of their par- now proceed to consideration of the ticular students, whether it be to hire House companion measure, Calendar SECTION 1. SHORT TITLE. more teachers, to provide special tu- This Act may be cited as the ‘‘Education No. 37, H.R. 800, and, further, after the Flexibility Partnership Act of 1999’’. tors, to buy new books or to teach enacting clause be stricken and the SEC. 2. FINDINGS. computer skills. These differing phi- text of S. 280, as amended, be inserted losophies will be debated, and ought to Congress makes the following findings: in lieu thereof. I further ask unani- (1) States differ substantially in demo- be debated, fully by the Senate. We will mous consent the bill be read a third graphics, in school governance, and in school fi- have ample opportunity throughout time and the Senate proceed to a vote nance and funding. The administrative and this Congress to do just that. on passage of the bill, as amended. Fi- funding mechanisms that help schools in 1 State However, there is simply no need to nally, I ask consent that immediately improve may not prove successful in other have divisive debates on a bipartisan following that vote, the Senate insist States. bill. So I urge my colleagues from on its amendment, request a con- (2) Although the Elementary and Secondary Education Act of 1965 and other Federal edu- across the aisle to choose constructive ference with the House, and S. 280 be progress over political posturing for cation statutes afford flexibility to State and placed back on the Calendar. local educational agencies in implementing Fed- the sake of improving America’s The PRESIDING OFFICER. Without eral programs, certain requirements of Federal schools. objection, it is so ordered. education statutes or regulations may impede Ed-Flex works for America’s chil- Mr. JEFFORDS. Mr. President, I ask local efforts to reform and improve education. dren. It proposes a simple exchange. for the yeas and nays. (3) By granting waivers of certain statutory States will hold schools accountable The PRESIDING OFFICER. Is there a and regulatory requirements, the Federal Gov- ernment can remove impediments for local edu- for their performance in return for sufficient second? granting each school the freedom to de- cational agencies in implementing educational There is a sufficient second. reforms and raising the achievement levels of all termine how best to achieve those re- The yeas and nays were ordered. sults. This is not an untested premise. children. The PRESIDING OFFICER. The (4) State educational agencies are closer to Currently, twelve States have this au- question is, Shall the bill, as amended, local school systems, implement statewide edu- thority. The results have been prom- pass? cational reforms with both Federal and State ising. The yeas and nays have been ordered. funds, and are responsible for maintaining ac- In Texas, Ed-Flex schools out- countability for local activities consistent with The clerk will call the roll. performed those without waivers by State standards and assessment systems. There- several percentage points on student Mr. REID. I announce that the Sen- fore, State educational agencies are often in the achievement scores. An elementary ator from Washington (Ms. MURRAY) is best position to align waivers of Federal and school in Maryland now provides indi- absent because of a death in the fam- State requirements with State and local initia- ily. tives. vidual tutors for its students who lag (5) The Education Flexibility Partnership behind in reading. The same school has The result was announced—yeas 98, nays 1, as follows: Demonstration Act allows State educational dramatically reduced class size in agencies the flexibility to waive certain Federal math and reading, providing one teach- [Rollcall Vote No. 48 Leg.] requirements, along with related State require- er for every twelve students. YEAS—98 ments, but allows only 12 States to qualify for The bill before us today simply ex- Abraham Boxer Cochran such waivers. pands the right to become an Ed-Flex Akaka Breaux Collins (6) Expansion of waiver authority will allow Allard Brownback Conrad for the waiver of statutory and regulatory re- State to all fifty States. It is strongly Ashcroft Bryan Coverdell supported by our Nation’s Governors, quirements that impede implementation of State Baucus Bunning Craig and local educational improvement plans, or Bayh Burns Crapo both Democrats and Republicans. Last that unnecessarily burden program administra- month, the National Governors Asso- Bennett Byrd Daschle Biden Campbell DeWine tion, while maintaining the intent and purposes ciation stated, ‘‘The expansion of the Bingaman Chafee Dodd of affected programs, and maintaining such Ed-Flex program is a high priority for Bond Cleland Domenici fundamental requirements as those relating to

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00036 Fmt 0686 Sfmt 6333 E:\BR99\S11MR9.001 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4215 civil rights, educational equity, and account- tion as the Secretary may reasonably require. cational agency will meet the requirements of ability. Each such application shall demonstrate that paragraph (8). (7) To achieve the State goals for the edu- the eligible State has adopted an educational (B) EVALUATION OF APPLICATIONS.—A State cation of children in the State, the focus must flexibility plan for the State that includes— educational agency shall evaluate an applica- be on results in raising the achievement of all (i) a description of the process the State edu- tion submitted under subparagraph (A) in ac- students, not process. cational agency will use to evaluate applica- cordance with the State’s educational flexibility SEC. 3. DEFINITIONS. tions from local educational agencies or schools plan described in paragraph (3)(A). In this Act: requesting waivers of— (C) APPROVAL.—A State educational agency (1) LOCAL EDUCATIONAL AGENCY; STATE EDU- (I) Federal statutory or regulatory require- shall not approve an application for a waiver CATIONAL AGENCY.—The terms ‘‘local edu- ments as described in paragraph (1)(A); and under this paragraph unless— cational agency’’ and ‘‘State educational agen- (II) State statutory or regulatory requirements (i) the local educational agency or school re- cy’’ have the meanings given such terms in sec- relating to education; questing such waiver has developed a local re- tion 14101 of the Elementary and Secondary (ii) a detailed description of the State statu- form plan that is applicable to such agency or Education Act of 1965. tory and regulatory requirements relating to school, respectively; and (2) OUTLYING AREA.—The term ‘‘outlying education that the State educational agency (ii) the waiver of Federal statutory or regu- area’’ means Guam, American Samoa, the will waive; latory requirements as described in paragraph United States Virgin Islands, the Common- (iii) a description of how the educational (1)(A) will assist the local educational agency or wealth of the Northern Mariana Islands, the flexibility plan is consistent with and will assist school in reaching its educational goals, par- Republic of Palau, the Republic of the Marshall in implementing the State comprehensive reform ticularly goals with respect to school and stu- Islands, and the Federated States of Micronesia. plan or, if a State does not have a comprehen- dent performance. (3) SECRETARY.—The term ‘‘Secretary’’ means sive reform plan, a description of how the edu- (5) MONITORING AND PERFORMANCE REVIEW.— the Secretary of Education. cational flexibility plan is coordinated with ac- (A) MONITORING.—Each State educational (4) STATE.—The term ‘‘State’’ means each of tivities described in section 1111(b) of the Ele- agency participating in the program under this the 50 States, the District of Columbia, the Com- mentary and Secondary Education Act of 1965; section shall annually monitor the activities of monwealth of Puerto Rico, and each outlying (iv) a description of how the State educational local educational agencies and schools receiving area. agency will meet the requirements of paragraph waivers under this section and shall submit an (8); and SEC. 4. EDUCATION FLEXIBILITY PARTNERSHIP. annual report regarding such monitoring to the (v) a description of how the State educational Secretary. (a) EDUCATION FLEXIBILITY PROGRAM.— agency will evaluate, (consistent with the re- (1) PROGRAM AUTHORIZED.— (B) PERFORMANCE REVIEW.—The State edu- quirements of title I of the Elementary and Sec- cational agency shall annually review the per- (A) IN GENERAL.—The Secretary may carry ondary Education Act of 1965), the performance out an education flexibility program under formance of any local educational agency or of students in the schools and local educational school granted a waiver of Federal statutory or which the Secretary authorizes a State edu- agencies affected by the waivers. cational agency that serves an eligible State to regulatory requirements as described in para- (B) APPROVAL AND CONSIDERATIONS.—The graph (1)(A) in accordance with the evaluation waive statutory or regulatory requirements ap- Secretary may approve an application described plicable to 1 or more programs or Acts described requirement described in paragraph (3)(A)(v), in subparagraph (A) only if the Secretary deter- and shall terminate any waiver granted to the in subsection (b), other than requirements de- mines that such application demonstrates sub- scribed in subsection (c), for any local edu- local educational agency or school if the State stantial promise of assisting the State edu- educational agency determines, after notice and cational agency or school within the State. cational agency and affected local educational (B) DESIGNATION.—Each eligible State partici- opportunity for hearing, that the local edu- agencies and schools within the State in car- cational agency or school’s performance with re- pating in the program described in subpara- rying out comprehensive educational reform, graph (A) shall be known as an ‘‘Ed-Flex Part- spect to meeting the accountability requirement after considering— described in paragraph (2)(B) and the goals de- nership State’’. (i) the eligibility of the State as described in scribed in paragraph (4)(A)(iii) has been inad- (2) ELIGIBLE STATE.—For the purpose of this paragraph (2); equate to justify continuation of such waiver. subsection the term ‘‘eligible State’’ means a (ii) the comprehensiveness and quality of the (6) DURATION OF FEDERAL WAIVERS.— State that— educational flexibility plan described in sub- (A) IN GENERAL.—The Secretary shall not ap- (A)(i) has— paragraph (A); prove the application of a State educational (I) developed and implemented the chal- (iii) the ability of such plan to ensure ac- agency under paragraph (3) for a period exceed- lenging State content standards, challenging countability for the activities and goals de- ing 5 years, except that the Secretary may ex- State student performance standards, and scribed in such plan; aligned assessments described in section 1111(b) (iv) the significance of the State statutory or tend such period if the Secretary determines of the Elementary and Secondary Education Act regulatory requirements relating to education that such agency’s authority to grant waivers of 1965, including the requirements of that sec- that will be waived; and has been effective in enabling such State or af- tion relating to disaggregation of data, and for (v) the quality of the State educational agen- fected local educational agencies or schools to which local educational agencies in the State cy’s process for approving applications for waiv- carry out their local reform plans and to con- are producing the individual school performance ers of Federal statutory or regulatory require- tinue to meet the accountability requirement de- profiles required by section 1116(a) of such Act; ments as described in paragraph (1)(A) and for scribed in subsection (a)(2)(B), and has im- or monitoring and evaluating the results of such proved student performance. (II) made substantial progress, as determined waivers. (B) PERFORMANCE REVIEW.—The Secretary by the Secretary, toward developing and imple- (4) LOCAL APPLICATION.— shall periodically review the performance of any menting the standards and assessments, and to- (A) IN GENERAL.—Each local educational State educational agency granting waivers of ward having local educational agencies in the agency or school requesting a waiver of a Fed- Federal statutory or regulatory requirements as State produce the profiles, described in sub- eral statutory or regulatory requirement as de- described in paragraph (1)(A) and shall termi- clause (I); and scribed in paragraph (1)(A) and any relevant nate such agency’s authority to grant such (ii) holds local educational agencies and State statutory or regulatory requirement from a waivers if the Secretary determines, after notice schools accountable for meeting educational State educational agency shall submit an appli- and opportunity for hearing, that such agency’s goals and for engaging in the technical assist- cation to the State educational agency at such performance has been inadequate to justify con- ance and corrective actions consistent with sec- time, in such manner, and containing such in- tinuation of such authority. tion 1116 of the Elementary and Secondary Edu- formation as the State educational agency may (7) AUTHORITY TO ISSUE WAIVERS.—Notwith- cation Act of 1965, for the local educational reasonably require. Each such application standing any other provision of law, the Sec- agencies and schools that do not make adequate shall— retary is authorized to carry out the education yearly progress as described in section 1111(b) of (i) indicate each Federal program affected and flexibility program under this subsection for that Act; and the statutory or regulatory requirement that will each of the fiscal years 2000 through 2004. (B) waives State statutory or regulatory re- be waived; (8) PUBLIC NOTICE AND COMMENT.—Each State quirements relating to education while holding (ii) describe the purposes and overall expected educational agency granted waiver authority local educational agencies or schools within the results of waiving each such requirement; under this section and each local educational State that are affected by such waivers account- (iii) describe for each school year specific, agency receiving a waiver under this section able for the performance of the students who are measurable, and educational goals for each shall provide the public adequate and efficient affected by such waivers. local educational agency or school affected by notice of the proposed waiver authority or waiv- (3) STATE APPLICATION.— the proposed waiver; er, consisting of a description of the agency’s (A) IN GENERAL.—Each State educational (iv) explain why the waiver will assist the application for the proposed waiver authority or agency desiring to participate in the education local educational agency or school in reaching waiver in a widely read or distributed medium, flexibility program under this section shall sub- such goals; and shall provide the opportunity for parents, edu- mit an application to the Secretary at such time, (v) in the case of an application from a local cators, and all other interested members of the in such manner, and containing such informa- educational agency, describe how the local edu- community to comment regarding the proposed

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waiver authority or waiver, shall provide that ister and the Secretary shall provide for the dis- (b) AMENDMENT.—Section 307 of the Depart- opportunity in accordance with any applicable semination of such notice to State educational ment of Education Appropriations Act, 1999, is State law specifying how the comments may be agencies, interested parties, including edu- amended by adding after subsection (g) the fol- received, and shall submit the comments re- cators, parents, students, advocacy and civil lowing: ceived with the agency’s application to the Sec- rights organizations, other interested parties, ‘‘(h) Notwithstanding subsections (b)(2), and retary or the State educational agency, as ap- and the public. (c) through (g), a local educational agency may propriate. SEC. 5. PROGRESS REPORTS. use funds received under this section to carry (b) INCLUDED PROGRAMS.—The statutory or The Secretary, not later than 1 year after the out activities under part B of the Individuals regulatory requirements referred to in subsection date of enactment of this Act and biennially with Disabilities Education Act (20 U.S.C. 1411 (a)(1)(A) are any such requirements under the thereafter, shall submit to Congress a report et seq.) in accordance with the requirements of following programs or Acts: that describes— such part.’’. (1) Title I of the Elementary and Secondary (1) the Federal statutory and regulatory re- SEC. 10. ADDITIONAL AUTHORIZATION OF APPRO- Education Act of 1965 (other than subsections quirements for which waiver authority is grant- PRIATIONS. (a) and (c) of section 1116 of such Act). ed to State educational agencies under this Act; In addition to other funds authorized to be (2) Part B of title II of the Elementary and (2) the State statutory and regulatory require- appropriated to carry out part B of the Individ- Secondary Education Act of 1965. ments that are waived by State educational uals with Disabilities Education Act (20 U.S.C. (3) Subpart 2 of part A of title III of the Ele- agencies under this Act; 1411 et seq.), there are authorized to be appro- mentary and Secondary Education Act of 1965 (3) the effect of the waivers upon implementa- priated $600,000,000 to carry out such part. (other than section 3136 of such Act). tion of State and local educational reforms; and SEC. 11. FLEXIBILITY TO DEVELOP PROGRAMS TO (4) Title IV of the Elementary and Secondary (4) the performance of students affected by the REDUCE SOCIAL PROMOTION AND Education Act of 1965. waivers. ESTABLISH SCHOOL ACCOUNT- (5) Title VI of the Elementary and Secondary SEC. 6. FLEXIBILITY TO DESIGN CLASS SIZE RE- ABILITY PROCEDURES. Education Act of 1965. DUCTION PROGRAMS. (a) FINDINGS.—Congress finds that if part B of (6) Part C of title VII of the Elementary and (a) FINDINGS.—Congress finds that if part B of the Individuals with Disabilities Education Act Secondary Education Act of 1965. the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.) were fully funded, local (7) The Carl D. Perkins Vocational and Tech- (20 U.S.C. 1411 et seq.) were fully funded, local educational agencies and schools would have nical Education Act of 1998. educational agencies and schools would have the flexibility in their budgets to develop pro- (c) WAIVERS NOT AUTHORIZED.—The Secretary the flexibility in their budgets to design class grams to reduce social promotion, establish and the State educational agency may not size reduction programs, or any other programs school accountability procedures, or any other waive any statutory or regulatory requirement deemed appropriate by the local educational programs deemed appropriate by the local edu- of the programs or Acts authorized to be waived agencies and schools that best address their cational agencies and schools, that best address under subsection (a)(1)(A)— unique community needs and improve student their unique community needs and improve stu- (1) relating to— performance. dent performance. (A) maintenance of effort; (b) AMENDMENT.—Section 307 of the Depart- (b) AMENDMENT.—Section 307 of the Depart- (B) comparability of services; ment of Education Appropriations Act, 1999, is ment of Education Appropriations Act, 1999, is (C) the equitable participation of students and amended by adding after subsection (g) the fol- amended by adding after subsection (g) the fol- professional staff in private schools; lowing: lowing: (D) parental participation and involvement; ‘‘(h) Notwithstanding subsections (b)(2), and ‘‘(h) Notwithstanding subsections (b)(2), and (E) the distribution of funds to States or to (c) through (g), a local educational agency may (c) through (g), a local educational agency may local educational agencies; use funds received under this section to carry use funds received under this section to carry (F) serving eligible school attendance areas in out activities under part B of the Individuals out activities under part B of the Individuals rank order under section 1113(a)(3) of the Ele- with Disabilities Education Act (20 U.S.C. 1411 with Disabilities Education Act (20 U.S.C. 1411 mentary and Secondary Education Act of 1965; et seq.) in accordance with the requirements of et seq.) in accordance with the requirements of (G) use of Federal funds to supplement, not such part.’’. such part.’’. supplant, non-Federal funds; and SEC. 7. FLEXIBILITY TO DEVELOP DROPOUT PRE- SEC. 12. ALTERNATIVE EDUCATIONAL SETTING. (H) applicable civil rights requirements; and VENTION PROGRAMS. (a) IN GENERAL.—Section 615(k)(1)(A)(ii)(I) of (2) unless the underlying purposes of the stat- (a) FINDINGS.—Congress finds that if part B of the Individuals with Disabilities Education Act utory requirements of each program or Act for the Individuals with Disabilities Education Act (20 U.S.C. 1415(k)(1)(A)(ii)(I)) is amended to which a waiver is granted continue to be met to (20 U.S.C. 1411 et seq.) were fully funded, local read as follows: the satisfaction of the Secretary. educational agencies and schools would have ‘‘(I) the child carries or possesses a weapon to (d) CONTINUING ELIGIBILITY.— the flexibility in their budgets to develop drop- or at school, on school premises, or to or at a (1) IN GENERAL.—Each State educational out prevention programs, or any other programs school function under the jurisdiction of a State agency that is granted waiver authority under deemed appropriate by the local educational or a local educational agency; or’’. the provisions of law described in paragraph (2) agencies and schools, that best address their (b) APPLICATION.—The amendment made by shall be eligible to continue the waiver author- unique community needs and improve student subsection (a) shall apply to conduct occurring ity under the terms and conditions of the provi- performance. not earlier than the date of enactment of this sions of law as the provisions of law are in ef- (b) AMENDMENT.—Section 307 of the Depart- Act. fect on the date of enactment of this Act. ment of Education Appropriations Act, 1999, is SEC. 13. FURTHER AUTHORIZATION OF APPRO- (2) PROVISIONS OF LAW.—The provisions of amended by adding after subsection (g) the fol- PRIATIONS. law referred to in paragraph (1) are as follows: lowing: In addition to other funds authorized to be (A) Section 311(e) of the Goals 2000: Educate ‘‘(h) Notwithstanding subsections (b)(2), and appropriated to carry out part B of the Individ- America Act. (c) through (g), a local educational agency may uals with Disabilities Education Act (20 U.S.C. (B) The proviso referring to such section use funds received under this section to carry 1411 et seq.), there are authorized to be appro- 311(e) under the heading ‘‘EDUCATION RE- out activities under part B of the Individuals priated $500,000,000 to carry out such part. FORM’’ in the Department of Education Appro- with Disabilities Education Act (20 U.S.C. 1411 Mr. JEFFORDS. Mr. President, I priations Act, 1996 (Public Law 104–134; 110 et seq.) in accordance with the requirements of move to reconsider the vote, and I Stat. 1321–229). such part.’’. move to lay that motion on the table. (e) ACCOUNTABILITY.—In deciding whether to SEC. 8. AUTHORIZATION OF APPROPRIATIONS. The motion to lay on the table was In addition to other funds authorized to be extend a request for a State educational agen- agreed to. cy’s authority to issue waivers under this sec- appropriated to carry out part B of the Individ- tion, the Secretary shall review the progress of uals with Disabilities Education Act (20 U.S.C. Mr. WYDEN addressed the Chair. the State education agency, local educational 1411 et seq.), there are authorized to be appro- The PRESIDING OFFICER. The Sen- agency, or school affected by such waiver or au- priated $150,000,000 to carry out such part. ator from Oregon. thority to determine if such agency or school SEC. 9. FLEXIBILITY TO DEVELOP AFTERSCHOOL Mr. WYDEN. Thank you, Mr. Presi- has made progress toward achieving the desired PROGRAMS. dent. results and goals described in the application (a) FINDINGS.—Congress finds that if part B of Mr. President, as an Oregonian, I am submitted pursuant to clauses (ii) and (iii) of the Individuals with Disabilities Education Act especially proud this evening that a subsection (a)(4)(A), respectively. (20 U.S.C. 1411 et seq.) were fully funded, local program that began in my home (f) PUBLICATION.—A notice of the Secretary’s educational agencies and schools would have State—we were the first to get an Ed- decision to authorize State educational agencies the flexibility in their budgets to develop after- to issue waivers under this section, including a school programs, or any other programs deemed Flex waiver—on the basis of this vote description of the rationale the Secretary used appropriate by the local educational agencies in the U.S. Senate, this program that to approve applications under subsection and schools, that best address their unique com- began in my State is going to be ex- (a)(3)(B), shall be published in the Federal Reg- munity needs and improve student performance. panded across the country.

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.001 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4217 I would like to spend just a couple of ought to be done in the State of the Mr. JEFFORDS. Mr. President, I minutes of the Senate’s time this majority leader, the State of Mis- want to say thank you to the Senator evening, and first begin by thanking sissippi.’’ That doesn’t make sense. from Oregon, because without him we my colleagues who put so much effort We ought to hold school districts ac- would have had a much more difficult into this. countable. But we also ought to give time. It was bipartisan from the start, Senator FRIST is here this evening. them the freedom to be innovative and and it ended up very bipartisan. We He and I have been living and breath- creative and make those dollars ended up, I think, with a 98 to 1 vote. ing this legislation for well over a year. stretch so that we can serve more poor Also, Mr. FRIST, I am going to use 30 I think it is worth noting that this schoolchildren. seconds, and then allow those who wish began in the Senate Budget Com- The fact of the matter is that there to speak longer to do so. mittee. Senator DOMENICI worked on a is a school very close to the U.S. Cap- I want to express my particular grat- bipartisan basis with a number of us. itol that has cut class size in half with itude to all the members of the Health, And this legislation began with hear- Ed-Flex using existing dollars. They Education, Labor, and Pensions Com- ings in the Senate Budget Committee. didn’t spend $1 more, not one, and they mittee, who have worked especially I thank the Senator from Tennessee cut class size in half. hard on this legislation. I very much for the opportunity to work with him. In my home State of Oregon, in one value the time, effort, and commit- I also see Senator JEFFORDS here. He rural district, the poor kids weren’t ment they have brought to this task. was especially gracious to me this able to get advanced computing, be- I would also like to acknowledge the afternoon. He pointed out that from cause their school district didn’t have two sponsors of the Ed-Flex bill, Sen- time to time it felt a little lonely on the technology and they didn’t have ators FRIST and WYDEN. It is in large their side. But I want to assure him the instructors. There was a commu- part due to their dedication and com- that I think that this is truly bipar- nity college close by with Ed-Flex. mitment that we were able to pass this tisan. Without any additional expenses to the bill with such overwhelming bipartisan Senator DASCHLE every step of the taxpayers, those kids could go to the support. way was enormously supportive in this community college and get the skills Finally, I would like to extend my legislation. I thank Senator KENNEDY. they needed. Again, we see a concrete sincerest thanks to the many staff peo- He had to leave this evening. But he example of how with just a little bit of ple who contributed to the passage of worked very closely with us, especially flexibility we can better serve the poor this important Ed-Flex legislation: on the accountability provision. kids of this country. Sherry Kaiman, Mark Powden, Jenny Now, shortly after dealing with the We were on the floor of the U.S. Sen- Smulson, Heidi Scheuermann and impeachment matter, the Senate can ate, I guess, for the better part of 2 Susan Hattan of my staff; show that we have dealt with the pre- weeks dealing with Ed-Flex, and not Townsend Lange and Denzel McGuire mier domestic issue of our day—the one single example of abuse was ever with Senator GREGG; premier domestic issue of our day— shown on the floor of the Senate—not Lori Meyer, Meredith Medley, and education, in a bipartisan fashion. It is one. But there were plenty of examples Gus Puryear with Senator FRIST; always possible in the Senate and just of how this program worked. I just Paul Palagyi with Senator DEWINE; about anywhere else to find something cited one close by the Capitol that cut Chad Calvert with Senator ENZI: Holly on which to disagree. The Senate ulti- class size in half. In Texas, the scores Kuzmich with Senator HUTCHINSON; Ju- mately resisted that proposition, and went up with better use of technology. lian Hayes with Senator COLLINS; we went forward with something we From one end of the country to the Cherie Harder with Senator could agree on, which is the principle other, we see how this program has BROWNBACK; Jim Brown with Senator that you ought to squeeze every dollar worked. HAGEL; and Jim Hirni with Senator of value out of the Federal budget for I know that my colleagues wish to SESSIONS. education in order to help the kids, to speak tonight on this issue. But I just I also want to acknowledge the ex- help them raise their scholastic per- wanted to take a minute or two to talk traordinary assistance offered by Mark formance, to deal with the issues that about why I think this is a particularly Sigurski with Senate Legislative Coun- were debated on the floor of the U.S. good day for the U.S. Senate. There is sel, and Wayne Riddle with the Con- Senate. no issue more important than this. gressional Research Service. I think my only regret is that to I see the majority leader is here. I Mr. President, I also thank all of the some extent in the last hours of this want to express my thanks to him, and staff here who have worked so many discussion it became a debate about to TOM DASCHLE. hours to expeditiously pass this legisla- whether you are for more resources for The fact is that this important legis- tion. education or whether you are for more lation could have blown up 15 or 20 Mr. President, I yield the floor. efficiently allocating the dollars that times in the last few days. And Tom Mr. FRIST addressed the Chair. are currently obligated. I think that is DASCHLE and TRENT LOTT said that this The PRESIDING OFFICER. The Sen- a false choice. was too important to let that happen. ator from Tennessee. I happen to believe that we are going Senator KENNEDY and Senator JEF- Mr. FRIST. Mr. President, I, too, will to need some additional resources for FORDS hung in there as well, with Sen- be very brief. the key education areas. We want our ator FRIST, who constantly came to the I believe that today has been almost young people to get a good quality edu- floor and just appealed to let this bi- a momentous day, and a very impor- cation so they will be ready for the partisan idea, which every Governor in tant day to set the stage, I believe, for high-skill, high-wage jobs of tomorrow. the country wants, to go forward. We the way, the manner, and the spirit in But the single best way to go to the were able to get it done. which I hope to see a lot of legislation taxpayers when additional resources I suspect the conference on this legis- be addressed over the coming months are needed is to show the taxpayers lation will not be for the fainthearted. in the remainder of this Congress. that you are efficiently spending the There are certainly differences of opin- We started off with a bill that origi- dollars that are currently obligated. ion on a number of the issues. nated out of really a town meeting for- That is why Ed-Flex is so important. But this is a very good day for the mat where we have had people come All across the country we saw that U.S. Senate, and a good day for Amer- and testify on the task force, and listen without Ed-Flex what you have is sort ican families, because we have shown very carefully. People came forward, of a ‘‘one-size-fits-all’’ approach to edu- that we could tackle important issues. and said, ‘‘We have a program that cation. Folks inside the beltway will Mr. President, I yield the floor. works.’’ say, ‘‘Well, what works in Coos Bay, Mr. JEFFORDS addressed the Chair. To be honest with you, 2 years ago I OR, is what we ought to do in the The PRESIDING OFFICER. The Sen- didn’t know what Ed-Flex was. But Bronx, and what works in the Bronx ator from Vermont. somebody came forward, and said in a

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community, as my colleague has just Senator JEFFORDS, the chairman, It accomplishes much in a way that I pointed out, that this program works. who has literally been in the Chamber think will really set that track for the We fulfilled exactly what the Federal every day for the last 7 days, does have next several months as we consider mandate was, and what the Federal in- the patience of Job going through this, other legislation. We do have a fresh tention was. We took the appropriate looking at every bill and every word start for education. It is a first step. It funding—the Federal dollars that came that comes forward with a response. does not address all the problems, all down. But what the Federal Govern- And I just want to express my appre- the challenges in education, but it is a ment allowed us to do through a waiver ciation because he ushered this thing major first step. was to participate through Ed-Flex to through in a very direct way and really I yield the floor. accomplish that stated goal of ful- put in both the time and the effort. He Mr. DOMENICI addressed the Chair. filling the intent of Congress, but in a is the leader on our side in education. The PRESIDING OFFICER. The Sen- way that we knew was best for us based We cited again and again the number of ator from New Mexico. on our local circumstances. bills passed last year under his leader- (The remarks of Mr. DOMENICI per- Not everybody needs a computer, not ship as chairman of the former Labor, taining to the introduction of S. 595 are everybody needs tutoring, not every- Health and Education Committee. Cur- located in today’s record under ‘‘State- body needs kindergarten, not every- rently, he is examining all public edu- ments on Introduced Bills and Joint body needs an extra teacher, but that cation, K through 12, through the Ele- Resolutions.’’) varies from community to community, mentary and Secondary Education Act. Mr. LOTT. Mr. President, I see the and the beauty of that is we took that I have the privilege of working on that Senator from Pennsylvania may wish idea, we discussed it, we developed leg- committee with him and his wonderful to make a statement in a moment also, islation, we passed it through the com- staff who have been at his side. Mark but if I could just do a couple of things mittee last year, but we ran out of Powden, Susan Hattan and Sherry here. time last year. It was brought to the Kaiman really all deserve our gratitude First, before the Senators leave the floor. It was one of the first major bills for their tremendous work over the Chamber, the Senator from Tennessee brought to this body, and after 7 days last several days. and the Senator from Oregon, I want to of intense debate, a lot of negotiation, I am not going to list all the staff, again thank them for their effort. It we passed the bill here 10 minutes ago. but Senator GREGG, again, from whom was bipartisan because the Senator It is a momentous day also because we have heard so much about special from Oregon, Mr WYDEN, made it so, the House passed a very similar bill, al- education; Senator LOTT, who needs to stayed in there, worked with us, but I most an identical bill, about 6 hours be thanked because it would have been particularly wish to thank the Senator ago. And that means, because in a bi- very easy after 3 or 4 days, when it from Tennessee, Mr. FRIST, the doctor, partisan way, in a bicameral way, looked as if gridlock—it was gridlock, who gave us an education. He took us meaning both the House and Senate, in but he, with the Democratic leader, to school. He used apples and informa- a Federal, State and local way, mean- agreed to keep this bill in the Chamber tion and examples. He acted like a good ing we worked very closely with the so we could address those issues, and teacher should. I congratulate him for Governors, together we were able to that is what the American people ex- that. He even showed us how you could pass legislation which, once it is signed pect. We addressed it with very good, use a scalpel to cut the redtape, and by the President, can inure to the ben- very strong debate, sometimes too that is what this Ed-Flex bill will do. efit of millions of children within 6 strong maybe, but we were able to So to the two Senators, I thank them months or 8 months—millions of chil- work it out. And that bipartisanship in for their leadership, for their work, for dren. And that is nice. That is what coming together, again, is what the their persistence because they both people expect Government to do; American people expect. I thank the have been heckling me about this bill produce in a spirit, in an environment majority leader for allowing us to for a year, and I am glad it is done. I where you can work together to accom- bring this to a resolution, to comple- congratulate them for their effort. tion, to a product that we know will plish the goals that we all care about. f A lot of people should be thanked, benefit, as I said, millions of children and again most of those names will be in the short term as well as the longer NATIONAL MISSILE DEFENSE ACT made a part of the RECORD, but I do term. OF 1999 want to recognize the coauthor and co- I have to just briefly mention the Mr. LOTT. Mr. President, I ask unan- sponsor of this particular bill, Senator Governors because it has been a fan- imous consent the Senate now turn to WYDEN, who just had the floor. tastic relationship for me over the last S. 257, the Missile Defense Act. Again, this is a bipartisan bill. Both month in that at least every day we, a The PRESIDING OFFICER. The of us knew what our goals were. We Federal body, the Congress, the Senate, clerk will report. worked very hard on both sides. I ap- were in touch with all of our Gov- The assistant legislative clerk read preciate his support, his collegiality as ernors, Democrat and Republican. I as follows: we addressed these issues. have talked to as many Democrat Gov- A bill (S. 257) to state the policy of the As is so often the case, what we have ernors as I have Republican, and Amer- United States regarding the deployment of a accomplished in large part is as a re- ica doesn’t see that sort of interaction, missile defense system capable of defending sult of the work of many staff mem- but I think it is important for people the territory of the United States against bers, and I do want to take this oppor- to hear because so many problems, limited ballistic missile attack. tunity to thank the staff who were whether they be welfare, health care, There being no objection, the Senate most immediately involved over the or education, demand that constant di- proceeded to consider the bill. last year and a half. My own staff of alog and discussion about what we do Mr. LOTT. Mr. President, for the in- Meredith Medley, Lori Meyer and Gus here at the Federal level, at the State formation of all Senators, then, the Puryear have literally been here with level, as well as the local level. Senate will be able to have the initial other staff members until early hours Senator VOINOVICH, who is new to statement by Senator COCHRAN, the of the morning each night. this body but a former Governor, spear- manager, tonight. We will resume the Again, most everybody has been rec- headed much of that. Governors Carper missile defense bill on Monday, and it ognized already, but I am going to take of Delaware, Ridge of Pennsylvania, is our hope that an agreement can be the liberty of going ahead and verbally Leavitt of Utah, O’Bannon of Indiana, reached on a time agreement and that mentioning them. Lindsay Rosenberg and House Members Castle and Roemer amendments will be offered during of Senator WYDEN’s staff has been all played a major role and were sig- Monday’s session. somebody whom my staff has enjoyed nificant participants in what we have I urge that Members be present on and I personally have enjoyed working accomplished today. Monday to make their statements on with in this process as we have gone With that, I think I will stop. I am this legislation and to offer amend- through it. very excited about this particular bill. ments, if they have them. This is a

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.001 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4219 very important defense initiative. I am ors; and to distract Washington State company. When he answers this one, he pleased that we are going to be able to voters from the administration’s true is either silent or he attacks and then go straight to the bill, and I hope that agenda for the Pacific Northwest. attempts to evade the question. within short order next week we will be The Vice President’s visits to Wash- Here is a recent example of the Vice able to get to the conclusion of this ington State are nothing new, but re- President’s verbal dance when it comes very important national defense issue. cently the administration, of which he to the issue of protecting Microsoft: I yield the floor. is a vital leader, has chosen to adopt Last week, I admonished the adminis- The PRESIDING OFFICER. The Sen- policies that pose a threat to the con- tration for its assault on that com- ator from Mississippi. tinued vitality of our economy. Those pany. In responding to my statement, Mr. COCHRAN. Mr. President, let me policies are aimed at the destruction of the Vice President’s spokeswoman said thank the distinguished majority lead- two of Washington State’s economic that I am ‘‘suffering from a Y2K bug’’ er for calling up the national missile crown jewels: our hydropower system and have forgotten all the wonderful defense bill and also compliment the and Microsoft. things AL GORE has done for Wash- Democratic leader for refraining from During the past year, I have wel- ington State. Specifically, the spokes- objecting to proceeding to consider this comed the Vice President to Wash- woman cited hundreds of thousands of bill at this time. ington State by repeatedly asking him new jobs, higher home ownership rates Senators may remember that this is two questions: The first, Will you com- and lower welfare rolls, as if he were the bill that was brought up on two oc- mit to the preservation of each of the responsible for them. casions during the last session of the dams on the Columbia and Snake Riv- There was no answer to the central Senate and objections were made to ers unless Congress or the people of the question—will you work to end the suit considering the bill, a motion to pro- Northwest agree to the removal of each against Microsoft? ceed to consider the bill was filed, and or all of them? The second question: There was another troubling side to then it was necessary to file a cloture Mr. Vice President, if you are elected this statement. The Vice President, of motion to shut off debate to get to the President, will you end the Justice De- course, was attempting to take credit bill. On both of those occasions we fell partment’s suit against Microsoft? for the booming economy in the State one vote short of invoking cloture on At first, these questions were an- that I represent. He should understand the motion to proceed to consider the swered with silence. Now the Vice that that success comes from the hun- bill. So this Senate has agreed to take President answers them with personal dreds of thousands of hard-working up this legislation without objection. attacks. Whether it is silence or per- Washingtonians, plus Microsoft and the This is progress, and we are very proud sonal attacks, the Vice President amazing group of entrepreneurs who to see this momentum to address this makes clear that he does not intend to have developed new and better sys- issue that is so important for the na- answer these two questions so funda- tems, plus our natural resources, not tional security interests of the United mental to every family and community the least of which is our low-cost elec- States. in the Northwest. These questions de- tricity, or all of the smaller high-tech For the information of Senators, the serve and should receive straight an- companies that have sprung up over- operative part of this legislation is swers from the Vice President, and I night. This success does not come from simply a statement of policy as fol- will continue to ask them until the the Vice President. lows: Vice President does so. As to the specifics of the Justice De- It is the policy of the United States to de- His silence, of course, is eloquent. partment’s case against Microsoft, the ploy as soon as is technologically possible an Vice President GORE’s administration so-called high-tech Vice President says effective National Missile Defense system ca- is responsible for the Microsoft lawsuit he will not comment on or involve him- pable of defending the territory of the United and for a flatout refusal to subject dam self in the Justice Department’s case States against limited ballistic missile at- removal either to congressional au- against the company. Can we believe tack (whether accidental, unauthorized, or thority or to the consent of the people that as the administration’s point man deliberate). of the Northwest. What is most illu- on high-tech issues, he has no opinion I look forward to discussing ques- minating is that the Vice President’s whatsoever on the highest profile high- tions that Senators might pose about silence and personal attacks in re- tech issue before his administration— this bill when we reconvene on Mon- sponse to these questions about dams the future of Microsoft? I do not be- day. The Armed Services Committee and Microsoft run counter to positions lieve it, nor does anyone else. has considered it and reported it out taken by top Democratic officeholders To claim that he is not involved in without amendment, and we are ready in Washington State. When it comes to an action spearheaded by his own ad- to proceed to consider the bill. We look protecting dams on the Columbia ministration is unbelievable. When the forward to discussing this important River, our Democratic Governor and Vice President continually refuses to issue. Democratic U.S. Senator, two of the answer the question of whether or not f most powerful Democrats in Wash- he supports this attack, he has not ington State, have already publicly op- been straight with the people of the MORNING BUSINESS posed efforts by national environ- State of Washington. Mr. COCHRAN. Mr. President, I ask mental organizations to take out dams. There is a simple answer to the unanimous consent that the Senate But the Vice President is silent. Microsoft question. The answer is for now have a period of morning business Last week I suggested that he had a the Vice President to tell us that if he with Senators permitted to speak for political motive. That is my opinion, is elected President, he will stop the up to 10 minutes each. but, frankly, it doesn’t matter why he Justice Department’s pursuit of Micro- The PRESIDING OFFICER. Without pursues policies to dismantle our hydro soft. We Washingtonians are 3,000 miles objection, it is so ordered. system without being willing to say so away from the center of AL GORE’s uni- f openly. What matters is whether he verse, but we know only too well that will make his position clear. So who the actions of this administration can ASSAULT ON WASHINGTON loses out on the equation? The people have a long and detrimental impact on STATE’S CROWN JEWELS of Washington State, of course. And our economy, our way of life and on Mr. GORTON. Mr. President, over the then there is Microsoft. our future. We deserve more from the past few years, Vice President AL GORE The good news is that most Demo- Vice President than silence, distrac- has made a series of trips to my home crats in Washington State have come tion and personal attacks. State of Washington. His goals on forward to defend Microsoft’s freedom We will remember his silence on what these trips are simple: to raise money to innovate, but the Vice President are perhaps the most important Fed- for his political campaigns; to recruit won’t stand with his fellow Democrats eral public policy questions to face our supporters for his Presidential endeav- in Washington State in support of the State in years. We will remember his

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.001 S11MR9 4220 CONGRESSIONAL RECORD—SENATE March 11, 1999 evasive comments. We will remember Ten years ago, March 10, 1989, the and second time by unanimous con- his refusal to denounce or even com- federal debt stood at $2,737,909,000,000 sent, and referred as indicated: ment on the antitrust case against (Two trillion, seven hundred thirty- By Mrs. FEINSTEIN: Microsoft and his unwillingness to seven billion, nine hundred nine mil- S. 585. A bill to require health insurance make clear his position on protecting lion) which reflects a debt increase of coverage for certain reconstructive surgery; Columbia and Snake River dams. I almost $3 trillion—$2,914,434,384,711.69 to the Committee on Health, Education, challenge the Vice President again (Two trillion, nine hundred fourteen Labor, and Pensions. By Mr. KOHL (for himself and Mr. SES- today to tell us plainly whether he sup- billion, four hundred thirty-four mil- SIONS): ports this administration’s assault on lion, three hundred eighty-four thou- S. 586. A bill to amend title 11, United two of Washington State’s economic sand, seven hundred eleven dollars and States Code, to limit the value of certain crown jewels. sixty-nine cents) during the past 10 real property that a debtor may elect to ex- Do you, Mr. Vice President, support years. empt under State or local law, and for other the Justice Department’s antitrust ac- purposes; to the Committee on the Judici- f tion against Microsoft or not? And do ary. you, Mr. Vice President, support the ef- MESSAGES FROM THE HOUSE By Mr. ASHCROFT: S. 587. A bill to provide for the mandatory forts by national environmental groups At 12:41 p.m., a message from the to destroy dams on the Columbia and suspension of Federal benefits to convicted House of Representatives, delivered by drug traffickers, and for other purposes; to Snake Rivers or not? Mr. Hanrahan, one of its reading the Committee on the Judiciary. We in the Northwest await the Vice clerks, announced that the House has By Mr. BUNNING: President’s answers, and you can be passed the following bills, in which it S. 588. A bill to amend title II of the Social sure that so long as silence and eva- requests the concurrence of the Senate: Security Act to provide for retirement secu- siveness carry the day, I will continue rity amounts funded by employee social se- to ask these questions. H.R. 540. An act to amend title XIX of the curity payroll deductions, to establish the Social Security Act to prohibit transfers or Protect Social Security Account into which f discharges of residents of nursing facilities the Secretary of the Treasury shall deposit RETIREMENT OF WILLIAM D. as a result of a voluntary withdrawal from budget surpluses until a reform measure is LACKEY, JR. participation in the Medicaid Program. enacted to ensure the long-term solvency of H.R. 800. An act to provide for education Mr. LOTT. Mr. President, on Feb- the OASDI trust funds, and for other pur- flexibility partnerships. poses; to the Committee on Finance. ruary 28, 1999, the Senate said farewell The message also announced that the By Mr. HARKIN: to a valuable employee. William D. House had passed the following bill, S. 589. A bill to require the National Park ‘‘Bill’’ Lackey, Jr., Journal Clerk of without amendment: Service to undertake a study of the Loess the Senate, retired after 341⁄2 years of Hills area in western Iowa to review options S. 447. An act to deem as timely filed, and service to the Senate. for the protection and interpretation of the process for payment, the applications sub- area’s natural, cultural, and historical re- Bill arrived at the Senate’s doorstep mitted by the Dodson Districts for certain sources; to the Committee on Energy and on September 1, 1964, from North Caro- Impact Aid payments for fiscal year 1999. lina. He served the Senate in a number Natural Resources. ENROLLED BILL SIGNED of important capacities, including As- By Mr. FEINGOLD (for himself and Mr. The message further announced that LEAHY): sistant Executive Clerk, Bill Clerk, As- S. 590. A bill to amend the Internal Rev- sistant Parliamentarian, Assistant the Speaker has signed the following enrolled bill: enue Code of 1986 to repeal the percentage Journal Clerk, and from 1987 to 1999, as depletion allowance for certain hardrock Senate Journal Clerk. During the last H.R. 882. An act to nullify any reservation mines, and for other purposes; to the Com- 12 years, Bill was responsible for the of funds during fiscal year 1999 for guaran- mittee on Finance. teed loans under the Consolidated Farm and production of the Senate Journal. This By Mr. GRASSLEY: Rural Development Act for qualified begging S. 591. A bill to authorize a feasibility role required that he sit at the dias farmers or ranchers, and for other purposes. here on the Senate floor to record the study for the preservation of the Loess Hills f in western Iowa; to the Committee on En- minutes of the Senate’s legislative pro- ergy and Natural Resources. ceedings. His became a very familiar MEASURES REFERRED By Mr. BOND: face to us all. The following bill was read the first S. 592. A bill to improve the health of chil- Bill Lackey has been the source of and second times by unanimous con- dren; to the Committee on Finance. wise and good counsel to many over sent and referred as indicated: By Mr. COVERDELL (for himself, Mr. the years. We commend him for his TORRICELLI, and Mr. ABRAHAM): outstanding service to the Senate and H.R. 540. An act to amend title XIX of the S. 593. A bill to amend the Internal Rev- Social Security Act to prohibit transfers or the Nation, and wish him Godspeed as enue Code of 1986 to increase maximum tax- discharges of residents of nursing facilities able income for the 15 percent rate bracket, he returns to the beloved foothills of as a result of a voluntary withdrawal from to provide a partial exclusion from gross in- his native Shelby, NC. participation in the Medicaid Program; to come for dividends and interest received by f the Committee on Finance. individuals, to provide a long-term capital f gains deduction for individuals, to increase THE VERY BAD DEBT BOXSCORE the traditional IRA contribution limit, and Mr. HELMS. Mr. President, at the MEASURES PLACED ON THE for other purposes; to the Committee on Fi- close of business yesterday, Wednes- CALENDAR nance. day, March 10, 1999, the federal debt By Mrs. FEINSTEIN: The following bills were read the first S. 594. A bill to ban the importation of stood at $5,652,343,384,711.69 (Five tril- and second times and placed on the cal- lion, six hundred fifty-two billion, large capacity ammunition feeding devices; endar: to the Committee on the Judiciary. three hundred forty-three million, H.R. 540. An act to amend title XIX of the By Mr. DOMENICI (for himself and Mr. three hundred eighty-four thousand, Social Security Act to prohibit transfers or INHOFE): seven hundred eleven dollars and sixty- discharges of residents of nursing facilities S. 595. A bill to amend the Internal Rev- nine cents). as a result of a voluntary withdrawal from enue Code of 1986 to establish a graduated re- One year ago, March 10, 1998, the fed- participation in the Medicaid Program. sponse to shrinking domestic oil and gas pro- eral debt stood at $5,525,631,000,000 H.R. 800. An act to provide for education duction and surging foreign oil imports, and (Five trillion, five hundred twenty-five flexibility partnerships. for other purposes; to the Committee on Fi- nance. billion, six hundred thirty-one mil- f By Mrs. BOXER (for herself, Mr. DODD, lion). and Mr. GRAMM): Five years ago, March 10, 1994, the INTRODUCTION OF BILLS AND JOINT RESOLUTIONS S. 596. A bill to provide that the annual federal debt stood at $4,546,801,000,000 drug certification procedures under the For- (Four trillion, five hundred forty-six The following bills and joint resolu- eign Assistance Act of 1961 not apply to cer- billion, eight hundred one million). tions were introduced, read the first tain countries with which the United States

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.001 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4221 has bilateral agreements and other plans re- RECONSTRUCTIVE SURGERY ACT OF 1999 struggles. He was born with a con- lating to counterdrug activities, and for ∑ Mrs. FEINSTEIN. Mr. President, genital birth defect, that is known as a other purposes; to the Committee on Foreign today, I am introducing a bill to re- midline facial cleft. The self-insured Relations. quire health insurance plans to cover plan his parents had only paid for a By Mr. SMITH of New Hampshire (for medically necessary reconstructive himself, Mr. INHOFE, Mr. BURNS, Mr. small portion of the surgery which re- ENZI, and Mr. MURKOWSKI): surgery for congenital defects, develop- constructed his nose. The HMO also re- S. 597. A bill to amend section 922 of chap- mental abnormalities, trauma, infec- fused to pay any part of the surgery ter 44 of title 28, United States Code, to pro- tion, tumors, or disease. that reconstructed his cheekbones and tect the right of citizens under the Second This bill is modeled on a new Cali- eye sockets. The HMO considered some Amendment to the Constitution of the fornia law and responds to the growing of these surgeries to be ‘‘cosmetic.’’ United States; to the Committee on the Ju- incidence of denials of coverage by in- Cigna Health Care denied coverage diciary. surance, often managed care. Despite By Mr. SANTORUM; for surgery to construct an ear for a S, 598. A bill to amend the Federal Agri- physicians’ judgment that surgery is little California girl born without an culture Improvement and Reform Act of 1996 often medically necessary, too many ear and only after adverse press cov- to improve the farmland protection program; plans are labeling it ‘‘cosmetic sur- erage reversed its position saying that, to the Committee on Agriculture, Nutrition, gery.’’ The American Medical News ‘‘It was determined that studies have and Forestry. calls the HMO’s response that these show some functional improvement fol- By Mr. CHAFEE (for himself, Mr. surgeries are cosmetic as, ‘‘a classic lowing surgery.’’ HATCH, Mr. COCHRAN, Ms. SNOWE, Mr. health plan word game. . . .’’ Qual-Med, another California HMO, ROBERTS, Mr. SPECTER, and Ms. COL- Testifying before the California As- denied coverage for reconstructive sur- LINS): sembly Committee on Insurance, Dr. S. 599. A bill to amend the Internal Rev- gery for a little boy without an ear, a enue Code of 1986 to provide additional tax Henry Kawamoto put it well. He said: condition called microtia, and after relief to families to increase the afford- It used to be that if you were born with only many appeals and two years ability of child care, and for other purposes; something deforming, or were in an accident delay, authorized it. to the Committee on Finance. and had bad scars, the surgery performed to fix the problem was considered reconstruc- The bill uses medically-recognized By Mr. WELLSTONE: terms to distinguish between medically S. 600. A bill to combat the crime of inter- tive surgery. Now, insurers of many kinds national trafficking and to protect the rights are calling it cosmetic surgery and refusing necessary surgery and cosmetic sur- of victims; to the Committee on Foreign Re- to pay for it. gery. It defines medically necessary re- lations. The Los Angeles Times reported on constructive surgery as surgery ‘‘per- By Mr. COCHRAN: July 9, 1997, ‘‘There has been a virtual formed to correct or repair abnormal S. 601. A bill to improve the foreign lan- wipeout of coverage to repair the ap- structures of the body caused by con- guage assistance program; to the Committee pearance of children whose looks are genital defects, developmental abnor- on Health, Education, Labor, and Pensions. malities, trauma, infection, tumors, or By Mr. SHELBY (for himself, Mr. affected by illness, congenital abnor- BOND, Mr. COVERDELL, Mr. HAGEL, malities or trauma.’’ disease to (1) improve functions; or (2) Mr. KYL, Mr. BURNS, Mr. GRAMM, Mr. Similarly, the New York University give the patient a normal appearance, ASHCROFT, Mr. THOMAS, Mr. ABRA- Physician reported in their spring 1998 to the extent possible, in the judgment HAM, Mr. GRASSLEY, Mr. HELMS, Mr. issue: of the physician performing the sur- INHOFE, Mr. SESSIONS, Mr. GRAMS, Before the advent of managed care, repair- gery.’’ The bill specifically excludes Mr. COCHRAN, Mr. HUTCHINSON, and ing abnormalites was considered reconstruc- cosmetic surgery, defined as ‘‘surgery Ms. SNOWE): tive surgery and insurance companies reim- that is performed to alter or reshape S. 602. A bill to amend chapter 8 of title 5, bursed for the medical, hospital and surgical normal structures of the body in order United States Code, to provide for congres- costs of their rehabilitation. But in today’s sional review of any rule promulgated by the to improve appearance.’’ reconfigured medical reimbursement system, Examples of conditions for which sur- Internal Revenue Service that increases Fed- many insurance companies and managed eral Revenue, and for other purposes; to the care organizations will not pay for recon- gery might be medically necessary are Committee on Governmental Affairs. struction of facial deformities because it is the following: cleft lips and palates, By Mr. SHELBY: deemed a ‘‘cosmetic’’ and not a ‘‘functional’’ burns, skull deformities, benign tu- S. 603. A bill to promote competition and repair. mors, vascular lesions, missing pec- greater efficiency of airlines to ensure the toral muscles that cause chest deformi- rights of airline passengers, to provide for This bill is endorsed by the March of full disclosure to those passengers, and for Dimes, the American Academy of Pedi- ties, Crouson’s syndrome (failure of the other purposes; to the Committee on Com- atrics, the National Organization for mid-face to develop normally), and in- merce, Science, and Transportation. Rare Disorders, the American Society juries from accidents. f of Plastic and Reconstructive Sur- The American Society of Plastic and geons, the American College of Sur- Reconstructive Surgeons has released a SUBMISSION OF CONCURRENT AND geons, the American Association of Pe- survey on reconstructive surgery, con- SENATE RESOLUTIONS diatric Plastic Surgeons, the American cluding that 53.5 percent of surgeons The following concurrent resolutions Society of Craniofacial Surgery, the surveyed have had pediatric patients and Senate resolutions were read, and American Society of Maxillofacial Sur- who in the last two years were denied referred (or acted upon), as indicated: geons, the American Society of Plastic coverage for reconstructive surgery. Of By Mr. MURKOWSKI (for himself, Mr. and Reconstructive Surgeons and the those same surgeons surveyed whose TORRICELLI, Mr. LOTT, Mr. HELMS, National Foundation for Facial Recon- pediatric patients were totally or par- Mr. THOMAS, Mr. BURNS, Mr. KYL, struction. tially denied coverage, 74 percent had and Mr. ROCKEFELLER): patients denied for initial procedures S. Con. Res. 17. A concurrent resolution The children who face refusals to pay concerning the 20th Anniversary of the Tai- for surgery are the true evidence that and 53 percent denied for subsequent wan Relations Act; to the Committee on this bill is needed. procedures. Foreign Relations. Hanna Gremp, a 6-year old from my Another reason for this bill is that only 17 out of 50 states have state legis- f own state of California, was born with a congenital birth defect, called bilat- lation which requires insurance cov- STATEMENTS ON INTRODUCED eral microtia, the absence of an inner erage for children’s deformities and BILLS AND JOINT RESOLUTIONS ear. Once the first stage of the surgery congenital defects. My own state, Cali- By Mrs. FEINSTEIN: was complete, the Gremp’s HMO denied fornia, passed legislation in 1998 requir- S. 585. A bill to require health insur- the next surgery for Hanna. They ing insurance plans to cover medically ance coverage for certain reconstruc- called the other surgeries ‘‘cosmetic’’ necessary reconstructive surgery, and tive surgery; to the Committee on and not medically necessary. on September 23, 1998 it was signed by Health, Education, Labor, and Pen- Michael Hatfield, a 19-year old from former Governor Pete Wilson. This bill sions. Texas, who has gone through similar was enacted after many sad personal

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.001 S11MR9 4222 CONGRESSIONAL RECORD—SENATE March 11, 1999 stories, and hours of testimony were Mr. President, in the past few years, NO FEDERAL BENEFITS FOR DRUG TRAFFICKERS presented to the state legislators. the ability of debtors to use State ACT OF 1999 This bill is an effort to address yet homestead exemptions has led to fla- Mr. ASHCROFT. Mr. President, the one more development in the health in- grant abuses of the Bankruptcy Code. time for mixed messages in our war surance industry that almost daily is Multimillionaire debtors have moved against drugs has passed. There was a creating new hassles when people try to one of the states with unlimited ex- time when our message on illegal drugs to get coverage for the plan they pay emptions—most often Florida or was crystal clear. ‘‘Just say no.’’ The for every month. Texas—bought multi-million-dollar results of that simple message were We need our body parts to function houses, and continued to live like also clear: The decade of the 1980’s saw and fortunately modern medicine kings even after declaring bankruptcy. substantial and persistent decreases in today often make that happen. We can This shameless manipulation of the the level of drug use, and in the level of restore, repair and make whole parts Bankruptcy Code cheats honest credi- teenage drug use in particular. Sadly, which by fate, accident, genes, or what- tors out of compensation and rewards however, the current Administration ever, do not perform as they should. I only those who can ‘‘game’’ the sys- has offered America and its children a hope this bill can make that happen.∑ tem. Oftentimes, the creditor who is mixed message on drugs. robbed is the American taxpayer. In re- The President himself has shifted the By Mr. KOHL (for himself, and cent years, S&L swindlers, convicted message from ‘‘just say no’’ to ‘‘just Mr. SESSIONS): insider trader convicts, and others don’t inhale.’’ Even the head of the S. 586. A bill to amend title 11, have managed to protect their ill-got- Drug Enforcement Agency candidly has United States Code, to limit the value ten gains through this loophole. admitted that in the current climate of certain real property that a debtor The owner of a failed Ohio S&L, who we lack the will to win the war against may elect to exempt under State or was convicted of securities fraud, wrote drugs. This is intolerable. We must re- local law, and for other purposes to the off most of $300 million in bankruptcy turn to a clear message in the war Committee on the Judiciary. claims, but still held on to the multi- against drugs—a message of zero toler- BANKRUPTCY ABUSE REFORM ACT OF 1999 million dollar ranch he bought in Flor- ance for those who would attempt to Mr. KOHL. Mr. President, I rise ida. A convicted Wall Street financier ruin our children’s lives through the today, with Senator SESSIONS, to intro- filed bankruptcy while owing at least scourge of illegal drugs. The govern- duce the bipartisan Bankruptcy Abuse $50 million in debts and fines, but still ment must speak clearly and unequivo- Reform Act of 1999, legislation which kept his $5 million Florida mansion cally. Trafficking in illegal drugs will addresses a serious problem that with 11 bedrooms and 21 bathrooms. not be tolerated. threatens Americans’ confidence in our And just last year, movie star Burt However, we will not succeed in con- bankruptcy laws. The measure would Reynolds wrote off over $8 million in vincing either drug dealers or our chil- cap at $100,000 the State homestead ex- debt through bankruptcy, but still held dren that we are serious about the war emption that an individual filing for onto his $2.5 million Florida estate. on drugs if we send them mixed mes- personal bankruptcy can claim. It These deadbeats stay wealthy while le- sages. One mixed message sent by cur- passed the Senate last year when it gitimate creditors—including the U.S. rent law is that convicted drug dealers was included in the Consumer Bank- Government—get the short end of the remain eligible for federal government ruptcy Reform Act of 1998 (H.R. 3150), stick. benefits. We need to change that prac- and I hope that we can all support this Simply put, the current practice is tice. measure again this year. The goal of grossly unfair and contravenes the in- Mr. President, the bill I introduce our measure is simple but vitally im- tent of our laws: People are supposed today, the ‘‘No Federal Benefits for portant: to make sure that our Bank- to get a fresh start, not a head start, Drug Traffickers Act’’ requires the sus- ruptcy Code is more than just a under the Bankruptcy Code. pension of federal benefits to convicted Mr. President, the legislation that I beachball for crooked millionaires who drug traffickers. This bill will send a have introduced today is simple, effec- want to hide their assets. clear message that we mean what we tive and straightforward. It caps the Let me tell you why this legislation say in the war against drugs. Current homestead exemption at $100,000, which is critically needed. In chapter 7 Fed- federal law provides for the denial of is far more than estimated median eral personal bankruptcy proceedings, federal benefits (excluding certain pro- home equity of people in bankruptcy. the debtor is allowed to exempt certain grams like food stamps, aid to families It is endorsed by the National Bank- possessions and interests from being with dependent children, and approved ruptcy Review Commission. And it will used to satisfy his outstanding debts. drug treatment programs) for individ- protect middle class Americans while One of the chief things that a debtor uals convicted of drug trafficking of- preventing the abuses that are making seeks to protect is his home, and I fenses. Unfortunately, however, the the middle class question the integrity agree with that in principle. Few ques- law gives judges unlimited discretion of our laws—the abuses the average tion that debtors should be able to to decide whether or not to suspend a American taxpayer is paying for out of keep a roof over their heads. But, in convicted drug trafficker’s federal ben- pocket. practice, this homestead exemption has Indeed, it is even generous to debt- efits. For example, under current law a become a source of great abuse. ors. Less than ten states have a home- repeat offender could retain his full Under section 522 of the Code, a debt- stead exemption that exceeds $100,000. federal benefits. or may opt to exempt his home accord- More than two-thirds of states cap the The ‘‘No Federal Benefits for Drug ing to local, State, or Federal bank- exemption at $40,000 or less. My own Traffickers Act’’ addresses this loop- ruptcy provisions. The Federal exemp- home state of Wisconsin has a $40,000 hole in the current law by mandating tion allows the debtor to shield up to exemption and that, in my opinion, is the suspension of a convicted drug traf- $15,000 of value in his house. The State more than sufficient. ficker’s federal benefits for at least a exemptions vary tremendously: some Mr. President, this proposal is an ef- minimum period of time. Specifically, States do not allow the debtor to ex- fort to make our bankruptcy laws more the bill requires the suspension of a empt any of his home’s value, while a equitable. I urge my colleagues to sup- convicted drug offender’s federal bene- handful of states set no ceiling and port this important measure. fits for a minimum of one year. The allow an unlimited exemption. The bill also mandates suspension of bene- vast majority of states have exemp- By Mr. ASHCROFT: fits for at least three years upon a sec- tions under $40,000. S. 587. A bill to provide for the man- ond conviction. Our proposal would amend Section datory suspension of Federal benefits In addition, the bill closes a loophole 522 to cap State exemptions so that no to convicted drug traffickers, and for that allowed drug trafficker who were debtor could ever exempt more than other purposes; to the Committee on supposed to be barred from receiving $100,000 of the value of his home. the Judiciary. federal benefits for life because of three

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.001 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4223 separate drug trafficking convictions a sizable national recreation area (the (3) the term ‘‘State’’ means the State of to regain their eligibility for federal Boundary Waters Canoe Area). The Iowa. benefits. Once again we need to make Loess Hills, however, is an area of na- SEC. 4. LOESS HILLS STUDY. our message clear and unmistakable. tional significance and has the poten- (a) The Secretary shall undertake a study Under the bill I introduce today, life tial to be a much needed National Park of the Loess Hills area to review options for the protection and interpretation of the means life and it is truly three strikes for the Plains States. area’s natural, cultural, and historical re- and you’re out. Mr. President, since 1992, I have se- sources. The study shall include, but need This is what we need in the war cured funding through the United not be limited to an analysis of the suit- against drugs—a clear message. Those States Department of Agriculture to ability and feasibility of designating the who choose to traffic in drugs have no design better bridges and other struc- area as— legitimate claim to federal benefits. tures in the Loess Hills area to reduce (1) a unit of the National Park System; This is common sense. There is no need soil erosion. But more needs to be (2) a National Heritage Area or Heritage for exceptions or discretion. There is a Corridor; or done. (3) such other designation as may be appro- need for clarity, and this bill provides One thing I would like to make priate. that clarity. clear—this study can only be success- (b) The study shall examine the appro- fully implemented with the participa- priateness and feasibility of cooperative pro- By Mr. HARKIN: tion of local governments in western tection and interpretive efforts between the S. 589. A bill to require the National Iowa and private property owners. United States, the State, and its political Park Service to undertake a study of The Loess Hills are an Iowa treasure. subdivisions. the Loess Hills area in western Iowa to This legislation would begin the proc- (c) The Secretary shall consult in the prep- review options for the protection and aration of the study with State and local ess of making Loess Hills a national governmental entities, affected landowners, interpretation of the area’s natural, treasure. cultural, and historical resources; to and other interested public and private orga- I invite my colleagues to join me as nizations and individuals. the Committee on Energy and Natural co-sponsors of this much needed legis- (d) The study shall be completed within Resources. lation. Mr. President, I ask unanimous one year after the date funds are made avail- LOESS HILLS PRESERVATION ACT OF 1999 consent that the text of the bill be able. Upon its completion, the Secretary Mr. HARKIN. Mr. President, today, I printed in the RECORD. shall transmit a report of the study, along am introducing legislation calling There being no objection, the bill was with any recommendations, to the Com- upon the National Park Service to con- mittee on Energy and Natural Resources of ordered to be printed in the RECORD, as the United States Senate and the Committee duct a study of the Loess Hills in west- follows: on Resources of the United States House of ern Iowa. This study would be the first S. 589 Representatives. official step towards possible national Be it enacted by the Senate and House of Rep- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. protection for the Loess Hills. resentatives of the United States of America in There is authorized to be appropriated Specifically, this legislation would Congress assembled, such sums as may be necessary to carry out require the National Park Service to SECTION 1. SHORT TITLE. this Act. monitor the area between Waubansie This Act may be cited as the ‘‘Loess Hills State Park and Stone Park to study Preservation Act of 1999’’. By Mr. FEINGOLD (for himself the possibility of a portion of this area SEC. 2. FINDINGS. and Mr. LEAHY): to receive National Park status. The Congress finds that— S. 590. A bill to amend the Internal Loess Hills is a unique national (1) The Loess Hills area in western Iowa, Revenue Code of 1986 to repeal the per- treasure that was formed by ancient formed by ancient glaciers and hundreds of centage depletion allowance for certain glaciers and hundreds of centuries of centuries of westerly winds blowing across hardrock mines, and for other pur- westerly winds. Only the loess soil in the Missouri River, has resulted in the larg- poses; to the Committee on Finance. est loess formation in the United States, and China has accumulated as high as ELIMINATION OF DOUBLE SUBSIDIES FOR THE one of the two largest in the world; HARDROCK MINING INDUSTRY ACT OF 1999 Iowa’s. Although these hills have sur- (2) portions of the Loess Hills remain unde- vived for hundreds of centuries, today veloped and provide an important oppor- Mr. FEINGOLD. Mr. President, I am they are beginning to crumble. Urban tunity to protect an historic and unique nat- pleased to introduce legislation to sprawl is unfortunately beginning to ural resource; eliminate from the federal tax code take its toll on Loess Hills. Protecting (3) a program to study the Loess Hills can percentage depletion allowances for this area must be given a high priority. only be successfully implemented with the hardrock minerals mined on federal In 1986, the Loess Hills area was des- cooperation and participation of affected public lands. I am joined in introducing ignated as a National Natural Land- local governments and landowners; this legislation by my colleague from (4) in 1986, the Loess Hills area was des- Vermont, Mr. LEAHY. mark by the National Park Service. ignated as a National Natural Landmark in This gives recognition to this area as recognition of the area’s nationally signifi- The President proposes the elimi- an area of national significance. Al- cant natural resources; nation of the percentage depletion al- though this designation encourages (5) although significant natural resources lowance on public lands in his FY 2000 landowners to use conservation prac- remain in the area, increasing development budget. The President’s FY 2000 budget tices in use of the area, this designa- in the area has threatened the future sta- estimates that, under this legislation, tion does nothing to control land own- bility and integrity of the Loess Hills area; income to the federal treasury from ership or to restrict land use. and the elimination of percentage depletion The only thing holding the loess in (6) the Loess Hills area merits further allowances for hardrock mining on study by the National Park Service, in co- place is the roots of the vegetation. operation with the State of Iowa, local gov- public lands would total $478 million Today, however, as the human exploi- ernments, and affected landowners, to deter- over five years, more than $95 million tation of the hills continues to increase mine appropriate means to better protect, in this year alone. These savings are the destruction of the vegetation, loess preserve, and interpret the significant re- calculated as the excess amount of fed- is left once again blowing in the winds sources in the area. eral revenues above what would be col- as the fragile hills begins to flatten. SEC. 3. DEFINITIONS. lected if depletion allowances were lim- This is of great concern to me. This As used in this Act— ited to ‘‘sunk costs’’ in capital invest- area which marks one of the only re- (1) the term ‘‘Loess Hills’’ means the area ments. Percentage depletion allow- maining natural ecosystems in the in the State of Iowa located between ances are contained in the tax code for state is one of the few areas where Waubansie State Park and Stone Park, and extracted fuel, minerals, metal and which includes Plymouth, Woodbury, Iowans can experience nature. Iowa Monona, Harrison, Pottawattamie, Mills, other mined commodities. These allow- presently ranks 49th among the 50 and Fremont counties. ances have a combined value, accord- states in National Park and Forest (2) the term ‘‘Secretary’’ means the Sec- ing to 1994 estimates by the Joint Com- space. Iowa is also 400 miles away from retary of the Interior. mittee on Taxation, of $4.8 billion.

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.001 S11MR9 4224 CONGRESSIONAL RECORD—SENATE March 11, 1999 Mr. President, these percentage de- 557,650 hardrock abandoned mine sites centage depletion) is amended by inserting pletion allowances were initiated by nationwide and the cost of cleaning ‘‘(other than hardrock mines located on the Corporation Excise Act of 1909. them up will range from $32.7 billion to lands subject to the general mining laws or That’s right, 1909. Provisions for a de- $71.5 billion. on land patented under the general mining laws)’’ after ‘‘In the case of the mines’’. pletion allowance based on the value of There are currently no comprehen- (b) GENERAL MINING LAWS DEFINED.—Sec- the mine were made under a 1912 Treas- sive federal or state programs to ad- tion 613 of the Internal Revenue Code of 1986 ury Department regulation, but dif- dress the need to clean up old mine is amended by adding at the end the fol- ficulty in applying this accounting sites. Reclaiming these sites requires lowing: principle to mineral production led to the enactment of a program with ex- ‘‘(f) GENERAL MINING LAWS.—For purposes the initial codification of the mineral plicit authority to clean up abandoned of subsection (a), the term ‘general mining depletion allowance in the Tariff Act of mine sites and the resources to do it. laws’ means those Acts which generally com- prise chapters 2, 12A, and 16, and sections 161 1913. The Revenue Act of 1926 estab- My legislation is a first step toward and 162 of title 30 of the United States Code.’’ lished percentage depletion much in its providing the needed authority and re- (c) EFFECTIVE DATE.—The amendments present form for oil and gas. The per- sources. made by this section shall apply to taxable centage depletion allowance was then Mr. President, in today’s budget cli- years beginning after December 31, 1998. extended to metal mines, coal, and mate we are faced with the question of SEC. 3. ABANDONED MINE RECLAMATION FUND. other hardrock minerals by the Rev- who should bear the costs of explo- (a) IN GENERAL.—Subchapter A of chapter enue Act of 1932, and has been adjusted ration, development, and production of 98 of the Internal Revenue Code of 1986 (re- several times since. natural resources: all taxpayers, or the lating to establishment of trust funds) is Percentage depletion allowances users and producers of the resource? amended by adding at the end the following: were historically placed in the tax code For more than a century, the mining ‘‘SEC. 9511. ABANDONED MINE RECLAMATION FUND. to reduce the effective tax rates in the industry has been paying next to noth- ‘‘(a) CREATION OF TRUST FUND.—There is mineral and extraction industries far ing for the privilege of extracting min- established in the Treasury of the United below tax rates on other industries, erals from public lands and then aban- States a trust fund to be known as the providing incentives to increase invest- doning its mines. Now those mines are ‘Abandoned Mine Reclamation Trust Fund’ ment, exploration and output. How- adding to the nation’s environmental (in this section referred to as ‘Trust Fund’), ever, percentage depletion also makes and financial burdens. We face serious consisting of such amounts as may be appro- it possible to recover many times the budget choices this fiscal year, yet priated or credited to the Trust Fund as pro- amount of the original investment. these subsidies remain a persistent tax vided in this section or section 9602(b). ‘‘(b) TRANSFERS TO TRUST FUND.—There There are two methods of calculating expenditure that raise the deficit for are hereby appropriated to the Trust Fund a deduction to allow a firm to recover all citizens or shift a greater tax bur- amounts equivalent to 25 percent of the addi- the costs of their capital investment: den to other taxpayers to compensate tional revenues received in the Treasury by cost depletion, and percentage deple- for the special tax breaks provided to reason of the amendments made by section 2 tion. Cost depletion allows for the re- the mining industry. of the Elimination of Double Subsidies for covery of the actual capital invest- Mr. President, the measure I am in- the Hardrock Mining Industry Act of 1999. ment—the costs of discovering, pur- troducing is fairly straightforward. It ‘‘(c) EXPENDITURES FROM TRUST FUND.— chasing, and developing a mineral re- eliminates the percentage depletion al- ‘‘(1) IN GENERAL.—Amounts in the Trust Fund shall be available, as provided in appro- serve—over the period during which lowance for hardrock minerals mined priation Acts, to the Secretary of the Inte- the reserve produces income. Using on public lands while continuing to rior for— cost depletion, a company would de- allow companies to recover reasonable ‘‘(A) the reclamation and restoration of duct a portion of its original capital in- cost depletion. lands and water resources described in para- vestment minus any previous deduc- Though at one time there may have graph (2) adversely affected by mineral tions, in an amount that is equal to the been an appropriate role for a govern- (other than coal and fluid minerals) and min- fraction of the remaining recoverable ment-driven incentive for enhanced eral material mining, including— reserves. Under this method, the total mineral production, there is now suffi- ‘‘(i) reclamation and restoration of aban- doned surface mine areas and abandoned deductions cannot exceed the original cient reason to adopt a more reason- milling and processing areas, capital investment. able depletion allowance that is con- ‘‘(ii) sealing, filling, and grading aban- However, under percentage depletion, sistent with those given to other busi- doned deep mine entries, the deduction for recovery of a com- nesses. ‘‘(iii) planting on lands adversely affected pany’s investment is a fixed percentage Mr. President, the time has come for by mining to prevent erosion and sedimenta- of ‘‘gross income’’—namely, sales rev- the Federal Government to get out of tion, enue—from the sale of the mineral. the business of subsidizing business. We ‘‘(iv) prevention, abatement, treatment, Under this method, total deductions can no longer afford its costs in dollars and control of water pollution created by typically exceed, let me be clear on or its cost to the health of our citizens. abandoned mine drainage, and ‘‘(v) control of surface subsidence due to that point, Mr. President, exceed the This legislation is one step toward the abandoned deep mines, and capital that the company invested. goal of ending these corporate welfare ‘‘(B) the expenses necessary to accomplish The rates for percentage depletion subsidies. the purposes of this section. are quite significant. Section 613 of the I ask unanimous consent that a copy ‘‘(2) LANDS AND WATER RESOURCES.— U.S. Code contains depletion allow- of the legislation be printed in the ‘‘(A) IN GENERAL.—The lands and water re- ances for more than 70 metals and min- RECORD. sources described in this paragraph are lands erals, at rates ranging from 10 percent There being no objection, the bill was within States that have land and water re- sources subject to the general mining laws or to 22 percent. ordered to be printed in the RECORD, as In addition to repealing the percent- follows: lands patented under the general mining laws— age depletion allowances for minerals S. 590 ‘‘(i) which were mined or processed for mined on public lands, Mr. President, Be it enacted by the Senate and House of Rep- minerals and mineral materials or which my bill also creates a new fund, called resentatives of the United States of America in were affected by such mining or processing, the Abandoned Mine Reclamation Congress assembled, and abandoned or left in an inadequate rec- Fund. One fourth of the revenue raised SECTION 1. SHORT TITLE. lamation status before the date of the enact- by the bill, or approximately $120 mil- This Act may be cited as the ‘‘Elimination ment of this section, lion dollars, will be deposited into an of Double Subsidies for the Hardrock Mining ‘‘(ii) for which the Secretary of the Inte- interest bearing fund in the Treasury Industry Act of 1999’’. rior makes a determination that there is no continuing reclamation responsibility under to be used to clean up abandoned SEC. 2. REPEAL OF PERCENTAGE DEPLETION AL- LOWANCE FOR CERTAIN HARDROCK State or Federal law, and hardrock mines in states that are sub- MINES. ‘‘(iii) for which it can be established to the ject to the 1872 Mining Law. Mineral (a) IN GENERAL.—Section 613(a) of the In- satisfaction of the Secretary of the Interior Policy Center estimates that there are ternal Revenue Code of 1986 (relating to per- that such lands or resources do not contain

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.001 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4225 minerals which could economically be ex- tims, or born with birth defects, or healthier babies. And my bill will help tracted through remining of such lands or re- trauma victims, or even cancer pa- fund these vital prevention strategies. sources. tients, now occurs on a daily basis This bill will also ensure direct ac- ‘‘(B) CERTAIN SITES AND AREAS EXCLUDED.— around our country. cess to obstetric care, and direct access The lands and water resources described in this paragraph shall not include sites and The question about how to finance to pediatric care. Children have health areas which are designated for remedial ac- health care and how to improve access needs that are very different than tion under the Uranium Mill Tailings Radi- to and the quality of health care, how- those of the adult population. Diseases ation Control Act of 1978 (42 U.S.C. 7901 et ever, are the hottest challenges we face and medications behave differently seq.) or which are listed for remedial action as a nation. than in adults, and when children are under the Comprehensive Environmental Re- There are some things we can all treated, it should be by those who un- sponse Compensation and Liability Act of agree on: that the care and well-being derstand those differences. 1980 (42 U.S.C. 9601 et seq.). of our children should come first, par- Finally, this initiative will assist ‘‘(3) GENERAL MINING LAWS.—For purposes ticularly those who are ill. Prenatal of paragraph (2), the term ‘general mining children’s hospitals in educating the laws’ means those Acts which generally com- care is also paramount, because a great next generation of pediatricians. Even prise chapters 2, 12A, and 16, and sections 161 deal of child health is determined in with strapped budgets, teaching chil- and 162 of title 30 of the United States Code.’’ the womb. dren’s hospitals offer the more egali- (b) CONFORMING AMENDMENT.—The table of Thus as a nation, we must stand up tarian health care in this country. sections for subchapter A of chapter 98 of the and speak for those who cannot speak These hospitals turn no one away. And Internal Revenue Code of 1986 is amended by for themselves. it is essential that we support this adding at the end the following: That is why I am introducing the noble mission by equipping children’s ‘‘Sec. 9511. Abandoned Mine Reclamation ‘‘Healthy Kids 2000 Act.’’ The idea be- hospitals with the tools to continue Trust Fund.’’ hind it is simple: we want pregnant their educational and research efforts. women to be healthy, and we want So much of the most important work By Mr. BOND: children to be healthy. So we are going in our society goes unnoticed, and S. 592. A bill to improve the health of to remove some of the barriers they en- unrewarded. Saving the lives of our children; to the Committee on Finance. counter in receiving good, appropriate children, improving the health of our HEALTHY KIDS 2000 ACT health care. children, even caring for our children Mr. BOND. Mr. President, one year This bill will give States the flexi- on a daily basis is not glamorous work, ago today, the Birth Defects Preven- bility to enroll eligible pregnant or sometimes even all that much fun. tion Act passed the House of Rep- women in the State Children’s Health Doctors, nurses, mothers, fathers, resentatives, clearing its way for the Insurance Program (CHIP) and to co- child-care workers and teachers are President’s signature. ordinate essential outreach efforts to performing the most difficult, and the With this new funding, the Centers enroll qualified children. This program most important, work of our society: for Disease Control has implemented a has already been funded by Congress to raising up the next generation to be national strategy, in conjunction with assist 10 million children whose fami- happy, healthy, and productive citi- the States and local organizations such lies lack health insurance. These chil- zens. as the March of Dimes, to prevent the dren are eligible to receive basic health We must assist them in their efforts, devastating incidence of birth defects. care services like immunizations and and we can take a positive step by de- Building upon that success, today I antibiotics for ear infections, but preg- bating and enacting Healthy Kids 2000. rise to introduce the Healthy Kids 2000 nant women are not now eligible. Since Mr. President, I ask unanimous con- Act—comprehensive approach which so much of a child’s health is deter- sent that letters of support be printed addresses the broad spectrum of health mined in the womb, it is imperative in the RECORD. issues affecting our nation’s children. that low-income pregnant women re- There being no objection, the letters And I want to thank the March of ceive quality prenatal care. were ordered to be printed in the Dimes and the National Association of Similarly, we need to ensure that the RECORD, as follows: Children’s Hospitals for supporting me National Institutes of Health research NATIONAL ASSOCIATION OF in this effort to improve the health of machine is focusing on diseases and CHILDREN’S HOSPITALS, our nation’s children and pregnant conditions which afflict our nation’s Alexandria, VA, March 9, 1999. women as we move into the new mil- children, such as birth defects, SIDS, Hon. CHRISTOPHER ‘‘KIT’’ BOND, lennium. cystic fibrosis, juvenile diabetes, and U.S. Senate, Russell Senate Office Building, I also want to thank my colleague arthritis, just to name a few. A simple Washington, DC. DEAR SENATOR BOND: The National Asso- from Ohio, MIKE DEWINE, for his work statistic will highlight this need: 80% ciation of Children’s Hospitals (N.A.C.H.), on children’s health issues, and for al- of prescription medications marketed which represents more than 100 children’s lowing me to adopt some of his ideas in the U.S. today are not approved by hospitals across the country, strongly sup- for inclusion in this bill. Senator the FDA for use by children under 12 ports your efforts to address the full spec- DEWINE has been a dedicated leader on because studies have not been con- trum of children’s health care needs through children’s health, and has been essen- ducted to document their safety or your new ‘‘Healthy Kids 200 Act,’’ legislation tial to the development of the sections whether or not they work for children. that knits together several important indi- of this bill that focus on poison control That is a terrible disservice to the vidual initiatives to improve the health and well-being of our nation’s children. centers and pediatric research within young people of our country who may This legislation takes a comprehensive ap- the National Institutes of Health. need the relief of a particular prescrip- proach to addressing barriers and obstacles, I am struck, every time I go into the tion drug. both health system and governmental, that neonatal wards across my home state This bill will also consolidate pro- families and pediatric providers encounter in of Missouri, at the tiny one and two grams and provide more funds for local improving the health care of children. Its pound babies, hooked up to monitors initiatives to prevent birth defects and focus on strengthening health coverage, and tubes and looking so helpless. maternal mortality. graduate medical education, research, and Many of them will survive; a few may 150,000 infants are born each year public health protections for children clearly reflects the children’s hospitals’ own four- not. My first thought is always one of with a serious birth defect, and birth fold missions of clinical care, education, re- thanks that I have been blessed with a defects are still the leading cause of in- search, and public health advocacy for child very healthy son. fant death. During the 1990s we have health. Together, they are essential to the The good news is that we are making witnessed an increase in maternal ability of communities to meet the unique progress in preventing diseases and in death during pregnancy and childbirth. health care needs of their children. making sick and injured children well. There is no question that we need bet- CHILDREN’S HEALTH COVERAGE Healing never thought possible a few ter approaches to ensure that women This legislation recognizes that the pre- years ago for those who are burn vic- have healthier, safe pregnancies, and scription for good, comprehensive health

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.001 S11MR9 4226 CONGRESSIONAL RECORD—SENATE March 11, 1999 care for children is not only health insurance there are a variety of ways to structure this The Foundation is also pleased to support coverage but also quality and access to care. increased investment in NIH, we know that the ‘‘Pediatric Public Health Promotion’’ The ‘‘Healthy Kids 200 Act’’ would provide you share our conviction that in the end, the provision that would establish a National important health care protections for chil- result must be a real increase in total sup- Center for Birth Defects Research and Pre- dren as well as enable providers, profes- port for pediatric research. Its purpose vention at the Centers for Disease Control sionals, systems, and workers to assure im- should be to stimulate significant additional and Prevention. This change in law would proved quality of health care for children. pediatric research investment and growth in elevate the visibility of the birth defects ac- By providing families access to providers the number of researchers focusing on chil- tivities of the CDC, authorized by the Birth that specialize in pediatrics for the care de- dren’s health, not to cause a shift in funding Defects Prevention Act (P.L. 105–168), which livered to their children, the legislation that comes at the expense of any current you guided to enactment in 1998. As you takes the important step of ensuring that NIH research efforts for children. know, for many years the March of Dimes children receive health care in the most ap- PEDIATRIC PUBLIC HEALTH PROMOTION has been a strong supporter of federal birth defects research and prevention activities. propriate setting and condition possible. With so many children’s hospitals serving We applaud you for proposing to integrate The legislation recognizes that, as the as their states’ or regions’ poison control the activities of various programs to further President’s Advisory Commission on Con- centers, N.A.C.H. especially appreciates the promote the prevention of birth defects. sumer Protection and Quality in the Health provisions of your legislation to stabilize and Care Industry writes, ‘‘[c]hildren have health In addition, the March of Dimes commends improve our nation’s poison control system. you on including the ‘‘Pediatric Research and development needs that are markedly Over half of the two million poisonings re- different from adults and require age-appro- Initiative’’ in the ‘‘Healthy Kids 2000 Act.’’ If ported in 1996 were by parents of children enacted, this initiative would establish the priate care. Developmental changes, depend- under age 6. Almost 2 out of 3 poison calls ency on others, and different patterns of ill- authorization needed to obtain additional are on behalf of children under age 18. Legis- funding for pediatric biomedical research ness, disability and injury require that at- lation that serves to improve and stabilize tention be paid to the unique needs of chil- within the National Institutes of Health. The this critical system will undoubtedly im- Foundation believes that a partnership be- dren in the health system.’’ prove the lives and health of children as In addition, the legislation improves upon tween the public and private sectors is the well. more effective way to raise the level of in- the State Children’s Health Insurance Pro- N.A.C.H. also supports the bill’s provisions gram (SCHIP) by allowing states the option vestment in clinical research pertaining to to improve prenatal care and birth defects children. The March of Dimes urges Congress to use SCHIP to provide health insurance research through the Centers for Disease coverage for pregnant women. The linkages to strengthen the national commitment to Control and Prevention, which are important all children. between prenatal care and healthy children to reduce morbidity and mortality from We thank you for your leadership and are have long been understood in American so- birth, improving health, and preventing life- eager to work with you on this and other leg- cial policy, including Medicaid, the Maternal long health care costs for children and islative initiatives important to the health and Child Health Block Grant and WIC. As adults. of the nation’s mothers, infants and chil- the GAO found in its report Health Insur- In conclusion, Senator Bond, we commend dren. ance; Coverage Leads to Increased Health you for the breadth and depth that this bill Sincerely, Care Access for Children, Medicaid coverage undertakes to improve the health of our na- DR. JENNIFER L. HOWSE, of maternal and child health improves health tion’s children. This legislation certainly President. care access but also decreases infant and sets the standard for what the 106th Congress child mortality. should consider and pass with respect to By Mr. COVERDELL (for himself, For these reasons, N.A.C.H. supports giving child health. Mr. TORRICELLI, and Mr. ABRA- states the option of covering low income, un- If you have any questions or need addi- insured pregnant women through SCHIP, as HAM): tional information, call Peters Willson or S. 593. A bill to amend the Internal well as the bill’s provision to establish auto- Bruce Lesley at 703–684–1355. matic enrollment of their infants upon birth Sincerely, Revenue Code of 1986 to increase max- through that critical first year of life. LAWRENCE A. MCANDREWS. imum taxable income for the 15 per- PEDIATRIC EDUCATION cent rate bracket, to provide a partial N.A.C.H. applauds you for including in the MARCH OF DIMES, exclusion from gross income for divi- ‘‘Healthy Kids 2000 Act’’ the commitment to BIRTH DEFECTS FOUNDATION, dends and interest received by individ- commensurate federal graduate medical edu- Washington, DC, March 8, 1999. uals, to provide a long-term capital cation support for independent children’s Hon. CHRISTOPHER BOND, gains deduction for individuals, to in- hospitals proposed by the ‘‘Children’s Hos- U.S. Senate, Russell Senate Office Building, crease the traditional IRA contribution pitals Education and Research Act,’’ which Washington, DC. limit, and for other purposes; to the DEAR SENATOR BOND: On behalf of more you have twice co-sponsored with Senator than 3 million volunteers and 1500 staff mem- Committee on Finance. Bob Kerrey (D–MO). Through the establish- bers of the March of Dimes, I want to com- THE SMALL SAVERS ACT ment of a capped time-limited fund, the leg- mend you for introducing the ‘‘Healthy Kids islation would go a long way toward pro- Mr. COVERDELL. Mr. President, I 2000 Act.’’ We are particularly pleased that viding a more equitable competitive playing rise today, joined by my good friends you have included in this legislation three field for independent children’s hospitals. Senator TORRICELLI and Senator ABRA- specific initiatives important to the Founda- Like all teaching hospitals, children’s hos- HAM, to introduce legislation whose tion and to the health of mothers, infants pitals receive less and less support for their time I believe has clearly come. We are and children. graduate medical education (GME) programs The first section of the bill, ‘‘Health Care faced with a real crisis. That crisis is from most insurers. Unlike other teaching Accessibility and Accountability for Mothers the state of personal savings, savings hospitals, independent children’s hospitals and Newborns,’’ includes a much needed ini- by families that let them prepare for receive virtually no support for GME from tiative to improve access to health care for the one remaining, stable source of GME the bumps in the road. pregnant women. Numerous studies have support—the Medicare program—because Families are not saving, and I believe shown that prenatal care improves the like- they serve children, not the elderly. Yet, it is not happening because our govern- lihood that a child will be born healthy. these hospitals play a critical role in train- ment takes too much from them. A re- Your proposal that states be given the flexi- ing the next generation of health care pro- cent report by the Congressional Budg- bility to cover prenatal care for income-eli- viders for children. Although they represent gible pregnant women through the new State et Office showed that taxes on the less than one percent of all hospitals, they Children’s Health Insurance Program (S– American public are at their highest train nearly 30 percent of all pediatricians CHIP) is an important step to take. If en- level since World War II. Too many and nearly half of all pediatric subspecial- acted, this provision would help provide middle-class families have been ists. women the prenatal and maternity care they squeezed to the point where they live PEDIATRIC RESEARCH need to have healthy, full term babies. The paycheck to paycheck without the op- As centers of research devoted to improv- March of Dimes strongly supports access to tion of saving for the future. ing the prevention, diagnosis, treatment, and prenatal care. Because of the Foundation’s Today, the Nation’s economy re- evaluation of children’s illnesses and condi- concern that more than 350,000 women do not mains the envy of the world. The tions, children’s hospitals very much appre- have access to these needed services, the ciate your efforts to bring new visibility the Foundation has identified the expansion of United States has the first federal need for increased NIH investment in pedi- S–CHIP to cover pregnant women as one of budget surplus in thirty years, unem- atric biomedical research overall and in pe- its highest federal legislative priorities for ployment is down and the stock mar- diatric research training in particular. While 1999. ket is up, but there are troubling signs

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.001 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4227 on the horizon. Manufacturing activity tant than sustaining economic growth every round represents the potential slowed in December for the seventh and ensuring our retirement security. for taking one human life. straight month, dropping to its lowest The Small Savers Act is a modest and These clips come in sizes ranging level in almost eight years as global progressive step to begin shoring up from 15 rounds per clip to 30, 75, 90, or economic problems continued to hinder personal savings and to keep the Na- even 250 rounds per clip. exports. At the same time, personal tion on the path to long-term economic Twenty thousand clips of 250-rounds savings are at Depression-era lows. health. came from England; In 1982, families saved nine percent of Two million 15-round magazines their personal income. In 1992, it was By Mrs. FEINSTEIN: came from Italy; between five and six percent. Last S. 594. A bill to ban the importation Five thousand clips of 70-rounds year, it was one-half of one percent and of large capacity ammunition feeding came from the Czech Republic. headed into the red. Personal savings is devices; to the Committee on the Judi- And the list goes on, and on. so important because it helps prepare ciary. Mr. President, 250-round clips have families for any crisis that could occur, LARGE-CAPACITY AMMUNITION MAGAZINE no sporting purpose. They are not used such as a health emergency or job loss. IMPORT BAN OF 1999 for self defense. They have only one Having said that, I believe we would Mr. FEINSTEIN. Mr. President, I rise use—the purposeful killing of other all do well to remember the lessons today to introduce legislation that will men, women and children. from the biblical parable of Joseph. Re- plug a gaping loophole in our gun laws It is both illogical and irresponsible call that Joseph warned Pharaoh his and protect us all from the deadly, to permit foreign companies to sell kingdom would experience seven years tragic violence of assault weapons. items to the American public—particu- of plenty followed by seven years of This bill is not about gun control. larly items that are so often used for famine. His message to Pharaoh was to This bill is not about politics. And this deadly purposes—that U.S. companies build reserves during the years of plen- bill is not about partisanship. But this are prohibited from selling. It is time ty in preparation for the years of fam- bill is about stopping foreign manufac- to plug this loophole and close our bor- ine, so that his people would not suffer. turers from skirting the laws that al- ders to these tools of death and de- To ensure the longevity of our recent ready apply to companies within our struction. Our domestic manufacturers economic gains, it is important to re- borders. are complying with the law, and we member the lessons of Joseph and heed The bill we introduce today will ad- must now force foreign manufacturers the words of President Kennedy who, in dress, finally, the loophole in the law to comply as well. his second State of the Union address that allows foreign manufacturers to In April of last year, President Clin- said: ‘‘Pleasant as it is to bask in the flood our shores with high capacity ton and Treasury Secretary Rubin warmth of recovery . . . the time to re- ammunition clips, while domestic man- closed one loophole in the 1994 ban on pair the roof is when the sun is shin- ufacturers are prohibited from selling assault weapons by blocking further ing.’’ those very clips. imports of modified semiautomatic as- One-third of Americans have no sav- Our bill bans future importation of sault weapons. However, the Depart- ings at all, and the next third have less all ammunition clips with a capacity of ment of Justice advises me that the than $3,000 in savings. Although the greater than 10 rounds. President lacks the legal authority to baby-boom generation has contributed Mr. President, this legislation would take the same action regarding large- to the explosion of people investing in not ban the sale or possession of clips capacity clips. As a result, we must the equities, only two in five baby already in circulation. And the domes- take legislative action to stop further boomers will have enough savings to tic manufacture of these clips is al- imports of these killer clips. maintain their current standard of liv- ready illegal for most purposes. Under In closing our borders to these high ing when they begin to retire in 2011. current law, U.S. manufacturers are al- capacity clips, we will not put an end The Small Savers Act would help to to all incidents of gun violence. But we reverse these troubling trends. First, ready prohibited from manufacturing will limit the destructive power of that our proposal returns middle class tax- large capacity clips for sale to the gen- violence. We will not stop every trou- payers to the lowest Federal income eral public, but foreign companies con- bled child who decides to commit an tax bracket. Under our legislation, 7 tinue to do so. million taxpayers would no longer find As the author of the 1994 provision, I act of violence from doing so, but we themselves taxed at 28%. Instead, they can assure you that this was not our can limit the tools that a child can find would be taxed at the 15% bracket. intent. We intended to ban the future to carry out the act. Second, it would encourage modest manufacture of all high capacity clips, Each of us has been touched in some savings and investment. We propose to leaving only a narrow clause allowing way by the devastating effects of gun enable savers to earn $500, or $250 for for the importation of clips already on violence. Each of our states has faced singles, in interest and dividends with- their way to this country. Instead, the unnecessary tragedy and senseless de- out paying a tax. According to the Bureau of Alcohol, Tobacco and Fire- struction as a result of the high-pow- Joint Economic Committee, 30 million arms has allowed millions of foreign ered, high-capacity weapons falling low and middle income taxpayers clips into this country, with no true into the hands of gangs, drive-by shoot- would be able to save tax free. Our pro- method of determining date of manu- ers, cop killers, grievance killers, and posal also would wipe out capital gains facture. yes, even children. My own state of taxes for 10 million low and middle in- In fact, between March and August of California has too often been the sub- come investors by exempting the first last year alone, BATF approved more ject of national attention due to inci- $5,000 of long-term capital gains. For than 8 million large-capacity clips for dents of gun violence. those committed to ending the tax- importation into America. Just a few short months ago in Oak- ation of capital gains, this would be an Many of these clips were surely man- land, California, officer James Wil- opportunity to take that first step ufactured after 1994, but ATF has no liams became yet another example of while encouraging lower and middle way to determining whether or not this what can happen when a troubled teen- class workers to invest for their future. is true. As a result, they simply must ager gets hold of a high-capacity weap- Finally, we provide for a modest take the word of the exporting com- on. Soon after midnight on a Sunday $1,000 increase in the contribution pany or country. early this New Year, Officer Williams limit for deductible IRA contributions, The clips come from at least 20 dif- and two colleagues found themselves from $2,000 to $3,000, and index for in- ferent countries, from Austria to searching the side of the road for a gun flation after 2009. These contribution Zimbabwe. that had reportedly been thrown by limits have not been raised since 1981. The clips approved during this one suspects involved in a recent chase. Of- The Nation faces many challenges in short period accounted for almost 128 ficer Williams had been out of the po- the years ahead. None is more impor- million rounds of ammunition—and lice academy for only eleven weeks,

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.001 S11MR9 4228 CONGRESSIONAL RECORD—SENATE March 11, 1999 and was undoubtedly looking forward my colleagues who joined me in that ‘‘(2) It shall be unlawful for any person to to getting home to see his three chil- fight remember how hard we worked to import a large capacity ammunition feeding dren. make a difference. Our opponents told device.’’; and But tragically, James Williams never us our efforts would accomplish noth- (4) in paragraph (4)— (A) by striking ‘‘(1)’’ each place it appears made it home that night. While Wil- ing—but they were wrong. They told us and inserting ‘‘(1)(A)’’; and liams searched for the lost gun, a 19- our efforts would infringe upon the (B) by striking ‘‘(2)’’ and inserting ‘‘(1)(B)’’. year-old man stood on the freeway rights of innocent gun owners—again, SEC. 3. CONFORMING AMENDMENT. overpass above and fired the shots that they were wrong. Section 921(a)(31) of title 18, United States would change Williams’ family forever. In fact, recent statistics prove that Code, is amended by striking ‘‘manufactured Using a Hungarian made AK–47 with a the assault weapons ban is working to after the date of enactment of the Violent Chinese made high-capacity ammuni- reduce crime and to save the lives of Crime Control and Law Enforcement Act of tion clip, the teenager fired many law enforcement officers and countless 1994’’. others. shots—too many. By Mr. DOMENICI (for himself One Telfon-coated bullet from this A recent study by the Bureau of Al- and Mr. INHOFE): high capacity clip fatally wounded offi- cohol, Tobacco and Firearms showed S. 595. A bill to amend the Internal cer Williams, tearing through his bul- that compared to other guns, the use of Revenue Code of 1986 to establish a letproof vest and leaving his three chil- assault weapons in crimes is rapidly graduated response to shrinking do- dren without a father. And that lone falling. In fact, while assault weapons mestic oil and gas production and surg- bullet tore through more than just accounted for more than 6% of the ing foreign oil imports, and for other James Williams’ body armor. It tore guns traced in crimes before the 1994 purposes; to the Committee on Fi- through the very fabric of his entire crime bill went into effect, these guns nance. family, and its damage cannot be re- now account for less than 2.4% of those THE DOMESTIC OIL AND GAS CRISIS TAX RELIEF traces. paired. AND FOREIGN OIL RELIANCE REVERSAL ACT OF To many, Officer Williams has now But it has now become apparent that 1999 become just another statistic in the the 1994 ban on assault weapons left Mr. DOMENICI. Mr. President, I rise fight against gun violence. But he is open certain loopholes. Through those today to introduce the Domestic Oil more than that to his family, and he loopholes fall the lives of courageous and Gas Crisis Tax Relief and Foreign must mean more than that to us, as police officers like Officer James Wil- Oil Reliance Reversal Act of 1999. well. We must fight to end the trage- liams. It is a comprehensive, graduated ap- dies faced by so many families across There is no convincing reason to proach to ensure that the United this nation. We must fight to give allow foreign manufacturers to cir- States retains control of its foreign meaning to the countless lives that cumvent the ban on assault weapons policy and its economic destiny. have been extinguished before their while domestic manufacturers comply. I believe that oil is essential to our time. And there is no convincing reason to way of life. Oil is power. One phenomenon which has most keep an unlimited supply of these clips It has been pointed out by numerous tragically revealed the problems pre- flowing onto our shores and into the commentators that major oil reserves sented by these high capacity clips has hands of American criminals. and political volatility go together. been the use of these clips by young- The ban on assault weapons is work- The Middle East has the world’s most sters to kill other youngsters. ing to save lives and to keep us safe. abundant and cheapest oil, unfortu- In Springfield, Oregon, a 15-year-old But we must act to fix those loopholes nately, the U.S. does not. boy used a 30-round clip to kill two of which still remain. Last year we came Saudi Arabia, United Arab Emirates his fellow students and wound 22 oth- close—we offered this bill as an amend- and Kuwait are our current allies, but ers. ment on short notice and lost by only Iran and Iraq are not. Russia is a major In Jonesboro, Arkansas, one of two a few votes. I am confident that once natural gas producer, but reliable Rus- boys carried a Universal carbine my colleagues understand what this sia is not. equipped with a 15-round killer clip. bill does—and more importantly what Our dependence on foreign oil is Firing every one of those 15 bullets, the it does not do—we will win our fight. reaching 57 percent, projected to reach boy helped his partner kill five people I urge my colleagues to support this 68 percent by 2010 if current prices pre- and wound 10 more. bill, and I look forward to voting on vail. And just last December in Los Ange- this issue in the near future. This isn’t the usual boom and bust les, 27 year old LAPD officer Bryan Mr. President, I ask unanimous con- that the oil and gas industry goes Brown was shot and killed by an assail- sent that the text of the bill be printed through. The price has dropped by half ant with a rifle and double magazine. in the RECORD. in the past two years. In real terms, oil Following the tragic shooting, Officer There being no objection, the bill was now costs roughly what it did before Brown’s 7 year old son asked, ‘‘Why did ordered to be printed in the RECORD, as 1973. And prices could stay low or drop my daddy have to die?’’ follows: lower according to the March 6th, Mr. President, Officer Brown and Of- S. 594 Economist magazine. ficer Williams gave their lives to pro- Be it enacted by the Senate and House of Rep- Chairman Greenspan, thus, far has tect the lives of so many others, and resentatives of the United States of America in been more cautious. their children have now been left with- Congress assembled, At a Budget Committee hearing re- out a father. We must do what we can SECTION 1. SHORT TITLE. cently, I asked Chairman Greenspan to make the lives of our law enforce- This Act may be cited as the ‘‘Large Ca- about the oil and gas depressed prices. pacity Ammunition Magazine Import Ban ment officers more safe. Act of 1999’’. For the first time that I can remember, And we must also do what we can to Greenspan blessed Independent Petro- SEC. 2. BAN ON IMPORTING LARGE CAPACITY bring foreign companies into compli- AMMUNITION FEEDING DEVICES. leum Association of America (IPAA) ance with the same laws we impose on Section 922(w) of title 18, United States numbers. companies here at home. The only way Code, is amended— Greenspan said, ‘‘In the short term, we can accomplish these goals is to (1) in paragraph (1), by striking ‘‘(1) Except profits for the oil and gas industry are pass this simple bill. as provided in paragraph (2)’’ and inserting likely to come under pressure. Accord- In 1994, we fired a first shot in the ‘‘(1)(A) Except as provided in subparagraph ing to industry surveys, exploration fight against assault weapons and kill- (B)’’; and production spending in the U.S. is (2) in paragraph (2), by striking ‘‘(2) Para- er clips by banning the assault weapons graph (1)’’ and inserting ‘‘(B) Subparagraph projected to decline 21 percent this most commonly used in crime and to (A)’’; year to $22.6 billion from $28.2 billion in kill police officers. I am proud to have (3) by inserting before paragraph (3) the 1998. A recent survey by the Inde- authored that legislation, and many of following: pendent Petroleum Association of

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.001 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4229 America (IPAA) estimates that over 36 haven’t been able to make an interest year when the price of oil is less than thousand crude oil wells and more than payment on their operating loans in $14 a barrel (phased out when oil prices 56 thousand natural gas wells have months and as loans come due, the hit $17) been shut down since November 1997. banks haven’t been willing to renew IDCs are up front, out of pocket costs During the same period, the IPAA esti- them. that have to be paid before a producer mates that 24 thousand jobs in the in- The world is feasting on cheap oil, even knows whether there will be any dustry have been eliminated * * * The and yet the oil patch is starving for oil produced. financial pressures are most serious capital. This credit crunch is made all IDCs are one of the principal ordi- among small producers in the United the more painful because producers nary and necessary business costs of States.’’ know that they have accumulated tax the oil and gas industry. IDCs can com- Let me describe the financial pres- benefits and credits that they have not prise up to 80 percent of the total costs sures facing New Mexico. been able to use, first, because they incurred in developing a well. One of the city officials told me that were Alternative Minimum Tax (AMT) IDCs are comparable to research and oil and gas revenues were so low that taxpayers, and more recently, because development costs because they are in- the town of Eunice has to decide which low prices have devastated their curred before a capital asset is known it will keep open—the school or the bottomline. to exist. Examples of IDCs include hospital. There isn’t enough tax rev- The AMT was intended to make sure amounts paid to negotiate and finalize enue in the coffers to do both! In New that profitable companies paid their drilling contracts; costs to prepare the Mexico, the oil and gas industry is a fair share of taxes. It has not worked drill site, costs of transporting and set- major source of revenue. For some as it was intended. In practice, the ting up the rigs and costs of cementing communities it is the only significant AMT imposes four penalties on invest- casing in place; costs for wages, fuel, source. ments made by U.S.-based taxpayers repairs, supplies, and other costs in the The bill I am introducing today is a who explore for and produce oil and drilling, shooting and cleaning of wells, comprehensive, graduated response to natural gas. Penalties are imposed on onsite preparation for the drilling of the problem of the shrinking domestic drilling investment and asset deprecia- wells, and the construction of the phys- oil and gas industry. It builds upon, tion. These penalties significantly in- ical structures that are necessary for and includes all of the provisions in- crease the after-tax costs and the busi- the drilling of wells. IDCs are funded cluded in S. 325 introduced by Senator ness risks of drilling new wells. This is with cold, hard cash and typically can- KAY BAILEY HUTCHISON and cospon- a very imprudent policy at a time when not be financed by a bank or financial sored by Senators NICKLES, MUR- the U.S. is experiencing historically institution, and must be paid through KOWSKI, BREAUX and LANDREU and my- low drilling activity and growing im- an operator’s internal cash flow or out- self. port dependency. side equity money supplied by an in- The Hutchison bill focuses on helping The AMT increases the cost of cap- vestor. our independent producers and main- ital of AMT taxpayers by approxi- Under the regular corporate tax, taining marginal wells. These are wells mately 15 to 20 percent over what it IDCs are generally allowed to be ex- that produce less than 15 barrels a day would be under the regular corporate pensed. by IRS definition, but in reality, on av- income tax according to testimony If they were the expenses of any erage produce about 2.2 barrels of oil a given before the Senate Finance Com- other business they would not be in- day. There are a lot of marginal wells mittee. cluded as add-back preference items for in the United States, and together they TITLE II of the bill tries to correct purposes of the AMT. We took the first produce as much oil as the United the past imprudence of the AMT and step to correcting this injustice in the States imports from Saudi Arabia. other tax cod provisions by providing National Energy Policy Act. It is time I am also told if prices stay where domestic oil and gas industry crisis tax to finish the job now. they are the state could lose half of relief triggered when the price of oil is Percentage depletion is also an ordi- those wells by the end of the year. below $15 a barrel. nary and necessary business cost. It Title I of the bill I am introducing This title of the bill creates what I recognizes that the economic profit today is part of S. 325. It includes a call a ‘‘credits to cash’’ program. from successful wells must compensate marginal well tax credit designed to The purpose is to transform earned for economic losses from dry holes and prolong marginal domestic oil and gas tax credits and other accumulated tax marginal wells that do not recover well production. The credit is equal to benefits into working capital for the their investment. Percentage depletion $3.00 a barrel. cash-strapped domestic oil and gas pro- also recognizes that oil and gas prop- The bill also provides a Federal in- ducers and service companies. erties are wasting assets with no resid- come tax exclusion for income earned This is accomplished by creating a ual value. These expenses correspond from inactive wells. It is an incentive ten year carry-back for unused AMT to ordinary business expenses that are for producers to keep pumping and not credits, and unused percentage deple- deductible for every other business to plug the wells because low prices tion for oil and gas producers. The bill without limitations. make them uneconomic. Once a well is would also eliminate one of the most The bill would also eliminate the de- plugged, the oil from that well is lost restrictive limitations on an oil and preciation adjustment under the AMT for ever. gas producer’s ability to claim his in- for oil and gas assets so that the depre- The bill expands the Enhanced Oil tangible drilling costs—the so-called 65 ciation schedules for the regular tax Recovery credit (EOR) that was en- percent net income limitation. The bill are also used for AMT. acted in 1990. repeals it so that producers can finally The oil and gas industry must spend Enhanced oil recovery techniques can recover their out of pocket costs. significant amounts of capital to ac- recover the other seventy-five percent The bill also includes a provision quire, find, develop and produce oil and of the oil left behind when regular similar to a bill introduced by Con- gas resources The regular tax system’s techniques have pumped as much oil as gressman THOMAS. My bill allows both modified accelerated cost recovery sys- they can from a well. The EOR credit is producers and the oil and gas service tem (MACRS) is designed to encourage expanded to cover additional tech- industry to go back ten years and use such investments. The incentive of ac- niques and to be used by AMT tax- up their Net operating losses (NOL)s. celerated tax depreciation is especially payers. HARD TIMES TAX RELIEF WHEN PRICE OF OIL IS important in periods when oil is cheap The oil and gas industry is a capital LESS THAN $14 A BARREL and companies are under economic intensive industry. The National Energy Policy Act par- pressure to reduce capital investment When the price of oil drops, the cash tially eliminated Intangible Drilling and jobs. Yet, the depreciation adjust- flow for small producers dries up. Costs as a preference item under the ment required under the AMT results There are countless producers who AMT. This bill finishes the job for any in removing much of the regular tax

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.001 S11MR9 4230 CONGRESSIONAL RECORD—SENATE March 11, 1999 incentive precisely when it is needed colleagues that when we experienced (5) Declining production, well abandon- most. This occurs because companies the economic disruption of the 1973 oil ment, and the lack of exploration and devel- in the industry are more likely to be embargo our dependence on foreign oil opment are shrinking the domestic oil and gas industry. subject to AMT in periods of low com- was only 36 percent. (6) It is essential in order for the United modity prices. Mr. President, we need a comprehen- States to have a vibrant economy to have a While the AMT is the second tax sys- sive response to foreign oil dependence. healthy domestic oil and gas industry. tem imbedded in our Internal Revenue We need to have a healthy domestic oil (7) The world’s richest oil producing re- code, the Accumulated Current Earn- and gas industry. This bill along with gions in the Middle East are experiencing ings (ACE) effectively acts as a third measures to help the industry through great political stability. system of taxation, in addition to the the current credit crunch are essential. (8) The policy of the United Nations may make Iraq the swing oil producing nation, regular tax system and the AMT. ACE I ask that my colleagues join me in de- thereby granting an enemy of the United generally acts to measure income in veloping a comprehensive plan to in- States a tremendous amount of power. the same manner ‘‘earnings and prof- sure our energy and foreign policy (9) Reliance on foreign oil for more than 60 its’’ which is a measure of income used independence. percent of the daily oil and gas consumption by ‘‘C’’ corporations to determine Mr. President, I ask unanimous con- in the United States is a national security whether their dividends will be taxable. sent that the text of the bill and a threat. (10) The United States is the leader of the Under ACE, a corporate taxpayer must summary be printed in the RECORD. There being no objection, the mate- free world and has a worldwide responsibility compute the deductions for equipment to promote economic and political security. depreciation (pre-1994), and intangible rial was ordered to be printed in the (11) The exercise of traditional responsibil- drilling cost recovery in a third man- RECORD, as follows: ities in the United States and abroad in for- ner in addition to that mandated under S. 595 eign policy requires that the United States the regular tax system and the AMT. Be it enacted by the Senate and House of Rep- be free of the risk of energy blackmail in Congress has nibbled at fixing the resentatives of the United States of America in times of gas and oil shortages. Congress assembled, (12) The level of the United States security ACE several times in the 1990’s. It is is directly related to the level of domestic time to get rid of it and its complexity. SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. production of oil, natural gas liquids, and The bill eliminates the Adjusted Cur- (a) SHORT TITLE.—This Act may be cited as natural gas. rent Earnings adjustment (ACE) as it the ‘‘Domestic Oil and Gas Crisis Tax Relief (13) A national energy policy should be de- applies to IDCs. and Foreign Oil Reliance Reversal Act of veloped which ensures that adequate supplies The bill would also permit the EOR 1999.’’ of oil are available at all times free of the credit and the Section 29 credit to re- (b) AMENDMENT OF 1986 CODE.—Except as threat of embargo or other foreign hostile duce the Alternative Minimum Tax. otherwise expressly provided, whenever in acts. this Act an amendment or repeal is ex- SEC. 4. TABLE OF CONTENTS. The Alternative Minimum Tax The table of contents of this Act is as fol- (AMT) imposes tax penalties on the oil pressed in terms of an amendment to, or re- peal of, a section or other provision, the ref- lows: and gas industry. It taxes investment, erence shall be considered to be made to a Sec. 1. Short title; amendment of 1986 Code. not income, and it is more punitive the section or other provision of the Internal Sec. 2. Purposes. less profitable a company is. The Revenue Code of 1986. Sec. 3. Findings. Sec. 4. Table of contents. longer prices are low and profits thin, SEC. 2. PURPOSES. the harsher is the AMT’s impact. The purposes of this Act are— TITLE I—DOMESTIC OIL AND GAS PRO- The bill recognizes that the Oil for (1) to establish a graduated response to DUCTION PRESERVATION PROVISIONS Food program is contributing to the shrinking domestic oil and gas production Sec. 101. Tax credit for marginal domestic depressed oil and gas prices and is and surging foreign oil imports; oil and natural gas well produc- (2) to prevent the abandonment of mar- tion. causing economic hardship for our do- ginal oil and gas wells responsible for half of Sec. 102. Exclusion of certain amounts re- mestic oil and gas producers. To com- the domestic oil and gas production of the ceived from recovered inactive pensate our domestic industry for the United States; wells. economic loss that is being caused by (3) to transform earned tax credits and Sec. 103. Enhanced oil recovery credit ex- this UN policy, the bill would restore other tax benefits into working capital for tended to certain nontertiary percentage depletion to 27.5 percent. It the cash-strapped domestic oil and gas pro- recovery methods. also would include the remaining tax ducers and service companies; TITLE II—DOMESTIC OIL AND GAS (4) to reverse the trend of increased de- provisions included in S. 325 e.g., Al- INDUSTRY CRISIS TAX RELIEF pendence on foreign oil and gas by encour- Sec. 200. Purpose. lows expensing geological and geo- aging exploration and development of oil and Subtitle A—Credits to Cash Provisions physical expenditures Allows producers gas reserves in the United States to achieve to make an election to Expense Delay the goal of doubling current domestic oil and Sec. 201. 10-year carryback for unused min- Rentals payments; and provides an Ex- gas production; and imum tax credit. (5) to provide an emergency procedure for Sec. 202. 10-year carryback for percentage tension of Spudding rule depletion for oil and gas prop- Title III of the bill would be triggered times when foreign imports exceed 60 percent of the total United States crude and oil prod- erty. whenever foreign oil reliance exceeds Sec. 203. 10-year net operating loss uct consumption, thereby recognizing that carryback for losses attrib- 50 percent. The purpose of this title is when imports exceed a statutory level a na- utable to oil servicing compa- to reverse the trend of increased for- tional security threat exists that demands nies and mineral interests of oil eign dependence of oil and gas by en- Presidential action. and gas producers. couraging exploration and development SEC. 3. FINDINGS. Sec. 204. Waiver of limitations. Congress finds the following: of oil and gas reserves here at home in Subtitle B—Hard Times Tax Relief the U.S. Our goal should be to double (1) Foreign oil consumption in the United States is estimated to be equal to 56 percent Sec. 211. Phase-out of certain minimum tax current domestic oil and gas produc- preferences relating to energy tion. of total oil consumption and could reach 68 percent by the year 2010 if current prices pre- production. The bill provides a 20 percent explo- vail. Sec. 212. Depreciation adjustment not to ration and development credit. (2) The number of oil and gas rigs oper- apply to oil and gas assets. Title IV recognizes that 60 percent ating in the United States is at the lowest Sec. 213. Repeal certain adjustments based foreign oil dependence is a national se- count since 1944, when records of this num- on adjusted current earnings curity risk and provides for an emer- ber began to be recorded. relating to oil and gas assets. (3) If oil prices do not increase soon, the Sec. 214. Enhanced oil recovery credit and gency procedure. When foreign imports credit for producing fuel from a exceed 60 percent the President is re- United States could lose at least half of its marginal wells which, in the aggregate, nonconventional source allowed quired to implement an energy secu- produce as much oil as the amount of oil the against minimum tax. rity strategic plan designed to prevent United States imports from Saudi Arabia. Subtitle C—Oil-for-Food Program crude oil and product imports from ex- (4) Oil and gas prices are unlikely to in- Compensating Tax Benefits ceeding 60 percent. I will remind my crease for the next several years. Sec. 220. Purpose.

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0655 E:\BR99\S11MR9.001 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4231 Sec. 221. Increase in percentage depletion for ‘‘(ii) in the case of qualified natural gas and inserting ‘‘, plus’’, and by adding at the stripper wells. production, the Secretary’s estimate of the end the following new paragraph: Sec. 222. Net income limitation on percent- annual average wellhead price per 1,000 cubic ‘‘(13) the marginal oil and gas well produc- age depletion repealed for oil feet for all domestic natural gas. tion credit determined under section and gas properties. ‘‘(c) QUALIFIED CRUDE OIL AND NATURAL 45D(a).’’. Sec. 223. Election to expense geological and GAS PRODUCTION.—For purposes of this sec- (d) CREDIT ALLOWED AGAINST REGULAR AND geophysical expenditures and tion— MINIMUM TAX.— delay rental payments. ‘‘(1) IN GENERAL.—The terms ‘qualified (1) IN GENERAL.—Subsection (c) of section Sec. 224. Extension of Spudding rule. crude oil production’ and ‘qualified natural 38 (relating to limitation based on amount of TITLE II—FOREIGN OIL RELIANCE gas production’ mean domestic crude oil or tax) is amended by redesignating paragraph REVERSAL PROVISIONS natural gas which is produced from a mar- (3) as paragraph (4) and by inserting after Sec. 300. Purpose. ginal well. paragraph (2) the following new paragraph: Sec. 301. Crude oil and natural gas explo- ‘‘(2) LIMITATION ON AMOUNT OF PRODUCTION ‘‘(3) SPECIAL RULES FOR MARGINAL OIL AND ration and development credit. WHICH MAY QUALIFY.— GAS WELL PRODUCTION CREDIT.— TITLE IV—NATIONAL EMERGENCY ‘‘(A) IN GENERAL.—Crude oil or natural gas ‘‘(A) IN GENERAL.—In the case of the mar- PROVISIONS produced during any taxable year from any ginal oil and gas well production credit— well shall not be treated as qualified crude ‘‘(i) this section and section 39 shall be ap- Sec. 400. Purpose. plied separately with respect to the credit, Sec. 401. Duties of the President. oil production or qualified natural gas pro- and Sec. 402. Congressional review. duction to the extent production from the ‘‘(ii) in applying paragraph (1) to the cred- Sec. 403. National security and oil produc- well during the taxable year exceeds 1,095 it— tion actions. barrels or barrel equivalents. ‘‘(I) subparagraphs (A) and (B) thereof shall ‘‘(B) PROPORTIONATE REDUCTIONS.— TITLE I—DOMESTIC OIL AND GAS PRO- not apply, and ‘‘(i) SHORT TAXABLE YEARS.—In the case of DUCTION PRESERVATION PROVISIONS ‘‘(II) the limitation under paragraph (1) (as a short taxable year, the limitations under SEC. 101. TAX CREDIT FOR MARGINAL DOMESTIC modified by subclause (I)) shall be reduced this paragraph shall be proportionately re- OIL AND NATURAL GAS WELL PRO- by the credit allowed under subsection (a) for duced to reflect the ratio which the number DUCTION. the taxable year (other than the marginal oil of days in such taxable year bears to 365. (a) PURPOSE.—The purpose of this section and gas well production credit). ‘‘(ii) WELLS NOT IN PRODUCTION ENTIRE is to prevent the abandonment of marginal ‘‘(B) MARGINAL OIL AND GAS WELL PRODUC- YEAR.—In the case of a well which is not ca- oil and gas wells responsible for half of the TION CREDIT.—For purposes of this sub- domestic production of oil and gas in the pable of production during each day of a tax- section, the term ‘marginal oil and gas well United States. able year, the limitations under this para- production credit’ means the credit allow- (b) CREDIT FOR PRODUCING OIL AND GAS graph applicable to the well shall be propor- able under subsection (a) by reason of sec- FROM MARGINAL WELLS.—Subpart D of part tionately reduced to reflect the ratio which tion 45D(a).’’. IV of subchapter A of chapter 1 (relating to the number of days of production bears to (2) CONFORMING AMENDMENT.—Subclause business credits) is amended by adding at the the total number of days in the taxable year. (II) of section 38(c)(2)(A)(ii) is amended by in- end the following new section: ‘‘(3) DEFINITIONS.— serting ‘‘or the marginal oil and gas well ‘‘SEC. 45D. CREDIT FOR PRODUCING OIL AND GAS ‘‘(A) MARGINAL WELL.—The term ‘marginal production credit’’ after ‘‘employment cred- FROM MARGINAL WELLS. well’ means a domestic well— it’’. ‘‘(a) GENERAL RULE.—For purposes of sec- ‘‘(i) the production from which during the (e) CARRYBACK.—Subsection (a) of section tion 38, the marginal well production credit taxable year is treated as marginal produc- 39 (relating to carryback and carryforward of for any taxable year is an amount equal to tion under section 613A(c)(6), or unused credits generally) is amended by add- the product of— ‘‘(ii) which, during the taxable year— ing at the end the following new paragraph: ‘‘(1) the credit amount, and ‘‘(I) has average daily production of not ‘‘(3) 10-YEAR CARRYBACK FOR MARGINAL OIL ‘‘(2) the qualified crude oil production and more than 25 barrel equivalents, and AND GAS WELL PRODUCTION CREDIT.—In the the qualified natural gas production which is ‘‘(II) produces water at a rate not less than case of the marginal oil and gas well produc- attributable to the taxpayer. 95 percent of total well effluent. tion credit— ‘‘(b) CREDIT AMOUNT.—For purposes of this ‘‘(B) CRUDE OIL, ETC.—The terms ‘crude ‘‘(A) this section shall be applied sepa- section— oil’, ‘natural gas’, ‘domestic’, and ‘barrel’ rately from the business credit (other than ‘‘(1) IN GENERAL.—The credit amount is— have the meanings given such terms by sec- ‘‘(A) $3 per barrel of qualified crude oil pro- the marginal oil and gas well production tion 613A(e). duction, and credit), ‘‘(C) BARREL EQUIVALENT.—The term ‘bar- ‘‘(B) 50 cents per 1,000 cubic feet of quali- ‘‘(B) paragraph (1) shall be applied by sub- rel equivalent’ means, with respect to nat- fied natural gas production. stituting ‘10 taxable years’ for ‘1 taxable ‘‘(2) REDUCTION AS OIL AND GAS PRICES IN- ural gas, a conversion ratio of 6,000 cubic feet years’ in subparagraph (A) thereof, and CREASE.— of natural gas to 1 barrel of crude oil. ‘‘(C) paragraph (2) shall be applied— ‘‘(A) IN GENERAL.—The $3 and 50 cents ‘‘(d) OTHER RULES.— ‘‘(i) by substituting ‘31 taxable years’ for amounts under paragraph (1) shall each be ‘‘(1) PRODUCTION ATTRIBUTABLE TO THE TAX- ‘21 taxable years’ in subparagraph (A) there- reduced (but not below zero) by an amount PAYER.—In the case of a marginal well in of, and which bears the same ratio to such amount which there is more than one owner of oper- ‘‘(ii) by substituting ‘30 taxable years’ for (determined without regard to this para- ating interests in the well and the crude oil ‘20 taxable years’ in subparagraph (B) there- graph) as— or natural gas production exceeds the limita- of.’’ ‘‘(i) the excess (if any) of the applicable tion under subsection (c)(2), qualifying crude (f) COORDINATION WITH SECTION 29.—Sec- reference price over $14 ($1.56 for qualified oil production or qualifying natural gas pro- tion 29(a) is amended by striking ‘‘There’’ natural gas production), bears to duction attributable to the taxpayer shall be and inserting ‘‘At the election of the tax- ‘‘(ii) $3 ($0.33 for qualified natural gas pro- determined on the basis of the ratio which payer, there’’. duction). taxpayer’s revenue interest in the produc- (g) CLERICAL AMENDMENT.—The table of sections for subpart D of part IV of sub- The applicable reference price for a taxable tion bears to the aggregate of the revenue in- chapter A of chapter 1 is amended by adding year is the reference price for the calendar terests of all operating interest owners in at the end the following item: year preceding the calendar year in which the production. the taxable year begins. ‘‘(2) OPERATING INTEREST REQUIRED.—Any ‘‘45D. Credit for producing oil and gas from ‘‘(B) INFLATION ADJUSTMENT.—In the case credit under this section may be claimed marginal wells.’’ of any taxable year beginning in a calendar only on production which is attributable to (h) EFFECTIVE DATE.—The amendments year after 2000, each of the dollar amounts the holder of an operating interest. made by this section shall apply to produc- contained in subparagraph (A) shall be in- ‘‘(3) PRODUCTION FROM NONCONVENTIONAL tion after the date of the enactment of this creased to an amount equal to such dollar SOURCES EXCLUDED.—In the case of produc- Act. amount multiplied by the inflation adjust- tion from a marginal well which is eligible SEC. 102. EXCLUSION OF CERTAIN AMOUNTS RE- ment factor for such calendar year (deter- for the credit allowed under section 29 for CEIVED FROM RECOVERED INAC- mined under section 43(b)(3)(B) by sub- the taxable year, no credit shall be allowable TIVE WELLS. stituting ‘1999’ for ‘1990’). under this section unless the taxpayer elects (a) PURPOSE.—The purpose of this section ‘‘(C) REFERENCE PRICE.—For purposes of not to claim the credit under section 29 with is to encourage producers to reopen wells this paragraph, the term ‘reference price’ respect to the well.’’. that have not been producing oil and gas be- means, with respect to any calendar year— ‘‘(c) CREDIT TREATED AS BUSINESS CRED- cause the wells have been plugged or aban- ‘‘(i) in the case of qualified crude oil pro- IT.—Section 38(b) is amended by striking doned. duction, the reference price determined ‘‘plus’’ at the end of paragraph (11), by strik- (b) IN GENERAL.—Part III of subchapter B under section 29(d)(2)(C), and ing the period at the end of paragraph (12) of chapter 1 (relating to items specifically

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excluded from gross income) is amended by recovery project) is amended to read as fol- (d) CONFORMING AMENDMENT.—Clause (iii) redesignating section 139 as section 140 and lows: of section 43(c)(2)(A) is amended to read as by inserting after section 138 the following ‘‘(i) which involves the application (in ac- follows: new section: cordance with sound engineering principles) ‘‘(iii) with respect to which— ‘‘SEC. 139. OIL OR GAS PRODUCED FROM A RE- of— ‘‘(I) in the case of a tertiary recovery COVERED INACTIVE WELL. ‘‘(I) one or more tertiary recovery methods method, the first injection of liquids, gases, ‘‘(a) IN GENERAL.—Gross income does not (as defined in section 193(b)(3)) which can or other matter commences after December include income attributable to independent reasonably be expected to result in more 31, 1990, and producer oil from a recovered inactive well. than an insignificant increase in the amount ‘‘(II) in the case of a qualified nontertiary ‘‘(b) DEFINITIONS.—For purposes of this sec- of crude oil which will ultimately be recov- recovery method, the implementation of the tion— ered, or method begins after December 31, 1998.’’ ‘‘(1) INDEPENDENT PRODUCER OIL.—The term ‘‘(II) one or more qualified nontertiary re- ‘independent producer oil’ means crude oil or covery methods which are required to re- (e) EFFECTIVE DATE.—The amendments natural gas in which the economic interest cover oil with traditionally immobile char- made by this section shall apply to taxable of the independent producer is attributable acteristics or from formations which have years ending after December 31, 1998. to an operating mineral interest (within the proven to be uneconomical or noncommer- TITLE II—DOMESTIC OIL AND GAS meaning of section 614(d)), overriding roy- cial under conventional recovery methods,’’ INDUSTRY CRISIS TAX RELIEF alty interest, production payment, net prof- (c) QUALIFIED NONTERTIARY RECOVERY SEC. 200. PURPOSE. its interest, or similar interest. METHODS.—Section 43(c)(2) is amended by ‘‘(2) CRUDE OIL AND NATURAL GAS.—The adding at the end the following new subpara- The purpose of this title is to transform terms ‘crude oil’ and ‘natural gas’ have the graphs: earned tax credits and other accumulated tax benefits into working capital for the meanings given such terms by section ‘‘(C) QUALIFIED NONTERTIARY RECOVERY cash-strapped domestic oil and gas producers 613A(e). METHOD.—For purposes of this paragraph— and service companies. ‘‘(3) RECOVERED INACTIVE WELL.—The term ‘‘(i) IN GENERAL.—The term ‘qualified non- ‘recovered inactive well’ means a well if— tertiary recovery method’ means any recov- Subtitle A—Credits to Cash Provisions ‘‘(A) throughout the time period beginning ery method described in clause (ii), (iii), or any time prior to January 15, 1999, and end- SEC. 201. 10-YEAR CARRYBACK FOR UNUSED MIN- (iv), or any combination there of. IMUM TAX CREDIT. ing on such date, such well is inactive or has ‘‘(ii) ENHANCED GRAVITY DRAINAGE (EGD) (a) IN GENERAL.—Section 53(c) of the Inter- been plugged and abandoned, as determined METHODS.—The methods described in this nal Revenue Code of 1986 (relating to limita- by the agency of the State in which such clause are as follows: tion) is amended by adding at the end the well is located that is responsible for regu- ‘‘(I) HORIZONTAL DRILLING.—The drilling of following new paragraph: lating such wells, and horizontal, rather than vertical, wells to ‘‘(B) during the 5-year period beginning on penetrate any hydrocarbon-bearing forma- ‘‘(2) SPECIAL RULE FOR TAXPAYERS WITH UN- the date of the enactment of this section, tion which has an average in situ calculated USED ENERGY MINIMUM TAX CREDITS.— such well resumes producing crude oil or permeability to fluid flow of less than or ‘‘(A) IN GENERAL.—If, during the 10-taxable natural gas. equal to 12 or less millidarcies and which has year period ending with the current taxable ‘‘(4) INDEPENDENT PRODUCER.—The term been demonstrated by use of a vertical year, a taxpayer has an unused energy min- ‘independent producer’ means a producer of wellbore to be uneconomical unless drilled imum tax credit for any taxable year in such crude oil or natural gas whose allowance for with lateral horizontal lengths in excess of period (determined without regard to the ap- depletion is determined under section 1,000 feet. plication of this paragraph to the current 613A(c). ‘‘(II) GRAVITY DRAINAGE.—The production taxable year)— ‘‘(c) DEDUCTIONS.—No deductions directly of oil by gravity flow from drainholes that ‘‘(i) paragraph (1) shall not apply to each of connected with amounts excluded from gross are drilled from a shaft or tunnel dug within the taxable years in such period for which income by subsection (a) shall be allowed. or below the oil-bearing zone. the taxpayer has an unused energy minimum ‘‘(d) ELECTION.— ‘‘(iii) MARGINALLY ECONOMIC RESERVOIR RE- tax credit (as so determined), and ‘‘(1) IN GENERAL.—This section shall apply for any taxable year only at the election of PRESSURIZATION (MERR) METHODS.—The meth- ‘‘(ii) the credit allowable under subsection the taxpayer. ods described in this clause are as follows, (a) for each of such taxable years shall be ‘‘(2) MANNER.—Such election shall be except that this clause shall only apply to equal to the excess (if any) of— made, in accordance with regulations pre- the first 1,000,000 barrels produced in any ‘‘(II) the sum of the regular tax liability scribed by the Secretary, not later than the project: and the net minimum tax for such taxable time prescribed for filing the return (includ- ‘‘(I) CYCLIC GAS INJECTION.—The increase or year, over ing extensions thereof) and shall be made an- maintenance of pressure by injection of hy- ‘‘(II) the sum of the credits allowable under nually on a property-by-property basis.’’ drocarbon gas into the reservoir from which subparts A, B, D, E, and F of this part. it was originally produced. (c) MINIMUM TAX.—Section 56(g)(4)(B) is ‘‘(B) ENERGY MINIMUM TAX CREDIT.—For amended by adding at the end the following ‘‘(II) FLOODING.—The injection of water purposes of this paragraph, the term ‘energy new clause: into an oil reservoir to displace oil from the minimum tax credit’ means the minimum ‘‘(iii) INACTIVE WELLS.—In the case of in- reservoir rock and into the bore of a pro- tax credit which would be computed with re- come attributable to independent producers ducing well. spect to any taxable year if the adjusted net of oil recovered from an inactive well, clause ‘‘(iv) OTHER METHODS.—Any method used to minimum tax were computed by only taking (i) shall not apply to any amount allowable recover oil having an average laboratory into account items attributable to— measured air permeability less than or equal as an exclusion under section 139.’’ ‘‘(i) the taxpayer’s mineral interests in oil to 100 millidarcies when averaged over the (d) CLERICAL AMENDMENT.—The table of and gas property, and sections for part III of subchapter B of chap- productive interval being completed, or an in ‘‘(ii) the taxpayer’s active conduct of a ter 1 is amended by striking the item relat- situ calculated permeability to fluid flow trade or business of providing tools, prod- ing to section 139 and inserting the fol- less than or equal to 12 millidarcies or oil de- ucts, personnel, and technical solutions on a lowing: fined by the Department of Energy as being immobile. contractural basis to persons engaged in oil ‘‘Sec. 139. Oil or gas produced from a recov- and gas exploration and production.’’ ered inactive well. ‘‘(D) AUTHORITY TO ADD OTHER NONTERTIARY (b) CONFORMING AMENDMENTS.—Section ‘‘Sec. 140. Cross references to other Acts.;; RECOVERY METHODS.—The Secretary shall provide procedures under which— 53(c) of such Code (as in effect before the (e) EFFECTIVE DATE.—The amendments ‘‘(i) the Secretary may treat methods not amendment made by subsection (a)) is made by this section shall apply to taxable amended— years ending after the date of the enactment described in clause (ii), (iii), or (iv) of sub- (1) by striking ‘‘The’’ and inserting: of this Act. paragraph (C) as qualified nontertiary recov- ery methods, and ‘‘(1) IN GENERAL.—Except as provided in SEC. 103. ENHANCED OIL RECOVERY CREDIT EX- ‘‘(ii) a taxpayer may request the Secretary TENDED TO CERTAIN NONTERTIARY paragraph (2), the ’’, and RECOVERY METHODS. to treat any method not so described as a (2) by redesignating paragraphs (1) and (2) (A) PURPOSE.—The propose of section is to qualified nontertiary recovery method. as subparagraphs (A) and (B). extend the productive lives of existing do- The Secretary may only specify methods as (c) EFFECTIVE DATE.—The amendments mestic oil and gas wells in order to recover qualified nontertiary recovery methods made by this section shall apply to taxable the 75 percent of the oil and gas that is not under this subparagraph if the Secretary de- years beginning after December 31, 1998, and recoverable using primary oil and gas recov- termines that such specification is con- to any taxable year beginning on or before ery techniques. sistent with the purposes of subparagraph (C) such date to the extent necessary to apply (b) IN GENERAL.—Clause (i) of section and will result in greater production of oil section 53(c)(2) of the Internal Revenue Code 43(c)(2)(A) (defining qualified enhanced oil and natural gas.’’ of 1986 (as added by subsection (a)).

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.001 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4233 SEC. 202. 10-YEAR CARRYBACK FOR PERCENTAGE year, such eligible oil and gas loss shall be a gard to this paragraph) shall be reduced (but DEPLETION FOR OIL AND GAS PROP- net operating loss carryback to each of the not below zero) by the amount which bears ERTY. 10 taxable years preceding the taxable year the same ratio to such amount as— (a) IN GENERAL.—Subsection (d)(1) of sec- of such loss.’’ ‘‘(A) the amount by which the reference tion 613A (relating to limitations on percent- (b) ELIGIBLE OIL AND GAS LOSS.—Section price for the calendar year preceding the cal- age depletion in case of oil and gas wells) is 172 is amended by redesignating subsection endar year in which the taxable year begins amended to read as follows: (j) as subsection (k) and by inserting after exceeds $14, bears to ‘‘(1) LIMITATION BASED ON TAXABLE IN- subsection (i) the following new subsection: ‘‘(B) $3. COME.— ‘‘(j) ELIGIBLE OIL AND GAS LOSS.—For pur- For purposes of this paragraph, the reference ‘‘(A) IN GENERAL.—The deduction for the poses of this section— price for any calendar year shall be deter- taxable year attributable to the application ‘‘(1) IN GENERAL.—The term ‘eligible oil mined under section 29(d)(2)(C) and the $14 of subsection (c) shall not exceed the tax- and gas loss’ means the lesser of— amount under subparagraph (A) shall be ad- payer’s taxable income for the year com- ‘‘(A) the amount which would be the net justed at the same time and in the same puted without regard to— operating loss for the taxable year if only in- manner as under section 43(b)(3). ‘‘(i) any depletion on production from an come and deductions attributable to— ‘‘(3) ALTERNATIVE TAX ENERGY PREFERENCE oil or gas property which is subject to the ‘‘(i) mineral interests in oil and gas wells, DEDUCTION.—For purposes of paragraph (1), provisions of subsection (c), and the term ‘alternative tax energy preference ‘‘(ii) any net operating loss carryback to ‘‘(ii) the active conduct of a trade or busi- deduction’ means an amount equal to the the taxable year under section 172, ness of providing tools, products, personnel, sum of— ‘‘(iii) any capital loss carryback to the tax- and technical solutions on a contractual ‘‘(A) the intangible drilling cost pref- able year under section 1212, and basis to persons engaged in oil and gas explo- erence, and ‘‘(iv) in the case of a trust, any distribu- ration and production, ‘‘(B) the depletion preference. tions to its beneficiary, except in the case of are taken into account, and ‘‘(4) INTANGIBLE DRILLING COST PREF- any trust where any beneficiary of such trust ‘‘(B) the amount of the net operating loss ERENCE.—For purposes of this subsection, the is a member of the family (as defined in sec- for such taxable year. term ‘intangible drilling cost preference’ tion 267(c)(4)) of a settlor who created inter ‘‘(2) COORDINATION WITH SUBSECTION (b)(2).— means the amount by which alternative min- vivos and testamentary trusts for members For purposes of applying subsection (b)(2), an imum taxable income would be reduced if it of the family and such settlor died within eligible oil and gas loss for any taxable year were computed without regard to section the last six days of the fifth month in 1970, shall be treated in a manner similar to the 57(a)(2). and the law in the jurisdiction in which such manner in which a specified liability loss is ‘‘(5) DEPLETION PREFERENCE.—For purposes trust was created requires all or a portion of treated. of this subsection, the term ‘depletion pref- the gross or net proceeds of any royalty or ‘‘(3) ELECTION.—Any taxpayer entitled to a erence’ means the amount by which alter- other interest in oil, gas, or other mineral 10-year carryback under subsection (b)(1)(H) native minimum taxable income would be re- representing any percentage depletion allow- from any loss year may elect to have the duced if it were computed without regard to ance to be allocated to the principal of the carryback period with respect to such loss section 57(a)(1). trust. year determined without regard to sub- ‘‘(6) ALTERNATIVE MINIMUM TAXABLE IN- ‘‘(B) CARRYBACKS AND CARRYFORWARDS.— section (b)(1)(H). Such election shall be made COME.—For purposes of paragraphs (1), (4), ‘‘(i) IN GENERAL.—If any amount is dis- in such manner as may be prescribed by the and (5), alternative minimum taxable income allowed as a deduction for the taxable year Secretary and shall be made by the due date shall be determined without regard to the (in this subparagraph referred to as the ‘un- (including extensions of time) for filing the deduction allowable under this subsection used depletion year’) by reason of applica- taxpayer’s return for the taxable year of the and the alternative tax net operating loss de- tion of subparagraph (A), the disallowed net operating loss. Such election, once made duction under subsection (a)(4). amount shall be treated as an amount allow- for any taxable year, shall be irrevocable for ‘‘(7) REGULATIONS.—The Secretary may by able as a deduction under subsection (c) for— such taxable year.’’ regulation provide for appropriate adjust- ‘‘(I) each of the 10 taxable years preceding (c) EFFECTIVE DATE.—The amendments ments in computing alternative minimum the unused depletion year, and made by this section shall apply to net oper- taxable income or adjusted current earnings ‘‘(II) the taxable year following the unused ating losses for taxable years beginning after for any taxable year following a taxable year depletion year, December 31, 1998, and to any taxable year for which a deduction was allowed under this subject to the application of subparagraph beginning on or before such date to the ex- subsection to ensure that no double benefit (A) to such taxable year. tent necessary to apply section 172(b)(1)(H) of is allowed by reason of such deduction.’’ ‘‘(ii) APPLICABLE RULES.—Rules similar to the Internal Revenue Code of 1986 (as added (b) REPEAL OF LIMIT ON REDUCTION FOR the rules of section 39 shall apply for pur- by subsection (a)). INDEPENDENT PRODUCERS.—Subparagraphs poses of this subparagraph. SEC. 204. WAIVER OF LIMITATIONS. (E) of section 57(a)(2) (relating to exception ‘‘(C) ALLOCATION OF DISALLOWED If refund or credit of any overpayment of for independent producers) is amended to AMOUNTS.—For purposes of basis adjustments tax resulting from the application of the read as follows: and determining whether cost depletion ex- ‘‘(E) EXCEPTION FOR INDEPENDENT PRO- amendments made by this subtitle is pre- ceeds percentage depletion with respect to DUCERS.—In the case of any oil or gas well, vented at any time before the close of the 1- the production from a property, any amount this paragraph shall not apply to any tax- year period beginning on the date of the en- disallowed as a deduction on the application payer which is not an integrated oil com- actment of this Act by the operation of any of this paragraph shall be allocated to the re- pany (as defined in section 291(b)(4)).’’ law or rule of law (including res judicata), spective properties from which the oil or gas (c) EFFECTIVE DATE.—The amendments such refund or credit may nevertheless be was produced in proportion to the percentage made by this section shall apply to taxable made or allowed if claim therefor is filed be- depletion otherwise allowable to such prop- years beginning after, and amounts paid or fore the close of such period. erties under subsection (c).’’ incurred in taxable years after, December 31, ‘‘(b) EFFECTIVE DATE.—The amendment Subtitle B—Hard Times Tax Relief 1998. made by this section shall apply to taxable SEC. 211. PHASE-OUT OF CERTAIN MINIMUM TAX SEC. 212. DEPRECIATION ADJUSTMENT NOT TO years beginning after December 31, 1998, and PREFERENCES RELATING TO EN- APPLY TO OIL AND GAS ASSETS. to any taxable year beginning on or before ERGY PRODUCTION. (a) IN GENERAL.—Subparagraph (B) of sec- such date to the extent necessary to apply (a) ENERGY PREFERENCES FOR INTEGRATED tion 56(a)(1) (relating to depreciation adjust- section 613A(d)(1)(B) of the Internal Revenue OIL COMPANIES.—Section 56 (relating to al- ments) is amended to read as follows: Code of 1986 (as added by subsection (a)). ternative minimum taxable income) is ‘‘(B) EXCEPTIONS.—This paragraph shall SEC. 203. 10-YEAR NET OPERATING LOSS amended by adding at the end the following not apply to— CARRYBACK FOR LOSSES ATTRIB- new subsection: ‘‘(i) property described in paragraph (1), (2), UTABLE TO OIL SERVICING COMPA- ‘‘(h) ADJUSTMENT BASED ON ENERGY PREF- (3), or (4) of section 168(f), or NIES AND MINERAL INTERESTS OF ERENCE.— ‘‘(ii) property used in the active conduct of OIL AND GAS PRODUCERS. ‘‘(1) IN GENERAL.—In computing the alter- the trade or business of exploring for, ex- ‘‘(a) IN GENERAL.—Paragraph (1) of section native minimum taxable income of any tax- tracting, developing, or gathering crude oil 172(b) (relating to years to which loss may be payer which is an integrated oil company (as or natural gas.’’ carried) is amended by adding at the end the defined in section 291(b)(4)) for any taxable (b) CONFORMING AMENDMENT.—Paragraph following new subparagraph: year beginning after 1998, there shall be al- (4)(A) of section 56(g) (relating to adjust- ‘‘(H) LOSSES ON OPERATING MINERAL INTER- lowed as a deduction an amount equal to the ments based on adjusted current earnings) is ESTS OF OIL AND GAS PRODUCERS AND OILFIELD alternative tax energy preference deduction. amended by adding at the end the following SERVICING COMPANIES.—In the case of a tax- ‘‘(2) PHASE-OUT OF DEDUCTION AS OIL PRICES new clause: payer which has an eligible oil and gas loss INCREASES.—The amount of the deduction ‘‘(vi) OIL AND GAS PROPERTY.—In the case of (as defined in subsection (j)) for a taxable under paragraph (1) (determined without re- property used in the active conduct of the

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trade or business of exploring for, extracting, serting ‘‘or the enhanced oil recovery credit’’ ‘‘(j) GEOLOGICAL AND GEOPHYSICAL EXPEND- developing, or gathering crude oil or natural after ‘‘recovery credit’’. ITURES FOR DOMESTIC OIL AND GAS WELLS.— gas, the amount allowable as depreciation or (b) CREDIT FOR PRODUCING FUEL FROM A Notwithstanding subsection (a), a taxpayer amortization with respect to such property NON-CONVENTIONAL SOURCE.— may elect to treat geological and geo- shall be determined in the same manner as (1) ALLOWING CREDIT AGAINST MINIMUM physical expenses incurred in connection for purposes of computing the regular tax.’’ TAX.—Section 29(b)(6) is amended to read as with the exploration for, or development of, (c) EFFECTIVE DATE.—The amendment follows: oil or gas within the United States (as de- made by this section shall apply to property ‘‘(6) APPLICATION WITH OTHER CREDITS.—The fined in section 638) as expenses which are placed in service in taxable years beginning credit allowed by subsection (a) for any tax- not chargeable to capital account. Any ex- after December 31, 1998. able year shall not exceed— penses so treated shall be allowed as a deduc- SEC. 213. REPEAL CERTAIN ADJUSTMENTS ‘‘(A) the regular tax for the taxable year tion in the taxable year in which paid or in- BASED ON ADJUSTED CURRENT and the tax imposed by section 55, reduced curred.’’ EARNINGS RELATING TO OIL AND by (2) CONFORMING AMENDMENT.—Section GAS ASSETS. ‘‘(B) the sum of the credits allowable under 263A(c)(3) is amended by inserting by insert- (a) DEPRECIATION.—Clause (vi) of section subpart A and section 27.’’ ing ‘‘263(j),’’ after ‘‘263(i),’’. 56(g)(4)(A), as added by section 212(b), is (2) CONFORMING AMENDMENTS.— (3) EFFECTIVE DATE.— amended to read as follows: (A) Section 53(d)(1)(B)(iii) is amended by (A) IN GENERAL.—The amendments made ‘‘(vi) OIL AND GAS PROPERTY.—This sub- inserting ‘‘as in effect on the date of the en- by this subsection shall apply to expenses paragraph shall not apply to property used actment of the Domestic Oil and Gas Crisis paid or incurred after the date of the enact- in the active conduct of the trade or business Tax Reliance Reversal Act of 1999,’’ after ment of this Act. of exploring for, extracting, developing, or ‘‘29(b)(6)(B),’’. (B) TRANSITION RULE.—In the case of any gathering crude oil or natural gas.’’ (B) Section 55(c)(2) is amended by striking expenses described in section 263(j) of the In- (b) INTANGIBLE DRILLING COSTS.—Clause (i) ‘‘29(b)(6),’’. ternal Revenue Code of 1986, as added by this of section 56(g)(4)(D) is amended by striking (c) EFFECTIVE DATE.—The amendments subsection, which were paid or incurred on the second sentence and inserting ‘‘In the made by this section shall apply to taxable or before the date of the enactment of this case of any oil or gas well, this clause shall years beginning after December 31, 1998. Act, the taxpayer may elect, at such time not apply in the case of amounts paid or in- Subtitle C—Oil-for-Food Program and in such manner as the Secretary of the curred in taxable years beginning after De- Compensating Tax Benefits Treasury may prescribe, to amortize the unamortized portion of such expenses over cember 31, 1998.’’. SEC. 220. PURPOSE. the 36-month period beginning with the (c) DEPLETION.—Clause (ii) of section The purpose of this subtitle is to provide month in which the date of the enactment of 56(g)(4)(F) is amended to read as follows: compensation to the domestic oil and gas in- this Act occurs. For purposes of this sub- ‘‘(ii) EXCEPTION FOR OIL AND GAS WELLS.—In dustry in the form of tax benefits to offset paragraph, the unamortized portion of any the case of any taxable year beginning after the depressing impact that the Oil-for-Food December 31, 1998, clause (i) (and subpara- expense is the amount remaining Program is having on the world market. unamortized as of the first day of the 36- graph (C)(i)) shall not apply to any deduction SEC. 221. INCREASE IN PERCENTAGE DEPLETION for depletion computed in accordance with month period. FOR STRIPPER WELLS. (c) ELECTION TO EXPENSE DELAY RENTAL section 613A.’’ (a) IN GENERAL.—Subparagraph (C) of sec- PAYMENTS.— (d) EFFECTIVE DATE.—The amendments tion 613A(c)(6) (relating to oil and natural (1) IN GENERAL.—Section 263 (relating to made by this section shall apply to taxable gas produced from marginal properties) is capital expenditures), as amended by sub- years beginning after December 31, 1998. amended— section (b)(1), is amended by adding at the SEC. 214. ENHANCED OIL RECOVERY CREDIT AND (1) by striking ‘‘25 percent’’ and inserting end the following new subsection: CREDIT FOR PRODUCING FUEL ‘‘27.5 percent’’ in the matter preceding clause ‘‘(k) DELAY RENTAL PAYMENTS FOR DOMES- FROM A NONCONVENTIONAL (i); and TIC OIL AND GAS WELLS.— SOURCE ALLOWED AGAINST MIN- (2) by striking ‘‘$20’’ and inserting ‘‘$28’’ in ‘‘(1) IN GENERAL.—Notwithstanding sub- IMUM TAX. clause (ii). section (a), a taxpayer may elect to treat (a) ENHANCED OIL RECOVERY CREDIT AL- (b) EFFECTIVE DATE.—The amendments delay rental payments incurred in connec- LOWED AGAINST REGULAR AND MINIMUM made by this section shall apply to taxable tion with the development of oil or gas with- TAX.— years beginning after December 31, 1998. in the United States (as defined in section (1) ALLOWING CREDIT AGAINST MINIMUM SEC. 222. NET INCOME LIMITATION ON PERCENT- 638) as payments which are not chargeable to TAX.—Subsection (c) of section 38 (relating to AGE DEPLETION REPEALED FOR OIL capital account. Any payments so treated limitation based on amount of tax), as AND GAS PROPERTIES. shall be allowed as a deduction in the tax- amended by section 101(d), is amended by re- (a) IN GENERAL.—Section 613(a) (relating to able year in which paid or incurred. designating paragraph (4) as paragraph (5) percentage depletion) is amended by striking ‘‘(2) DELAY RENTAL PAYMENTS.—For pur- and by inserting after paragraph (3) the fol- the second sentence and inserting: ‘‘Except poses of paragraph (1), the term ‘delay rental lowing new paragraph: in the case of oil and gas properties, such al- payment’ means an amount paid for the ‘‘(4) SPECIAL RULES FOR ENHANCED OIL RE- lowance shall not exceed 50 percent of the privilege of deferring development of an oil COVERY CREDIT.— taxpayer’s taxable income from the property or gas well.’’ ‘‘(A) IN GENERAL.—In the case of the en- (computed without allowances for deple- (2) CONFORMING AMENDMENT.—Section hanced oil recovery credit— tion).’’ 263A(c)(3), as amended by subsection (b)(2), is ‘‘(i) this section and section 39 shall be ap- (b) CONFORMING AMENDMENTS.— amended by inserting ‘‘263(k),’’ after plied separately with respect to the credit, (1) Section 613A(c)(7) (relating to special ‘‘263(j),’’. and rules) is amended by striking subparagraph (3) EFFECTIVE DATE.— ‘‘(ii) in applying paragraph (1) to the cred- (C) and redesignating subparagraph (D) as (A) IN GENERAL.—The amendments made it— subparagraph (C). by this subsection shall apply to payments ‘‘(I) subparagraphs (A) and (B) thereof shall (2) Section 613A(c)(6) (relating to oil and made or incurred after the date of the enact- not apply, and natural gas produced from marginal prop- ment of this Act. ‘‘(II) the limitation under paragraph (1) (as erties) is amended by striking subparagraph (B) TRANSITION RULE.—In the case of any modified by subclause (I)) shall be reduced (H). payments described in section 263(k) of the by the credit allowed under subsection (a) for (c) EFFECTIVE DATE.—The amendments Internal Revenue Code of 1986, as added by the taxable year (other than the enhanced made by this section shall apply to taxable this subsection, which were made or incurred oil recovery credit). years beginning after December 31, 1998. on or before the date of the enactment of ‘‘(B) ENHANCED OIL RECOVERY CREDIT.—For SEC. 223. ELECTION TO EXPENSE GEOLOGICAL this Act, the taxpayer may elect, at such purposes of this subsection, the term ‘en- AND GEOPHYSICAL EXPENDITURES time and in such manner as the Secretary of hanced oil recovery credit’ means the credit AND DELAY RENTAL PAYMENTS. the Treasury may prescribe, to amortize the allowable under subsection (a) by reason of (a) PURPOSE.—The purpose of this section unamortized portion of such payments over section 43(a).’’. is to recognize that geological and geo- the 36-month period beginning with the (2) CONFORMING AMENDMENTS.— physical expenditures and delay rentals are month in which the date of the enactment of (A) Subclause (II) of section 38(c)(2)(A)(ii), ordinary and necessary business expenses this Act occurs. For purposes of this sub- as amended by section 101(d), is amended by that should be deducted in the year the ex- paragraph, the unamortized portion of any striking ‘‘or the marginal oil and gas well pense is incurred. payment is the amount remaining production credit’’ and inserting ‘‘, the mar- (b) ELECTION TO EXPENSE GEOLOGICAL AND unamortized as of the first day of the 36- ginal oil and gas well production credit, or GEOPHYSICAL EXPENDITURES.— month period. the enhanced oil recovery credit’’. (1) IN GENERAL.—Section 263 (relating to SEC. 224. EXTENSION OF SPUDDING RULE. (B) Subclause (II) of section 38(c)(3)(A)(ii), capital expenditures) is amended by adding (a) IN GENERAL.—Section 461(i)(2)(A) (relat- as added by section 101(d), is amended by in- at the end the following new subsection: ing to special rule for spudding of oil or gas

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.001 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4235 wells) is amended by striking ‘‘90th day’’ and under part IV (other than section 43 of this by the Secretary, rules similar to the rules inserting ‘‘180th day’’. section). of subsection (d) of section 52 shall apply. (b) EFFECTIVE DATE—The amendment made ‘‘(2) APPLICATION OF THE CREDIT.—Each of ‘‘(3) ADJUSTMENTS FOR CERTAIN ACQUISI- by this section shall apply to taxable years the following amounts shall be reduced by TIONS AND DISPOSITIONS.—Under regulations beginning after December 31, 1998. the full amount of the credit determined prescribed by the Secretary, rules similar to TITLE III—FOREIGN OIL RELIANCE under paragraph (1): the rules contained in section 41(f)(3) shall REVERSAL PROVISIONS ‘‘(A) the taxpayer’s tentative minimum tax apply with respect to the acquisition or dis- under section 55(b) for the taxable year, and position of a taxpayer. SEC. 300. PURPOSE. ‘‘(B) the taxpayer’s regular tax liability (as ‘‘(4) SHORT TAXABLE YEARS.—In the case of The purpose of this title is to reverse the defined in section 26(b)) reduced by the sum any short taxable year, qualified investment trend of increased foreign dependence of oil of the credits allowable under part IV (other expenses shall be annualized in such cir- and gas by encouraging exploration and de- than section 43 of this section). cumstances and under such methods as the velopment of oil and gas reserves in the If the amount of the credit determined under Secretary may prescribe by regulation. United States to achieve the goal of doubling paragraph (1) exceeds the amount described ‘‘(5) DENIAL OF DOUBLE BENEFIT.— current domestic oil and gas production. in subparagraph (B) of paragraph (2), then ‘‘(A) DISALLOWANCE OF DEDUCTION.—Any ‘‘SEC. 301. CRUDE OIL AND NATURAL GAS EXPLO- the excess shall be deemed to be the adjusted deduction allowable under this chapter for RATION AND DEVELOPMENT CRED- net minimum tax for such taxable year for any costs taken into account in computing IT. purposes of section 53. the amount of the credit determined under (a) CRUDE OIL AND NATURAL GAS EXPLO- ‘‘(3) CARRYBACK AND CARRYFORWARD OF UN- subsection (a) shall be reduced by the RATION AND DEVELOPMENT CREDIT.—Subpart USED CREDIT.— amount of such credit attributable to such B of part IV of subchapter A of chapter 1 is ‘‘(A) IN GENERAL.—If the amount of the costs. amended by adding at the end the following credit allowed under subsection (a) for any ‘‘(B) BASIS ADJUSTMENTS.—For purposes of new section: taxable year exceeds the limitation under this subtitle, if a credit is determined under ‘‘SEC. 30B. CRUDE OIL AND NATURAL GAS EXPLO- paragraph (1) for such taxable year (here- this section for any expenditure with respect RATION AND DEVELOPMENT CRED- after in this paragraph referred to as the ‘un- to any property, the increase in the basis of IT. used credit year’), such excess shall be— such property which would (but for this sub- ‘‘(a) GENERAL RULE.—The crude oil and ‘‘(i) an oil and gas exploration and develop- section) result from such expenditures shall natural gas exploration and development ment credit carryback to each of the 3 tax- be reduced by the amount of the credit so al- credit determined under this section for any able years preceding the unused credit year, lowed.’’ applicable taxable year shall be an amount and (b) CLERICAL AMENDMENT.—The table of equal to the sum of— ‘‘(ii) an oil and gas exploration and devel- sections for subpart B of part IV of sub- ‘‘(1) 20 percent of so much of the taxpayer’s opment credit carryforward to each of the 15 chapter A of chapter 1 is amended by adding qualified investment for the taxable year as taxable years following the unused credit at the end thereof the following new item: does not exceed $1,000,000, plus year, ‘‘Sec. 30B. Crude oil and natural gas explo- ‘‘(2) 10 percent of so much of such qualified and shall be added to the amount allowable ration and development cred- investment for the taxable year as exceeds as a credit under subsection (a) for such it.’’ $1,000,000. years, except that no portion of the unused (c) EFFECTIVE DATE.—The amendments ‘‘(b) APPLICALE TAXABLE YEAR.—For pur- oil and gas exploration and development made by this section shall apply to expenses poses of subsection (a)— credit for any taxable year may be carried to ‘‘(1) IN GENERAL.—The term ‘applicable paid or incurred in taxable years beginning a taxable year ending before the date of the after December 31, 1998. taxable year’ means any taxable year begin- enactment of this section. TITLE IV—NATIONAL SECURITY ning in a calendar year during which the im- ‘‘(B) LIMITATIONS.—The amount of the un- EMERGENCY PROVISIONS ports of foreign crude and oil product are de- used credit which may be taken into account termined by the Secretary of Energy to ex- under subparagraph (A) for any succeeding SEC. 400. PURPOSE. ceed 50 percent of the amount of United taxable year shall not exceed the amount by The purpose of this title is to recognize States crude and oil product consumption for which the limitation provided by paragraph that a national security threat exists when such year. (1) for such taxable year exceeds the sum of— foreign crude oil, oil product, and natural ‘‘(2) DETERMINATION.—A determination ‘‘(i) the credit allowable under subsection gas imports exceed 60 percent of United under paragraph (1) shall be made not later (a) for such taxable year, and States oil and gas consumption and to create than March 1 of each year with respect to ‘‘(ii) the amounts which, by reason of this an emergency procedure to address that the preceding calendar year. paragraph, are added to the amount allow- threat. ‘‘(c) QUALIFIED INVESTMENT.—For purposes able for such taxable year and which are at- SEC. 401. DUTIES OF THE PRESIDENT. of this section, the term ‘qualified invest- tributable to taxable years preceding the un- (a) ESTABLISHMENT OF CEILING.—The Presi- ment’ means amounts paid or incurred by a used credit year. dent shall establish a National Security En- taxpayer— ‘‘(e) SPECIAL RULES.—For purposes of this ergy Independence Ceiling (Referred to in ‘‘(1) for the purpose of ascertaining the ex- section— this title as the ‘‘ceiling level’’) which shall istence, location, extent, or quality of any ‘‘(1) AGGREGATION OF QUALIFIED INVEST- represent a ceiling level beyond which for- crude oil or natural gas deposit, including MENT EXPENSES.— eign crude oil, oil product, and natural gas core testing and drilling test wells located in ‘‘(A) CONTROLLED GROUPS; COMMON CON- imports as a share of United States crude the United States or in a possession of the TROL.—In determining the amount of the and oil product consumption shall not rise. United States as defined in section 638, or credit under this section, all members of the (b) LEVEL OF CEILING.—The ceiling level es- ‘‘(2) for the purpose of developing a prop- same controlled group of corporations (with- tablished under subsection (a) shall not ex- erty (located in the United States or in a in the meaning of section 52(a)) and all per- ceed 60 percent of United States crude oil, oil possession of the United States as defined in sons under common control (within the product, and natural gas consumption for section 638) on which there is a reservoir ca- meaning of section 52(b)) shall be treated as any annual period. pable of commercial production and such a single taxpayer for purposes of this sec- (c) REPORT.— amounts are paid or incurred in connection tion. (1) CONTENTS.— with activities which are intended to result ‘‘(B) APPORTIONMENT OF CREDIT.—The cred- (A) IN GENERAL.—The President shall pre- in the recovery of crude oil or natural gas on it (if any) allowable by this section to mem- pare and submit an annual report to Con- such property. bers of any group (or to any person) de- gress containing a national security projec- ‘‘(d) LIMITATION BASED ON AMOUNT OF scribed in subparagraph (A) shall be such tion for energy independence (in this title re- TAX.— member’s or person’s proportionate share of ferred to as the ‘‘projection’’), which shall ‘‘(1) LIABILITY FOR TAX.—The credit allow- the qualified investment expenses giving rise contain a forecast of domestic oil and liquid able under subsection (a) for any taxable to the credit determined under regulations natural gas (commonly known as ‘‘NGL’’) de- year shall not exceed the excess (if any) of— prescribed by the Secretary. mand and production, and imports of crude ‘‘(A) the sum of— ‘‘(2) PARTNERSHIPS, S CORPORATIONS, ES- oil, oil product, and natural gas, for the sub- ‘‘(i) the taxpayer’s tentative minimum tax TATES AND TRUSTS.— sequent 3 years. liability under section 55(b) for such taxable ‘‘(A) PARTNERSHIPS AND S CORPORATIONS.— (B) REQUIRED ADJUSTMENTS.—The projec- year determined without regard to this sec- In the case of a partnership, the credit shall tion shall contain appropriate adjustments tion, plus be allocated among partners under regula- for expected price and production changes. ‘‘(ii) the taxpayer’s regular tax liability for tions prescribed by the Secretary. A similar (2) PRESENTATION.—The projection pre- such taxable year (as defined in section rule shall apply in the case of an S corpora- pared under paragraph (1) shall be presented 26(b)), over tion and its shareholders. to Congress with the Budget. ‘‘(B) the sum of the credits allowable ‘‘(B) PASS-THRU IN THE CASE OF ESTATES (3) CERTIFICATION.—The President shall against the taxpayer’s regular tax liability AND TRUSTS.—Under regulations prescribed certify in the report whether foreign crude

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.002 S11MR9 4236 CONGRESSIONAL RECORD—SENATE March 11, 1999 oil, oil product, and natural gas imports will count since 1944, when records of this tally C. Tax benefits to offset the depressing impact exceed the ceiling level for any year during began. on oil prices that the Food for Oil Program the 3 years succeeding the date of the report. (3) If prices do not increase soon, the U.S. is having SEC. 402. CONGRESSIONAL REVIEW. could lose at least half of its marginal wells (221) Restore percentage depletion to 27.5 (a) REVIEW.—Congress shall have 10 contin- which in aggregate produce as much oil as percent. uous session days after submission of each we import from Saudi Arabia; (222) Repeal net income limitation on per- projection under section 401 to review the (4) Oil and gas prices are unlikely to in- centage depletion. projection and make a determination wheth- crease for at least several years; (223) Allow Expensing geological and geo- er the ceiling level will be violated within 3 (5) Declining production, well abandon- physical expenditures. years. ment and greatly reduced exploration and (223) Allow Election to Expense Delay (b) CERTIFICATION BINDING.—Unless dis- development are shrinking the domestic oil Rentals payments. approved or modified by joint resolution, the and gas industry; (224) Extension of Spudding rule. Presidential certification shall be binding 10 (6) The world’s richest oil producing re- TITLE III—FOREIGN OIL RELIANCE RE- session days after submitted to Congress. gions in the Middle East are experiencing VERSAL PROVISIONS TRIGGERED SEC. 403. NATIONAL SECURITY AND OIL AND GAS greater political instability; WHEN IMPORTS EXCEED 50 PERCENT PRODUCTION ACTIONS. (7) U.N. policy may make Iraq the swing (300) Purpose: To reverse the trend of in- (a) NATIONAL SECURITY AND OIL AND GAS oil producing nation, thereby granting creased foreign dependence of oil and gas by PRODUCTION POLICY.— Saddem Hussein a tremendous amount of encouraging exploration and development of (1) SUBMISSION.—Upon certification under power; oil and gas reserves in the U.S. to achieve section 401(c)(3) that the ceiling level will be (8) Reliance on foreign oil for more than 60 the goal of doubling current domestic oil and exceeded, the President shall, within 90 days, percent of our daily oil and gas consumption gas production. submit a National Security and Oil and Gas is a national security threat; (301) 20 percent exploration and develop- Production Policy (in this section referred to (9) the level of the United States energy se- ment credit when imports exceed 50 percent. as the ‘‘policy’’) to Congress. The policy curity is directly related to the level of do- shall prevent crude oil, oil product, and nat- mestic production of oil, natural gas liquids, TITLE IV—NATIONAL SECURITY EMER- ural gas imports from exceeding the ceiling and natural gas; and GENCY WHEN IMPORTS EXCEED 60 PER- level. (10) a national security policy should be de- CENT (2) APPROVAL.—Unless disapproved or veloped which ensures that adequate supplies (400) Purpose: To provide an emergency modified by joint resolution, the policy shall of oil shall be available at all times free of procedure when foreign imports exceed 60 be effective 90 session days after submitted the threat of embargo or other foreign hos- percent to require the President to imple- to Congress. tile acts. ment an energy security strategic plan to de- (b) CONTENTS OF POLICY.—The National Se- SEC. 4. TABLE OF CONTENTS. signed to prevent crude and product imports curity and Oil Production Policy may in- TITLE I—DOMESTIC OIL AND GAS PRO- from exceeding 60 percent. clude— (401) Duties of the President. DUCTION PRESERVATION PROVISIONS (1) energy conservation actions, including (402) Congressional Review of the Strategic improved fuel efficiency for automobiles; (101(a)) Purpose: To prevent the abandon- plan proposed by the President. (2) expansion of the Strategic Petroleum ment of marginal oil and gas wells respon- (403) Energy Security strategic plan and Reserves to maintain a larger cushion sible for half of U.S. Domestic production course of action. against projected oil import blockages; (101) Tax credit to prolong marginal do- (3) additional production incentives for do- mestic oil and gas well production. By Mr. SMITH of New Hampshire ( ) Expand definition of marginal well to mestic oil and gas, including tax and other (for himself, Mr. INHOFE, Mr. incentives for stripper well production, off- include high water content wells. BURNS, Mr. ENZI, and Mr. MUR- shore, frontier, and other oil produced with (102) Exclusion of certain amounts received tertiary recovery techniques; from the production of wells reopened after KOWSKI): (4) regulatory burden relief; and they have been plugged or abandoned. S. 597. A bill to amend section 922 of (5) other policy initiatives designed to (103) Tax credits to prolong domestic oil chapter 44 of title 28, United States lower foreign import reliance. and gas well production through secondary Code, to protect the right of citizens and other nontertiary recovery methods in under the Second Amendment to the DOMESTIC OIL AND GAS CRISIS TAX RELIEF order to produce the remaining 75 percent of Constitution of the United States; to AND FOREIGN OIL RELIANCE REVERSAL ACT oil and gas that is not recoverable using pri- the Committee on the Judiciary. OF 1999 mary methods. SECOND AMENDMENT RIGHTS PROTECTION ACT SEC. 2. PURPOSES. TITLE II—DOMESTIC OIL AND GAS IN- OF 1999 To establish a graduated response to DUSTRY CRISIS TAX RELIEF TRIG- shrinking domestic oil and gas production GERED WHEN PRICE OF OIL IS BELOW Mr. SMITH of New Hampshire. Mr. and surging foreign oil imports; $15 A BARREL President, I rise to introduce the ‘‘Sec- To prevent the abandonment of marginal A. Credits to cash provisions ond Anendment Rights Protection Act oil and gas wells responsible for half of U.S. of 1999.’’ I am pleased and honored that (200) Purpose: To transform earned tax domestic production; credits and other accumulated tax benefits Senators INHOFE, BURNS, ENZI, and To transform earned tax credits and other into working capital for the cash-strapped MURKOWSKI are joining me as original benefits into working capital for the cash- domestic oil and gas producers and service cosponsors. strapped domestic oil and gas producers and companies. Mr. President, the Second Amend- service companies; (201) Ten year carry-back for unused AMT To compensate U.S. producers for the hard- ment Rights Protection Act of 1999 en- credits for oil and gas producers and serv- ship the Oil for Food program is causing compasses all of the provisions of the icing firms. them; Smith Amendment, which passed the To reverse the trend of increased foreign (202) Ten year carry-back for unused per- Senate by a vote of 69–31 on July 21, centage depletion for oil and gas producers. oil and gas dependence by encouraging explo- 1998, during consideration of the Com- ration and development of oil and gas re- ( ) Repeal 65 percent of net rule. (203) Ten year carry-back for NOLs for pro- merce, Justice, State appropriations serves in the U.S. to achieve the goal of dou- bill for fiscal year 1999. Only a substan- bling current domestic oil and gas produc- ducers and servicing firms. tion; B. Hard times tax relief when price of oil is less tially modified version of the Smith To provide an emergency procedure when than $14 a barrel amendment was included in the final foreign imports exceed 60 percent, thereby (211) Remove IDCs as AMT tax preference omnibus appropriations measure. recognizing that when imports exceed a Con- in any year when price of oil is less than $14 The National Instant Criminal Back- gressionally legislated peril point, a national a barrel (Phased out when oil prices hit $17). ground Check System (NICS) went into security threat exists that demands Presi- (212) Eliminate the depreciation adjust- effect on December 1, 1998. My bill dential action. ment under the AMT for oil and gas assets so would require the immediate destruc- SEC. 3. FINDINGS. that the depreciation schedules for the reg- tion of all information submitted by (a) FINDINGS.—The Congress finds that— ular tax is also used for AMT. any person who has been cleared by the (1) U.S. foreign oil consumption is esti- (213) Eliminate the Adjusted Current Earn- mated at 56 percent and could reach 68 per- ings adjustment (ACE) as it applies to IDCs. NICS to purchase a firearm. There is cent by 2010 if current prices prevail. (214) Permit EOR credit and Section 29 no reason why such private informa- (2) The number of oil and gas rigs oper- credit to reduce the Alternative Minimum tion on law-abiding gun owners should ating in the United States is at the lowest Tax. be retained. I continue to be troubled

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.002 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4237 by the Clinton administration’s insist- farmland is lost to urbanization. This 3830 note; Public Law 104–127) is amended to ence upon doing so. is land that produces three-quarters of read as follows: In addition, Mr. President, my bill America’s fruits and vegetables, and ‘‘SEC. 388. FARMLAND PROTECTION PROGRAM. would prohibit the imposition of any more than half of our dairy products. ‘‘(a) DEFINITION OF ELIGIBLE ENTITY.—In tax or fee in connection with the NICS. While state and local governments this section, the term ‘eligible entity’ Once again, in his budget submission have taken the lead in preservation ef- means— for fiscal year 2000, President Clinton is forts, the demand for assistance con- ‘‘(1) any agency of any State or local gov- ernment, or federally recognized Indian seeking to fund NICS with a gun tax. tinues to grow. tribe; and With the Smith amendment last Considering the importance of agri- ‘‘(2) any organization that— year, we told President Clinton ‘‘no’’ to culture to our nation, and to genera- ‘‘(A) is organized for, and at all times since the gun tax. Let us tell him ‘‘no’’ tions of families throughout our coun- its formation has been operated principally again, once and for all, by enacting the try, I was proud to take a lead role in for, 1 or more of the conservation purposes Second Amendment Rights Protection the United States Senate to assist specified in clause (i), (ii), or (iii) of section Act. farmers and communities in con- 170(h)(4)(A) of the Internal Revenue Code of Finally, Mr. President, my bill would fronting the obstacle of growing pres- 1986; ‘‘(B) is an organization described in section create a private cause of action for any sure on the use of farmland. As such, I, 501(c)(3) of the Code that is exempt from tax- individual who is aggrieved by a viola- with the support of many Senate col- ation under section 501(a) of the Code; and tion of its provisions. leagues, established the Federal Farm- ‘‘(C)(i) is described in section 509(a)(2) of Mr. President, I ask unanimous con- land Protection Program to stem the the Code; or sent for the printing of the text of my loss of valuable farmland, and to pro- ‘‘(ii) is described in section 509(a)(3) of the bill, the Second Amendment Rights vide states with adequate tools to ac- Code and is controlled by an organization de- Protection Act of 1999, in the RECORD. complish that goal. Those efforts re- scribed in section 509(a)(2) of the Code. There being no objection, the bill was sulted in a $35 million authorization in ‘‘(b) AUTHORITY.—The Secretary of Agri- culture shall establish and carry out a farm- ordered to the printed in the RECORD, the 1996 Farm Bill. land protection program under which the as follows: This money has been used to help Secretary shall provide grants to eligible en- S. 597 states leverage dollars in order to pur- tities, to provide the Federal share of the Be it enacted by the Senate and House of Rep- chase development rights, and keep cost of purchasing conservation easements resentatives of the United States of America in productive farmland in use—all or other interests in land with prime, Congress assembled, through voluntary efforts. In just three unique, or other productive soil for the pur- SECTION 1. SHORT TITLE. short years, the funds were exhausted pose of protecting topsoil by limiting non- This Act may be cited as the ‘‘Second due to the overwhelming response by agricultural uses of the land. Amendment Rights Protection Act of 1999.’’ farmers and state governments. In fact, ‘‘(c) ELIGIBLE ENTITIES.—The Secretary may provide a grant to an eligible entity de- SEC. 2. PROTECTION OF SECOND AMENDMENT by the end of fiscal year 1997 the origi- RIGHTS. scribed in subsection (a)(2) for the purchase nal $35 million authorization had been of a conservation easement or other interest Subsection (t) of section 922 of chapter 44 spent, and the demand outstripped of Title 18, United States Code, is amended in land within the jurisdiction of a State or by inserting at the end thereof the following funding availability by 900 percent. local government or federally recognized In- new paragraph: The legislation that I’m introducing dian tribe only if the appropriate agency of ‘‘(7) None of the funds appropriated pursu- today, the Farmland Protection Act of the State or local government or the feder- ant to any provision of law may be used for 1999, would provide a $50 million per ally recognized Indian tribe does not operate (1) any system to implement this subsection year authorization for the much-need- a farmland protection program. that does not require and result in the imme- ed funds to carry out the important ‘‘(d) FEDERAL SHARE.—The Federal share of diate destruction of all information, in any the cost of purchasing a conservation ease- work of farmland preservation. In addi- ment or other interest described in sub- form whatsoever, submitted by or on behalf tion, my bill would allow non-profit or- of any person who has been determined not section (b) shall be not more than 50 percent. be prohibited from owning a firearm; (2) the ganizations to participate in the pro- ‘‘(e) CONSERVATION PLAN.—Any land for implementation or collection of any tax or gram—where there is no established which a conservation easement or other in- fee by any officer, agent, or employee of the government program—as they are cur- terest is purchased under this section shall United States, or by any state or local offi- rently precluded from doing so in cer- be subject to the requirements of a conserva- cer or agent acting on behalf of the United tain states. tion plan that requires, at the option of the States, in connection with the implementa- Mr. President, I am proud to intro- Secretary, the conversion of the land to less intensive uses. tion of this subsection, provided, that any duce this legislation that will enable us ‘‘(f) RANKING CRITERIA.—The Secretary person aggrieved by a violation of this provi- to take another giant step forward in sion may bring an action in the Federal dis- shall consult with appropriate agencies of trict court for the district in which the per- protecting a valuable resource to many States and local governments and federally son resides; provided further, that any per- Americans. To date, nineteen states recognized Indian tribes in developing cri- son who is successful with respect to any have capitalized on this opportunity to teria for ranking applications for grants such action shall receive damages, punitive augment their preservation efforts, and under this section. damages, and such other remedies as the hopefully, the Farmland Protection ‘‘(g) FUNDING.—For each fiscal year, the court may determine to be appropriate, in- Act of 1999 will give more states the Secretary shall use not more than $50,000,000 cluding a reasonable attorney’s fee.’’ tools to assist their local farming com- of the funds of the Commodity Credit Cor- poration to carry out this section.’’. munity. By Mr. SANTORUM: Mr. President, I ask unanimous con- S. 598. A bill to amend the Federal By Mr. CHAFEE (for himself, Mr. sent that a copy of the bill be printed Agriculture Improvement and Reform HATCH, Mr. COCHRAN, Ms. in the RECORD. Act of 1996 to improve the farmland SNOWE, Mr. ROBERTS, Mr. SPEC- There being no objection, the bill was protection program; to the Committee TER, and Ms. COLLINS): ordered to be printed in the RECORD, as on Agriculture, Nutrition, and For- S. 599. A bill to amend the Internal follows: estry. Revenue Code of 1986 to provide addi- S. 598 FARMLAND PROTECTION ACT OF 1999 tional tax relief to families to increase Be it enacted by the Senate and House of Rep- the affordability of child care, and for Mr. SANTORUM. Mr. President, I resentatives of the United States of America in rise today to introduce legislation that other purposes; to the Committee on Congress assembled, Finance. would reauthorize the Farmland Pro- SECTION 1. SHORT TITLE. tection Program that was originally This Act may be cited as the ‘‘Farmland THE CARING FOR CHILDREN ACT authorized with passage of the 1996 Protection Act of 1999’’. Mr. CHAFEE. Mr. President, I am Farm Bill. SEC. 2. FARMLAND PROTECTION PROGRAM. pleased today to introduce the Caring Every year more than one million Section 388 of the Federal Agriculture Im- for Children Act, legislation to help all acres of our nation’s most productive provement and Reform Act of 1996 (16 U.S.C. families with their child care needs.

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.002 S11MR9 4238 CONGRESSIONAL RECORD—SENATE March 11, 1999 I want to thank my colleagues who through the Tax Code alone. Many low- TITLE II—ENCOURAGING QUALITY CHILD have worked so hard to put this bill to- income families do not have taxable in- CARE gether. Senator HATCH, who was a lead- come, and therefore cannot benefit Subtitle A—Dissemination of Information er in the development of the child care from a tax credit. The Child Care and About Quality Child Care block grant, and is always a stalwart Development Block Grant (CCDBG) Sec. 201. Collection and dissemination of in- supporter of children. Senator SNOWE, provides critical funding to help these formation. who has worked on this issue for many lower-income families—and I have been Sec. 202. Grants for the development of a child care training infrastruc- years. Senator ROBERTS, who has taken a strong supporter of the program. Rec- ture. an active interest in this issue. Senator ognizing the critical role CCDBG plays Sec. 203. Authorization of appropriations. SPECTER, who made an enormous con- in subsidizing daycare for low-income Subtitle B—Increased Enforcement of State tribution to the development of this families in the states, our proposal Health and Safety Standards bill. And Senators SUSAN COLLINS and doubles the block grant over a five- Sec. 211. Enforcement of State health and THAD COCHRAN, who we are very fortu- year period. safety standards. nate to have on our child care proposal. Of course, the problem with child Subtitle C—Removal of Barriers to Our proposal is straightforward and care is not limited to just afford- Increasing the Supply of Quality Child Care far-reaching. It makes the current ability. Many parents cannot find an Sec. 221. Increased authorization of appro- child care credit more equitable for available child care slot. Our proposal priations for the Child Care and lower and middle income families. And, addresses this issue of accessibility by Development Block Grant Act. for the first time, makes the credit providing a tax credit to businesses to Sec. 222. Small business child care grant available to families where one parent build or renovate on or near-site child program. Sec. 223. GAO report regarding the relation- stays at home to care for the children. care centers for their employees. That is a critical step and an impor- ship between legal liability con- Finally, there is the issue of quality tant change for families across Amer- cerns and the availability and daycare. Parents cannot be productive ica. affordability of child care. Raising children in today’s world is a in the workplace if they are constantly Subtitle D—Quality Child Care Through true challenge. In many families, both worrying about the health and safety Federal Facilities and Programs parents must work in order to support of their children in daycare. We have Sec. 231. Providing quality child care in the family. Often, the child care ex- all read the horrifying stories in the Federal facilities. penses consume all or most of one par- newspapers about daycare facilities TITLE I—TAX RELIEF TO INCREASE CHILD ent’s income. How often do we hear the that are unsafe or unsanitary, about CARE AFFORDABILITY refrain, particularly from women, that the poor record of enforcement of SEC. 101. EXPANSION OF DEPENDENT CARE TAX after they pay for day care, there is lit- standards in many states. CREDIT. (a) PERCENTAGE OF EMPLOYMENT-RELATED tle or nothing left of their wages. While we acknowledge that the fed- EXPENSES DETERMINED BY TAXPAYER STA- Another common complaint is from eral government should not be setting TUS.—Section 21(a)(2) of the Internal Rev- parents who desperately want to stay standards for daycare providers, we do enue Code of 1986 (defining applicable per- home and raise their children them- believe the states should set at least centage) is amended to read as follows: selves—especially in those very crit- minimum health and safety standards ‘‘(2) APPLICABLE PERCENTAGE DEFINED.—For ical, early years of childhood—but who and enforce them rigorously. Our legis- purposes of paragraph (1), the term ‘applica- simply cannot afford to forgo that sec- lation beefs up this enforcement by re- ble percentage’ means 50 percent reduced ond income. warding states with a good enforce- (but not below zero) by 1 percentage point The legislation we are introducing ment record and penalizing those with for each $1,500, or fraction thereof, by which today responds to both of these con- poor records. the taxpayers’s adjusted gross income for the cerns. We believe that parents should taxable year exceeds $30,000.’’. I am very proud of this legislation, (b) MINIMUM CREDIT ALLOWED FOR STAY-AT- make their own decisions about who is and proud that this group was able to HOME PARENTS.—Section 21(e) of the Internal going to care for their children. The come together and produce this initia- Revenue Code of 1986 (relating to special government and the Tax Code should tive. Child care is a problem that must rules) is amended by adding at the end the not be promoting one choice over an- be solved, and we are committed to following: other. doing that. I look forward to working ‘‘(11) MINIMUM CREDIT ALLOWED FOR STAY- By making more of the existing child with my colleagues in the Congress to AT-HOME PARENTS.—Notwithstanding sub- care tax credit available to lower and section (d), in the case of any taxpayer with find workable, affordable solutions for one or more qualifying individuals described middle income families, and making it all families. I ask unanimous consent available also to families where one in subsection (b)(1)(A) under the age of 4 at that the legislation be printed in the any time during the taxable year, such tax- parent stays at home, we are sending RECORD. payer shall be deemed to have employment- the message that the choice is yours, There being no objection, the bill was related expenses with respect to such quali- and we support your choice. fying individuals in an amount equal to the Our bill makes several changes to the ordered to be printed in the RECORD, as follows: greater of— existing dependent care tax credit. ‘‘(A) the amount of employment-related First, the maximum credit percentage S. 599 expenses incurred for such qualifying indi- is increased from 30 percent to 50 per- Be it enacted by the Senate and House of Rep- viduals for the taxable year (determined cent to provide more benefits to those resentatives of the United States of America in under this section without regard to this most in need. Second, the income level Congress assembled, paragraph), or ‘‘(B) $150 for each month in such taxable at which the maximum credit begins to SECTION 1. SHORT TITLE; TABLE OF CONTENTS. year during which such qualifying individual be reduced is moved from $10,000 to (a) SHORT TITLE.—This Act may be cited as is under the age of 4.’’. $30,000, so that more lower-income fam- the ‘‘Caring for Children Act’’. (c) EFFECTIVE DATE.—The amendments ilies will qualify for the maximum (b) TABLE OF CONTENTS.—The table of con- made by this section apply to taxable years amount of assistance. Third, we pro- tents for this Act is as follows: beginning after December 31, 1998. pose to completely phase out the credit Sec. 1. Short title; table of contents. SEC. 102. PROMOTION OF DEPENDENT CARE AS- SISTANCE PROGRAMS. for wealthier families. Finally, families TITLE I—TAX RELIEF TO INCREASE where one spouse stays at home to care CHILD CARE AFFORDABILITY (a) PROMOTION OF DEPENDENT CARE ASSIST- ANCE PROGRAMS.—The Secretary of Labor for the children will be eligible for a Sec. 101. Expansion of dependent care tax credit similar to the one they would re- shall establish a program to promote aware- credit. ness of the use of dependent care assistance ceive if both parents were working out- Sec. 102. Promotion of dependent care as- programs (as described in section 129(d) of side the home and the child was in sistance programs. the Internal Revenue Code of 1986) by em- daycare. Sec. 103. Allowance of credit for employer ployers. We also acknowledge that we cannot expenses for child care assist- (b) AUTHORIZATION OF APPROPRIATIONS.— solve the entire child care problem ance. There is authorized to be appropriated to

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carry out the program under paragraph (1) ‘‘(d) RECAPTURE OF ACQUISITION AND CON- ‘‘(e) SPECIAL RULES.—For purposes of this $1,000,000 for each of fiscal years 2000, 2001, STRUCTION CREDIT.— section— 2002, and 2003. ‘‘(1) IN GENERAL.—If, as of the close of any ‘‘(1) AGGREGATION RULES.—All persons SEC. 103. ALLOWANCE OF CREDIT FOR EM- taxable year, there is a recapture event with which are treated as a single employer under PLOYER EXPENSES FOR CHILD CARE respect to any qualified child care facility of subsections (a) and (b) of section 52 shall be ASSISTANCE. the taxpayer, then the tax of the taxpayer treated as a single taxpayer. (a) IN GENERAL.—Subpart D of part IV of under this chapter for such taxable year ‘‘(2) PASS-THRU IN THE CASE OF ESTATES AND subchapter A of chapter 1 of the Internal shall be increased by an amount equal to the TRUSTS.—Under regulations prescribed by Revenue Code of 1986 (relating to business re- product of— the Secretary, rules similar to the rules of lated credits) is amended by adding at the ‘‘(A) the applicable recapture percentage, subsection (d) of section 52 shall apply. end the following: and ‘‘(3) ALLOCATION IN THE CASE OF PARTNER- ‘‘SEC. 45D. EMPLOYER-PROVIDED CHILD CARE ‘‘(B) the aggregate decrease in the credits SHIPS.—In the case of partnerships, the cred- CREDIT. allowed under section 38 for all prior taxable it shall be allocated among partners under ‘‘(a) ALLOWANCE OF CREDIT.—For purposes years which would have resulted if the quali- regulations prescribed by the Secretary. of section 38, the employer-provided child fied child care expenditures of the taxpayer ‘‘(f) NO DOUBLE BENEFIT.— care credit determined under this section for described in subsection (c)(1)(A) with respect ‘‘(1) REDUCTION IN BASIS.—For purposes of the taxable year is an amount equal to 20 to such facility had been zero. this subtitle— percent of the qualified child care expendi- ‘‘(2) APPLICABLE RECAPTURE PERCENTAGE.— ‘‘(A) IN GENERAL.—If a credit is determined tures of the taxpayer for such taxable year. ‘‘(A) IN GENERAL.—For purposes of this sub- under this section with respect to any prop- ‘‘(b) DOLLAR LIMITATION.—The credit al- section, the applicable recapture percentage erty by reason of expenditures described in lowable under subsection (a) for any taxable shall be determined from the following table: subsection (c)(1)(A), the basis of such prop- year shall not exceed $100,000. The applicable erty shall be reduced by the amount of the ‘‘(c) DEFINITIONS.—For purposes of this sec- recapture credit so determined. tion— ‘‘If the recapture event percentage is: ‘‘(B) CERTAIN DISPOSITIONS.—If during any ‘‘(1) QUALIFIED CHILD CARE EXPENDITURE.— occurs in: taxable year there is a recapture amount de- ‘‘(A) IN GENERAL.—The term ‘qualified Years 1–3 ...... 100 termined with respect to any property the child care expenditure’ means any amount Year 4 ...... 85 basis of which was reduced under subpara- paid or incurred— Year 5 ...... 70 graph (A), the basis of such property (imme- Year 6 ...... 55 ‘‘(i) to acquire, construct, rehabilitate, or diately before the event resulting in such re- Year 7 ...... 40 expand property— capture) shall be increased by an amount Year 8 ...... 25 equal to such recapture amount. For pur- ‘‘(I) which is to be used as part of a quali- Years 9 and 10 ...... 10 fied child care facility of the taxpayer, Years 11 and thereafter 0. poses of the preceding sentence, the term ‘re- ‘‘(II) with respect to which a deduction for capture amount’ means any increase in tax ‘‘(B) YEARS.—For purposes of subparagraph depreciation (or amortization in lieu of de- (or adjustment in carrybacks or carryovers) (A), year 1 shall begin on the first day of the determined under subsection (d). preciation) is allowable, and taxable year in which the qualified child ‘‘(III) which does not constitute part of the ‘‘(2) OTHER DEDUCTIONS AND CREDITS.—No care facility is placed in service by the tax- deduction or credit shall be allowed under principal residence (within the meaning of payer. section 1034) of the taxpayer or any employee any other provision of this chapter with re- ‘‘(3) RECAPTURE EVENT DEFINED.—For pur- spect to the amount of the credit determined of the taxpayer, poses of this subsection, the term ‘recapture ‘‘(ii) for the operating costs of a qualified under this section. event’ means— ‘‘(g) TERMINATION.—This section shall not child care facility of the taxpayer, including ‘‘(A) CESSATION OF OPERATION.—The ces- apply to taxable years beginning after De- costs related to the training of employees, sation of the operation of the facility as a cember 31, 2003.’’. ‘‘(iii) under a contract with a qualified qualified child care facility. (b) CONFORMING AMENDMENTS.— child care facility to provide child care serv- ‘‘(B) CHANGE IN OWNERSHIP.— (1) Section 38(b) of the Internal Revenue ices to employees of the taxpayer, or ‘‘(i) IN GENERAL.—Except as provided in Code of 1986 is amended— ‘‘(iv) under a contract to provide child care clause (ii), the disposition of a taxpayer’s in- (A) by striking out ‘‘plus’’ at the end of resource and referral services to employees terest in a qualified child care facility with paragraph (11), of the taxpayer. respect to which the credit described in sub- (B) by striking out the period at the end of ‘‘(2) EXCLUSION FOR AMOUNTS FUNDED BY section (a) was allowable. paragraph (12), and inserting a comma and GRANTS, ETC.—The term ‘qualified child care ‘‘(ii) AGREEMENT TO ASSUME RECAPTURE LI- ‘‘plus’’, and expenditure’ shall not include any amount to ABILITY.—Clause (i) shall not apply if the (C) by adding at the end the following new the extent such amount is funded by any person acquiring such interest in the facility paragraph: grant, contract, or otherwise by another per- agrees in writing to assume the recapture li- ‘‘(13) the employer-provided child care son (or any governmental entity). ability of the person disposing of such inter- credit determined under section 45D.’’. ‘‘(3) QUALIFIED CHILD CARE FACILITY.— est in effect immediately before such disposi- (2) The table of sections for subpart D of ‘‘(A) IN GENERAL.—The term ‘qualified tion. In the event of such an assumption, the part IV of subchapter A of chapter 1 of such child care facility’ means a facility— person acquiring the interest in the facility Code is amended by adding at the end the ‘‘(i) the principal use of which is to provide shall be treated as the taxpayer for purposes following new item: child care assistance, and of assessing any recapture liability (com- ‘‘Sec. 45D. Employer-provided child care ‘‘(ii) which meets the requirements of all puted as if there had been no change in own- credit.’’. applicable laws and regulations of the State ership). or local government in which it is located, ‘‘(4) SPECIAL RULES.— (c) EFFECTIVE DATE.—The amendments including, but not limited to, the licensing of ‘‘(A) TAX BENEFIT RULE.—The tax for the made by this section shall apply to taxable the facility as a child care facility. taxable year shall be increased under para- years beginning after December 31, 1998. Clause (i) shall not apply to a facility which graph (1) only with respect to credits allowed TITLE II—ENCOURAGING QUALITY CHILD is the principal residence (within the mean- by reason of this section which were used to CARE ing of section 1034) of the operator of the fa- reduce tax liability. In the case of credits Subtitle A—Dissemination of Information cility. not so used to reduce tax liability, the About Quality Child Care ‘‘(B) SPECIAL RULES WITH RESPECT TO A TAX- carryforwards and carrybacks under section SEC. 201. COLLECTION AND DISSEMINATION OF PAYER.—A facility shall not be treated as a 39 shall be appropriately adjusted. INFORMATION. qualified child care facility with respect to a ‘‘(B) NO CREDITS AGAINST TAX.—Any in- (a) COLLECTION AND DISSEMINATION OF IN- taxpayer unless— crease in tax under this subsection shall not FORMATION.—The Secretary of Health and ‘‘(i) enrollment in the facility is open to be treated as a tax imposed by this chapter Human Services shall, directly or through a employees of the taxpayer during the taxable for purposes of determining the amount of contract awarded on a competitive basis to a year, any credit under subpart A, B, or D of this qualified entity, collect and disseminate— ‘‘(ii) the facility is not the principal trade part. (1) information concerning health and safe- or business of the taxpayer unless at least 30 ‘‘(C) NO RECAPTURE BY REASON OF CASUALTY ty in various child care settings that would percent of the enrollees of such facility are LOSS.—The increase in tax under this sub- assist— dependents of employees of the taxpayer, and section shall not apply to a cessation of op- (A) the provision of safe and healthful en- ‘‘(iii) the use of such facility (or the eligi- eration of the facility as a qualified child vironments by child care providers; and bility to use such facility) does not discrimi- care facility by reason of a casualty loss to (B) the evaluation of child care providers nate in favor of employees of the taxpayer the extent such loss is restored by recon- by parents; and who are highly compensated employees struction or replacement within a reasonable (2) relevant findings in the field of early (within the meaning of section 414(q)). period established by the Secretary. childhood learning and development.

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(b) INFORMATION AND FINDINGS TO BE GEN- (d) LIMITATION ON FEES.—No entity receiv- ments made under this section do not exceed ERALLY AVAILABLE.— ing a grant under this section may collect the amount appropriated for that fiscal year (1) SECRETARIAL RESPONSIBILITY.—The Sec- fees from an individual for participation in a under section 658B. retary of Health and Human Services shall distance learning child care training pro- ‘‘(B) DECREASED ALLOTMENT FOR FISCAL make the information and findings described gram funded in whole or in part by this sec- YEARS 2001 AND 2002.— in subsection (a) generally available to tion that exceed the pro rata share of the ‘‘(i) IN GENERAL.—The allotment deter- States, units of local governments, private amount expended by the entity to provide mined for a State under paragraph (1) for nonprofit child care organizations (including materials for the training program and to each of fiscal years 2001 and 2002 shall be de- resource and referral agencies), employers, develop, implement, and maintain the infra- creased by an amount equal to 10 percent of child care providers, and parents. structure (minus the amount of the grant such allotment for the fiscal year involved (2) DEFINITION OF GENERALLY AVAILABLE.— awarded by this section). with respect to any State that, with respect For purposes of paragraph (1), the term ‘‘gen- (e) RULE OF CONSTRUCTION.—Nothing in to the preceding fiscal year, had a percent- erally available’’ means that the informa- this section shall be construed as requiring a age of completed child care provider inspec- tion and findings shall be distributed child care provider to subscribe to or com- tions (as required to be reported under sec- through resources that are used by, and plete a distance learning child care training tion 658E(c)(2)(G)) that was below the min- available to, the public, including such re- program made available by this section. imum inspection and enforcement percent- sources as brochures, Internet web sites, SEC. 203. AUTHORIZATION OF APPROPRIATIONS. age specified under clause (ii) for the fiscal toll-free telephone information lines, and There is authorized to be appropriated to year for which the allotment is to be paid. public and private resource and referral or- carry out this subtitle $50,000,000 for each of ‘‘(ii) MINIMUM INSPECTION AND ENFORCE- ganizations. fiscal years 2000 through 2004. MENT PERCENTAGE.—For purposes of clause SEC. 202. GRANTS FOR THE DEVELOPMENT OF A Subtitle B—Increased Enforcement of State (i), the minimum inspection and enforce- CHILD CARE TRAINING INFRA- Health and Safety Standards ment percentage is— STRUCTURE. SEC. 211. ENFORCEMENT OF STATE HEALTH AND ‘‘(I) for fiscal year 2001, 50 percent; and (a) AUTHORITY TO AWARD GRANTS.—The SAFETY STANDARDS. ‘‘(II) for fiscal year 2002, 75 percent. Secretary of Health and Human Services (a) IDENTIFICATION OF STATE INSPECTION ‘‘(iii) REQUIREMENT TO EXPEND STATE shall award grants to eligible entities to de- RATE.— FUNDS TO REPLACE REDUCTION.—If the allot- velop distance learning child care training (1) IN GENERAL.—Section 658E(c)(2)(G) of ment determined for a State for a fiscal year technology infrastructures and to develop the Child Care and Development Block Grant is reduced by reason of clause (i), the State model technology-based training courses for shall, during the immediately succeeding fis- child care providers and child care workers. Act of 1990 (42 U.S.C. 9858c(2)(G)) is amended cal year, expend additional State funds The Secretary shall, to the maximum extent by striking the period and inserting ‘‘, and under the State plan funded under this sub- possible, ensure that grants for the develop- provide the percentage of completed child chapter by an amount equal to the amount ment of distance learning child care training care provider inspections that were required technology infrastructures are awarded in under State law for each of the 2 preceding of such reduction.’’. those regions of the United States with the fiscal years.’’. Subtitle C—Removal of Barriers to fewest training opportunities for child care (2) EFFECTIVE DATE.—The amendment Increasing the Supply of Quality Child Care providers. made by paragraph (1) applies to State plans SEC. 221. INCREASED AUTHORIZATION OF AP- (b) ELIGIBILITY REQUIREMENTS.—To be eli- under the Child Care and Development Block PROPRIATIONS FOR THE CHILD gible to receive a grant under subsection (a), Grant Act of 1990 (42 U.S.C. 9858 et seq.) on CARE AND DEVELOPMENT BLOCK an entity shall— and after September 1, 1999. GRANT ACT. (1) develop the technological and logistical (b) INCREASED OR DECREASED ALLOT- Section 658B of the Child Care and Devel- aspects of the infrastructure described in MENTS.—Section 658O(b) of the Child Care opment Block Grant Act of 1990 (42 U.S.C. this section and have the capability of im- and Development Block Grant Act of 1990 (42 9858) is amended to read as follows: plementing and maintaining the infrastruc- U.S.C. 9858m(b)) is amended— ‘‘SEC. 658B. AUTHORIZATION OF APPROPRIA- ture; (1) in paragraph (1), in the matter pre- TIONS. (2) to the maximum extent possible, de- ceding subparagraph (A), by inserting ‘‘, sub- ‘‘There is authorized to be appropriated to velop partnerships with secondary schools, ject to paragraph (5),’’ after ‘‘shall’’; and carry out this subchapter— institutions of higher education, State and (2) by adding at the end the following: ‘‘(1) for fiscal year 1999, $1,182,672,000; local government agencies, and private child ‘‘(5) INCREASED OR DECREASED ALLOTMENT ‘‘(2) for fiscal year 2000, $1,500,000,000; care organizations for the purpose of sharing BASED ON STATE INSPECTION RATE.— ‘‘(3) for fiscal year 2001, $1,750,000,000; equipment, technical assistance, and other ‘‘(A) INCREASED ALLOTMENT FOR FISCAL ‘‘(4) for fiscal year 2002, $2,000,000,000; technological resources, including— YEARS 2000, 2001, AND 2002.— ‘‘(5) for fiscal year 2003, $2,250,000,000; and (A) sites from which individuals may ac- ‘‘(i) IN GENERAL.—Subject to clause (iii), ‘‘(6) for fiscal year 2004, $2,500,000,000.’’. cess the training; for fiscal years 2000, 2001, and 2002, the allot- SEC. 222. SMALL BUSINESS CHILD CARE GRANT (B) conversion of standard child care train- ment determined for a State under para- PROGRAM. ing courses to programs for distance learn- graph (1) for each such fiscal year shall be in- (a) ESTABLISHMENT.—The Secretary of ing; and creased by an amount equal to 10 percent of Health and Human Services (in this section (C) ongoing networking among program such allotment for the fiscal year involved referred to as the ‘‘Secretary’’) shall estab- participants; and with respect to any State— lish a program to award grants to States to (3) develop a mechanism for participants ‘‘(I) that certifies to the Secretary that the assist States in providing funds to encourage to— State has not reduced the scope of any State the establishment and operation of employer (A) evaluate the effectiveness of the infra- child care health or safety standards or re- operated child care programs. structure, including the availability and af- quirements that were in effect as of Decem- (b) APPLICATION.—To be eligible to receive fordability of the infrastructure, and the ber 31, 1998; and a grant under this section, a State shall pre- training offered the infrastructure; and ‘‘(II) that, with respect to the preceding pare and submit to the Secretary an applica- (B) make recommendations for improve- fiscal year, had a percentage of completed tion at such time, in such manner, and con- ments to the infrastructure. child care provider inspections (as required taining such information as the Secretary (c) APPLICATION.—To be eligible to receive to be reported under section 658E(c)(2)(G)), may require, including an assurance that the a grant under subsection (a), an entity shall that equaled or exceeded the target inspec- funds required under subsection (e) will be submit an application to the Secretary at tion and enforcement percentage specified provided. such time and in such manner as the Sec- under clause (ii) for the fiscal year for which (c) AMOUNT OF GRANT.—The Secretary retary may require, and that includes— the allotment is to be paid. shall determine the amount of a grant to a (1) a description of the partnership organi- ‘‘(ii) TARGET INSPECTION AND ENFORCEMENT State under this section based on the popu- zations through which the distance learning PERCENTAGE.—For purposes of clause (i)(II), lation of the State as compared to the popu- programs will be disseminated and made the target inspection and enforcement per- lation of all States. available; centage is— (d) USE OF FUNDS.— (2) the capacity of the infrastructure in ‘‘(I) for fiscal year 2000, 75 percent; (1) IN GENERAL.—A State shall use amounts terms of the number and type of distance ‘‘(II) for fiscal year 2001, 80 percent; and provided under a grant awarded under this learning programs that will be made avail- ‘‘(III) for fiscal year 2002, 100 percent. section to provide assistance to small busi- able; ‘‘(iii) PRO RATA REDUCTIONS IF INSUFFICIENT nesses located in the State to enable the (3) the expected number of individuals to APPROPRIATIONS.—The Secretary shall make small businesses to establish and operate participate in the distance learning pro- pro rata reductions in the percentage in- child care programs. Such assistance may in- grams; and crease otherwise required under clause (i) for clude— (4) such additional information as the Sec- a State allotment for a fiscal year as nec- (A) technical assistance in the establish- retary may require. essary so that the aggregate of all the allot- ment of a child care program;

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.002 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4241 (B) assistance for the start up costs related ty receiving assistance under a grant award- (2) schools or community centers from al- to a child care program; ed under this section has misused the assist- lowing their facilities to be used for on-site (C) assistance for the training of child care ance, the State shall notify the Secretary of child care; and providers; the misuse. The Secretary, upon such a noti- (3) individuals from providing professional, (D) scholarships for low-income wage earn- fication, may seek from such an entity the licensed child care services in their homes. ers; repayment of an amount equal to the Subtitle D—Quality Child Care Through (E) the provision of services to care for amount of any misused assistance plus inter- Federal Facilities and Programs sick children or to provide care to school est. SEC. 231. PROVIDING QUALITY CHILD CARE IN aged children; (B) APPEALS PROCESS.—The Secretary shall FEDERAL FACILITIES. (F) the entering into of contracts with by regulation provide for an appeals process (a) DEFINITIONS.—In this section: local resource and referral or local health de- with respect to repayments under this para- (1) ADMINISTRATOR.—The term ‘‘Adminis- partments; graph. trator’’ means the Administrator of General (G) care for children with disabilities; or (h) REPORTING REQUIREMENTS.— Services. (H) assistance for any other activity deter- (1) 2-YEAR STUDY.— (2) EXECUTIVE AGENCY.—The term ‘‘Execu- mined appropriate by the State. (A) IN GENERAL.—Not later than 2 years tive agency’’ has the meaning given the term (2) APPLICATION.—To be eligible to receive after the date on which the Secretary first in section 105 of title 5, United States Code, assistance from a State under this section, a provides grants under this section, the Sec- but does not include the Department of De- small business shall prepare and submit to retary shall conduct a study to determine— fense. the State an application at such time, in (i) the capacity of entities to meet the (3) EXECUTIVE FACILITY.—The term ‘‘execu- such manner, and containing such informa- child care needs of communities within a tive facility’’ means a facility that is owned tion as the State may require. State; or leased by an Executive agency. (3) PREFERENCE.— (ii) the kinds of partnerships that are being (4) FEDERAL AGENCY.—The term ‘‘Federal (A) IN GENERAL.—In providing assistance formed with respect to child care at the local agency’’ means an Executive agency, a judi- under this section, a State shall give priority level; and cial office, or a legislative office. to applicants that desire to form a consor- (iii) who is using the programs funded (5) JUDICIAL FACILITY.—The term ‘‘judicial tium to provide child care in geographic under this section and the income levels of facility’’ means a facility that is owned or areas within the State where such care is not such individuals. leased by a judicial office. generally available or accessible. (B) REPORT.—Not later than 28 months (6) JUDICIAL OFFICE.—The term ‘‘judicial of- (B) CONSORTIUM.—For purposes of subpara- after the date of enactment of this Act, the fice’’ means an entity of the judicial branch graph (A), a consortium shall be made up of Secretary shall prepare and submit to the of the Federal Government. 2 or more entities which may include busi- appropriate committees of Congress a report (7) LEGISLATIVE FACILITY.—The term ‘‘leg- nesses, nonprofit agencies or organizations, on the results of the study conducted in ac- islative facility’’ means a facility that is local governments, or other appropriate enti- cordance with subparagraph (A). owned or leased by a legislative office. ties. (2) 4-YEAR STUDY.— (8) LEGISLATIVE OFFICE.—The term ‘‘legis- (4) LIMITATION.—With respect to grant (A) IN GENERAL.—Not later than 4 years lative office’’ means an entity of the legisla- funds received under this section, a State after the date on which the Secretary first tive branch of the Federal Government. may not provide in excess of $100,000 in as- provides grants under this section, the Sec- (b) EXECUTIVE BRANCH STANDARDS AND EN- sistance from such funds to any single appli- retary shall conduct a study to determine FORCEMENT.— cant. the number of child care facilities funded (1) STATE AND LOCAL LICENSING REQUIRE- (e) MATCHING REQUIREMENT.—To be eligible through entities that received assistance MENTS.— to receive a grant under this section a State through a grant made under this section that (A) IN GENERAL.—The Administrator shall shall provide assurances to the Secretary remain in operation and the extent to which issue regulations requiring any entity oper- that, with respect to the costs to be incurred such facilities are meeting the child care ating a child care center in an executive fa- by an entity receiving assistance in carrying needs of the individuals served by such fa- cility to comply with applicable State and out activities under this section, the entity cilities. local licensing requirements related to the will make available (directly or through do- (B) REPORT.—Not later than 52 months provision of child care. nations from public or private entities) non- after the date of enactment of this Act, the (B) COMPLIANCE.—The regulations shall re- Federal contributions to such costs in an Secretary shall prepare and submit to the quire that, not later than 6 months after the amount equal to— appropriate committees of Congress a report date of enactment of this Act— (1) for the first fiscal year in which the en- on the results of the study conducted in ac- (i) the entity shall comply, or make sub- tity receives such assistance, not less than 50 cordance with subparagraph (A). stantial progress (as determined by the Ad- percent of such costs ($1 for each $1 of assist- (i) DEFINITION.—As used in this section, the ministrator) toward complying, with the re- ance provided to the entity under the grant); term ‘‘small business’’ means an employer quirements; and (2) for the second fiscal year in which an who employed an average of at least 2 but (ii) any contract for the operation of such entity receives such assistance, not less than not more than 50 employees on business days a child care center shall include a condition 2 during the preceding calendar year. 66 ⁄3 percent of such costs ($2 for each $1 of that the child care be provided in accordance (j) AUTHORIZATION OF APPROPRIATIONS.— assistance provided to the entity under the with the requirements. There is authorized to be appropriated to grant); and (2) EVALUATION AND ENFORCEMENT.—The carry out this section, $60,000,000 for the pe- (3) for the third fiscal year in which an en- Administrator shall evaluate the compliance riod of fiscal years 2000 through 2002. With tity receives such assistance, not less than 75 of the entities described in paragraph (1) respect to the total amount appropriated for percent of such costs ($3 for each $1 of assist- with the regulations issued under that para- such period in accordance with this sub- ance provided to the entity under the grant). graph. The Administrator may conduct the section, not more than $5,000,000 of that (f) REQUIREMENTS OF PROVIDERS.—To be el- evaluation of such an entity directly, or amount may be used for expenditures related igible to receive assistance under a grant through an agreement with another Federal to conducting evaluations required under, awarded under this section a child care pro- agency, other than the Federal agency for and the administration of, this section. vider shall comply with all applicable State (k) TERMINATION OF PROGRAM.—The pro- which the entity is providing child care. If and local licensing and regulatory require- gram established under subsection (a) shall the Administrator determines, on the basis ments and all applicable health and safety terminate on September 30, 2003. of such an evaluation, that the entity is not standards in effect in the State. in compliance with the regulations, the Ad- SEC. 223. GAO REPORT REGARDING THE RELA- DMINISTRATION (g) A .— TIONSHIP BETWEEN LEGAL LIABIL- ministrator shall notify the Executive agen- (1) STATE RESPONSIBILITY.—A State shall ITY CONCERNS AND THE AVAIL- cy. have responsibility for administering the ABILITY AND AFFORDABILITY OF (c) LEGISLATIVE BRANCH STANDARDS AND grant awarded under this section and for CHILD CARE. ENFORCEMENT.— monitoring entities that receive assistance Not later than 6 months after the date of (1) STATE AND LOCAL LICENSING REQUIRE- under such grant. enactment of this Act, the Comptroller Gen- MENTS AND ACCREDITATION STANDARDS.—The (2) AUDITS.—A State shall require each en- eral of the United States shall report to Con- Architect of the Capitol shall issue regula- tity receiving assistance under a grant gress regarding whether and, if so, the extent tions for entities operating child care cen- awarded under this section to conduct an an- to which, concerns regarding potential legal ters in legislative facilities, which shall be nual audit with respect to the activities of liability exposure inhibit the availability the same as the regulations issued by the the entity. Such audits shall be submitted to and affordability of child care. The report Administrator under subsection (b)(1), ex- the State. shall include an assessment of whether such cept to the extent that the Architect may (3) MISUSE OF FUNDS.— concerns prevent— determine, for good cause shown and stated (A) REPAYMENT.—If the State determines, (1) employers from establishing on or near- together with the regulations, that a modi- through an audit or otherwise, that an enti- site child care for their employees; fication of such regulations would be more

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.002 S11MR9 4242 CONGRESSIONAL RECORD—SENATE March 11, 1999 effective for the implementation of the re- First, the Caring for Children Act And, let me offer a word of praise and quirements and standards described in such will, by expanding the Dependent Care gratitude for my wife, Elaine. Elaine paragraphs. Tax Credit, cut taxes for many middle- could have had a successful career as a (2) EVALUATION AND ENFORCEMENT.—Sub- professional educator. Instead, she section (b)(2) shall apply to the Architect of and lower-income families. Under the the Capitol, entities operating child care current system, the maximum credit of chose to stay home with our children— centers in legislative facilities, and legisla- 30 percent is available only to families all of whom are now married with chil- tive offices. For purposes of that application, with incomes of $10,000 or less. Our pro- dren of their own. references in subsection (b)(2) to regulations posal increases the Dependent Care Tax Of course, my daughters and daugh- shall be considered to be references to regu- Credit (DCTC) from 30 percent to 50 ters-in-law will make their own choices lations issued under this subsection. percent. The maximum income is also about balancing career and family. Dif- (d) JUDICIAL BRANCH STANDARDS AND EN- increased to $30,000. The maximum al- ferent families make different choices FORCEMENT.— and face different circumstances that (1) STATE AND LOCAL LICENSING REQUIRE- lowable expenses of $2,400 for one child MENTS AND ACCREDITATION STANDARDS.—The and $4,800 for two or more children will drive their choices. Our bill asserts Director of the Administrative Office of the remain the same. that the Dependent Care Tax Credit United States Courts shall issue regulations For example, a working family in should be available to families regard- for entities operating child care centers in Vernal, UT, earning $30,000 with two less of their choice. The DCTC should judicial facilities, which shall be the same as children, could receive a tax credit of be a tax credit to help families care for the regulations issued by the Administrator $2,400 (50 percent of $4,800), instead of children, not just a credit for employ- under subsection (b)(1), except to the extent $960 under the current law. ment expenses. We should not mini- that the Director may determine, for good mize the significance of this change in cause shown and stated together with the Our bill also lowers the maximum credit more gradually than current the federal child care paradigm. regulations, that a modification of such reg- Yet, many working but low-income ulations would be more effective for the im- law. This provides a form of tax relief plementation of the requirements and stand- for DCTC-eligible families earning be- families have no tax liability and will ards described in such paragraphs. tween $30,000 and $75,000. This change is not benefit from our proposed changes (2) EVALUATION AND ENFORCEMENT.—Sub- intended to benefit an often forgotten to the DCTC. These families, many of section (b)(2) shall apply to the Director de- group—taxpayers who earn too much which may be headed by single parents scribed in paragraph (1), entities operating for Federal breaks but not enough for or headed by individuals moving from child care centers in judicial facilities, and welfare to work, are struggling to judicial offices. For purposes of that applica- child care expenses not to be a big bite out of their budget. make ends meet. tion, references in subsection (b)(2) to regu- One of the family’s biggest expenses lations shall be considered to be references This proposal also breaks new ground. It recognizes, for the first is child care. to regulations issued under this subsection. The cost of child care, like almost (e) APPLICATION.—Notwithstanding any time, as a matter of Federal child care everything else, has increase in the 9 other provision of this section, if 3 or more policy, that many families elect to years since the implementation of the child care centers are operated in facilities have one parent remain at home to owned or leased by a Federal agency, the Child Care and Development Block serve as the primary are giver. We un- head of the Federal agency may carry out Grant. When the CCDBG was enacted, derstand the value of a parent at home the responsibilities assigned to the Adminis- the average cost of care per child was trator under subsection (b)(2), the Architect to care for a child, both in terms of $3,000. Today, it is estimated to be of the Capitol under subsection (c)(2), or the quality of care and monetary sacrifice. more than $4,000 per child. Director described in subsection (d)(2) under Such families pay for their child care such subsection, as appropriate. I invite senators to do the math: If a by forfeiting a second income. The Car- parent is making $10 an hour ($20,800 Mr. HATCH. Mr. President, as this ing for Children Act would expand eli- per year before taxes) and has just one decade nears a close, and as our Nation gibility for the Dependent Care Tax child, child care expenses claim almost has enjoyed an unprecedented period of Credit (DCTC) to families with young economic growth, there remains an one-fifth of the family budget. It is no children in which one parent remained wonder that the Utah Child Protective issue that affects many American fam- at home. ilies. I am referring to child care. Services told me some years ago about Our bill assumes child care expenses a mother who was forced to choose be- It has been nearly 9 years since the for such a family of $150 per month. passage of the bipartisan Child Care tween groceries and child care. Thus, a family earning $30,000 with two The Caring for Children Act proposes and Development Block Grant Act. I children, ages 3 and 1, in Farmington, was proud to have been a sponsor of to increase the authorization of appro- UT, in which one parent remains at priations for the Child Care and Devel- this legislation, and I remain com- home, would receive a tax credit of $900 mitted to its goals, structure, and prin- opment Block grant Act (CCDBG), (50 percent of $150 × 12 months). which states use to subsidize child care ciples. Some have criticized our bill for not Though the CCDBG has led to great for low-income parents and to develop giving the same tax benefits to fami- improvements in the child care situa- new capacity in areas—both geographic lies with a stay-at-home parent. tion facing low-income families in and functional—where there are short- every State, it has become clear that Frankly, I support such parity in the ages. more needs to be done to help the fam- DCTC. I would like our bill to be able In Utah, as in other states as well, ily. In my home State of Utah, an ex- to provide a larger credit. But, expand- smaller and more rural communities traordinary 57 percent of mothers with ing eligibility for this credit is an ex- often have shortages of child care. And, children under the age of 6 are in the pensive proposition. While we may not nearly every community suffers short- labor force, and 134,000 children under be able to propose DCTC parity in one ages of infant care, after school care, the age of 6 in Utah will be cared for by fell swoop, we should establish the con- and care for special needs children. someone other than their parents. cept in this bill and increase the level The CCDBG is the only federal pro- I am pleased to again join my col- of benefit as quickly as we can. But, we gram we have for assisting low-income leagues—Senators CHAFEE, SNOWE, should not fail to do something just be- working families with child care ex- ROBERTS, SPECTER, COLLINS, and COCH- cause we cannot do it all. penses. We are not proposing to create RAN—each of whom has a long record of Many families across America elect another one. We are not expanding the concern and involvement in child care to forego a second income in order to statutory eligibility or entitlement for issues—in sponsoring this measure. have a parent remain at home with this program. The Caring for Children The Caring for Children Act is a com- children. Federal policy has so far Act merely makes it possible for states prehensive, realistic child care pro- failed to recognize parental care as to serve more eligible people and to ad- posal, which we believe will benefit child care, even if many people, myself dress more of the problem of shortages middle- and lower-income American included, consider it the best possible under the provisions of the CCDBG. families who struggle to get ahead or care. I happen to believe that parental I have said many times in this body struggle to keep up. care is the best care there is. that I do not support federal assistance

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.002 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4243 for those who are able but do not help the child care challenges facing fami- centives for employers and parents, themselves. But, I likewise believe that lies in Kansas and around the nation. and an increase in funding for pro- some help is warranted when people are Child care, in the home when possible grams that assist the most needy fami- working and doing all they can to pro- and outside the home when parents lies. Most importantly, our bill pro- vide for their families. This is why I work, goes right to the heart of keep- poses prudent adjustments to discre- joined as a sponsor of the Child Care ing families strong. tionary programs rather than imple- and Development Block Grant 10 years Unfortunately, just being able to af- menting new mandatory spending. ago. I do not want Utah families to ford child care is a major issue for Our bill would expand the Dependent have to choose between child care and most families. Some child care can Care tax credit to make it more acces- food. cost as much as college tuition and sible to families who need it, double We still face issues of quality of care. consume up to 40 percent of a family’s the authorization for the Child Care Our bill affirms state prerogatives to income. Finding quality care is an- Development Block Grant, and provide set their own standards for child care. other challenge. grants to small businesses to create or My colleagues are well aware of my Welfare reforms have cut Kansas wel- enhance child care facilities for their strong opposition to any federal effort fare rolls in half since 1996. As more employees. This bill also includes pro- to set or imply federal standards. and more of these families come off the visions from the proposal I introduced States must be allowed discretion in rolls, child care needs grow. About half during the 105th Congress with my col- this. But, our bill also recognizes that of the 11,000 families that have left wel- leagues, Congressman JON FOX, The Af- standards are worthless if they are not fare rolls in Kansas have young chil- fordable Child Care Act, which provides enforced. dren. In order to continue the success- a tax credit for employers who provide To encourage states to make a ful transition from welfare to work, on-site or site-adjacent child care to stronger commitment to enforce their parents, especially single parents, must their employees in order to reduce the own standards for child care, the Car- have access to affordable, quality child child care expenses of the employee. ing for Children Act provides a system care. Not all families choose the same op- tion for child care. Many families rely of bonuses for states who exceed a Only parents can and should decide on relatives, centers operated by threshold of inspections or, conversely, what child care arrangements work churches and other religious organiza- penalties for those who fail to conduct best for their children. This includes tions, centers at or near their work- a minimum number of inspections. In the decision to stay at home. place, or make other arrangements to my view, the most stringent standards The Caring for Children Act includes provide care for their children while in the world do not provide any assur- provisions to allow a parent who is able they work. In light of the diverse needs ance of quality care if providers do not to stay at home and care for a child to for child care in America, this bill rep- believe standards will be enforced. receive a tax credit to help cover ex- resents a good start toward expanding I also believe that the best assurance penses. This credit applies during the the choices for American parents. And, of quality is a parent’s own good judg- first three years of a child’s life and any such legislation must recognize ment. The Caring for Children Act amounts to about $900 per year. that there is a need to provide some re- takes the very inexpensive, but poten- The Caring for Children Act takes lief to families where one parent stays tially very productive step of providing steps to assist small businesses that at home. want to provide child care. I am funds for beefed up consumer informa- The need for affordable and acces- pleased that this bill includes a short- tion to parents. sible day care is critical given the in- There are other important provisions term flexible grant program to encour- creasing numbers of working parents in our bill that are designed to encour- age these businesses to work together and dual-income families in the United age private sector initiatives in child to provide child care services. This pro- States. According to the Bureau of the care as well as to enhance training op- gram, which provides $60 million to the Census, in 1975, 31 percent of married portunities for child care providers. states, allows those closer to home to mothers with a child younger than age All together, the Caring for Children make decisions necessary to improve one participated in the labor force. By Act attempts to address all three of the child care in communities. This fund- 1995, that figure had risen to 59 percent. major issues in child care: afford- ing provides the start-up assistance Almost 64 percent of married mothers ability, availability, and quality. I be- necessary to create self-sustaining and 53 percent of single mothers with lieve the bill we are introducing today child care programs. children younger than age six partici- is measured and responsible. I have pledged to work to improve pated in the labor force in 1995. In no way is this a government child care. I will continue this effort. I The cost of child care for families is knows best model of social problem look forward to working with my col- also significant. Licensed day care cen- solving; rather, it builds on what we al- leagues to expand child care options ters in some urban areas cost as much ready know works and what we already and protect our nation’s most valuable as $200 per week, and the disparity in know that parents want. They want re- resource, our children. costs and availability of child care be- sources and information to make their Mr. SPECTER. Mr. President, I have tween urban and rural grows greater own decisions and to care for their own sought recognition to once again join every day. For families which need or children. They want input into the my colleagues in introducing the Car- choose to have both parents work out- plans developed by states. They want ing for Children Act, which will ease side the home, the burden of making control over child care. the financial burden of child care for child care decisions is great. These fig- The bill we are introducing today en- American families—for those parents ures serve to underscore the need for deavors to put government on the side who work, and for those who choose to action on the part of the Federal Gov- of parents by returning resources to stay home to raise their children for a ernment to provide the necessary as- them through tax credits, by enabling period of time. This legislation is iden- sistance to our Nation’s working fami- states to do more under the CCDBG, by tical to the child care proposal my col- lies. increasing available child care infor- leagues and I introduced during the As Chairman of the Labor, Health mation, and, finally by respecting the 105th Congress, on January 28, 1998. I and Human Services, and Education choices they make. believe it is vital that the Congress Appropriations Subcommittee, I am I am again pleased to join my col- recognize the importance of affordable, pleased that this legislation would leagues in this legislation and hope quality child care to the successful de- build on an existing Federal child care other Senators will support this meas- velopment of our children. program by authorizing an additional ure as well. The Caring for Children Act is a mid- $5 billion over 5 years to the Child Care Mr. ROBERTS. Mr. President, I am dle-ground, targeted response to the Development Block Grant program, pleased to join with my colleagues to growing child care needs facing Amer- bringing total spending for this pro- reintroduce legislation to help meet ican families. Our bill includes tax in- gram to nearly $2.5 billion annually by

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.002 S11MR9 4244 CONGRESSIONAL RECORD—SENATE March 11, 1999 fiscal year 2003. The child care block much work yet to be done to ensure Switzerland, Germany, or the United grant works well to assist low-income that women and girls’ human rights States. Others, who are less naive but families acquire child care, and helped are protected and respected. desperate for money and opportunity, over 93,000 Pennsylvania families last One of the most horrendous human are no less hurt by the trafficker’s bru- year. Fiscal year 1999 funding for this rights violations of our time is traf- tal grip. vital assistance program totaled $1.182 ficking in human beings, particularly Last year, First Lady Hilary Clinton billion, $182 billion, $182 million above among women and children, for pur- spoke powerfully of this human trag- the currently authorized level. By in- poses of sexual exploitation and forced edy. She said: ‘‘I have spoken to young creasing the authorization, we can help labor. To curb this horrific practice, I girls in northern Thailand whose par- even more families without creating a am introducing the ‘‘International ents were persuaded to sell them as new entitlement program. Trafficking of Women and Children prostitutes, and they received a great Our legislation will also require Victim Protection Act of 1999’’ which deal of money by their standards. You States to create and enforce safety and will put Congress on record as opposing could often tell the homes of where the health standards in child care facili- trafficking for forced prostitution and girls had been sold because they might ties, and provide money for the Depart- domestic servitude, and acting to even have a satellite dish or an addi- ment of Health and Human Services to check it before the lives of more tion built on their house. But I met disseminate information to parents and women and girls are shattered. girls who had come home after they providers about quality child care, One of the fastest growing inter- had been used up, after they had con- through brochures, toll-free hotlines, national trafficking businesses is the tracted HIV or AIDS. If you’ve ever the Internet, and other technological trade in women. Women and girls seek- held the hand of a 13-year-old girl assistance. ing a better life, a good marriage, or a dying of AIDS, you can understand how The Caring for Children Act com- lucrative job abroad, unexpectedly find critical it is that we take every step plements my recent efforts to assist themselves forced to work as pros- possible to prevent this happening to working families in the context of wel- titutes, or in sweat shops. Seeking this any other girl anywhere in the world. I also, in the Ukraine, heard of women fare reform and children’s health insur- better life, they are lured by local ad- who told me with tears running down ance. When Congress debated welfare vertisements for good jobs in foreign their faces that young women in their reform in 1995 and 1996, I worked to en- countries at wages they could never communities were disappearing. They sure that adequate funds were provided imagine at home. answered ads that promised a much for child care, a critical component for Every year, the trafficking of human better future in another place and they welfare mothers who would be required beings for the sex trade affects hun- dreds of thousands of women through- were never heard from again.’’ to work to receive new limited welfare These events are occurring not just out the world. Women and children benefits. I am pleased that the welfare in far off lands, but here at home in the whose lives have been disrupted by eco- reform bill that became law provided U.S. as well. According to a report in nomic collapse, civil wars, or funda- $20 billion in child care funding over a the Washington Post in 1997, the FBI mental changes in political geography, 6-year period. Similarly, I was pleased raided a massage parlor in downtown such as the disintegration of the Soviet to participate in the bipartisan effort Bethesda. The massage parlor was in- in 1997 to enact legislation to provide Union, have fallen prey to traffickers. volved in the trafficking of Russian $24 billion over the next 5 years for The United States government esti- women into the United States. The States to establish or broaden chil- mates that 1–2 million women and girls eight Russian women who worked dren’s health insurance programs. Uti- are trafficked annually around the there, lived at the massage parlor, lizing these new Federal funds, over world. According to experts, between 50 sleeping on the massage tables at 10,000 previously uninsured children in and 100 thousand women are trafficked night. They were charged a $150 a week Pennsylvania have been enrolled in each year into the United States alone. for ‘‘housing’’ and were not paid any this program since May of 1998. They come from Thailand, Russia, the salary, only receiving a portion of their In conclusion, Mr. President, I be- Ukraine and other countries in Asia tips. lieve that it is critical that the 106th and the former Soviet Union. According to recent reports by the Congress not adjourn without enacting Upon arrival in countries far from Justice Department, teenage Mexican legislation to assist families in their their homes, these women are often girls were held in slavery in Florida ability to afford safe, quality child care stripped of their passports, held and the Carolinas and forced to submit for their children, either at home with against their will in slave-like condi- to prostitution. In addition, Russian a parent or another arrangement. Our tions, and sexually abused. Rape, in- and Latvian women were forced to legislation will provide peace of mind timidation, and violence are commonly work in nightclubs in Chicago. Accord- to millions of American families strug- employed by traffickers to control ing to charges filed against the traf- gling to balance career and child rais- their victims and to prevent them from fickers, the traffickers picked the ing. I urge my colleagues to join me in seeking help. Through physical isola- women up upon their arrival at the air- cosponsoring this important legisla- tion and psychological trauma, traf- port, seized their documents and return tion, and I urge its swift adoption. fickers and brothel owners imprison tickets, locked them in hotels and beat women in a world of economic and sex- them. The women were told that if By Mr. WELLSTONE. ual exploitation that imposes a con- they refused to dance nude in various S. 600. A bill to combat the crime of stant fear of arrest and deportation, as nightclubs, the Russian mafia would international trafficking and to pro- well as of violent reprisals by the traf- kill their families. Further, over three tect the rights of victims; to the Com- fickers themselves, to whom the years, hundreds of women from the mittee on Foreign Relations. women must pay off ever-growing Czech Republic who answered adver- INTERNATIONAL TRAFFICKING OF WOMEN AND debts. Many brothel owners actually tisements in Czech newspapers for CHILDREN VICTIM PROTECTION ACT OF 1999 prefer women—women who are far from modeling were ensnared in an illegal Mr. WELLSTONE. Mr. President, help and home, and who do not speak prostitution ring. this week across the globe, men and the language—precisely because of the Trafficking in women and girls is a women have celebrated International ease of controlling them. human rights problem that requires a Women’s Day, highlighting the Most of these women never imagined human rights response. Trafficking is achievements of women around the that they would enter such a hellish condemned by human rights treaties as world. From Qatar to Indonesia, the world, having traveled abroad to find a violation of basic human rights and a day was marked by women marching, better jobs or to see the world. Many in slavery-like practice. Women who are meeting, and protesting for recognition their naivete, believed that nothing trafficked are subjected to other of their inherent dignity and funda- bad could happen to them in the rich abuses—rape, beatings, physical con- mental human rights. I believe there is and comfortable countries such as finement—squarely prohibited by

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.002 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4245 human rights law. The human abuses vides that trafficked women should not Trade and Institutions and Practices Similar continue in the workplace, in the forms be detained, but instead receive needed to Slavery, which calls for the complete abo- of physical and sexual abuse, debt services, safe shelter, and the oppor- lition of debt bondage and servile forms of bondage and illegal confinement, and tunity to seek justice against their marriage, and the 1957 Abolition of Forced Labor Convention, which undertakes to sup- all are prohibited. abusers. Finally, my bill provides much press and requires signatories not to make Fortunately, the global trade in needed resources to programs assisting use of any forced or compulsory labor. women and children is receiving great- trafficking victims here at home and SEC. 3. PURPOSES. er attention by governments and NGOs abroad. The purposes of this Act are to condemn following the UN World Conference on We must commit ourselves to ending and combat the international crime of traf- Women in Beijing. The United Nations the trafficking of women and girls and ficking in women and children and to assist General Assembly has called upon all to building a world in which such ex- the victims of this crime by— governments to criminalize traf- ploitation is relegated to the dark past. (1) setting a standard by which govern- ficking, to punish its offenders, while I urge my colleagues to support the ments are evaluated for their response to not penalizing its victims. The Presi- International Trafficking of Women trafficking and their treatment of victims; dent’s Interagency Council on Women and Children Protection Act of 1999. (2) authorizing and funding an interagency I ask unanimous consent that the task force to carry out such evaluations and is working hard to mobilize a response to issue an annual report of its findings to to this problem. Churches, synagogues, text of the bill be printed in the include the identification of foreign govern- and NGOs, such as Human Rights RECORD. ments that tolerate or participate in traf- Watch and the Global Survival Net- There being no objection, the bill was ficking and fail to cooperate with inter- work, are fighting this battle daily. ordered to be printed in the RECORD, as national efforts to prosecute perpetrators; But, much, much more must be done. follows: (3) assisting trafficking victims in the My legislation provides a human S. 600 United States by providing humanitarian as- rights response to the problem. It has a Be it enacted by the Senate and House of Rep- sistance and by providing them temporary comprehensive and integrated ap- resentatives of the United States of America in nonimmigrant status in the United States; Congress assembled, (4) assisting trafficking victims abroad by proach focused on prevention, protec- providing humanitarian assistance; and SECTION 1. SHORT TITLE. tion and assistance for victims, and (5) denying certain forms of United States This Act may be cited as the ‘‘Inter- prosecution of traffickers. foreign assistance to those governments national Trafficking of Women and Children I will highlight a few of its provisions which tolerate or participate in trafficking, Victim Protection Act of 1999’’. now: abuse victims, and fail to cooperate with It sets an international standard for SEC. 2. FINDINGS. international efforts to prosecute perpetra- Congress makes the following findings: tors. governments to meet in their efforts to (1) The worldwide trafficking of persons fight trafficking and assist victims of has a disproportionate impact on women and SEC. 4. DEFINITIONS. this human rights abuse. It calls on the girls and has been and continues to be con- In this Act: State Department and Justice Depart- demned by the international community as a (1) POLICE ASSISTANCE.—The term ‘‘police ment to investigate and take action violation of fundamental human rights. assistance’’— against international trafficking. In (2) The fastest growing international traf- (A) means— ficking business is the trade in women, (i) assistance of any kind, whether in the addition, it creates an Interagency form of grant, loan, training, or otherwise, Task Force to Monitor and Combat whereby women and girls seeking a better life, a good marriage, or a lucrative job provided to or for foreign law enforcement Trafficking in the Office of the Sec- abroad, unexpectedly find themselves in sit- officials, foreign customs officials, or foreign retary of State and directs the Sec- uations of forced prostitution, sweatshop immigration officials; retary to submit an annual report to labor, exploitative domestic servitude, or (ii) government-to-government sales of any Congress on international trafficking. battering and extreme cruelty. item to or for foreign law enforcement offi- The annual report would, among (3) Trafficked women and children, girls cials, foreign customs officials, or foreign other things, identify states engaged in and boys, are often subjected to rape and immigration officials; and other forms of sexual abuse by their traf- (iii) any license for the export of an item trafficking, the efforts of these states sold under contract to or for the officials de- to combat trafficking, and whether fickers and often held as virtual prisoners by their exploiters, made to work in slavery- scribed in clause (i); and their government officials are like conditions, in debt bondage without pay (B) does not include assistance furnished complicit in the practice. Corrupt gov- and against their will. under section 534 of the Foreign Assistance ernment or law enforcement officials (4) The President, the First Lady, the Sec- Act of 1961 (22 U.S.C. 2346c; relating to the sometimes directly participate and retary of State, the President’s Interagency administration of justice) or any other as- benefit in the trade of women and girls. Council on Women, and the Agency for Inter- sistance under that Act to promote respect And, corruption also prevents prosecu- national Development have all identified for internationally recognized human rights. trafficking in women as a significant prob- (2) TRAFFICKING.—The term ‘‘trafficking’’ tion of traffickers. U.S. police assist- means the use of deception, coercion, debt ance would be barred to countries lem. (5) The Fourth World Conference on bondage, the threat of force, or the abuse of found not to have taken effective ac- Women (Beijing Conference) called on all authority to recruit, transport within or tion in ending the participation of governments to take measures, including across borders, purchase, sell, transfer, re- their officials in trafficking, and in in- legislative measures, to provide better pro- ceive, or harbor a person for the purpose of vestigating and prosecuting meaning- tection of the rights of women and girls in placing or holding such person, whether for fully their officials involved in traf- trafficking, to address the root factors that pay or not, in involuntary servitude, or slav- ficking. A waiver is provided for the put women and girls at risk to traffickers, ery or slavery-like conditions, or in forced, bonded, or coerced labor. President if he finds that provision of and to take measures to dismantle the na- (3) VICTIM OF TRAFFICKING.—The term ‘‘vic- such assistance is in the national inter- tional, regional, and international networks on trafficking. tim of trafficking’’ means any person sub- est. (6) The United Nations General Assembly, jected to the treatment described in para- On a national level, it ensures that noting its concern about the increasing num- graph (2). our immigration laws do not encourage ber of women and girls who are being victim- SEC. 5. INTER-AGENCY TASK FORCE TO MONITOR rapid deportation of trafficked women, ized by traffickers, passed a resolution in AND COMBAT TRAFFICKING. a practice which effectively insulates 1998 calling upon all governments to crim- (a) ESTABLISHMENT.— traffickers from ever being prosecuted inalize trafficking in women and girls in all (1) IN GENERAL.—There is established with- for their crimes. Trafficking victims its forms and to penalize all those offenders in the Department of State in the Office of are eligible for a nonimmigrant status involved, while ensuring that the victims of the Secretary of State an Inter-Agency Task valid for three months. If the victim these practices are not penalized. Force to Monitor and Combat Trafficking (in (7) Numerous treaties to which the United this section referred to as the ‘‘Task pursues criminal or civil actions States is a party address government obliga- Force’’). The Task Force shall be co-chaired against her trafficker, or if she pursues tions to combat trafficking, including such by the Assistant Secretary of State for De- an asylum claim, she is provided with treaties as the 1956 Supplementary Conven- mocracy, Human Rights, and Labor Affairs an extension of time. Further, it pro- tion on the Abolition of Slavery, the Slave and the Senior Coordinator on International

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Women’s Issues, President’s Interagency (1) RESPONSIBILITY OF THE SECRETARY OF practices in which persons are forced into Council on Women. STATE.—The Secretary of State shall ensure labor through non-physical means, such as (2) APPOINTMENT OF MEMBERS.—The mem- that United States missions abroad maintain debt bondage, blackmail, fraud, deceit, isola- bers of the Task Force shall be appointed by a consistent reporting standard and thor- tion, and psychological pressure.’’. the Secretary of State. The Task Force shall oughly investigate reports of trafficking. (d) TRAFFICKING VICTIM REGULATIONS.—Not consist of no more than twelve members. (2) CONTACTS WITH NONGOVERNMENTAL OR- later than 180 days after the date of enact- (3) COMPOSITION.—The Task Force shall in- GANIZATIONS.—In compiling data and assess- ment of this Act, the Attorney General and clude representatives from the— ing trafficking for the Human Rights Report the Secretary of State shall jointly promul- (A) Violence Against Women Office, Office and the Inter-Agency Task Force to Monitor gate regulations for law enforcement per- of Justice Programs, Department of Justice; and Combat Trafficking Annual Report, sonnel, immigration officials, and Foreign (B) Office of Women in Development, United States mission personnel shall seek Service officers requiring that— United States Agency for International De- out and maintain contacts with human (1) Federal, State and local law enforce- velopment; and rights and other nongovernmental organiza- ment, immigration officials, and Foreign (C) Bureau of International Narcotics and tions, including receiving reports and up- Service officers shall be trained in identi- Law Enforcement Affairs, Department of dates from such organizations, and, when ap- fying and responding to trafficking victims; State. propriate, investigating such reports. (2) trafficking victims shall not be jailed, (4) STAFF.—The Task Force shall be au- SEC. 6. INELIGIBILITY FOR POLICE ASSISTANCE. fined, or otherwise penalized due to having been trafficked, or nature of work; thorized to retain up to five staff members (a) INELIGIBILITY.—Except as provided in within the Bureau of Democracy, Human subsection (b), any foreign government coun- (3) trafficking victims shall have access to Rights, and Labor Affairs, and the Presi- try identified in the latest report submitted legal assistance, information about their dent’s Interagency Council on Women to pre- under section 5 as a government that— rights, and translation services; pare the annual report described in sub- (1) has failed to take effective action to- (4) trafficking victims shall be provided section (b) and to carry out additional tasks wards ending the participation of its officials protection if, after an assessment of security which the Task Force may require. The Task in trafficking; and risk, it is determined the trafficking victim Force shall regularly hold meetings on its (2) has failed to investigate and prosecute is susceptible to further victimization; and activities with nongovernmental organiza- meaningfully those officials found to be in- (5) prosecutors shall take into consider- tions. volved in trafficking, ation the safety and integrity of trafficked persons in investigating and prosecuting (b) ANNUAL REPORT TO CONGRESS.—Not shall not be eligible for police assistance. traffickers. later than March 1 of each year, the Sec- (b) WAIVER OF INELIGIBILITY.—The Presi- retary of State, with the assistance of the dent may waive the application of subsection SEC. 8. ASSISTANCE TO TRAFFICKING VICTIMS. Task Force, shall submit a report to Con- (a) to a foreign country if the President de- (a) IN THE UNITED STATES.—The Secretary gress describing the status of international termines and certifies to Congress that the of Health and Human Services is authorized trafficking, including— provision of police assistance to the country to provide, through the Office of Refugee Re- (1) a list of foreign states where trafficking is in the national interest of the United settlement, assistance to trafficking victims originates, passes through, or is a destina- States. and their children in the United States, in- cluding mental and physical health services, tion; and SEC. 7. PROTECTION OF TRAFFICKING VICTIMS. and shelter. (2) an assessment of the efforts by the gov- (a) NONIMMIGRANT CLASSIFICATION FOR (b) IN OTHER COUNTRIES.—The President, ernments described in paragraph (1) to com- TRAFFICKING VICTIMS.—Section 101(a)(15) of acting through the Administrator of the bat trafficking. Such an assessment shall ad- the Immigration and Nationality Act (8 United States Agency for International De- dress— U.S.C. 1101(a)(15)) is amended— velopment, is authorized to provide pro- (A) whether any governmental authorities (1) by striking ‘‘or’’ at the end of subpara- grams and activities to assist trafficking tolerate or are involved in trafficking activi- graph (R); victims and their children abroad, including ties; (2) by striking the period at the end of sub- provision of mental and physical health serv- (B) which governmental authorities are in- paragraph (S) and inserting ‘‘; or’’; and ices, and shelter. Such assistance should give volved in anti-trafficking activities; (3) by adding at the end the following new special priority to programs by nongovern- (C) what steps the government has taken subparagraph: mental organizations which provide direct toward ending the participation of its offi- ‘‘(T) an alien who the Attorney General de- services and resources for trafficking vic- cials in trafficking; termines— tims. (D) what steps the government has taken ‘‘(i) is physically present in the United SEC. 9. AUTHORIZATION OF APPROPRIATIONS. to prosecute and investigate those officials States, and (a) AUTHORIZATION OF APPROPRIATIONS FOR found to be involved in trafficking; ‘‘(ii) is or has been a trafficking victim (as THE INTER-AGENCY TASK FORCE.—To carry (E) what steps the government has taken defined in section 4 of the International out the purposes of section 5, there are au- to prohibit other individuals from partici- Trafficking of Women and Children Victim thorized to be appropriated to the Secretary pating in trafficking, including the inves- Protection Act of 1999), of State $2,000,000 for fiscal year 2000 and tigation, prosecution, and conviction of indi- for a stay of not to exceed 3 months in the $2,000,000 for fiscal year 2001. viduals involved in trafficking, the criminal United States, except that any such alien (b) AUTHORIZATION OF APPROPRIATIONS TO and civil penalties for trafficking, and the ef- who has filed a petition seeking asylum or THE SECRETARY OF HHS.—To carry out the ficacy of those penalties on reducing or end- who is pursuing civil or criminal action purposes of section 8(a), there are authorized ing trafficking; against traffickers shall have the alien’s sta- to be appropriated to the Secretary of Health (F) what steps the government has taken tus extended until the petition or litigation and Human Services $20,000,000 for fiscal year to assist trafficking victims, including ef- reaches its conclusion.’’. 2000 and $20,000,000 for fiscal year 2001. forts to prevent victims from being further (b) WAIVER OF GROUNDS FOR INELIGIBILITY (c) AUTHORIZATION OF APPROPRIATIONS TO victimized by police, traffickers, or others, FOR ADMISSION.—Section 212(d) of the Immi- THE PRESIDENT.—To carry out the purposes grants of stays of deportation, and provision gration and Nationality Act (8 U.S.C. 1182(d)) of section 8(b), there are authorized to be ap- of humanitarian relief, including provision is amended— propriated to the President $20,000,000 for fis- of mental and physical health care and shel- (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and cal year 2000 and $20,000,000 for fiscal year ter; (2) by adding at the end the following: 2001. (G) whether the government is cooperating ‘‘(2) The Attorney General shall, in the At- (d) PROHIBITION.—Funds made available to with governments of other countries to ex- torney General’s discretion, waive the appli- carry out this Act shall not be available for tradite traffickers when requested; cation of subsection (a) (other than para- the procurement of weapons or ammunition. (H) whether the government is assisting in graph (3)(E)) in the case of a nonimmigrant international investigations of transnational described in section 101(a)(15)(T), if the At- By Mr. COCHRAN: trafficking networks; and torney General considers it to be in the na- S. 601. A bill to improve the foreign (I) whether the government— tional interest to do so.’’. language assistance program; to the (i) refrains from prosecuting trafficking (c) INVOLUNTARY SERVITUDE.—Section 1584 Committee on Health, Education, victims or refrains from other discrimina- of title 18, United States Code, is amended— Labor, and Pensions. tory treatment towards trafficking victims (1) inserting ‘‘(a)’’ before ‘‘Whoever’’; FOREIGN LANGUAGE EDUCATION IMPROVEMENT due to such victims having been trafficked, (2) by striking ‘‘or’’ after ‘‘servitude’’; AMENDMENTS OF 1999 or the nature of their work, or their having (3) by inserting ‘‘transfers, receives or har- Mr. COCHRAN. Mr. President, today left the country illegally; and bors any person into involuntary servitude, (ii) recognizes the rights of victims and en- or’’ after ‘‘servitude,’’; and I am introducing a bill to amend the sures their access to justice. (4) by adding at the end the following: Foreign Language Assistance Program (c) REPORTING STANDARDS AND INVESTIGA- ‘‘(b) In this section, the term ‘involuntary which is administered under the Ele- TIONS.— servitude’ includes trafficking, slavery-like mentary and Secondary Education Act.

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.002 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4247 The Foreign Language Education Im- guages, but in the 31 percent of elemen- estimated to be $20 billion internation- provement Amendments of 1999 make tary schools that offer foreign lan- ally. That is money spent by our gov- changes that encourage and make pos- guage instruction, only 21 percent have ernment, our businesses and individ- sible the teaching of a second language proficiency as the goal of the program. uals to teach adults a skill essential in to students in elementary and sec- Among the most frequently cited prob- the global relationships of industry, di- ondary schools with limited re- lems facing foreign language programs plomacy, defense, and higher edu- sources—in particular, those schools were inadequate funding, inadequate cation. heavily impacted by the unique prob- in-service teacher training, teacher The evidence of need is great, and yet lems of educating a high population of shortages and a lack of sequencing there is a lack of sufficient foreign lan- disadvantaged students. from elementary to secondary school. guage training at the K–12 level. We My bill also provides schools an in- This survey is a good snapshot of the have one program in the Elementary centive to initiate foreign language state of the teaching of foreign lan- and Secondary Education Act aimed at programs, promotes technology, dis- guages K–12 in our country. It can be providing incentives and giving grants tance learning, and other innovative read as encouraging: that we know we to schools for this purpose. It is a pro- activities in the effective instruction should be teaching languages earlier; gram that is currently funded at just $5 of a foreign language. that more schools are attempting to million for a few matching grants in a Recent research about the human teach foreign languages; and that more handful of states. However, the section brain and language acquisition, which languages are being taught. It also of this law providing a grant for we’ve heard a lot about in connection clearly shows where we need improve- schools that offer foreign language in- to the teaching of reading and early ment: that we need to show accom- struction programs has never been childhood development, revealed that plishment in teaching our students for- funded. A frustrating aspect of this the ability to learn new languages is eign languages; that more schools need good program is that the schools in the highest between birth and age six. to have the resources to offer the nec- most need of the assistance can’t afford ‘‘Windows of opportunity’’ is how a essary course work for attaining this the ante. My amendments establish a February 3, 1997, Time article described skill; and, that foreign languages 50 percent set aside for schools serving this neurological function, which effec- should be a priority. the most disadvantaged students, and tively is open and pliable during the The advantages of having foreign lan- eliminates the matching share require- early years of life and closes by the age guage ability range from greater oppor- ment for those schools. This bill also of ten. tunities for college admission to ful- increases the annual authorization for We all know, from personal and other filling national security needs. The Na- the program from $55,000,000 to tional Council for Languages and Inter- practical experience, that of course, $75,000,000. people learn foreign languages beyond national Studies found that the top at- I hope that we will give greater at- the age of ten. But, the enlightening tainable skill cited as a determining tention to this program when we make fact of the research is that humans factor for likely college admission is funding decisions, so that schools with- learn languages easier, and best at an foreign language proficiency. There are out the advantages of plentiful re- also social and cultural tolerance ad- early age. sources can provide their students with vantages that the National Council for The National School Boards Associa- a high quality and competitive edu- Languages and International Studies tion publication, School Board News, cation. printed an article in July, 1997 that de- and others cite, which most of us can My amendments to the ESEA For- scribes early foreign language pro- appreciate. According to a February eign Language Assistance Program will 1998, USA Today survey, top executives grams, and the benefits of learning lan- provide new opportunities and encour- of America’s businesses cited a need for guages early: agement to our school children, teach- and lack of foreign language skills According to the Center for Applied Lin- ers, and parents, so we can better meet twice as great as any other skill in de- guistics (CAL) in Washington, D.C., the early our global business challenges and na- mand. study of a second language offers many bene- tional security needs. fits for students, including gains in academic The National Foreign Language Cen- achievement, positive attitudes toward di- ter published a 1999 report titled, Lan- By Mr. SHELBY (for himself, Mr. versity, increased flexibility in thinking, guage and National Security for the BOND, Mr. COVERDELL, Mr. greater sensitivity to language, and a better 21st Century: The Federal Role in Sup- HAGEL, Mr. KYL, Mr. BURNS, ear for listening and pronunciation. Foreign porting National Language Capacity. Mr. GRAMM, Mr. ASHCROFT, Mr. language study also improves children’s un- This report is very compelling in its re- THOMAS, Mr. ABRAHAM, Mr. derstanding of their native language, in- view of the need for military and civil- GRASSLEY, Mr. HELMS, Mr. crease creativity, helps students get better ian personnel with foreign language ca- SAT scores, and increase their job opportuni- INHOFE, Mr. SESSIONS, Mr. pability, and the lack thereof in our ties. GRAMS, Mr. COCHRAN, Mr. current and rising workforces. Here are HUTCHINSON and Ms. SNOWE): The evidence shows that children some quotes from that report: who learn foreign languages score high- S. 602. A bill to amend chapter 8 of For example, the admission of a DEA offi- title 5, United States Code, to provide er in all academic subjects than those cial in September, 1997 that the agency lacks who speak only English. Most devel- sufficient Russian language expertise to for congressional review of any rule oped countries recognize this and, ac- combat organized crime in groups from the promulgated by the Internal Revenue cording to the National Foreign Lan- former Soviet Union indicates a shortfall in Service that increases Federal Rev- guage Center, the United States is supply of such expertise. enue, and for other purposes; to the alone in not teaching foreign languages * * * * * Committee on Government Affairs. routinely before the age of twelve. Con- The Foreign Service reports that only 60% THE STEALTH TAX PREVENTION ACT gress recognized the need for foreign of its billets requiring language are at Mr. SHELBY. Mr. President, I rise language study when it passed Goals present filled, with waivers applied to the today with my colleague Senator BOND, 2000 in 1994, making foreign language other 35%. to introduce the Stealth Tax Preven- acquisition an education priority. * * * * * tion Act. Among the many powers In February of this year, the Center Clearly, the academic system falls short in given to Congress by the Constitution producing speakers minimally qualified to for Applied Linguistics released the re- hold jobs requiring the use of foreign lan- of the United States, the responsibility sults of a U.S. Department of Edu- guage, which is why the federal language of taxation is perhaps the most impor- cation funded survey of foreign lan- programs exist and why the language train- tant. The Founding Fathers rationale guage teaching in preschool through ing business in the private sector is so suc- behind bestowing this power to Con- 12th grade in the United States. The re- cessful. gress is that because, as elected rep- sults show a rising awareness and in- The same report further explains resentative, Congress remains account- crease in the teaching of foreign lan- that the language training business is able to the voters when they levy and

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.002 S11MR9 4248 CONGRESSIONAL RECORD—SENATE March 11, 1999 collect taxes. Politicians are rightly tion through interpretation of the Tax effect for at least 60 days. This proce- held responsible to the public for pro- Code is unconscionable. The Stealth dural safeguard will ensure that the ducing fair and prudent tax legislation. Tax Prevention Act will leave tax pol- Department of the Treasury and its In- Three years ago, Mr. President, Con- icy where it belongs, to elected Mem- ternal Revenue Service cannot make gress passed the Congressional Review bers of the Congress, not unelected and an end-run around Congress, as it at- Act, which provides that when a major unaccountable IRS bureaucrats. tempted with the ‘‘stealth tax’’ it pro- agency rule takes effect, Congress has Mr. BOND. Mr. President, today I posed on January 13, 1997. 60 days to review it. During this time join my distinguished colleague from In that case, the IRS issued a pro- period, Congress has the option to pass Alabama, Senator SHELBY, in reintro- posal that is tantamount to a tax in- a disapproval resolution. If no such res- ducing legislation, which we proudly crease on businesses structured as lim- olution is passed, the rule then goes offered in the 105th Congress and will ited liability companies. The IRS pro- into effect. work to enact during the 106th Con- posed to disqualify a taxpayer from As you know, Mr. President, the In- gress. Our goal is to ensure that the being considered as a limited partner if ternal Revenue Service maintains an Treasury Department’s Internal Rev- he or she ‘‘participates in the partner- enormous amount of power over the enue Service does not usurp the power ship’s trade or business for more than lives and the livelihoods of the Amer- to tax—a power solely vested in Con- 500 hours during a taxable year’’ or is ican taxpayers through their authority gress by the U.S. Constitution. ‘‘The involved in a ‘‘service’’ partnership, to interpret the Tax Code. The Stealth Stealth Tax Prevention Act’’ will en- such as lawyers, accountants, engi- Tax Prevention Act, that Senator BOND sure that the duly elected representa- neers, architects, and health-care pro- and I are introducing along with Mr. tives of the people, who are account- viders. COVERDELL, Mr. HAGEL, Mr. KYL, Mr. able to the electorate for our actions, The IRS alleges that its proposal BURNS, Mr. GRAMM, Mr. ASHCROFT, Mr. will have discretion to exercise the merely interprets section 1402(a)(13) of THOMAS, Mr. ABRAHAM, Mr. GRASSLEY, power to tax. This legislation is in- the Internal Revenue Code, providing Mr. HELMS, Mr. INHOFE, Mr. SESSIONS, tended to curb the ability of the Treas- clarification, when in actuality it is a Mr. GRAMS, Mr. COCHRAN, Mr. HUTCH- ury Department to bypass Congress by tax increase regulatory fiat. Under the INSON, and Ms. SNOWE, will expand the proposing a tax increase without the IRS proposal, disqualification as a lim- definition of a major rule to include, authorization or consent of Congress. ited partner will result in a tax in- Mr. President, any IRS regulation The Stealth Tax Prevention Act crease on income from both capital in- which increases Federal revenue. Why? builds on legislation passed unani- vestments as well as earnings of the Because we need to return the author- mously by the Senate in the 104th Con- partnership. The effect will be to add ity of taxation to the United States gress. As Chairman of the Committee the self-employment tax (12.4% for so- Congress. on Small Business, I authored the cial security and 2.9% for Medicare) to For example, if the Office of Manage- Small Business Regulatory Enforce- income from investments as well as ment and Budget finds that the imple- ment Fairness Act—better known as earnings for limited partners who mentation and enforcement of a rule the Red Tape Reduction Act—to ensure under current rules can exclude such would result in an increase of Federal that small businesses are treated fairly income from the self employment tax. revenues over current practices or rev- in agency rulemaking and enforcement Under the bill introduced today, this enues anticipated from the rule on the activities. Subtitle E of the Red Tape tax increase on limited partners, if date of the enactment of the statute, Reduction Act provides that a final later issued as a final rule, could not go the Stealth Tax Prevention Act would rule issued by a Federal agency and into effect for at least 60 days following allow Congress to review the regula- deemed a ‘‘major rule’’ by the Office of its publication in the Federal Register. tions and take appropriate measures to This window, which coincides with avoid raising taxes on hard working Information and Regulatory Affairs of issuance of a report by the Comptroller Americans, in most cases, small busi- the Office of Management and Budget nesses. cannot go into effect for at least sixty General, would allow Congress the op- The discretionary authority of the days. This delay is to provide Congress portunity to review the rule and vote Internal Revenue Service exposes small with a window during which we can re- on a resolution to disapprove the tax businesses, farmers, and others to the view the rule and its impact, allowing increase before it is applied to a single sometimes arbitrary actions of bureau- time for Congress to consider whether taxpayer. crats, thus creating an uncertain and, a resolution of disapproval should be The Stealth Tax Prevention Act under certain cases, hostile environ- enacted to strike down the regulation. strengthens the Red Tape Reduction ment in which to conduct day-to-day To become effective, the resolution Act and the vital procedural safeguards activities. Most of these people do not must pass both the House and Senate it provides to ensure that small busi- have lobbyists that work for them and be signed into law by the President nesses are not burdened unnecessarily other than their elected Representa- or enacted as the result of a veto over- by new Federal regulations. Congress tives. The Stealth Tax Prevention Act ride. enacted the 1996 provisions to strength- will be particularly helpful in lowering Later this month, I will commemo- en the effectiveness of the Regulatory the tax burden on small business which rate the third anniversary of the Red Flexibility Act, a law which had been suffers disproportionately, Mr. Presi- Tape Reduction Act’s enactment by ignored too often by government agen- dent, from IRS regulations. This bur- highlighting the progress made to date cies, especially the Internal Revenue den discourages the startup of new and the obstacles small businesses con- Service. Three of the top recommenda- firms and ultimately the creation of tinue to face primarily due to agency tions of the 1995 White House Con- new jobs in the economy, which has noncompliance. Because of the IRS’ ference on Small Business sought re- really made America great today. significant impact on the activities of forms to the way government regula- Americans are now paying a higher small businesses, the Service’s imple- tions are developed and enforced, and share of their income to the Federal mentation of the Red Tape Reduction the Red Tape Reduction Act passed the government than at any time since the Act and the Regulatory Flexibility Act Senate without a single dissenting vote end of World War II. They, Mr. Presi- is of utmost importance to the Com- on its way to being signed into law on dent, as you well know, pay State in- mittee on Small Business. March 29, 1996. Despite the inclusion of come taxes. They pay property taxes. The bill Senator SHELBY and I intro- language in the 1996 amendments that On the way to work in the morning duce today amends this law to provide expressly addresses coverage of IRS in- they pay a gasoline tax when they fill that any rule issued by the Treasury terpretative rules, the IRS continues up their car, and a sales tax when they Department’s Internal Revenue Service to bypass compliance with the Regu- buy a cup of coffee. that will result in a tax increase—any latory Flexibility Act. Allowing bureaucrats to increase increase—will be deemed a major rule As 18 of my Senate colleagues and I taxes even further, at their own discre- by OIRA and, consequently, not go into advised Secretary Rubin in an April 9,

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.002 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4249 1997, letter, the proposed IRS regula- sure the rights of airline passengers, to air fare and flight and with greater tion on limited-partner taxation is pre- provide for full disclosure to those pas- flexibility over unused or partially cisely the type or rule for which a reg- sengers, and for other purposes; to the used fares. ulatory flexibility analysis should be Committee on Commerce, Science, and The price of an airline ticket is as done. Although, on its face, the rule- Transportation. much a mystery as the Pyramids or making seeks merely to ‘‘define a lim- AIRLINE DEREGULATION AND DISCLOSURE ACT the Hanging Gardens. In fact, The New ited partner’’ or to ‘‘eliminate uncer- OF 1999 York Times reported that on a single tainty’’ in determining net earnings Mr. SHELBY. Mr. President, the leg- flight, passengers paid 27 different from self-employment, the real effect islation that abolished the Civil Aero- fares, ranging from $87 to $728. We of the rule would be to raise taxes by nautics Board in 1978 and deregulated should not adopt any measure that dis- executive fiat and expand substantially the airline industry has been a huge courage air carriers from discounting the spirit and letter of the underlying success. Americans are flying more, fares or that chill the benefits airline statute. The rule also seeks to impose and more Americans are flying; at the consumers are now receiving. Air car- on small businesses a burdensome new same time, air fares have dropped and riers, however, should not be allowed recordkeeping and collection of infor- air travel has become safer. The aver- to continue bait-and-switch adver- mation requirement that would affect age price of an airline ticket has de- tising. If an air carrier offers a dis- millions of limited partners and mem- creased approximately 33 percent in counted fare, my bill permits all pas- bers of limited liability companies. The real terms since market forces replaced sengers to make a confirmed reserva- IRS proposed this ‘‘stealth’’ tax in- the whims of federal bureaucrats in tion at that same price for a twenty- crease with the knowledge that Con- setting fares. The number of passengers four hour period. gress declined to adopt a similar tax flying domestic routes has more than Under my bill, consumers will get increase in the Health Security Act doubled to approximately 600 million more ticket and flight information. proposed in 1994—a provision that the annually. It is not surprising, then, Airlines will be required to notify pas- Congressional Joint Committee on that air travel is no longer an exclusive sengers about flight delays, cancella- Taxation estimated in 1994 would have privilege of the elite and today is ac- tions, or diversions. Air carriers must resulted in a tax increase of approxi- cessible to most Americans. also disclose if the passenger will be traveling on a carrier other than the mately $500 million per year. While deregulation of the airline in- The Stealth Tax Prevention Act dustry overall has yielded the benefits one from whom the consumer pur- would remove any incentive for the that free markets promise, there are chased the ticket or if the flight will Treasury Department to underestimate growing pains. As the number of air require the passenger to change planes. At the same time, my bill will ensure the cost imposed by an IRS proposed or passengers increases, so has the num- that air carriers are penalized for can- final rule in an effort to skirt the Ad- ber of consumer complaints against air carriers. Some members of Congress celing flights, bumping passengers, and ministration’s regulatory review proc- holding travelers hostage on board an have concluded that competition does ess or its obligations under the Regu- aircraft with inpunity. Whenever an not work for commercial aviation. latory Flexibility Act. By amending airline passenger is unable to make a They have stepped forward with pro- the definition of ‘‘major rule’’ under flight, the passenger will have the op- posals to reimpose federal control over the Congressional Review Act, which is portunity to board a similar flight on a air fares and carrier routes, to offer Subtitle E of the Red Tape Reduction standby basis. Whenever an airline can- taxpayer subsidies to fledgling air car- Act, we ensure that an IRS rule that cels a flight for their convenience, it riers to compete against industry goli- imposes a tax increase will be a major will have to offer to compensate each aths, or to levy a variety of new fines rule, whether or not it has an esti- passenger. Whenever an airline keeps that would add to the Department of mated annual effect on the economy of passengers on board an aircraft that $100,000,000. Our amendment does not Transportation’s duty the role of meter sits on the tarmac for more than two change the trigger for a regulatory maid. We should be wary of any such hours, it will have to offer to com- flexibility analysis, which still will be effort to reintroduce the heavy hand of pensate each passenger. required if a proposed rule would have government under the auspices of pro- The Airline Deregulation Act of 1978 ‘‘a significant economic impact on a tecting airline passengers. started a revolution in the airline in- substantial number of small entities.’’ Mr. President, lets not rush to throw dustry, a revolution that according to We believe the heightened scrutiny of out the baby with the bath water and a Brookings Institution study has ben- IRS regulations called for by this legis- undo twenty years of unprecedented efitted consumers by $18.4 billion. That lation will provide an additional incen- growth and consumer savings under de- revolution is unfinished. I want to take tive for the Treasury Department’s In- regulation. Now is the time to reinvig- the next step and promote new com- ternal Revenue Service to meet all of orate competition in the air passenger petition in the passenger aviation mar- its procedural obligations under the market, even if the air carriers do not ketplace. My bill does this by taking Reg Flex Act and the Red Tape Reduc- welcome it. The best way to increase away much of the mystery associated tion Act. competition is to regulate less, not with flying. I urge my colleagues to join us in more. Regulations that serve as bar- Mr. President, I ask unanimous con- supporting this important legislation riers to the commercial aviation mar- sent that the text of the bill be printed to ensure that the IRS neither usurps ket should be removed. Regulations in the RECORD. the proper role of Congress—nor skirts that promote the division of the mar- There being no objection, the bill was its obligations to identify the impact ketplace into regional cartels should ordered to be printed in the RECORD, as of its proposed and final rules. When be abandoned. Regulations and FAA follows: the Department of the Treasury issues management practices that delay the Be it enacted by the Senate and House of a final IRS rule that increases taxes, installation of new technology that fa- Representatives of the United States of America Congress should have the ability to ex- cilitates competition should be stream- in Congress assembled, ercise its discretion to enact a resolu- lined. SECTION 1. SHORT TITLE. I believe that we can also increase This Act may be cited as the ‘‘Airline De- tion of disapproval before the rule is regulation and Disclosure Act of 1999’’. applicable to a single taxpayer. The competition in the airline industry by providing the traveling public with SEC. 2. AIRLINE PASSENGER PROTECTION. Stealth Tax Prevention Act Senator (a) IN GENERAL.—Subchapter I of chapter SHELBY and I introduce today provides more useful information and by giving 417 of title 49, United States Code, is amend- that opportunity. consumers ownership of the commodity ed by adding at the end the following: they have purchased—their seat on an ‘‘§ 41716. Air carrier passenger protection By Mr. SHELBY: airplane. Today, I am introducing leg- ‘‘(a) DELAY, CANCELLATION, OR DIVERSION.— S. 603. A bill to promote competition islation that will provide passengers ‘‘(1) EXPLANATION OF DELAY, CANCELLATION, and greater efficiency of airlines to en- with greater information about their OR DIVERSION REQUIRED.—An announcement

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.002 S11MR9 4250 CONGRESSIONAL RECORD—SENATE March 11, 1999 by an air carrier of a delay or cancellation of ‘‘(2) assess an additional fee or charge for flights scheduled on that route during the 24- a flight, or a diversion of a flight to an air- using only a portion of that purchased air month period preceding the 24-hour period port other than the airport at which the transportation to be paid by— specified in subparagraph (A). flight is scheduled to land, shall include an ‘‘(A) that person; or ‘‘(g) ACCESS TO ALL FARES.—Each air car- explanation of each reason for the delay, ‘‘(B) any ticket agent that sold the air rier operating in the United States shall cancellation, or diversion. transportation to that person. make information concerning all fares for ‘‘(2) PROHIBITION ON FALSE OR MISLEADING ‘‘(f) EQUITABLE FARES; FREQUENT FLYER air transportation charged by that air car- EXPLANATIONS.—No air carrier shall provide PROGRAM AWARDS.— rier available to the public, through— an explanation under paragraph (1) that the ‘‘(1) REDUCED FARES.—Subject to paragraph ‘‘(1) computer-based technology; and air carrier knows or has reason to know is (2), if an air carrier makes seats available on ‘‘(2) means other than computer-based false or misleading. a specific date at a reduced fare, that air car- technology.’’. ‘‘(3) DELAYS AFTER ENPLANING OR BEFORE rier shall be required to make available air (b) PENALTIES.—Section 46301(a)(1)(A) of DEPLANING.— transportation at that reduced fare for any title 49, United States Code, is amended by ‘‘(A) IN GENERAL.—Except as provided in passenger that requests a seat at that re- striking ‘‘or 41715 of this title’’ and inserting subparagraph (B), no air carrier may require duced fare during a 24-hour period beginning ‘‘, 41715, or 41716 of this title’’. a passenger on a flight of that air carrier to with the initial offering of that reduced fare. (c) CONFORMING AMENDMENT.—The table of remain onboard an aircraft for a period ‘‘(2) LIMITATION.— sections for chapter 417 of title 49, United longer than 2 hours after— ‘‘(A) IN GENERAL.—An air carrier shall not States Code, is amended by inserting after ‘‘(i) the passenger enplaned, in any case in be required under paragraph (1) to make a the item relating to section 41715 the fol- which the aircraft has not taken flight from seat available for a route at a reduced fare, lowing: the airport during that period; or if providing that seat at that fare would re- ‘‘41716. Air carrier passenger protection.’’. ‘‘(ii) the aircraft has landed at an airport, sult in the air carrier being unable to pro- if the aircraft remains in that airport with- vide, for the 24-hour period specified in that f out taking flight. paragraph, the applicable historic average ADDITIONAL COSPONSORS ‘‘(B) ELECTION.—A passenger described in number of seats offered at an unreduced fare subparagraph (A) may remain onboard an for the route, as determined under subpara- S. 98 aircraft described in clause (i) or (ii) of that graph (B). At the request of Mr. MCCAIN, the subparagraph for a period longer than the ‘‘(B) HISTORIC AVERAGE.—With respect to a names of the Senator from Kentucky applicable period described in that subpara- route, the historic average number of seats (Mr. MCCONNELL), the Senator from graph, if, not later than the end of that 2- offered at an unreduced fare for the route is Missouri (Mr. ASHCROFT), the Senator hour period— the average number of seats offered at an un- from Colorado (Mr. ALLARD), and the ‘‘(i) the air carrier offers the passenger an reduced fare per day by an air carrier for Senator from Florida (Mr. MACK) were opportunity to deplane with a full refund of flights scheduled on that route during the 24- air fare; and month period preceding the 24-hour period added as cosponsors of S. 98 a bill to ‘‘(ii) the passenger declines that offer.’’. specified in paragraph (1). authorize appropriations for the Sur- ‘‘(b) ECONOMIC CANCELLATIONS.— ‘‘(3) STANDBY USE OF TICKETS.—An air car- face Transportation Board for fiscal ‘‘(1) NONSAFETY CANCELLATIONS.—If, on the rier shall permit an individual to use a tick- years 1999, 2000, 2001, and 2002, and for date a flight of an air carrier is scheduled, et (or equivalent electronic record) issued by other purposes. the carrier cancels the flight for any reason that air carrier on a standby basis for any S. 172 other than safety, the carrier shall provide flight that has the same origin and destina- to each passenger that purchased air trans- tion as are indicated on that ticket (or At the request of Mr. MOYNIHAN, the portation on the flight a refund of the equivalent electronic record). name of the Senator from Rhode Island amount paid for the air transportation. ‘‘(4) FREQUENT FLYER PROGRAM AWARDS.— (Mr. REED) was added as a cosponsor of ‘‘(2) CANCELLATIONS FOR SAFETY.—A can- ‘‘(A) IN GENERAL.—Subject to subparagraph S. 172, a bill to reduce acid deposition cellation for safety is a cancellation made by (C), in a manner consistent with applicable under the Clean Air Act, and for other reason of— requirements of a frequent flyer program, if purposes. ‘‘(A) an insufficient number of crew mem- an air carrier makes any seat available on a S. 249 bers; specific date for use by a person redeeming ‘‘(B) weather; an award under that frequent flyer program At the request of Mr. HATCH, the ‘‘(C) a mechanical problem; or on any route in air transportation provided name of the Senator from Missouri ‘‘(D) any other matter that prevents— by the air carrier, that air carrier shall, to (Mr. ASHCROFT) was added as a cospon- ‘‘(i) the safe operation of the flight; or the extent practicable during the 24-hour pe- sor of S. 249, a bill to provide funding ‘‘(ii) the flight from operating in accord- riod beginning with the redemption of that for the National Center for Missing and ance with applicable regulations of the Fed- award— Exploited Children, to reauthorize the eral Aviation Administration. ‘‘(i) redeem any other award under that Runaway and Homeless Youth Act, and ‘‘(c) CODE SHARING.—An air carrier, foreign frequent flyer program for air transportation for other purposes. air carrier, or ticket agent may sell air on that route; and transportation in the United States for a ‘‘(ii) make a seat available for the person S. 261 flight that bears a designator code of a car- who redeems that other award on a flight on At the request of Mr. SPECTER, the rier other than the carrier that will provide that route. names of the Senator from Utah (Mr. the air transportation, only if the carrier or ‘‘(B) STANDBY USE OF FREQUENT FLYER PRO- HATCH) and the Senator from Min- ticket agent selling the air transportation GRAM AWARDS.—An air carrier shall permit nesota (Mr. WELLSTONE) were added as first informs the person purchasing the air an individual to redeem a ticket (or equiva- cosponsors of S. 261, a bill to amend the transportation that the carrier providing the lent electronic record) acquired through a Trade Act of 1974, and for other pur- air transportation will be a carrier other frequent flyer award on a standby basis for than the carrier whose designator code is any flight that has the same origin and des- poses. used to identify the flight. tination as are indicated on that ticket (or S. 306 ‘‘(d) MULTIPLE FLIGHTS.—An air carrier, equivalent electronic record). At the request of Mr. FRIST, the foreign air carrier, or ticket agent that sells ‘‘(C) LIMITATION.— names of the Senator from Tennessee air transportation in the United States that ‘‘(i) IN GENERAL.—An air carrier shall not (Mr. THOMPSON) and the Senator from requires taking flights on more than 1 air- be required under subparagraph (A) to make North Carolina (Mr. EDWARDS) were craft shall be required to provide notifica- a seat available for a route for use by a per- tion on a ticket, receipt, or itinerary pro- son redeeming a frequent flyer award, if pro- added as cosponsors of S. 306, a bill to vided to the purchaser of that air transpor- viding that seat to that person would result regulate commercial air tours over- tation that the passenger shall be required in the air carrier being unable to provide, for flying the Great Smokey Mountains to change aircraft. the 24-hour period specified in that para- National Park, and for other purposes. ‘‘(e) AIR CARRIER PRICING POLICIES.—An air graph, the applicable historic average num- S. 336 carrier may not— ber of seats offered at an unreduced fare for At the request of Mr. LEVIN, the ‘‘(1) prohibit a person (including a govern- the route, as determined under clause (ii). name of the Senator from Connecticut mental entity) that purchases air transpor- ‘‘(ii) HISTORIC AVERAGE.—With respect to a tation from only using a portion of the air route, the historic average number of seats (Mr. LIEBERMAN) was added as a co- transportation purchased (including using offered at an unreduced fare for the route is sponsor of S. 336, a bill to curb decep- the air transportation purchased only for 1- the average number of seats offered at an un- tive and misleading games of chance way travel instead of round-trip travel); or reduced fare per day by an air carrier for mailings, to provide Federal agencies

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with additional investigative tools to Pennsylvania (Mr. SPECTER), the Sen- Whereas the Taiwan Relations Act has police such mailings, to establish addi- ator from New Mexico (Mr. BINGAMAN), been instrumental in maintaining peace, se- tional penalties for such mailings, and the Senator from Missouri (Mr. BOND), curity, and stability in the Taiwan Strait for other purposes. the Senator from California (Mrs. since its enactment in 1979; Whereas, when the Taiwan Relations Act S. 346 BOXER), the Senator from Louisiana was enacted, it reaffirmed that the United At the request of Mr. HUTCHINSON, (Mr. BREAUX), the Senator from Ken- States decision to establish diplomatic rela- the name of the Senator from New tucky (Mr. BUNNING), the Senator from tions with the People’s Republic of China is Mexico (Mr. DOMENICI) was added as a Colorado (Mr. CAMPBELL), the Senator based upon the expectation that the future cosponsor of S. 346, a bill to amend from Maine (Ms. COLLINS), the Senator of Taiwan will be determined by peaceful title XIX of the Social Security Act to from Idaho (Mr. CRAIG), the Senator means; from Tennessee (Mr. FRIST), the Sen- Whereas officials of the People’s Republic prohibit the recoupment of funds re- of China refuse to renounce the use of force ator from Washington (Mr. GORTON), covered by States from one or more to- against democratic Taiwan; bacco manufacturers. the Senator from Florida (Mr. Whereas the defense modernization and S. 499 GRAHAM), the Senator from Texas (Mr. weapons procurement efforts by the People’s GRAMM), the Senator from Nebraska At the request of Mr. FRIST, the Republic of China, as documented in the Feb- name of the Senator from Mississippi (Mr. HAGEL), the Senator from Iowa ruary 1, 1999, report by the Secretary of De- (Mr. HARKIN), the Senator from South fense on ‘‘The Security Situation in the Tai- (Mr. COCHRAN) was added as a cospon- wan Strait’’, could threaten cross-strait and sor of S. 499, a bill to establish a con- Carolina (Mr. HOLLINGS), the Senator from Arkansas (Mr. HUTCHINSON), the East Asian stability and United States inter- gressional commemorative medal for ests in the East Asia region; Senator from Vermont (Mr. JEFFORDS), organ donors and their families. Whereas the Taiwan Relations Act pro- the Senator from Indiana (Mr. LUGAR), S. 537 vides explicit guarantees that the United the Senator from Kentucky (Mr. States will make available defense articles At the request of Mr. LUGAR, the MCCONNELL), the Senator from Okla- and defense services in such quantities as name of the Senator from Mississippi homa (Mr. NICKLES), the Senator from may be necessary for Taiwan to maintain a (Mr. COCHRAN) was added as a cospon- Kansas (Mr. ROBERTS), the Senator sufficient self-defense capability; sor of S. 537, a bill to amend the Inter- from West Virginia (Mr. ROCKEFELLER), Whereas the Taiwan Relations Act requires nal Revenue Code of 1986 to adjust the the Senator from New York (Mr. SCHU- timely reviews by United States military au- exemption amounts used to calculate thorities of Taiwan’s defense needs in con- MER), the Senator from Alabama (Mr. the individual alternative minimum nection with recommendations to the Presi- SHELBY), the Senator from Wyoming tax for inflation since 1993. dent and Congress; (Mr. THOMAS), the Senator from Vir- Whereas Congress and the President are S. 542 ginia (Mr. WARNER), and the Senator committed by section 3(b) of the Taiwan Re- At the request of Mr. ABRAHAM, the from Minnesota (Mr. WELLSTONE) were lations Act (22 U.S.C. 3302(b)) to determine name of the Senator from Missouri added as cosponsors of Senate Resolu- the nature and quantity of what Taiwan’s le- (Mr. ASHCROFT) was added as a cospon- tion 47, a resolution designating the gitimate needs are for its self-defense; sor of S. 542, a bill to amend the Inter- week of March 21 through March 27, Whereas the Republic of China on Taiwan nal Revenue Code of 1986 to expand the 1999, as ‘‘National Inhalants and Poi- routinely makes informal requests to United States Government officials, which are dis- deduction for computer donations to sons Awareness Week.’’ schools and allow a tax credit for do- couraged or declined informally by United SENATE RESOLUTION 60 States Government personnel; nated computers. At the request of Mr. MACK, the name Whereas it is the policy of the United S. 575 of the Senator from North Carolina States to reject any attempt to curb the pro- At the request of Mr. CLELAND, the (Mr. HELMS) was added as a cosponsor vision by the United States of defense arti- name of the Senator from Hawaii (Mr. of Senate Resolution 60, a resolution cles and defense services legitimately needed AKAKA) was added as a cosponsor of S. recognizing the plight of the Tibetan for Taiwan’s self-defense; 575, a bill to redesignate the National Whereas it is the current executive branch people on the fortieth anniversary of policy to bar most high-level dialog regard- School Lunch Act as the ‘‘Richard B. Tibet’s attempt to restore its independ- ing regional stability with senior military Russell National School Lunch Act’’. ence and calling for serious negotia- officials on Taiwan; SENATE CONCURRENT RESOLUTION 5 tions between China and the Dalai Whereas the Taiwan Relations Act sets At the request of Mr. BROWNBACK, the Lama to achieve a peaceful solution to forth the policy to promote extensive com- names of the Senator from New York the situation in Tibet. mercial relations between the people of the United States and the people on Taiwan, and (Mr. MOYNIHAN) and the Senator from f that policy is advanced by membership in Virginia (Mr. ROBB) were added as co- SENATE CONCURRENT RESOLU- the World Trade Organization; sponsors of Senate Concurrent Resolu- TION 17—CONCERNING THE 20TH Whereas the human rights provisions in tion 5, a concurrent resolution express- ANNIVERSARY OF THE TAIWAN the Taiwan Relations Act helped stimulate ing congressional opposition to the RELATIONS ACT the democratization of Taiwan; unilateral declaration of a Palestinian Whereas Taiwan today is a full-fledged, state and urging the President to as- Mr. MURKOWSKI (for himself, Mr. multiparty democracy that fully respects sert clearly United States opposition TORRICELLI, Mr. LOTT, Mr. HELMS, Mr. human rights and civil liberties and, as such, to such a unilateral declaration of THOMAS, Mr. BURNS, Mr. KYL, and Mr. serves as a successful model of democratic reform for the People’s Republic of China; statehood. ROCKEFELLER) submitted the following concurrent resolution; which was re- Whereas it is the policy of the United SENATE RESOLUTION 19 ferred to the Committeeon Foreign Re- States to promote extensive cultural rela- At the request of Mr. SPECTER, the tions between the United States and Taiwan, lations: names of the Senator from Mississippi ties that should be further encouraged and S. CON. RES. 17 (Mr. COCHRAN) and the Senator from expanded; Whereas April 10, 1999, will mark the 20th Whereas any attempt to determine Tai- North Dakota (Mr. DORGAN) were added anniversary of the enactment of the Taiwan wan’s future by other than peaceful means, as cosponsors of Senate Resolution 19, Relations Act, codifying in public law the including boycotts or embargoes, would be a resolution to express the sense of the basis for continued commercial, cultural, considered as a threat to the peace and secu- Senate that the Federal investment in and other relations between the United rity of the Western Pacific and of grave con- biomedical research should be in- States and democratic Taiwan; cern to the United States; creased by $2,000,000,000 in fiscal year Whereas the Taiwan Relations Act was ad- Whereas the Taiwan Relations Act estab- 2000. vanced by Congress and supported by the ex- lished the American Institute in Taiwan to ecutive branch as a critical tool to preserve carry out the programs, transactions, and SENATE RESOLUTION 47 and promote extensive, close, and friendly other relations of the United States with re- At the request of Mr. MURKOWSKI, the commercial, cultural, and other relations be- spect to Taiwan; and names of the Senator from North Caro- tween the United States and the Republic of Whereas the American Institute in Taiwan lina (Mr. EDWARDS), the Senator from China on Taiwan; has played a successful role in sustaining

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.002 S11MR9 4252 CONGRESSIONAL RECORD—SENATE March 11, 1999 and enhancing United States relations with have great respect for the wisdom that cerning the best means to ensure peace Taiwan: Now, therefore, be it those who proceeded me played in pass- and stability in East Asia. Resolved by the Senate (the House of Rep- ing this enduring piece of legislation. To provide the Congress with timely resentatives concurring), That it is the sense of the Congress that— As former Senator Dole said in com- information to evaluate Taiwan’s self- (1) the United States should reaffirm its menting on the changes the Congress defense needs, this resolution asks the commitment to the Taiwan Relations Act made to the legislation proposed by the President to provide an annual report and the specific guarantees of provision of Carter Administration: detailing the military balance on both legitimate defense articles to Taiwan con- [The changes in the bill] ‘‘were meant only sides of the Taiwan Strait. tained therein; to recognize the simple reality of U.S. con- Finally, this resolution notes that it (2) the Congress has grave concerns over cerns in the Asia-Pacific region and our de- should be United States policy to pub- China’s growing arsenal of nuclear and con- sire for peace for an old and faithful ally.’’— licly support Taiwan’s admission to the ventionally armed ballistic missiles, the March 7, 1979. movement of those missiles into a closer ge- World Trade Organization on its own ographic proximity to Taiwan, and the effect In talking to colleagues and former merits as well as to encourage other that the buildup may have on stability in Administration officials who were here countries to adopt similar policies, the Taiwan Strait; for the creation of the TRA, you get without making such admission condi- (3) the President should direct all appro- the sense that no one expected Taiwan tional on the previous or simultaneous priate officials to raise with officials from to be around for very long. But Taiwan admission of the People’s Republic of the People’s Republic of China the grave con- not only survived, she thrived. Taiwan cern of the United States over China’s grow- China to the World Trade Organization. ing arsenal of nuclear and conventionally turned into one of the Asian Tigers, Mr. President. I hope that the full armed ballistic missiles, the movement of and has managed to weather the Asian Senate will have the opportunity to those missiles into a closer geographic prox- flu. She is a full-fledged multi-party vote on this resolution in the near fu- imity to Taiwan, and the effect that the democracy that respects human rights ture. buildup may have on stability in the Taiwan and civil liberties. She serves as a Strait; model of successful democratic reform. f (4) the President should seek from the The positive changes in Taiwan are a AUTHORITY FOR COMMITTEES TO leaders of the People’s Republic of China a tribute to the spirit and perseverance public renunciation of any use of force, or MEET of her people, who have achieved an al- threat to use force, against democratic Tai- COMMITTEE ON ARMED SERVICES most impossible dream in the view of wan; Mr. GORTON. Mr. President, I ask many. The United States cannot take (5) the President should provide annually a unanimous consent that the Com- report detailing the military balance on both credit for Taiwan’s achievements, but mittee on Armed Services Sub- sides of the Taiwan Strait, including the im- we can be proud of East Asia. So I committee on Emerging Threats and pact of procurement and modernization pro- think it is appropriate that we take up Capabilities be authorized to meet at 3 grams underway; this resolution that commemorates the (6) the Secretary of Defense should inform p.m. on Thursday, March 11, 1999, in anniversary of this piece of legislation. the appropriate committees of Congress Mr. President. The resolution praises open session, to receive testimony on when officials from Taiwan seek to purchase Department of Defense policies and defense articles for self-defense; the TRA for contributing to peace, se- curity and stability in the Taiwan programs to combat terrorism. (7) the United States Government should The PRESIDING OFFICER. Without encourage a high-level dialog with officials Strait. The resolution also praises the of Taiwan and of other United States allies growth of democracy, human rights objection, it is so ordered. in East Asia, including Japan and South and civil liberties on Taiwan. And the COMMITTEE ON COMMERCE, SCIENCE, AND Korea, on the best means to ensure stability, resolution notes the successful role TRANSPORTATION peace, and freedom of the seas in East Asia; that the American Institute in Taiwan Mr. GORTON. Mr. President, I ask (8) it should be United States policy, in unanimous consent that the Com- conformity with the spirit of section 4(d) of has played in sustaining and enhancing our relations with Taiwan. mittee on Commerce, Science, and the Taiwan Relations Act (22 U.S.C. 3303(d)), Transportation be allowed to meet on to publicly support Taiwan’s admission to The resolution does express concern the World Trade Organization forthwith, on about several issues including the proc- Thursday, March 11, 1999 at 9:30 a.m. on its own merits as well as to encourage others ess for evaluating Taiwan’s legitimate S. 383—Airline Passenger Fairness Act. to adopt similar policies, without making defense needs, the lack of high-level di- The PRESIDING OFFICER. Without such admission conditional on the previous alog between senior military officials objection, it is so ordered. or simultaneous admission of the People’s on Taiwan and American defense offi- COMMITTEE ON ENERGY AND NATURAL Republic of China to the World Trade Orga- RESOURCES nization. cials regarding regional stability. The resolution also expresses Congress’s Mr. GORTON. Mr. President, I ask Mr. MURKOWSKI. Mr. President. grave concern over the possible threat unanimous consent that the Com- April 10, 1999 will mark the twentieth to security in the Taiwan Strait from mittee on Energy and Natural Re- anniversary of the signing of the Tai- China’s defense modernization and pro- sources be granted permission to meet wan Relations Act (‘‘TRA’’). Today, I during the session of the Senate on am submitting a concurrent resolution curement as documented in the Feb- ruary 1, 1999, report to Congress by the Thursday, March 11, for purposes of commemorating this important piece conducting a full committee hearing of legislation and the commitments Secretary of Defense on ‘‘The Security which is scheduled to begin at 2 p.m. that the United States made to the Situation in the Taiwan Strait’’. The purpose of this oversight hearing people of Taiwan. The resolution is co- Mr. President. This resolution calls is to consider the President’s proposed sponsored by Senator LOTT, the major- for the Congress to reaffirm our com- budget for FY2000 for the U.S. Forest ity leader, Senator HELMS, the chair- mitment to the TRA and to the specific man of the Senate Foreign Relations guarantees to provide legitimate de- Service. The PRESIDING OFFICER. Without Committee, Senator THOMAS, the fense articles to Taiwan. The Resolu- chairman of the East Asia Sub- tion also expresses our grave concern objection, it is so ordered. committee of the Senate Foreign Rela- over the threat to Taiwan from China’s COMMITTEE ON ENVIRONMENT AND PUBLIC tions Committee, Senator TORRICELLI, growing arsenal of nuclear and conven- WORKS also on the Senate Foreign Relations tionally armed ballistic missiles, the Mr. GORTON. Mr. President, I ask Committee, Senator ROCKEFELLER, movement to those missiles into a unanimous consent that the full Com- Senator BURNS, and Senator KYL. A closer geographic proximity to Taiwan, mittee on Environment and Public similar resolution is being introduced and the effect that the buildup may Works be granted permission to con- today in the House of Representatives have on stability in the Taiwan Strait. duct a hearing Thursday, March 11, 9:30 by Representative DANA ROHRABACHER. The resolution also encourages a a.m., Hearing Room (SD–406), on S. 507, Mr. President. I was not here when high-level dialog with officials of Tai- the Water Resources Development Act Congress passed the TRA in 1979, but I wan and our other East Asia allies con- of 1999.

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.002 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4253 The PRESIDING OFFICER. Without committee on Personnel of the Com- plied for NATO membership and is cur- objection, it is so ordered. mittee on Armed Services be author- rently negotiating for membership in COMMITTEE ON FINANCE ized to meet on Thursday, March 11, the WTO, OECD and other Western or- Mr. GORTON. Mr. President, the Fi- 1999, at 2 p.m. in open session, to re- ganizations. nance Committee requests unanimous ceive testimony on the defense health The United States established diplo- consent to conduct a hearing on Thurs- program in review of the defense au- matic relations with Lithuania on July day, March 11, 1999 beginning at 10 a.m. thorization request for fiscal year 2000 28, 1992. But our nation never really in room 215 Dirksen. and the future years defense program. broke with the government and people The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without of Lithuania. The U.S. never recog- objection, it is so ordered. objection, it is so ordered. nized the forcible incorporation of Lithuania into the U.S.S.R., and views COMMITTEE ON FOREIGN RELATIONS f Mr. GORTON. Mr. President, I ask the present Government of Lithuania ADDITIONAL STATEMENTS unanimous consent that the Com- as a legal continuation of the inter-war mittee on Foreign Relations be author- republic. Indeed, for over fifty years ized to meet during the session of the the United States maintained a bipar- RESTORATION OF LITHUANIA’S tisan consensus that our nation would Senate on Thursday, March 11, 1999 at INDEPENDENCE 10 a.m. to hold a hearing. refuse to recognize the forcible incor- ∑ The PRESIDING OFFICER. Without Mr. ABRAHAM. Mr. President, I rise poration of Lithuania into the former objection, it is so ordered. to mark the ninth anniversary of the Soviet Union. Our relations with Lithuania are COMMITTEE ON HEALTH, EDUCATION, LABOR, restoration of Lithuania’s independ- AND PENSIONS ence. I also rise to pay tribute to the strong, friendly and mutually bene- Mr. GORTON. Mr. President, I ask Lithuanian people for their persever- ficial. Lithuania has enjoyed Most-Fa- unanimous consent that the Com- ance and sacrifice, which enabled them vored-Nation (MFN) treatment with mittee on Health, Education, Labor, to achieve the freedom they now enjoy. the U.S. since December, 1991. Through and Pensions be authorized to meet for On March 11, 1990, the newly elected 1996, the U.S. has committed over $100 a hearing on ‘‘Key Patients’ Protec- Lithuanian Parliament, fulfilling its million to Lithuania’s economic and tions: Lessons from the Field’’ during electoral mandate from the people of political transformation and to address the session of the Senate on Thursday, Lithuania, declared the restoration of humanitarian needs. In 1994, the U.S. March 11, 1999 at 10 a.m. Lithuania’s independence and the es- and Lithuania signed an agreement of The PRESIDING OFFICER. Without tablishment of a democratic state. This bilateral trade and intellectual prop- objection, it is so ordered. marked a great moment for Lithuania erty protection, and in 1997 a bilateral investment treaty. SPECIAL COMMITTEE ON YEAR 2000 TECHNOLOGY and for lovers of freedom around the In 1998 the U.S. and Lithuania signed PROBLEM globe. Mr. GORTON. Mr. President, I ask The people of Lithuania endured a 51- The Baltic Charter Partnership. That unanimous consent that the Special year foreign occupation. Resulting charter recalls the history of American Committee on the Year 2000 Tech- from the infamous Hitler-Stalin Pact relations with the area and underscores our ‘‘real, profound, and enduring’’ in- nology Problem be permitted to meet of 1939, this Soviet occupation brought terest in the security and independence on Thursday, March 11, 1999 at 9:30 a.m. with it communist dictatorship and of the three Baltic states. As the Char- for the purpose of conducting a hear- cultural genocide. But the Lithuanian ter also notes, our interest in a Europe ing. people were not defeated. They resisted The PRESIDING OFFICER. Without their oppressors and kept their culture, whole and free will not be ensured until objection, it is so ordered. their faith and their dream of inde- Estonia, Latvia, and Lithuania are se- pendence very much alive even during cure. SUBCOMMITTEE ON ADMINISTRATIVE Mr. President, I commend the people OVERSIGHTS AND THE COURTS the hardest times. of Lithuania for their courage and per- Mr. GORTON. Mr. President, I ask The people of Lithuania were even severance in using peaceful means to unanimous consent that the Senate Ju- able to mobilize and sustain a non-vio- regain their independence. I pledge to diciary Committee’s Subcommittee on lent movement for social and political work with my colleagues to continue Administrative Oversight and the change, a movement which came to be working to secure the freedom and Courts, together with the House Judi- known as Sajudis. This people’s move- independence of Lithuania and its Bal- ment helped guarantee a peaceful tran- ciary Committee’s Subcommittee on tic neighbors, and I join with the peo- sition to independence through full Commercial and Administrative Law, ple of Lithuania as they celebrate their be authorized to meet during the ses- participation in democratic elections independence.∑ sion of the Senate on Thursday, March on February 24, 1990. 11, 1999 at 2 p.m. to hold a hearing in Unfortunately, the peace did not last. f room 2141 of the Rayburn House Office In January 1991, ten months after res- TRIBUTE TO ROBERT CONDON Building, on ‘‘Bankruptcy Reform.’’ toration of independence, the people ∑ Mrs. BOXER. Mr. President, I rise to The PRESIDING OFFICER. Without and government of Lithuania faced a pay tribute to Robert Condon, one of objection, it is so ordered. bloody assault by foreign troops intent our nation’s leading child literacy ad- STRATEGIC SUBCOMMITTEE on overthrowing their democratic in- vocates, who died last month, trag- Mr. GORTON. Mr. President, I ask stitutions. Lithuanians withstood this ically, at the all-too-young age of 40. I unanimous consent that the Strategic assault, maintaining their independ- ask my colleagues to join me in send- Subcommittee of the Committee on ence and their democracy. Their suc- ing condolences to the Condon family. Armed Services be authorized to meet cessful use of non-violent resistance to Robert Condon was a successful busi- on Thursday, March 11, 1999 at 10 a.m. an oppressive regime is an inspiration nessman, but his true passion was read- in open session, to receive testimony to all. ing. Throughout the 1980s, he took time on ballistic missile defense programs On September 17, 1991, Lithuania be- from his career and family to read to and management, in review of the de- came a member of the United Nations children at local homeless shelters. He fense authorization request for fiscal and is a signatory to a number of its understood, far before many Americans year 2000 and the future years defense organizations and other international did, that reading aloud to children is program. agreements. It also is a member of the one of the most effective ways to teach The PRESIDING OFFICER. Without Organization for Security and Coopera- literacy and improve young people’s objection, it is so ordered. tion in Europe, the North Atlantic Co- lives. SUBCOMMITTEE ON PERSONNEL operation Council and the Council of In 1991, Robert Condon quit his reg- Mr. GORTON. Mr. President, I ask Europe. Lithuania is an associate ular job in order to work full time pro- unanimous consent that the Sub- member of the European Union, has ap- moting youth literacy. He founded the

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.002 S11MR9 4254 CONGRESSIONAL RECORD—SENATE March 11, 1999 non-profit organization ‘‘Rolling Read- ple like me. They say the G.I. bill changed the country. As we drive, I’m certain that ers USA,’’ where he and a small cadre America; that thousands of people became I’m the only college freshman who fears get- of volunteers read to children in public the first in their families to go to college, ting lost, not making any friends, failing housing developments, homeless shel- turning education from an elites-only busi- courses, being shipped back home. And I ness to a more democratic enterprise. Well, know I’m the only one arriving on campus ters, and schools in the San Diego area. the Pells did the same thing a little later with a lucky buckeye from my Grandma Robert Condon’s passion was con- and went deeper, helping more women and Macy’s tree in the pocket of my brand-new tagious and Rolling Readers grew expo- minorities than the G.I. bill did. And I say too-blue jeans. Courage, as defined by Emer- nentially. Today, it has 40,000 volun- this to you unequivocally because I believe son: having the guts to do the thing you’ve teers reading to children in 24 states. it: Had I not gone to college, I don’t think I’d never done before. The one time I dove off Rolling Readers has won acclaim from have any of the things I treasure most the city-pool high dive, I land flat on my national organizations, including the today—my husband, my sons, my friends, my belly. They said you could hear the smack at International Reading Association and work, even my psychological well-being. the tennis courts a quarter-mile away. Sure, I am not a rich person now, by any means. I tried something new, but I never climbed Reading Is Fundamental. I drive a used Volvo station wagon with that ladder again. In my mom’s Mustang, my In his short life, Robert Condon 122,000 miles. My husband drives to the heart soars and plummets with every mile touched the lives of hundreds of thou- inner-city school where he works in a 1986 crossed. I’m excited that I just might break sands of children. In his memory, Roll- Mustang convertible—with a roof that leaks into the ranks of the Official Middle Class, ing Readers USA is sponsoring March every time it rains. We live in a three-bed- but I fear being found out as the impostor I 27 as a national read-in day, when tens room, four-square house in Roanoke, Vir- believe I am. I consider asking my mom to of thousands of volunteers will spend ginia, with questionable floor joists and turn around and take me home, but for the part of their day reading to children, cranky plumbing. The house was built in life of me I can’t even talk. Courage, as de- 1927, the same year my mother was born. fined by me: having the guts to dive in over keeping Robert Condon’s ideals moving Both my house and my mother have char- and over again, until the belly flop becomes forward. acter, as they say of things that charm you a perfect plunge. I climbed back up the high- Mr. President, I encourage all Ameri- and annoy you and sometimes make you dive ladder the day I went to college. But I cans to participate in Rolling Readers laugh. My mother was too poor to go to col- couldn’t have done it without the Pell grant, USA’s national read-in day and to be- lege, and my father dropped out of school in which paid my tuition. To cover room and come involved throughout the year to the seventh grade. He told me once that board, I worked two, sometimes three jobs at promote youth literacy. Volunteering serving as a cook in World War II was the a time, and I received several National Di- our time and energy makes a difference best thing he’d ever done, but he came home rect Student Loans. and is a fitting way to pay tribute to from the war to a life of alcoholism, depres- This is why last year, on my first night of ∑ sion and scattered employment. My three teaching—after working as a journalist for 12 this remarkable Californian. older siblings—whose early-adult years pre- years and earning a master’s degree in cre- f date the founding of the Pell grant—didn’t ative writing at Hollins—the following peo- REMARKS BY BETH MACY HON- go to college, either; they didn’t even con- ple inspired me: Sandy and Teree, sisters sider it. It was just not something people in who both drive school buses and dream of ORING SENATOR CLAIBORNE our family did. I don’t want to give you the earning associate’s business degrees so they PELL impression that we grew up hungry or phys- can help their truck-driver husbands start ∑ Mr. JEFFORDS. Mr. President, I sub- ically abused; we didn’t. But we were af- their own company; Amy, a single mom who mit for the RECORD the following re- flicted with the most serious side effect of spoke of what it was like to be diagnosed as marks made by Ms. Beth Macy at an growing up poor: the inability to dream. We having ADD (at age 30) and, with the help of felt inferior to the kind of people who took medicine, finally being able to THINK; event honoring Senator Claiborne Pell, vacations and drove cars that started every Charles, who’d recently moved to Virginia hosted by the National Association of time. from a drug-treatment center in Con- Independent Colleges and Universities A few years ago I was reminded of how necticut, ready to try life without drugs; (NAICU). Ms. Macy, a former Pell small my world used to be before I went Beth, mother of four, who said she came to Grant recipient, spoke eloquently away to college. My husband and I were driv- college because she doesn’t want her kids to about the positive difference that the ing my 16-year-old niece, who lives in Ohio, grow up thinking she’s stupid; and Randy, a Pell grant made in her life and the dif- to our house in Virginia—on her first trip mechanic who came to class without first ference it has made in the lives of the across state lines. We stopped in Charleston, washing his greasy hands. For our first in- West Virginia, to refuel the car and our bel- class exercise, Randy wrote about the best students she now teaches. Senator Pell, lies, when Sara removed her requisite teen- job he’d ever had, in construction. His ideas a statesman committed to education, age earphones, bolted upright in her seat and were developed, his examples full of detail. was visionary in his creation of the gasped, ‘‘You mean they have McDonald’s But he didn’t have a single period or comma grant that now bears his name. The here, too?!’’ on the page. He said he had no idea where to Pell Grant still serves as the very foun- Today I teach personal-essay and memoir place a period. ‘‘If I get me a computer,’’ he dation of our federal commitment to writing as an adjunct instructor at Hollins asked, ‘‘won’t that put in all the periods for postsecondary study and it has helped University. I also teach freshman comp and me?’’ Randy wasn’t exactly Hemingway by make the dream of higher education a remedial writing part-time at our commu- the semester’s end, but he did know how to nity college. When any of my students com- punctuate a sentence. He came to every class reality for millions of low-income indi- plain that their stories aren’t worthy of the early, stayed late and never missed dropping viduals. I was pleased and honored to written word—or that nothing significant by during office hours to show me his work. participate in this event for Senator has happened to them—I have them make a He improved more than any student I’ve ever Pell. list of the defining moments in their lives. taught, and I’m told he’s still in school— I urge my colleagues to take the time To find your plot, I tell them, try to think of plugging away at ‘‘The Great Gatsby’’ and to read Ms. Macy’s remarks. They re- one event in your life that has fundamen- ‘‘Once More to the Lake’’ after his eight- mind us of why our support for the Pell tally changed the way you think and act. hour shift fixing cars. He wants to buy his grant program is important. This is mine: I am riding through the flat own business, too, and I believe some day he cornfields of Northwest Ohio on my way to will. He was one of several who stayed late The remarks follow: Bowling Green State University. I am in my that first night to get me to sign his Pell REMARKS OF BETH MACY mom’s rusting Mustang, which is packed to Grant form. When a friend of mine, a writer who is in the roof with stolen milk crates and cheap I know there are people who like to bash her 80s, heard I was going to give a speech suitcases containing my life’s belongings: Pell grant recipients. About 10 years ago, on about having been a Pell grant recipient, her my clothes and books, my Neil Young album our way to cover a newspaper story, a photo- first reaction was to joke: ‘‘Don’t do it,’’ she collection and my beloved stuffed Ziggy. The journalist friend and I were riding in a com- said ‘‘Unless they promise to forgive any year is 1986, and I am 18 years old. I have pany car, when the subject of lost loves and outstanding loan payments.’’ And then she never seen the beach, nor written a check, old boyfriends reared its ugly head. The said: ‘‘You always hear about Fulbrights, but nor spent the night any farther from home daughter of a doctor, my friend confided that nobody ever says how much they appreciated than Mary Beth Buxton’s house on the out- she still pines over one ex-beau in par- their Pell grants.’’ That was my thought ex- skirts of town. As we drive, there are thou- ticular—but added that he was not worthy of actly. And it has been my thought since the sands of station wagons packed with thou- her angst, on account of, as she put it: ‘‘He day I realized just how much the Pell grant sands of suitcases; thousands of grinding was a total loser. I mean, he went to college has done for me and thousands of other peo- stomachs converging on universities across on a Pell grant.’’ Back then I was too

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.002 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4255 ashamed of my roots to confront that kind of Now more than ever, women are a Mr. President, as we begin a new mil- elitism, so I stewed and said nothing. But a guiding force in Maryland and a major lennium, it is my hope that our few months ago at a teaching conference I presence in our business sector. As of progress in securing women’s rights attended, a colleague made a similar com- ment. He said that most of his Pell students 1996, there were over 167,000 women- will accelerate. As we celebrate Wom- are slackers; that they take advantage of owned businesses in our State—that en’s History Month, let us reaffirm our government hand-outs; that they don’t have amounts to 39 percent of all firms in commitment to the women of this Na- what it takes to make it in a white-collar Maryland. Maryland’s women-owned tion and to insuring full equality for world. This time I could not keep quiet. I businesses employ over 301,000 people all of our citizens.∑ told him that most of my Pell students are and generate over $39 billion in sales. f even more driven than my middle- and Between 1987 and 1996, the number of upper-class students, with a lot more riding RECOGNIZING PHYLLIS women-owned firms in Maryland is es- on the success of their papers than a letter MARCKWORTH OF THE PORT timated to have increased by 88 per- grade or the refinement of their creative- TOWNSEND SCHOOL DISTRICT writing skills. Most of my Pell students are cent. working toward not only a degree and a de- During Women’s History month we ∑ Mr. GORTON. Mr. President, I would cent job, but also a fundamental shift in the have the opportunity to remember and like to recognize the outstanding direction of their lives. They want to worry praise great women leaders who have achievements of a local educator, Phyl- not about paying the bills, but about wheth- opened doors for today’s young women lis Marckworth, from Port Townsend er their kids are more suited to playing soc- in ways that are often overlooked. in Washington State. Phyllis has been cer or the violin. When you’re mired in pov- Their legacy has enriched the lives of brought to my attention for her de- erty’s problems, you don’t have the luxury of voted efforts in singlehandedly taking worrying about basic ‘‘quality of life’’; it us all and deserves prominence in the wouldn’t occur to you to even use that annals of American history. charge of efforts to create an inte- phrase. With this in mind, I have co-spon- grated system of technology through- I am not rich now by any means. But most sored legislation again this Congress to out the Port Townsend School District. of the time I am happy, and I am productive, establish a National Museum of Wom- Indeed, Superintendent Gene Medina and I am not ashamed. I thank you, Senator en’s History Advisory Committee. This credits Phyllis’ enthusiastic efforts for Pell, for your gift of education—on behalf of Committee would be charged with literally transforming the fundamental myself, my students and all the rest of the identifying a site for the National Mu- nature of student learning in the dis- people out there who might yet get a shot at a life better than the one they were born seum of Women’s History and devel- trict. It is individuals like Ms. into.∑ oping strategies for raising private Marckworth that should remind all of funding for the development and main- us here in the U.S. Senate of the indis- f tenance of the museum. Ultimately, pensable role that the innovation of WOMEN’S HISTORY MONTH the museum will enlighten the young local educators play in our children’s ∑ Mr. SARBANES. Mr. President, and old about the key roles women education. today I rise in recognition of Women’s have played in our Nation’s history and Phyllis is the kind of rare and special History Month—a time to honor the the many contributions they have educator which schools across this many great women leaders from our made to our culture. country cherish. She serves as a teach- past and present who have served our However, we must do more than er, a technology administrator, and a Nation so well. They have worked dili- merely recognize the outstanding ac- staff developer. Thus, her contributions gently to achieve social change and complishments women have made. to the better education of students of personal triumph usually against in- Women’s History Month also is a time Port Townsend are noteworthy for sev- credible odds. As scientists, writers, to recognize that women still face sub- eral reasons: first, her incredible zeal doctors, teachers, and mothers, they stantial obstacles and inequities at in tirelessly laboring on behalf of the have shaped our world and guided us every turn. Access to capital for female students she serves. In 1993, she was co- down the road to prosperity and peace. entrepreneurs is still a significant ordinating plans to purchase com- For far too long, however, their con- stumbling block, and women business puters and telephones for the Port tributions to the strength and char- owners of color are even less likely Townsend District. Rather than follow acter of our society went unrecognized than white women entrepreneurs to the tradition path of initial hardware and undervalued. have financial backing from a bank. A investment to supply individual class- Women have led efforts to secure not female physician still only earns about rooms, Phyllis embarked on a bolder only their own rights, but have also 58 cents to her male counterpart’s dol- and eventually more rewarding task of been the guiding force behind many of lar, and female business executives assembling an entire telecommuni- the other major social movements of earn about 65 cents for every dollar cations network for all the students in our time—the abolitionist movement, paid to a male executive. At every age, the district to utilize and learn from. the industrial labor movement, and the women are more likely than their male That network has since become the civil rights movement, to name a few. contemporaries to be poor, and the av- backbone of the improved communica- We also have women to thank for the erage personal income of men over 65 is tion and learning in Port Townsend establishment of many of our early nearly double that of their female that all schools hope technology will charitable, philanthropic, and cultural peers. Tragically, the incidence of bring to our classrooms. institutions. AIDS among black and Hispanic Secondly, her visionary innovation in In Maryland, we are proud to honor women and teenage girls is far out of implementing an integrated system of the many women who have played such proportion to their percentage of the technology within the Port Townsend critical roles in the development of our population. school district has resulted not just in State heritage. They include Margaret On the other hand, we have made a ‘‘technology curriculum’’ but tech- Brent, who, in 1648, became America’s great strides toward ensuring a fairer nology that is fully integrated within first woman lawyer and landholder, place for women in our society. The the entire district’s curriculum. This and , who saved thou- college-educated proportion of women, integration has resulted in better edu- sands of lives during the Civil War although still smaller than the com- cation for students who now under- through the Underground railroad. parable proportion of men, has been in- stand and utilize technology as a part Other great Maryland women include creasing rapidly. Black and white wom- of every aspect of their lives and learn- Henrietta Szold, the founder of Hadas- en’s death rates from heart disease ing, not just a computer that is used sah, the Women’s Zionist Organization have dropped significantly since 1970. for typing term papers or biology lab of America and Dr. Helen Taussig, who Women are now the majority in some reports. developed, in 1945, the first successful professional and managerial occupa- Finally, this integration which Phyl- medical procedure to save ‘‘blue ba- tions that were largely male until rel- lis sparked has also corresponded with bies.’’ atively recently. a direct focus on developing the ability

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.002 S11MR9 4256 CONGRESSIONAL RECORD—SENATE March 11, 1999 of staff throughout the Port Townsend CONSTANTINO BRUMIDI—ARTIST OF THE CAP- in voting in support of this important district to make technology a part of ITOL—CLASSICAL ARTIST AND DECORATOR OF legislation. Let us send it to the Presi- their classrooms. Hence, teachers can ST. STEPHEN’S CHURCH dent and make it the first piece of make technology a part of the whole In a new publication, Constantino Brumidi: health care legislation to become law education process rather than simply a Artist of the Capitol, Barbara Wolanin (cura- this year. small piece student learning. Too often tor for the architect of the Capitol) and a Our legislation prohibits nursing host of other scholars present the first in homes that withdraw from participa- technology is brought in to the class- depth biography of this important painter rooms of today without the training whose work at the Capitol has recently been tion in the Medicaid program from necessary for our teachers to best use restored. evicting the Medicaid residents who that technology to train our students In addition to ‘‘The Apotheosis of George are already in the facility. Essentially, for tomorrow. Phyllis Marckworth has Washington’’ which adorns the Capitol dome we provide for a phase-down rather met that challenge head on and has in the Rotunda, Brumidi painted in the than an immediate termination of par- made her district and its students bet- House of Representatives Chamber, the ticipation in Medicaid. President’s Room, the Senate Reception Sixty-eight percent of all nursing ter because of the creative and dedi- Room, and throughout many of the corridors cated way in which she has done so. home residents eventually end up on of our nation’s Capitol. The first floor Sen- Medicaid. Our bill protects these vul- It is individuals like Phyllis ate corridors of the Capitol are known as the Marchworth that make education ‘‘Brumidi Corridors.’’ nerable senior citizens and individuals across this country and in our local Ms. Wolanin brings to our attention the with disabilities from finding them- schools great, not more rules and regu- fact that a large body of Constantino selves evicted. The bill goes a long way lations from Washington, DC. As we in Brumidi’s work is in a Catholic church in toward assuring residents and their the Senate work on important edu- . The Order of Carmelites, families that they will continue to re- who serve the parish of Our Lady of the ceive quality nursing home care with- cation legislation, I hope my col- Scapular & St. Stephen’s Church in the leagues will remember the innovative out fear of inappropriate eviction. Rosehill District of , have in- S. 494/H.R. 540 is a modest but impor- work of educators like Phyllis vested over a million dollars of their own tant proposal that will promote the Marchworth who show how local com- funds to restore the exterior of their Roman- peace of mind of millions of Americans. munities create education success sto- esque Revival church built to the designs of I ask my colleagues for their support.∑ ries when we give them the flexibility the architect James Renwick Jr. in 1854 (Mr. they need and deserve.∑ Renwick also designed the Smithsonian Cas- f tle and the Renwick Gallery). This initial in- IN MEMORY OF LOUISIANA STATE f vestment has halted deterioration of the many frescoes, murals and decorative ele- REPRESENTATIVE AVERY ALEX- BRUMIDI IN NEW YORK ments by Brumidi on the church’s interior ANDER walls. ∑ ∑ Mr. MOYNIHAN. Mr. President, I rise Mr. BREAUX. Mr. President, with Brumidi’s mural of the Crucifixion behind the passing this week of Louisiana today to call the Senate’s attention to the main altar of the church is believed to be works of an artist with whom we are state Representative Avery Alexander, the largest of its kind in the world. our nation and my state of Louisiana all quite familiar. Constantino Brumidi Brumidi’s frescoes of David, the Madonna lost one of its most legendary and re- is famous for having painted much of and Child and St. Cecilia on the south wall, spected citizens. For most of his 88 the fine murals here in the Capitol. once neglected and in danger of irreversible years, Reverend Alexander gave him- What is not as yet known, however, is damage, have been restored by Constance self selflessly and completely to the that his other major body of work, in Silver of Preservar in an effort to understand the composition of the underlying wall and service of others—as a dedicated and fact the only other great body of work the materials and techniques Brumidi used. caring minister, as a fearless and prin- in the United States, is at the Our The goal of the Carmelites is to fully restore cipled civil rights leader and as a tire- Lady of the Scapular & St. Stephen’s the baroque interior of the church, which less and thoroughly honorable public Church (St. Stephen’s) in New York may be the only one of its kind in America. servant. Examples of ‘‘trompe l’oeil,’’ Brumidi’s City. Located on 29th Street and Third To those who knew him, ‘‘The Rev,’’ Avenue on Manhattan’s East Side, St. scheme of architectural illusion which origi- nally united all of the artistic and architec- as he was called, was a nothing short of Stephens is home to many Brumidi a living legend and the very embodi- masterpieces, including a mural of the tural elements of the church, have been ex- posed for study and may be seen on the par- ment of the courage, passion and vision crucifixion which is believed to be the tially restored south wall. that characterized the civil rights largest of its kind in the world. At one From the mid 1850’s through the early movement of the 1950s and l960s. In a time, St. Stephen’s was home to the 1870’s when not working at the Capitol, day and time when standing up for New York City Arch Diocese and the Brumidi traveled to New York to work at St. your rights as an American meant tak- largest Catholic Church in New York. Stephen’s. Today, the parish serves a small ing your life into your hands, Avery and thriving community. In the 19th cen- Unfortunately, many of the paintings Alexander and his allies took to the and murals have fallen into disrepair tury, however, due to a massive immigration of Irish fleeing the Great Famine, St. Ste- streets and helped transform our na- and are in need of restoration. The phen’s Church became, for a time, the larg- tion. Avery Alexander and his contem- church has undertaken a campaign to est and most influential Catholic parish in poraries in the civil rights movement raise the funds necessary to complete the United States.∑ helped give our nation a new birth of this task. I am hopeful that some gov- f freedom and for that we are internally ernment funds may be available as grateful. well, perhaps through the Save Amer- THE NURSING HOME RESIDENTIAL Yet long after the great civil rights ica’s Treasures program. Our own Bar- SECURITY ACT OF 1999 marches and protests of the 1960s and bara Wolanin from the Architect of the ∑ Mr. ROTH. Mr. President, one week well into his ninth decade of life, Rev- Capitol’s office is familiar with St. Ste- ago today, the Finance Committee erend Alexander was still as passionate phen’s and their efforts to preserve unanimously voted to support legisla- and committed to the cause of human their collection of Brumidis. I invite tion to protect from eviction nursing rights as he had always been. It wasn’t my colleagues to visit St. Stephen’s home residents who rely on Medicaid. that long ago—three years to be the next time they are in New York Our bill, S. 494, the Nursing Home Resi- exact—that the people of Louisiana and see the other body of work by the dential Security Act of 1999, is sup- were treated to the familiar image of artist we have all come to love. ported by both the nursing home indus- Avery Alexander on a ticket line in Mr. President, I ask that an article try and senior citizens’ advocates. Baton Rouge, protesting changes to the written by members of St. Stephen’s Yesterday, the House of Representa- state’s affirmative action laws that he about their Brumidi collection be tives passed H.R. 540, companion legis- believed were unfair and unwise. When printed in the RECORD. lation to our bill, by a vote of 392 to 12. Avery Alexander believed in some- The article follows: I call on my colleagues now to join me thing, especially civil rights, he gave it

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.002 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—SENATE 4257 his all. And he knew better than most activities on Capitol Hill by talking di- Corporation as a man with a deep pas- that the civil rights laws of the 1960s rectly with members of Congress about sion for life. His concern for his em- were only a beginning, not an end, of a the issues. ployees and their families along with great national journey for every cit- Mr. President, I am pleased to have his abundant generosity to them was izen, black, white, Hispanic or Asian. this opportunity to recognize the pro- always present. Whatever one might have thought fessionalism of this station and its em- Robert Ozuna was married for 35 about him, and however one might ployees on this auspicious anniversary, years to Rosemary, who passed away in have disagreed with him, I know of no and to extend my best wishes to WTOP November of 1998. He is survived by his one who would have ever thought of for the next 30 years and beyond.∑ mother Amella Ozuna, his sons Steven questioning Avery Alexander’s mo- f Ozuna and Jeff Dominelli, his daugh- tives. He was a supremely principled TRIBUTE TO ROBERT L. OZUNA ters Nancy DeSilva and Lisa Jarrett, man, led by conscience and an innate his sisters Lillian Gomez and Vera ∑ sense of mission and morality to serve Mrs. BOXER. Mr. President, I rise to Venagas, and his brother Tony Ozuna. always as a voice for those who had pay tribute to Robert L. Ozuna, Chief He also leaves six grandchildren. lost or had never been given the right Executive Officer of New Bedford Robert Ozuna epitomized the Amer- to speak for themselves. If you were Panoramex Corporation from 1966 until ican dream, which promises to anyone down and out, forgotten, discriminated his death on March 6 at the Queen of who works hard and plays by the rules the Valley Hospital in West Covina, against, despised or rejected by soci- the opportunity to achieve great suc- California. He was 69. ety, then Avery Alexander was your cess. Robert Ozuna lived that dream. Robert Ozuna was the oldest of four friend. I have known few people who children born in Miami, Arizona to Though he will be greatly missed, his lived up to the Biblical admonition to Mexican-American parents. In 1940, life and achievements will serve as an love unconditionally as well as he did. ∑ after his father’s death, Robert moved inspiration to generations to come. Avery Alexander will be missed. But he with his mother, brother and sisters to f will also be long remembered for the East Los Angeles, where he worked ways he taught and inspired us to love, steadily from an early age in order to ORDERS FOR MONDAY, MARCH 15, to care, to serve and, most of all, to help support the family. 1999 look beyond skin color and gender and As Founder and President of New Mr. GORTON. Mr. President, I ask age and creed and to see that which is Bedford Panoramex Corporation (NBP), unanimous consent that when the Sen- best, noble and God-given in each of us. Robert Ozuna became one of the most ∑ ate completes its business today, it We will all miss the ‘‘Rev!’’ successful Mexican-American entre- stand in adjournment until 12 noon on f preneurs in southern California. He Monday, March 15. I further ask con- CONGRATULATING WTOP FOR 30 gained his business experience on the sent that on Monday, immediately fol- YEARS OF OUTSTANDING SERVICE job and his engineering education by lowing the prayer, the Journal of pro- attending night school in the Cali- ∑ Mr. SARBANES. Mr. President, I rise ceedings be approved to date, the fornia community and junior college today to commemorate the 30th Anni- morning hour be deemed to have ex- system. pired, the time for the two leaders be versary of one of the area’s finest news In 1966, Ozuna began to build his stations, WTOP, a station that has reserved, and the Senate then begin a company with a second mortgage on period for morning business until 3:00 been a trustworthy and informative his home, and a few electrician’s hand source of regional and national news p.m., with the following limitations: tools, hard work and entrepreneurial Senator HATCH, 30 minutes; Senator since 1969. instincts into the thriving electronics In our increasingly inter-connected COLLINS, 15 minutes; Senator INHOFE, manufacturing business it is today in 30 minutes; Senator HOLLINGS, 20 min- society where technology has increased Upland, California. NBP designs, devel- the speed at which information is col- utes; Senator DURBIN, or his designee, ops and manufactures electronic com- 30 minutes; Senator BUNNING, 10 min- lected, disseminated and analyzed, the munication systems and remote moni- importance of responsible journalism utes. toring systems for its primary client, The PRESIDING OFFICER. Without has become even more important. the United States Government. WTOP has maintained a reputation as objection, it is so ordered. Robert Ozuna’s hard work and dedi- Mr. GORTON. I further ask consent an accurate news source by its report- cation were given public recognition that following morning business, the ing of events from Watergate to the re- when he received the Department of Senate resume consideration of S. 257, cent impeachment trial; from Vietnam Transportation Minority Business En- the missile defense bill. to conflicts in the Persian Gulf; from terprise Award for 1987 and again for The PRESIDING OFFICER. Without issues regarding the District of Colum- 1991. He received the Air Traffic Con- objection, it is so ordered. bia to the politics of my home State of trol Association Chairman’s Citation of Maryland. In addition to news accounts Merit Award in 1994. He was an active f on these issues, WTOP always has member of The California Chamber of PROGRAM weather, traffic and sports reports to Commerce for various cities and a complete its effective coverage. Much founder of Casa De Rosa Annual Golf Mr. GORTON. Mr. President, for the as CNN is the leader in television news Tournament, which he started to raise information of all Senators, the Senate coverage, WTOP leads the way in pro- funds for the Rancho de Los Ninos Or- will reconvene at 12 noon on Monday, viding up-to-date radio news 24 hours a phanage in BajaMar, Mexico. March 15, and begin a period for morn- day. As industrious as Robert Ozuna was ing business until 3:00 p.m. Following I would also like to commend the in business, he was equally involved morning business, the Senate will re- service of one individual in particular, sharing his prosperity with many phil- sume consideration of the missile de- WTOP’s Congressional correspondent anthropic activities in his community. fense bill. The leader has announced Dave McConnell, who has been with the He sponsored many events in the His- that there will be no rollcall votes on station for almost 20 years. I have panic neighborhood where he grew up, Monday, but he hopes that Members worked first-hand with Dave over the and he was a founding director of the will be available on Monday in order to years and have the utmost respect for East Los Angeles Sheriff’s Youth Ath- offer and debate amendments to the his journalistic integrity and his dedi- letic Association, which promotes edu- missile defense legislation. Any votes cation to reporting the news in a pre- cational, athletic and drug awareness ordered with respect to any offered cise yet understandable way. Indeed, programs for more than 60,000 youths amendments will be ordered to occur his ‘‘Today on the Hill’’ broadcasts in the Los Angeles Metropolitan area. on Tuesday, and all Members will be have provided listeners with the most Robert Ozuna is remembered by his notified of that voting schedule when it up-to-date information on legislative employees at New Bedford Panoramex is available.

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.002 S11MR9 4258 CONGRESSIONAL RECORD—SENATE March 11, 1999 ADJOURNMENT UNTIL MONDAY, the Senate, I now ask unanimous con- There being no objection, the Senate, MARCH 15, 1999 sent that the Senate stand in adjourn- at 6:48 p.m., adjourned until Monday, Mr. GORTON. Mr. President, if there ment under the previous order. March 15, 1999, at 12 noon. is no further business to come before

VerDate jul 14 2003 11:49 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00080 Fmt 0686 Sfmt 0634 E:\BR99\S11MR9.002 S11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4259 HOUSE OF REPRESENTATIVES—Thursday, March 11, 1999

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

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 4260 CONGRESSIONAL RECORD—HOUSE March 11, 1999 us who lived through the Vietnam era minute and to revise and extend his re- ers face. My proposal removes an oner- say do not do this again. marks.) ous tax that forces families out of f Mr. CLEMENT. Madam Speaker, this farming and is contributing to the de- past week I lost a true friend as well as struction of our Nation’s lifelong agri- REASONS TO HAVE GRAVE CON- my chief of staff, Alex Haught, who cultural heritage. CERNS ABOUT THE STEWARD- was killed in an automobile wreck in I ask my colleagues to join me in this SHIP OF FOREIGN POLICY BY Nashville, Tennessee, the victim of a effort and to become original cospon- THIS ADMINISTRATION drunk driver. sors of the Family Farm Protection (Mr. HAYWORTH asked and was Perhaps the only thing more shock- Act. given permission to address the House ing than the suddenness of Alex’s death f for 1 minute and to revise and extend was the information about the reckless SENIOR CITIZENS’ FREEDOM TO his remarks.) individual who got behind the wheel of WORK ACT OF 1999 Mr. HAYWORTH. Madam Speaker, the 2-ton van that slammed into Alex’s we just received two instances of the car. In the past 20 years he had been ar- (Mr. LUCAS of Kentucky asked and MO of the liberals on the Hill. It is fear rested over 70 times for crimes, includ- was given permission to address the and smear first, scare the elderly about ing frequent public drunkenness, he House for 1 minute.) Medicare, then come back and attack had been convicted of driving while in- Mr. LUCAS of Kentucky. Madam the new Speaker of the House. toxicated, and his license had been re- Speaker, it is imperative that we pass Very interesting. We have been down voked for over 8 years. Worse yet, he the Senior Citizens’ Freedom to Work this road before. had gotten out of jail having served Act of 1999. The proposed measure But as my colleagues know, Madam would eliminate the Social Security Speaker, there is a reason to have only 3 days of a 10-day sentence the day he killed Alex. earnings limit for retirement age grave concerns about the stewardship Americans. We must end the practice of foreign policy by this administra- This sickens me, Madam Speaker. Our system has broken down at every of penalizing seniors and discouraging tion, especially Madam Speaker, when work. With their wealth of information this administration, the Clinton-Gore level, the local, State and Federal. We must revisit laws at every level of gov- and experience, senior citizens are team, took campaign cash from the truly vital to the stability of our work Communist Chinese and then ignored ernment to find ways to keep drunk drivers from destroying the lives of in- force and the development of the work the warnings of the intelligence com- force of tomorrow. munity with reference to nuclear espio- nocent people. In addition, we are nage. going to have to look at some harsh b 1015 Madam Speaker, it is incumbent measures that we have never looked at The current limit takes away retire- upon this House to exercise its over- before. ment benefits from those who have sight capabilities to make sure that Are we going to keep operating the rightfully earned them through a life- our genuine interests are, in fact, pro- ambulance in the valley, or are we time of hard work. We should not be tected, because Madam Speaker, if the going to build a permanent fence to punishing our senior citizens for con- administration is more susceptible to help our people, to help our families, to tinuing to work but, rather, encour- Chinese campaign cash, then this help our loved ones and to ensure that aging them. That is just common House must protect the American peo- this senseless loss of life does not hap- sense. ple. pen again? I assure Alex that we are f f going to look at those laws at the local, State and Federal level and do BIG BROTHER IS BACK WE PLEDGED AN OATH TO UP- everything we possibly can to use you HOLD THE CONSTITUTION, NOT (Mr. CHABOT asked and was given as well as others as an example that THE WORLD TRADE ORGANIZA- permission to address the House for 1 the time has come that we have got to TION minute.) get these drunk drivers off the road. Mr. CHABOT. Madam Speaker, they (Mr. TRAFICANT asked and was God bless you, Alex. are at it again. We learned this morn- given permission to address the House f ing from The Washington Post that for 1 minute and to revise and extend those big government loving bureau- his remarks.) INTRODUCTION OF THE FAMILY crats in the Clinton administration are Mr. TRAFICANT. Madam Speaker, FARM PROTECTION ACT up to their old tricks again. When we even though Article 21 of GATT clearly (Mr. GREEN of Wisconsin asked and last heard from our friends in the Fed- states any Nation can take action was given permission to address the eral health care data collection busi- when their military security is threat- House for 1 minute and to revise and ness, they were attempting to carry ened, the White House has vowed to extend his remarks.) out a little known provision in the law veto any bill on steel imports. Mr. GREEN of Wisconsin. Madam that would require every single Amer- Beam me up. Speaker, on Monday I was back in We cannot defend America with plas- ican to have a special identification northeastern Wisconsin unveiling what tic and Styrofoam. It seems the White number so that their medical records will be my first bill before this House, House is more concerned with violating could be tracked by the government. the World Trade Organization than a proposal that I call the Family Farm Now we learn that the administra- they are in violating America’s steel Protection Act. tion seeks to create a new database workers. Now this simple plan exempts farm- that would collect personal informa- Let me remind Members of Congress ers from a Federal capital gains tax tion about millions of Americans who we pledged an oath to the Constitution when they sell their farm to a family receive in-home benefits under the of the United States of America, not member when they try to keep their Medicare program. Under the guise of the World Trade Organization. family farm within the family. improving service, the Clinton admin- I yield back all the bankruptcy, de- Now, while the U.S. economy is istration intends to conduct a 19-page spair, downsizing, layoffs and fore- booming, our family members, some of assessment of each patient, including closure of America’s steel workers. the hardest working people in America, questions concerning the patient’s face a tragic crisis. Traditionally, when f sense of failure, or socially inappro- a farm crisis comes along, we in the priate behavior. WE MUST STOP DRUNK DRIVERS Congress look at ways to create more Enough already. Let us put a stop to FROM DESTROYING THE LIVES programs, to build more government this nonsense before it begins. Let us OF INNOCENT PEOPLE help. All too often we forget that it is protect the privacy of millions of (Mr. CLEMENT asked and was given the government itself which is at the Americans. Let us once again say no to permission to address the House for 1 heart of many problems that our farm- Big Brother.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4261 MEDICARE trying to lock up the very roads where There was no objection. (Ms. DELAURO asked and was given we recreate. f It makes no sense. I cannot under- permission to address the House for 1 ELECTION OF MEMBERS TO CER- minute and to revise and extend her re- stand how an agency that is directed to manage our forests is walking away TAIN STANDING COMMITTEES OF marks.) THE HOUSE Ms. DELAURO. Madam Speaker, I and washing its hands of such a serious hold in my hand a letter to the Speak- issue. Mr. GOODLING. Madam Speaker, I This is a bad policy, Madam Speaker. er of the House imploring him to de- offer a resolution (H. Res. 108) and I It is bad for America. It is bad for the vote 15 percent of the budget surplus to ask unanimous consent for its imme- economy. It is bad for the forests and it strengthen Medicare. This letter has diate consideration. is bad for the citizens. The Clerk read the resolution, as fol- been signed by 201 Democrats. We The question is, who is it good for? speak with a unified message: Do not lows: jeopardize Medicare for political tax f H. RES. 108 breaks. RAIDING THE SOCIAL SECURITY Resolved, That the following named Mem- In the most recent Republican budg- TRUST FUND TO SPEND MONEY bers be, and they are hereby, elected to the et, not one penny of the surplus is used ON 120 NEW GOVERNMENT PRO- following standing committees of the House of Representatives: to shore up Medicare. Medicare is pro- GRAMS Committee on the Judiciary: Mr. SCAR- jected to be bankrupt in the year 2008. (Mr. WELLER asked and was given BOROUGH of Florida. That is only 9 years away. The Demo- permission to address the House for 1 Committee on Veterans’ Affairs: Mr. cratic plan to use 15 percent of the sur- minute and to revise and extend his re- BAKER of Louisiana. plus would extend the life of Medicare marks.) The SPEAKER pro tempore. Is there by a decade, giving us time to reform Mr. WELLER. Madam Speaker, back objection to the request of the gen- the program so that it endures the home, when I am back home in the tleman from Pennsylvania? coming strain of the retiring baby south side of Chicago, in the south sub- There was no objection. boom generation and allows us to put a urbs, I get asked some pretty basic The resolution was agreed to. prescription drug benefit together. questions by the folks back home. I A motion to reconsider was laid on The Republican plan is irresponsible. had a really pretty good one asked to the table. It puts short-term political gain ahead me just this past week. f of long-term fiscal responsibility and, They say, it is our understanding in the process, jeopardizes seniors’ that there is this $2.6 trillion surplus of EDUCATION FLEXIBILITY health and their retirement security. extra tax revenue. If we have all this PARTNERSHIP ACT OF 1999 Today 99 percent of America’s seniors extra money in Washington, why does The SPEAKER pro tempore. Pursu- are covered by Medicare. Social Secu- President Clinton, the Clinton-Gore ant to House Resolution 100 and rule rity and Medicare have combined to Democrats, propose a $176 billion tax XVIII, the Chair declares the House in give our seniors independence, dignity increase, and why do the Clinton-Gore the Committee of the Whole House on and security in their retirement. Let Democrats, why do they propose raid- the State of the Union for the further us strengthen them and not dismantle ing the Social Security trust fund by consideration of the bill, H.R. 800. them. $250 billion to spend money on 120 new b 1022 f government programs? That is an important question be- IN THE COMMITTEE OF THE WHOLE THE FOREST SERVICE MORATO- cause on the Republican side, we say Accordingly, the House resolved RIUM IS AN ATTACK ON ACCESS we do not need $176 billion in tax in- itself into the Committee of the Whole TO OUR PUBLIC FORESTS creases. We say we do not want to raid House on the State of the Union for the (Mr. HILL of Montana asked and was the Social Security trust fund. In fact, further consideration of the bill (H.R. given permission to address the House this year we want to stop something 800) to provide for education flexibility for 1 minute and to revise and extend that has been going on for 30 years. We partnerships, with Mr. WELLER (Chair- his remarks.) believe it is time to wall off the Social man pro tempore) in the chair. Mr. HILL of Montana. Madam Speak- Security trust fund and stop the raids The Clerk read the title of the bill. er, the Forest Service roads morato- that President Clinton wants to have The CHAIRMAN pro tempore. When rium now in effect, defies the good on Social Security. the Committee of the Whole rose on common sense required to maintain Let us stop the raids on Social Secu- Wednesday, March 10, 1999, the demand our Nation’s force. rity. Let us wall off the Social Security for a recorded vote on amendment No. In essence, the administration is say- trust fund. 21 by the gentleman from Virginia (Mr. ing that we are going to take a time- f SCOTT) had been postponed and all time out in managing our forests. In the for consideration of the bill under the meantime, of course, the problems will RESIGNATION AS MEMBER OF 5-minute rule had expired. COMMITTEE ON VETERANS’ AF- not wait. They only become more seri- AMENDMENT NO. 21 OFFERED BY MR. SCOTT FAIRS ous. The CHAIRMAN pro tempore. There This moratorium is also an attack on The Speaker pro tempore (Mrs. being no further amendments in order access to our public forests. It is noth- EMERSON) laid before the House the fol- under the rule, the unfinished business ing more than a sweeping mandate lowing resignation as a member of the is the demand for a recorded vote on from Washington. This mandate is not Committee on Veterans’ Affairs: the amendment offered by the gen- designed to study our forests roads but, HOUSE OF REPRESENTATIVES, tleman from Virginia (Mr. SCOTT) on rather, to keep the American citizen Washington, DC, March 10, 1999. which further proceedings were post- out of their forests. Hon. J. DENNIS HASTERT, poned and on which the noes prevailed Speaker of the House, A representative from the most re- by voice vote. spected sportsmen’s group in Wash- The Capitol, Washington, DC. DEAR MR. SPEAKER: Having accepted an ap- The Clerk will redesignate the ington, the Safari Club, called this de- pointment to the Committee on the Judici- amendment. cision bad for sportsmen and other rec- ary, I must hereby regretfully resign from The text of the amendment is as fol- reational users, so bad that it must the Committee on Veterans’ Affairs. lows: have the dedicated professionals in the Sincerely, Amendment No. 21 offered by Mr. SPENCER BACHUS, Forest Service shaking their heads. SCOTT: The Forest Service reports that 93 Member of Congress. In section 4(c) (of H.R. 800, as reported), percent of forest road use is for rec- The SPEAKER pro tempore. Without after ‘‘Secretary’’, insert ‘‘or a State edu- reational purposes, and now they are objection, the resignation is accepted. cational agency’’.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 4262 CONGRESSIONAL RECORD—HOUSE March 11, 1999 At the end of section 4(c)(1)(G) (of H.R. 800, NOES—223 The result of the vote was announced as reported), strike ‘‘and’’. Aderholt Goodlatte Peterson (PA) as above recorded. After subparagraph (H) of section 4(c) (of Archer Goodling Petri Stated against: H.R. 800, as reported), insert the following: Armey Goss Pickering Bachus Graham Pitts Mr. BARRETT of Nebraska. Mr. Chairman, (I) in the case of a school that participates Baker Granger Pombo on rollcall No. 40, I was inadvertently de- in a schoolwide program under section 1114 Ballenger Green (WI) Porter tained. Had I been present, I would have of the Elementary and Secondary Education Barr Greenwood Portman voted ‘‘no.’’ Act of 1965, the eligibility requirements of Bartlett Gutknecht Pryce (OH) Barton Hall (TX) The CHAIRMAN. The question is on such section if such a school serves a school Quinn Bass Hansen Radanovich the committee amendment in the na- attendance area in which less than 35 per- Bateman Hastings (WA) Ramstad ture of a substitute, as amended. cent of the children are from low-income Biggert Hayes Regula The committee amendment in the families; and Bilirakis Hayworth Reynolds nature of a substitute, as amended, was Bliley Hefley Riley RECORDED VOTE Blunt Herger Rogan agreed to. Boehlert Hill (MT) Rogers The CHAIRMAN. Under the rule, the The CHAIRMAN pro tempore. A re- Boehner Hilleary Rohrabacher Bonilla Hobson Committee rises. corded vote has been demanded. Ros-Lehtinen Bono Hoeffel Accordingly, the Committee rose; Roukema A recorded vote was ordered. Boyd Hoekstra Royce and the Speaker pro tempore (Mrs. Brady (TX) Horn The vote was taken by electronic de- Bryant Hostettler Ryan (WI) EMERSON) having assumed the chair, vice, and there were—ayes 195, noes 223, Burr Houghton Ryun (KS) Mr. WELLER, Chairman pro tempore of Burton Hulshof Salmon the Committee of the Whole House on not voting 15, as follows: Sanford Buyer Hunter the State of the Union, reported that [Roll No. 40] Callahan Hutchinson Saxton Calvert Hyde Scarborough that Committee, having had under con- AYES—195 Camp Isakson Schaffer sideration the bill (H.R. 800) to provide Campbell Istook Sensenbrenner Abercrombie Hall (OH) Obey for education flexibility partnerships, Canady Jenkins Sessions Ackerman Hastings (FL) Olver Cannon Johnson (CT) Shadegg pursuant to House Resolution 100, he Allen Hill (IN) Ortiz Castle Johnson, Sam Shaw reported the bill back to the House Andrews Hilliard Owens Chabot Jones (NC) Shays Baird Hinchey Pallone with an amendment adopted by the Chambliss Sherwood Baldacci Hinojosa Kasich Committee of the Whole. Pascrell Chenoweth Shimkus Baldwin Holden Kelly Pastor Coble Shuster The SPEAKER pro tempore. Under Barcia Holt King (NY) Payne Coburn Barrett (WI) Hooley Kingston Simpson the rule, the previous question is or- Pelosi Collins Bentsen Hoyer Knollenberg Skeen dered. Peterson (MN) Combest Bereuter Inslee Kolbe Smith (MI) Phelps Cook Is a separate vote demanded on any Berkley Jackson (IL) Kuykendall Smith (NJ) Pickett Cooksey amendment to the committee amend- Berman Jackson-Lee LaHood Smith (TX) Pomeroy Crane Berry (TX) Largent Smith (WA) ment in the nature of a substitute Price (NC) Cubin Bishop Jefferson Latham Souder adopted by the Committee of the Rahall Cunningham Blumenauer Johnson, E. B. LaTourette Spence Rivers Davis (VA) Whole? If not, the question is on the Bonior Jones (OH) Lazio Stearns Rodriguez Deal Borski Kanjorski Leach Stump amendment. Roemer DeLay Boswell Kennedy Lewis (CA) Sununu The amendment was agreed to. Rothman DeMint Boucher Kildee Lewis (KY) Sweeney Roybal-Allard Diaz-Balart The SPEAKER pro tempore. The Brady (PA) Kilpatrick Linder Talent Rush Dickey question is on the engrossment and Brown (CA) Kind (WI) Lipinski Tancredo Sabo Doolittle Brown (FL) Kleczka LoBiondo Tauzin third reading of the bill. Sanchez Dreier Lucas (OK) Brown (OH) Klink Taylor (MS) The bill was ordered to be engrossed Sanders Duncan Manzullo Capuano Kucinich Taylor (NC) Sandlin Dunn McCollum and read a third time, and was read the Cardin LaFalce Terry Sawyer Ehlers McHugh third time. Carson Lampson Thomas Schakowsky Ehrlich McInnis Clay Lantos Thornberry The SPEAKER pro tempore. The Scott Emerson Clayton Larson McIntosh Serrano English Thune question is on the passage of the bill. Clement Lee McKeon Sherman Everett Tiahrt The question was taken; and the Clyburn Levin Metcalf Shows Ewing Toomey Condit Lewis (GA) Mica Speaker pro tempore announced that Sisisky Fletcher Upton Conyers Lofgren Miller (FL) the ayes appeared to have it. Skelton Foley Walden Costello Lowey Miller, Gary Slaughter Forbes Walsh RECORDED VOTE Coyne Lucas (KY) Moran (KS) Fossella Wamp Cramer Luther Snyder Morella Mr. GOODLING. Madam Speaker, I Fowler Watkins Crowley Maloney (CT) Spratt Myrick Franks (NJ) Watts (OK) demand a recorded vote. Cummings Maloney (NY) Stabenow Nethercutt Frelinghuysen Weldon (FL) A recorded vote was ordered. Danner Markey Stark Ney Gallegly Weldon (PA) Davis (FL) Mascara Stenholm Northup The SPEAKER pro tempore. Post- Ganske Weller Davis (IL) Matsui Strickland Norwood poned suspension votes after this vote Gekas Whitfield DeFazio McCarthy (MO) Stupak Nussle Gibbons Wicker will all be five-minute votes. DeGette McCarthy (NY) Tanner Ose Gilchrest Wilson DeLauro McDermott Tauscher Oxley The vote was taken by electronic de- Gillmor Wolf Deutsch McGovern Thompson (CA) Packard vice, and there were—ayes 330, noes 90, Gilman Young (AK) Dicks McIntyre Thompson (MS) Paul Goode not voting 14, as follows: Dingell McKinney Thurman Pease Young (FL) [Roll No. 41] Dixon McNulty Tierney NOT VOTING—15 Doggett Meehan Towns AYES—330 Dooley Meek (FL) Traficant Barrett (NE) Cox Kaptur Turner Becerra Delahunt Martinez Aderholt Bass Bono Doyle Meeks (NY) Allen Bateman Boswell Edwards Menendez Udall (CO) Bilbray Fattah McCrery Udall (NM) Blagojevich Frost Rangel Andrews Bentsen Boucher Engel Millender- Archer Bereuter Boyd Eshoo McDonald Vela´ zquez Capps John Reyes Vento Armey Berkley Brady (TX) Etheridge Miller, George Bachus Berry Brown (CA) Visclosky Evans Minge Baird Biggert Bryant Waters b 1043 Farr Mink Baker Bilirakis Burr Watt (NC) Filner Moakley Mr. CAMPBELL, Mr. TERRY, and Baldacci Bishop Burton Waxman Ford Mollohan Baldwin Blagojevich Buyer Weiner Mrs. CUBIN changed their vote from Frank (MA) Moore Ballenger Bliley Callahan Wexler ‘‘aye’’ to ‘‘no.’’ Gejdenson Moran (VA) Barcia Blumenauer Calvert Weygand Gephardt Murtha Ms. STABENOW and Mr. FRANK of Barr Blunt Camp Wise Gonzalez Nadler Massachusetts changed their vote from Barrett (NE) Boehlert Campbell Woolsey Gordon Napolitano Bartlett Boehner Canady Wu ‘‘no’’ to ‘‘aye.’’ Green (TX) Neal Barton Bonilla Cannon Gutierrez Oberstar Wynn So the amendment was rejected.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4263 Cardin Hooley Quinn NOES—90 AUTHORIZING THE CLERK TO Castle Horn Radanovich Abercrombie Jackson-Lee Oberstar MAKE CORRECTIONS IN EN- Chabot Hostettler Rahall Ackerman (TX) Obey Chambliss Houghton Ramstad GROSSMENT OF H.R. 800, EDU- Barrett (WI) Jefferson Olver Chenoweth Hoyer Regula CATION FLEXIBILITY PARTNER- Berman Johnson, E. B. Owens Clement Hulshof Reynolds Bonior Jones (OH) SHIP ACT OF 1999 Coble Hunter Riley Pallone Borski Kaptur Pastor Coburn Hutchinson Rodriguez Brady (PA) Kennedy Mr. GOODLING. Madam Speaker, I Collins Hyde Roemer Payne Brown (FL) Kildee Pelosi ask unanimous consent that in the en- Combest Inslee Rogan Brown (OH) Kilpatrick grossment of the bill, H.R. 800, the Condit Isakson Rogers Rangel Capuano Kucinich Rivers Clerk be authorized to make technical Cook Istook Rohrabacher Carson LaFalce Roybal-Allard Cooksey Jenkins Ros-Lehtinen Clay Lee corrections and conforming changes to Rush Cox Johnson (CT) Rothman Clayton Levin the bill. Sanchez Cramer Johnson, Sam Roukema Clyburn Lewis (GA) Sawyer The SPEAKER pro tempore. Is there Crane Jones (NC) Royce Conyers Lowey Cubin Kanjorski Ryan (WI) Costello Markey Schakowsky objection to the request of the gen- Cunningham Kasich Ryun (KS) Coyne McCarthy (MO) Scott tleman from Pennsylvania? Danner Kelly Sabo Crowley McDermott Serrano There was no objection. Davis (FL) Kind (WI) Salmon Cummings McGovern Stark Davis (VA) King (NY) Sanders Davis (IL) McKinney Stupak f Deal Kingston Sandlin DeFazio Meehan Thompson (MS) DeGette Kleczka Sanford Dingell Meek (FL) Thurman ANNOUNCEMENT BY THE SPEAKER DeLauro Klink Saxton Dixon Meeks (NY) Tierney PRO TEMPORE DeLay Knollenberg Scarborough Engel Menendez Towns DeMint Kolbe Schaffer Filner Millender- Vela´ zquez The SPEAKER pro tempore. Pursu- Deutsch Kuykendall Sensenbrenner Frank (MA) McDonald Vento ant to clause 8 of rule XX, the Chair Diaz-Balart LaHood Sessions Hastings (FL) Miller, George Visclosky will now put the question on the re- Hilliard Mink Waters Dickey Lampson Shadegg maining motions to suspend the rules Dicks Lantos Shaw Hinchey Moakley Watt (NC) Doggett Largent Shays Holt Nadler Waxman on which further proceedings were Dooley Larson Sherman Jackson (IL) Neal Woolsey postponed on Tuesday, March 9, 1999, in Doolittle Latham Sherwood NOT VOTING—14 the order in which that motion was en- Doyle LaTourette Shimkus tertained. Dreier Lazio Shows Becerra Frost Miller (FL) Duncan Leach Shuster Bilbray Hastings (WA) Minge Votes will be taken in the following Dunn Lewis (CA) Simpson Capps John Reyes order: Edwards Lewis (KY) Sisisky Delahunt Martinez Smith (NJ) Fattah McCrery H.R. 808, by the yeas and nays; Ehlers Linder Skeen H. Res. 32, by the yeas and nays; Ehrlich Lipinski Skelton b 1104 Emerson LoBiondo Slaughter H. Con. Res. 28, by the yeas and nays. English Lofgren Smith (MI) Mrs. LOWEY and Mr. PALLONE These will all be 5-minute votes. Eshoo Lucas (KY) Smith (TX) changed their vote from ‘‘aye’’ to ‘‘no.’’ Etheridge Lucas (OK) Smith (WA) f Evans Luther Snyder So the bill was passed. Everett Maloney (CT) Souder The result of the vote was announced THREE-MONTH EXTENSION OF RE- Ewing Maloney (NY) Spence as above recorded. ENACTMENT OF CHAPTER 12, Farr Manzullo Spratt A motion to reconsider was laid on TITLE 11, UNITED STATES CODE Fletcher Mascara Stabenow Foley Matsui Stearns the table. The SPEAKER pro tempore. The un- Forbes McCarthy (NY) Stenholm Stated for: finished business is the question of sus- Ford McCollum Strickland Mr. HASTINGS of Washington. Madam pending the rules and passing the bill, Fossella McHugh Stump Speaker, on rollcall No. 41, I was inadvertently Fowler McInnis Sununu H.R. 808, as amended. Franks (NJ) McIntosh Sweeney detained. Had I been present, I would have The Clerk read the title of the bill. Frelinghuysen McIntyre Talent voted ‘‘yes.’’ The SPEAKER pro tempore. The Gallegly McKeon Tancredo Mr. MINGE. Madam Speaker, during rollcall question is on the motion offered by Ganske McNulty Tanner Gejdenson Metcalf Tauscher vote No. 41, on passage of the Educational the gentleman from Pennsylvania (Mr. Gekas Mica Tauzin Partnership Flexibility Act, H.R. 800, I was un- GEKAS) that the House suspend the Gephardt Miller, Gary Taylor (MS) avoidably detained. Had I been present, I rules and pass the bill, H.R. 808, as Gibbons Mollohan Taylor (NC) would have voted ‘‘aye.’’ amended, on which the yeas and nays Gilchrest Moore Terry Gillmor Moran (KS) Thomas Mr. MILLER of Florida. Madam Speaker, are ordered. Gilman Moran (VA) Thompson (CA) earlier today I was inadvertently detained The vote was taken by electronic de- Gonzalez Morella Thornberry away from the floor during the vote on final vice, and there were—yeas 418, nays 1, Goode Murtha Thune passage of H.R. 800. This was my only oppor- not voting 14, as follows: Goodlatte Myrick Tiahrt Goodling Napolitano Toomey tunity to question Attorney General Janet [Roll No. 42] Gordon Nethercutt Traficant Reno about a heinous murder which occurred YEAS—418 Goss Ney Turner in my congressional district. The suspect fled Abercrombie Berkley Brown (OH) Graham Northup Udall (CO) to Mexico, and 15 months later we are still Granger Norwood Udall (NM) Ackerman Berman Bryant Green (TX) Nussle Upton awaiting extradition of this suspect to the Aderholt Berry Burr Green (WI) Ortiz Walden United States. Had I been present I would Allen Biggert Burton Greenwood Ose Walsh have voted ‘‘aye.’’ Andrews Bilirakis Buyer Gutierrez Oxley Wamp Archer Bishop Callahan Gutknecht Packard Watkins f Armey Blagojevich Calvert Hall (OH) Pascrell Watts (OK) Bachus Bliley Camp Hall (TX) Paul Weiner GENERAL LEAVE Baird Blumenauer Campbell Baker Blunt Canady Hansen Pease Weldon (FL) Mr. GOODLING. Madam Speaker, I Hastert Peterson (MN) Weldon (PA) Baldacci Boehlert Cannon Hayes Peterson (PA) Weller ask unanimous consent that all Mem- Baldwin Boehner Capuano Hayworth Petri Wexler bers may have 5 legislative days within Ballenger Bonilla Cardin Barcia Bonior Carson Hefley Phelps Weygand which to revise and extend their re- Barr Bono Castle Herger Pickering Whitfield marks on H.R. 800, the Education Barrett (NE) Borski Chabot Hill (IN) Pickett Wicker Barrett (WI) Boswell Chambliss Hill (MT) Pitts Wilson Flexibility Partnership Act of 1999. Bartlett Boucher Chenoweth Hilleary Pombo Wise The SPEAKER pro tempore (Mrs. Barton Boyd Clay Hinojosa Pomeroy Wolf EMERSON). Is there objection to the re- Bass Brady (PA) Clayton Hobson Porter Wu quest of the gentleman from Pennsyl- Bateman Brady (TX) Clement Hoeffel Portman Wynn Bentsen Brown (CA) Clyburn Hoekstra Price (NC) Young (AK) vania? Bereuter Brown (FL) Coble Holden Pryce (OH) Young (FL) There was no objection.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 4264 CONGRESSIONAL RECORD—HOUSE March 11, 1999 Coburn Hoeffel Moakley Smith (WA) Terry Wamp Ballenger Emerson Kucinich Collins Hoekstra Mollohan Snyder Thomas Waters Barcia Engel Kuykendall Combest Holden Moore Souder Thompson (CA) Watkins Barr English LaFalce Condit Holt Moran (KS) Spence Thompson (MS) Watt (NC) Barrett (NE) Eshoo LaHood Conyers Hooley Moran (VA) Spratt Thornberry Watts (OK) Barrett (WI) Etheridge Lantos Cook Horn Morella Stabenow Thune Waxman Bartlett Evans Largent Cooksey Hostettler Murtha Stark Thurman Weldon (FL) Barton Everett Larson Costello Houghton Myrick Stearns Tiahrt Weldon (PA) Bass Ewing Latham Coyne Hoyer Nadler Stenholm Tierney Weller Bateman Farr LaTourette Cramer Hulshof Napolitano Strickland Toomey Wexler Bentsen Fattah Lazio Crane Hunter Neal Stump Towns Weygand Bereuter Filner Leach Crowley Hutchinson Nethercutt Stupak Traficant Whitfield Berkley Fletcher Lee Cubin Hyde Ney Sununu Turner Wicker Berman Foley Levin Cummings Inslee Northup Sweeney Udall (CO) Wilson Berry Forbes Lewis (CA) Cunningham Isakson Norwood Talent Udall (NM) Wise Biggert Fossella Lewis (GA) Danner Istook Nussle Tancredo Upton Wolf Bilirakis Fowler Lewis (KY) Davis (FL) Jackson (IL) Oberstar Tanner Vela´ zquez Woolsey Bishop Frank (MA) Linder Davis (IL) Jackson-Lee Obey Tauscher Vento Wu Blagojevich Franks (NJ) Lipinski Davis (VA) (TX) Olver Tauzin Visclosky Wynn Bliley Frelinghuysen LoBiondo Deal Jenkins Ortiz Taylor (MS) Walden Young (AK) Blumenauer Gallegly Lofgren DeFazio Johnson (CT) Ose Taylor (NC) Walsh Young (FL) Blunt Ganske Lowey DeGette Johnson, E. B. Owens Boehlert Gejdenson Lucas (KY) DeLauro Johnson, Sam Oxley NAYS—1 Boehner Gekas Lucas (OK) DeLay Jones (NC) Packard Paul Bonior Gephardt Luther DeMint Jones (OH) Pallone Bono Gibbons Maloney (CT) Deutsch Kanjorski Pascrell NOT VOTING—14 Borski Gilchrest Maloney (NY) Diaz-Balart Kaptur Pastor Becerra Fattah John Boswell Gillmor Manzullo Dickey Kasich Payne Bilbray Ford McCrery Boucher Gilman Markey Dicks Kelly Pease Capps Frost Reyes Boyd Gonzalez Martinez Dingell Kennedy Pelosi Brady (PA) Goode Mascara Cox Hilleary Weiner Dixon Kildee Peterson (MN) Delahunt Jefferson Brady (TX) Goodlatte Matsui Doggett Kilpatrick Peterson (PA) Brown (CA) Goodling McCarthy (MO) Dooley Kind (WI) Petri b 1113 Brown (FL) Gordon McCarthy (NY) Doolittle King (NY) Phelps Brown (OH) Goss McCollum Doyle Kingston Pickering Mrs. MEEK of Florida changed her Bryant Graham McDermott Dreier Kleczka Pickett vote from ‘‘nay’’ to ‘‘yea.’’ Burr Granger McGovern Duncan Klink Pitts Burton Green (TX) McHugh Dunn Knollenberg Pombo So (two-thirds having voted in favor Buyer Green (WI) McInnis Edwards Kolbe Pomeroy thereof) the rules were suspended and Callahan Greenwood McIntosh Ehlers Kucinich Porter the bill, as amended, was passed. Calvert Gutierrez McIntyre Ehrlich Kuykendall Portman The result of the vote was announced Camp Gutknecht McKeon Emerson LaFalce Price (NC) Campbell Hall (OH) McKinney Engel LaHood Pryce (OH) as above recorded. Canady Hall (TX) McNulty English Lampson Quinn The title of the bill was amended so Cannon Hansen Meehan Eshoo Lantos Radanovich as to read: ‘‘A bill to extend for 6 addi- Capuano Hastings (FL) Meek (FL) Etheridge Largent Rahall Cardin Hastings (WA) Meeks (NY) Evans Larson Ramstad tional months the period for which Carson Hayes Menendez Everett Latham Rangel chapter 12 of title 11 of the United Castle Hayworth Metcalf Ewing LaTourette Regula States Code is reenacted.’’ Chabot Hefley Mica Farr Lazio Reynolds A motion to reconsider was laid on Chambliss Herger Millender- Filner Leach Riley Clay Hill (IN) McDonald Fletcher Lee Rivers the table. Clayton Hill (MT) Miller (FL) Foley Levin Rodriguez Stated for: Clement Hilleary Miller, Gary Forbes Lewis (CA) Roemer Mr. WEINER. Madam Speaker, on rollcall Clyburn Hilliard Miller, George Fossella Lewis (GA) Rogan Coble Hinchey Minge Fowler Lewis (KY) Rogers No. 42, had I been present, I would have Coburn Hinojosa Mink Frank (MA) Linder Rohrabacher voted ‘‘yea.’’ Collins Hobson Moakley Franks (NJ) Lipinski Ros-Lehtinen Combest Hoeffel Mollohan Frelinghuysen LoBiondo Rothman f Condit Hoekstra Moore Gallegly Lofgren Roukema Conyers Holden Moran (KS) Ganske Lowey Roybal-Allard b 1115 Cook Holt Moran (VA) Gejdenson Lucas (KY) Royce Costello Hooley Morella Gekas Lucas (OK) Rush EXPRESSING SUPPORT FOR FREE, Cox Horn Murtha Gephardt Luther Ryan (WI) FAIR, AND TRANSPARENT ELEC- Coyne Hostettler Myrick Gibbons Maloney (CT) Ryun (KS) TIONS IN INDONESIA Cramer Houghton Nadler Gilchrest Maloney (NY) Sabo Crane Hoyer Napolitano Gillmor Manzullo Salmon The SPEAKER pro tempore (Mrs. Crowley Hulshof Neal Gilman Markey Sanchez EMERSON). The unfinished business is Cubin Hunter Nethercutt Gonzalez Martinez Sanders the question of suspending the rules Cummings Hutchinson Ney Goode Mascara Sandlin Cunningham Hyde Northup Goodlatte Matsui Sanford and agreeing to the resolution, House Danner Inslee Norwood Goodling McCarthy (MO) Sawyer Resolution 32. Davis (FL) Isakson Nussle Gordon McCarthy (NY) Saxton The Clerk read the title of the resolu- Davis (IL) Istook Oberstar Goss McCollum Scarborough Davis (VA) Jackson (IL) Obey Graham McDermott Schaffer tion. Deal Jackson-Lee Olver Granger McGovern Schakowsky The SPEAKER pro tempore. The DeFazio (TX) Ortiz Green (TX) McHugh Scott question is on the motion offered by DeGette Jefferson Ose Green (WI) McInnis Sensenbrenner the gentleman from Nebraska (Mr. BE- DeLauro Jenkins Owens Greenwood McIntosh Serrano DeLay Johnson (CT) Oxley Gutierrez McIntyre Sessions REUTER) that the House suspend the DeMint Johnson, E. B. Packard Gutknecht McKeon Shadegg rules and agree to the resolution, Deutsch Johnson, Sam Pallone Hall (OH) McKinney Shaw House Resolution 32, on which the yeas Diaz-Balart Jones (OH) Pascrell Hall (TX) McNulty Shays Dickey Kanjorski Pastor Hansen Meehan Sherman and nays are ordered. Dicks Kaptur Payne Hastings (FL) Meek (FL) Sherwood This is a 5-minute vote. Dingell Kasich Pease Hastings (WA) Meeks (NY) Shimkus The vote was taken by electronic de- Dixon Kelly Pelosi Hayes Menendez Shows vice, and there were—ayes 413, noes 6, Doggett Kennedy Peterson (MN) Hayworth Metcalf Shuster Dooley Kildee Peterson (PA) Hefley Mica Simpson not voting 14, as follows: Doolittle Kilpatrick Petri Herger Millender- Sisisky [Roll No. 43] Doyle Kind (WI) Phelps Hill (IN) McDonald Skeen Dreier King (NY) Pickering Hill (MT) Miller (FL) Skelton YEAS—413 Duncan Kingston Pickett Hilliard Miller, Gary Slaughter Abercrombie Andrews Baird Dunn Kleczka Pitts Hinchey Miller, George Smith (MI) Ackerman Archer Baker Edwards Klink Pomeroy Hinojosa Minge Smith (NJ) Aderholt Armey Baldacci Ehlers Knollenberg Porter Hobson Mink Smith (TX) Allen Bachus Baldwin Ehrlich Kolbe Portman

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4265

Price (NC) Shaw Thompson (MS) GILMAN) that the House suspend the McDermott Pomeroy Souder Pryce (OH) Shays Thornberry rules and agree to the concurrent reso- McGovern Porter Spence Quinn Sherman Thune McHugh Portman Spratt Radanovich Sherwood Thurman lution, House Concurrent Resolution McInnis Price (NC) Stark Rahall Shimkus Tiahrt 28, as amended, on which the yeas and McIntosh Pryce (OH) Stearns Ramstad Shows Tierney nays are ordered. McIntyre Quinn Stenholm Regula Shuster McKeon Radanovich Strickland Toomey This is a 5-minute vote. Reynolds Simpson Towns McKinney Rahall Stump Riley Sisisky McNulty Ramstad Stupak Traficant The vote was taken by electronic de- Rivers Skeen Meehan Rangel Sununu Turner vice, and there were—yeas 421, nays 0, Rodriguez Skelton Meek (FL) Regula Sweeney Udall (CO) Roemer Slaughter not voting 12, as follows: Meeks (NY) Reynolds Talent Rogan Smith (MI) Udall (NM) [Roll No. 44] Menendez Riley Tancredo Rogers Smith (NJ) Upton Metcalf Rivers Tanner Rohrabacher Smith (TX) Vela´ zquez YEAS—421 Mica Rodriguez Tauscher Ros-Lehtinen Smith (WA) Vento Abercrombie Cubin Hill (MT) Millender- Roemer Tauzin Rothman Snyder Visclosky Ackerman Cummings Hilleary McDonald Rogan Taylor (MS) Roukema Souder Walden Aderholt Cunningham Hilliard Miller (FL) Rogers Taylor (NC) Roybal-Allard Spence Walsh Allen Danner Hinchey Miller, Gary Rohrabacher Terry Royce Spratt Wamp Andrews Davis (FL) Hinojosa Miller, George Ros-Lehtinen Thomas Rush Stabenow Waters Archer Davis (IL) Hobson Minge Rothman Thompson (CA) Ryan (WI) Stark Watkins Armey Davis (VA) Hoeffel Mink Roukema Thompson (MS) Ryun (KS) Stearns Watt (NC) Bachus Deal Hoekstra Moakley Roybal-Allard Thornberry Sabo Stenholm Waxman Baird DeFazio Holden Mollohan Royce Thune Salmon Strickland Weldon (FL) Baker DeGette Holt Moore Rush Thurman Sanchez Stump Weldon (PA) Baldacci DeLauro Hooley Moran (KS) Ryan (WI) Tiahrt Sanders Baldwin Stupak Weller DeLay Horn Moran (VA) Ryun (KS) Tierney Sandlin Sununu Ballenger DeMint Hostettler Morella Sabo Toomey Wexler Sanford Sweeney Barcia Deutsch Houghton Murtha Salmon Towns Weygand Sawyer Talent Barr Diaz-Balart Hoyer Myrick Sanchez Traficant Saxton Tancredo Whitfield Barrett (NE) Dickey Hulshof Nadler Sanders Turner Scarborough Tanner Wicker Barrett (WI) Dicks Hunter Napolitano Sandlin Udall (CO) Schaffer Tauscher Wilson Bartlett Dingell Hutchinson Neal Sanford Udall (NM) Schakowsky Tauzin Wise Barton Dixon Hyde Nethercutt Sawyer Upton Scott Taylor (MS) Wolf Bass Doggett Inslee Ney Saxton Vela´ zquez Sensenbrenner Taylor (NC) Woolsey Bateman Dooley Isakson Northup Scarborough Vento Serrano Terry Wynn Bentsen Doolittle Istook Norwood Schaffer Visclosky Sessions Thomas Young (AK) Bereuter Doyle Jackson (IL) Nussle Schakowsky Walden Shadegg Thompson (CA) Young (FL) Berkley Dreier Jackson-Lee Oberstar Scott Walsh Berman Duncan (TX) Obey Sensenbrenner Wamp NAYS—6 Berry Dunn Jefferson Olver Serrano Waters Bonilla Cooksey Paul Biggert Edwards Jenkins Ortiz Sessions Watkins Chenoweth Jones (NC) Pombo Bilirakis Ehlers Johnson (CT) Ose Shadegg Watt (NC) Bishop Ehrlich Johnson, E. B. Owens Shaw Watts (OK) NOT VOTING—14 Blagojevich Emerson Johnson, Sam Oxley Shays Weiner Becerra Frost Reyes Bliley Engel Jones (NC) Packard Sherman Weldon (FL) Bilbray John Watts (OK) Blumenauer English Jones (OH) Pallone Sherwood Weldon (PA) Capps Lampson Weiner Blunt Eshoo Kanjorski Pascrell Shimkus Weller Delahunt McCrery Wu Boehlert Etheridge Kaptur Pastor Shows Wexler Ford Rangel Boehner Evans Kasich Paul Shuster Weygand Bonilla Everett Kelly Payne Simpson Whitfield b 1120 Bonior Ewing Kennedy Pease Sisisky Wicker Bono Farr Kildee Pelosi Skeen Wilson So (two-thirds having voted in favor Borski Fattah Kilpatrick Peterson (MN) Skelton Wise thereof) the rules were suspended and Boswell Filner Kind (WI) Peterson (PA) Slaughter Wolf the resolution was agreed to. Boucher Fletcher King (NY) Petri Smith (MI) Woolsey Boyd Foley Kingston Phelps Smith (NJ) Wu The result of the vote was announced Brady (PA) Forbes Kleczka Pickering Smith (TX) Wynn as above recorded. Brady (TX) Ford Klink Pitts Smith (WA) Young (AK) A motion to reconsider was laid on Brown (CA) Fossella Knollenberg Pombo Snyder Young (FL) the table. Brown (FL) Fowler Kolbe Brown (OH) Frank (MA) Kucinich NOT VOTING—12 Stated for: Bryant Franks (NJ) Kuykendall Becerra Delahunt Pickett Mr. WEINER. Madam Speaker, on rollcall Burr Frelinghuysen LaFalce Bilbray Frost Reyes No. 43, had I been present, I would have Burton Gallegly LaHood Capps John Stabenow Buyer Ganske Lampson Chambliss McCrery Waxman voted ‘‘yea.’’ Callahan Gejdenson Lantos Mr. WU. Madam Speaker, during rollcall Calvert Gekas Largent b 1130 vote No. 43, on H. Res. 32, I was unavoidably Camp Gephardt Larson So (two-thirds having voted in favor detained. Had I been present, I would have Campbell Gibbons Latham Canady Gilchrest LaTourette thereof) the rules were suspended and voted ‘‘yes.’’ Cannon Gillmor Lazio the concurrent resolution, as amended, f Capuano Gilman Leach Cardin Gonzalez Lee was agreed to. SENSE OF CONGRESS URGING Carson Goode Levin The result of the vote was announced CRITICISM OF PEOPLE’S REPUB- Castle Goodlatte Lewis (CA) as above recorded. Chabot Goodling Lewis (GA) LIC OF CHINA FOR HUMAN Chenoweth Gordon Lewis (KY) A motion to reconsider was laid on RIGHTS ABUSES IN CHINA AND Clay Goss Linder the table. TIBET AT ANNUAL MEETING OF Clayton Graham Lipinski Stated for: UNITED NATIONS COMMISSION Clement Granger LoBiondo Clyburn Green (TX) Lofgren Ms. STABENOW. Mr. Speaker, during roll- ON HUMAN RIGHTS Coble Green (WI) Lowey call vote No. 44 on H. Con. Res. 28, I was un- The SPEAKER pro tempore. The un- Coburn Greenwood Lucas (KY) avoidably detained. Had I been present, I Collins Gutierrez Lucas (OK) would have voted ‘‘yea.’’ finished business is the question of sus- Combest Gutknecht Luther pending the rules and agreeing to the Condit Hall (OH) Maloney (CT) f concurrent resolution, House Concur- Conyers Hall (TX) Maloney (NY) rent Resolution 28, as amended. Cook Hansen Manzullo PEACEKEEPING OPERATIONS IN Cooksey Hastings (FL) Markey KOSOVO RESOLUTION The Clerk read the title of the con- Costello Hastings (WA) Martinez current resolution. Cox Hayes Mascara Mr. DIAZ-BALART. Mr. Speaker, by The SPEAKER pro tempore. The Coyne Hayworth Matsui direction of the Committee on Rules, I Cramer Hefley McCarthy (MO) question is on the motion offered by Crane Herger McCarthy (NY) call up House Resolution 103 and ask the gentleman from New York (Mr. Crowley Hill (IN) McCollum for its immediate consideration.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 4266 CONGRESSIONAL RECORD—HOUSE March 11, 1999 The Clerk read the resolution, as fol- President firmly believes the presence prejudice this resolution stating the lows: of U.S. troops in Kosovo is essential to President’s position, that troops be de- H. RES. 103 maintaining peace in this troubled ployed. I urge the adoption of this open Resolved, That at any time after the adop- area. Like every American, I hope the rule that allows every Member of this tion of this resolution the Speaker may, pur- Serbs and the Kosovars are able to House to have a say and to amend this suant to clause 2(b) of rule XVIII, declare the achieve a peaceful resolution to their resolution. We have set in place a fair House resolved into the Committee of the dispute. We all pray for that outcome. and open process. We are here to dis- Whole House on the state of the Union for Kosovo is a great human tragedy, cuss sensitive issues of policy and not consideration of the concurrent resolution fanned by injustice and unexplained personality. And let me repeat, we are (H. Con. Res. 42) regarding the use of United here today to discuss policy and not States Armed Forces as part of a NATO hatred. peacekeeping operation implementing a As a Member of this great body and personality. I know it does not need to Kosovo peace agreement. The first reading of now as your Speaker, I have never be said, but I urge all Members to treat the concurrent resolution shall be dispensed wavered in my belief and trust in this this issue with the seriousness that it with. General debate shall be confined to the institution. Some have argued that we deserves. We have a solemn duty to concurrent resolution and shall not exceed should not have this debate today, that perform. And let us do it with the dig- two hours equally divided and controlled by we should just leave it to the Presi- nity that brings credit to this great the chairman and ranking minority member dent. Some have even suggested that House. of the Committee on International Rela- taking part and talking about this Mr. DIAZ-BALART. Mr. Speaker, I tions. After general debate the concurrent yield myself such time as I may con- resolution shall be considered for amend- could damage the peace process. I dis- ment under the five-minute rule. The con- agree. No one should fear the free ex- sume. current resolution shall be considered as pression of ideas, the frank exchange of Mr. Speaker, House Resolution 103 is read. No amendment to the concurrent reso- opinions in a representative democ- a modified open rule providing for the lution shall be in order except those printed racy. Two weeks ago, the German Bun- consideration, as the Speaker of the in the portion of the Congressional Record destag held an extensive debate and House has just explained, of House Con- designated for that purpose in clause 8 of voted on whether or not Germany current Resolution 42, the Peace- rule XVIII and except pro forma amendments keeping Operations in Kosovo Resolu- for the purpose of debate. Each amendment should deploy over 5,000 German troops in Kosovo. The British Parliament has tion. so printed may be offered only by the Mem- The purpose of the resolution is to also discussed the deployment of Brit- ber who caused it to be printed or his des- authorize the President to deploy ish troops in Kosovo. I do not believe ignee and shall be considered as read. The United States armed forces to Kosovo chairman of the Committee of the Whole that any harm has been done to the and just as importantly it makes pos- may: (1) postpone until a time during further peace process by the workings of these sible congressional discussion of this consideration in the Committee of the Whole two great democracies. In fact, one very complex situation. a request for a recorded vote on any amend- message which should come from this ment; and (2) reduce to five minutes the min- The rule provides for 2 hours of gen- debate and those held in the par- imum time for electronic voting on any post- eral debate equally divided between the poned question that follows another elec- liaments of our allies is that a free peo- chairman and the ranking minority tronic vote without intervening business, ple can disagree without violence and member of the Committee on Inter- provided that the minimum time for elec- bloodshed. national Relations. It is the intention tronic voting on the first in any series of On this important subject, I have of the rule that the managers of gen- questions shall be 15 minutes. At the conclu- tried to be direct and honest. I have eral debate yield time fairly to Repub- sion of consideration of the concurrent reso- spoken with the President and with his lution for amendment the Committee shall lican and Democratic proponents and Secretary of State. I told them that I opponents of the concurrent resolution. rise and report the concurrent resolution to believed it was my duty as Speaker to the House with such amendments as may Further, the bill provides that the have been adopted. The previous question ensure that Members of the House of concurrent resolution shall be consid- shall be considered as ordered on the concur- Representatives, Republicans and ered as read and makes in order only rent resolution to final adoption without in- Democrats, have the opportunity to those amendments preprinted in the tervening motion except one motion to re- fairly and openly debate the important CONGRESSIONAL RECORD, to be offered commit with or without instructions. issue before troops are sent into a po- only by the Member who caused the The SPEAKER pro tempore (Mr. tentially dangerous situation. I believe amendment to be printed, or his des- BURR of North Carolina). The gen- Congress must have a meaningful role ignee, and each amendment shall be tleman from Florida (Mr. DIAZ- in this decision, no matter how dif- considered as read. BALART) is recognized for 1 hour. ficult our choice nor how hard our In addition, the rule allows the Mr. DIAZ-BALART. Mr. Speaker, for task. Chairman of the Committee of the the purpose of debate only, I yield the I have been equally honest in telling Whole to postpone votes during consid- customary 30 minutes to the gen- the President that I personally have eration of the bill and to reduce voting tleman from Ohio (Mr. HALL). During reservations regarding the wisdom of time to 5 minutes on votes following a consideration of this resolution, all deploying the additional U.S. troops to 15-minute vote. Finally, the rule pro- time yielded is for the purpose of de- the former Yugoslavia, but I have not vides one motion to recommit, with or bate only. made up my mind and I will listen in- without instructions. Mr. Speaker, I yield such time as he tently and closely to this debate. I Mr. Speaker, House Resolution 103 is may consume to the distinguished hope that each of you will do the same, a fair framework to provide a forum to Speaker of the House of Representa- because it is our heavy responsibility debate the issues surrounding the pos- tives. and high honor to represent the men sible deployment of U.S. troops for par- Mr. HASTERT. Mr. Speaker, I thank and women who are being asked by the ticipation in a NATO peacekeeping the gentleman from Florida for yield- President to go into harm’s way. Each force in Kosovo. Any Member can offer ing me this time. I rise in support of of us must be prepared to answer to any germane amendment to this reso- this rule. I would like to address the their families and loved ones. I am lution providing the amendment was House for a few moments on the issue deeply convinced that we owe them to- preprinted in the CONGRESSIONAL we are preparing to consider, the pos- day’s debate, for under our Constitu- RECORD prior to its consideration. The sible deployment of U.S. troops to tion we share this burden with our gentleman from California (Mr. Kosovo. President. DREIER) made this announcement on The President has made it clear that Our debate today will enable each of Monday, March 8, on the House floor, he is committed to sending approxi- us to carry out our responsibilities in a as well as through a Dear Colleague mately 4,000 U.S. troops to Kosovo as fair and thoughtful way. The gen- letter to Members. part of a NATO force intended to keep tleman from New York (Mr. GILMAN), It has been well known, including in the peace. I am convinced that the at my request, has offered without fact through constant press reports,

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4267 that the House would be debating this ning. While not contiguous with Bos- the peace talks in 1995 that led to the difficult issue this week. In spite of the nia, where U.S. troops are currently de- fragile peace that we are trying to pre- snowstorm we had on Tuesday, Mem- ployed, the dangers of a spill-over ef- serve. Today there is continued unrest bers have known for weeks that we fect and renewed violence in the region between the Serbians and the Alba- would be taking up this issue prior to have been realized in the Serbian prov- nians in Kosovo. The conflict has al- the March 15 peace talks in France, the ince of Kosovo. I am extremely con- ready left more than a thousand civil- deadline. Were it not for this fair rule, cerned by the genocidal attacks on ci- ians dead and as many as 400,000 home- if, for example, we had brought H. Con. vilians in Kosovo. As a British states- less. If left unchecked, the turmoil Res. 42 to the floor under suspension of man said while debating the situation could lead to a broader war in Europe. the rules, it would be nonamendable in the Balkans: However there is hope. Sensitive and would be allowed only 40 minutes No language can describe adequately peace talks are taking place in the re- of debate. Therefore, I think it is very the condition of that large portion of gion. Through the efforts of Bob Dole important that Members support this the Balkan peninsula, Serbia, Bosnia, the Albanians appear to be ready to rule, regardless of their position on de- Herzegovina and the other provinces, sign a peace agreement. The United ployment or nondeployment of troops, political intrigues, constant rivalries, a States and its allies continue to press because Congress has every right to be total absence of public spirit, hatred of the parties to restore peace to the re- debating this resolution today and this all races, animosities of rival religions gion. rule provides a fair way to do so. and an absence of any controlling My concern with this resolution is Some Members as well as other for- power, nothing short of an army of not whether Congress has the right to eign policy experts have questioned the 50,000 of the best troops would produce authorize the commitment of U.S. timing of this debate while peace nego- anything like order in these parts. troops; we have that right. My concern tiations have not been concluded. But That statement was made by Prime with this resolution is whether it is in if Congress is to deliberate these seri- Minister Benjamin Disraeli in October our national interest to take it up ous issues prior to the possible deploy- 1878. Unfortunately his words still ring today in the middle of the peace talks ment of U.S. troops, now is the time. true today. that appear to be succeeding. Yesterday at the hearing of the Com- March 15, the proposed deadline for a In summary, the Congress, Mr. mittee on Rules the gentleman from peace agreement for Kosovo, is this Speaker, has every right to debate Connecticut (Mr. GEJDENSON), who is Monday, and U.S. troops could be on whether we should put U.S. troops in the ranking Democratic member of the their way to Kosovo Monday night if harm’s way before they are sent. That is the reason for today’s debate. House Committee on International Re- agreement is reached. lations warned against bringing this As the gentleman from Florida (Mr. I urge my colleagues to support this fair rule so that the House will have resolution to the House floor today. He GOSS) stated at the Committee on testified that it seriously undermines Rules during our markup, there is no the opportunity to debate this very critical issue regarding the possible de- the prospects for reaching peace in the perfect time for this. At least two of region and could lead to more warfare. ployment of our troops to Kosovo. I the Members of the six-nation contact Secretary of State Madeleine would urge my colleagues to support group on Kosovo, Germany and Great Albright sounded a similar note of Britain, as the Speaker of the House the rule. alarm. Yesterday she testified before Mr. Speaker, I reserve the balance of just made reference, have debated in the Subcommittee on Commerce, Jus- my time. their parliaments this precise issue tice, State, and Judiciary that this Mr. HALL of Ohio. Mr. Speaker, I this past month. Now is indeed an ap- vote will be taken as a green light for yield myself such time as I may con- propriate time for the United States the warring parties to continue fight- sume. House of Representatives as the sov- ing. ereign representative body of the Mr. Speaker, I want to thank the During the Committee on Rules con- American people to take up the issue of gentleman from Florida (Mr. DIAZ- sideration the gentleman from Massa- BALART) for yielding me the time. This possible deployment of our troops to chusetts (Mr. MOAKLEY), the ranking join a NATO force. is a modified open rule. It will allow Democratic member, offered an amend- The situation in Kosovo is indeed for consideration of House Concurrent ment to the rule postponing consider- precarious. It has now been over a year Resolution 42 which, as my colleagues ation of the resolution until the end of since fighting broke out between the have heard, is a resolution authorizing the current peace negotiations, and Albanian rebels and the Serbian forces the President to deploy United States that amendment was defeated on a in Kosovo and in spite of an October troops to Kosovo. As my colleague has straight party line vote. Mr. MOAKLEY 1998 cease-fire agreement, hostilities described, this rule provides for 1 hour also offered an amendment to the rule have continued. of general debate to be equally divided making in order a floor amendment by and controlled by the chairman and b 1145 the gentleman from Connecticut (Mr. ranking minority member of the Com- GEJDENSON) supporting the peace proc- March 15 is the current deadline for mittee on International Relations. The ess and authorizing the deployment of negotiations to be completed on a rule permits amendments under the 5- troops if a fair and just peace agree- peace agreement. What is at issue is minute rule, which is the normal ment is reached. The amendment was the expansion of the U.S. role in amending process in the House. Under also defeated on a straight party line Kosovo and whether U.S. troops should this rule, only amendments which have vote. be deployed to participate in a NATO been preprinted in the CONGRESSIONAL Perhaps when the time comes under peace mission should a peace agree- RECORD will be in order. the right conditions Congress should ment be reached. The Committee on Rules has crafted support the deployment of troops to Historically it is well known that the a rule which at another time would be Kosovo, and perhaps when the time Balkans have been a tinder box for re- acceptable. However I believe that the comes Congress should oppose the gional wars, and we must not forget Kosovo resolution should not be move. But the time is not today. that began in that part of brought up at this time. Therefore I We in Dayton, Ohio, know about the world. will oppose the previous question so peace negotiations in Kosovo and Ser- In 1995, as a member of the Com- that the rule can be amended. bia. We know how sensitive they can mittee on Rules, I brought to the floor For most Americans Kosovo and Ser- be. We also know how important they the Bosnia-Herzegovina Self-defense bia are only distant points on the can be because for a brief moment the Act to end the arms embargo on Bos- globe, but that is not so for the com- negotiations of the 1995 accord lived in nia. That embargo was morally wrong, munity of Dayton, Ohio, the commu- my community. Let us let the adminis- and I believe that it was legally ques- nity which I represent, because it was tration negotiate a peace without Con- tionable as well from the very begin- my community of Dayton that hosted gress sending the wrong signal, and we

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 4268 CONGRESSIONAL RECORD—HOUSE March 11, 1999 should not bring up the resolution bility that the NATO mission may for yielding me the time, and again I today. have the unintended consequence of de- rise to say that the timing of this reso- If the previous question is defeated, I stabilizing the region by encouraging lution could not be worse, not the fact will offer an amendment to the rule separatism in neighboring areas, a sit- that we are debating it. I think the which will permit the Kosovo resolu- uation we are already familiar with. fact that they have allowed a debate tion to come up only after the two par- Mr. Speaker, there is no question and under a generally open rule is a ties have signed the agreement on the that the humanitarian crisis in Kosovo positive sign, as my friend from Ohio status of Kosovo. The delay is nec- cries out for international attention has stated. But having this debate and essary to ensure that the actions of the and assistance. But the real question having this vote in the midst of nego- House do not interfere with the peace is: How should the United States of tiations makes little sense and, in fact, negotiations in Kosovo. America respond? Is the answer always undermines those negotiations. Before concluding, I want to express the commission of U.S. forces no mat- Mr. Speaker, I think it is important my appreciation to the gentleman from ter what? Listening to the Clinton ad- for us to review where we have been in California (Mr. DREIER) and to the Re- ministration, we would think that the Balkans. In Bosnia tens of thou- publicans on the Committee on Rules bombing and deployment of troops is sands of people lost their lives, thou- for keeping this a relatively unre- the only solution available to us. sands of women were raped, hundreds stricted rule and for permitting the I am also concerned about the impli- of thousands of people displaced from motion to recommit. I am heartened by cations of the administration’s Kosovo their home before we had the courage the bipartisan spirit in which the gen- plans on the future of NATO. For sev- to finally say no, and within the past year in Kosovo we have had 2000 people tleman from California (Mr. DREIER) eral years NATO has been grappling approached this rule, and I believe this with its role in the post cold war pe- killed, we have had 400,000 people dis- sends a positive signal at the beginning riod. The administration’s headlong placed in Slobodan Milosevic’s geno- cidal campaign of violence and human of this Congress. Our differences are rush to support deployment of NATO rights abuses against the 2 million eth- not in the crafting of the rule, only in troops outside the treaty area risks nic Albanians. the timing. damage to the delicate consensus that Mr. Speaker, this is not the time to Mr. Speaker, I reserve the balance of underlies the alliance. have this resolution on the floor of the my time. In April at NATO’s 50th anniversary House. On the 15th of January, at Mr. DIAZ-BALART. Mr. Speaker, I to be celebrated here in Washington Racak, Serbian special police shot at yield 4 minutes to the distinguished the Alliance will announce its new least 15 ethnic Albanians including el- gentleman from Florida (Mr. GOSS), a strategic concept for the direction and derly people and children. Human member of the Committee on Rules and mission of NATO. Will this document Rights Watch has evidence suggesting chairman of the Permanent Select explain why NATO must intervene in that the Serbians had, and I quote, ‘‘di- Committee on Intelligence. Kosovo, an area outside the treaty rect orders to kill village inhabitants Mr. GOSS. Mr. Speaker, I thank my boundary, but not intervene in an area, over the age of 15.’’ In Rogovo, just 2 colleague from Florida for yielding me say, in Africa where there is genocide weeks later Serbian police raided a this time. and a civil war going where human suf- farming village and executed 25 people. Mr. Speaker, today the House will de- fering is just as great. This has gone on for a year, it has bate whether to send U.S. troops to Mr. Speaker, when President Clinton gone on for more than a year, but with- Kosovo, an issue that may seem to first proposed sending U.S. troops to in the last year we have seen these have little relevance to the lives of Kosovo, he laid out the following cri- numbers rise to 2,000 people. many Americans in this time of very teria: a strong and effective peace Why would Milosevic do anything but blue skies in this country which we are agreement with full participation by stall, not agree to a peace agreement, fortunate to enjoy. But appearances both parties, a permissive security en- if the United States Congress says in a aside, the decisions we make about vironment, including the disarmament vote later today, if this rule passes, Kosovo will affect the course of the of the Kosovar power militaries and a that we, in fact, will not deploy troops? United States and our allies in the well-defined NATO mission with a We will be giving him a green light, world over the next several years. clear exit strategy. These criteria are a and we will be seeing more Racaks, we This matters. It is a critically impor- good starting point for the congres- will be seeing more slaughters as we tant debate, and I urge Members to sional consideration. saw in Rogovo, and we will be in an give it their most thoughtful atten- Later today I or others may offer unvirtuous circle of islands in which tion. amendments to this resolution to en- we undoubtedly will have to revisit Some may question whether this is sure that these criteria and other again on this House floor. the right time for a congressional de- equally important ones are met before Just today, while Richard Holbrooke bate, as we have already heard, about U.S. troops are sent to Kosovo. was talking with Milosevic yesterday, sending U.S. troops to Kosovo. Once an Before I vote to support sending our violence continued, and there is a pic- agreement is reached, the Clinton ad- men and women in uniform to Kosovo, ture in the New York Times showing ministration has announced that it people in my district want to know the the deaths of people in the village of will deploy troops forthwith to begin exit strategy as well as the entry strat- Ivaja in Kosovo. enforcement of the agreement. So when egy. They want to know how this fits b 1200 is the right time to debate the issue? into our national interest, and they This slaughter must stop, and the The answer is before our men and want to know the costs. These are way to stop it is to stop this resolution women in uniform are placed in harm’s basic questions that we in Congress from coming to the floor of the House, way. should raise so that the American peo- and we can do that by voting against I am concerned that the administra- ple are fully informed. Getting answers the rule. Arthur Vandenberg once said tion tends to place U.S. troops into a from the administration is part of our that politics should stop at the water’s dangerous situation where they are job description, especially when the use edge when it comes to foreign policy. unwelcomed by both parties and do not of our men and women in uniform is in- Bob Dole asked us not to do this yes- have clear marching orders. Serbian volved. terday. Let us not do this. Let us stop President Milosevic, an unsavory This rule provides for full debate. I here. Vote no on this rule. Then we can strong man in my view, refuses to ac- urge its support. have a good debate on this issue when cept the presence of foreign troops on Mr. HALL of Ohio. Mr. Speaker, I the issue comes before us when an Serbian soil, and the Kosovar rebels on yield 3 minutes to the gentleman from agreement occurs in this troubled land. their part refuse to give up their ulti- Michigan (Mr. BONIOR). Mr. DIAZ-BALART. Mr. Speaker, I mate goal of independence from Serbia. Mr. BONIOR. Mr. Speaker, I thank yield 2 minutes to the distinguished Of even greater concern is the possi- the gentleman from Ohio (Mr. HALL) gentleman from Georgia (Mr. LINDER).

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4269 Mr. LINDER. Mr. Speaker, I thank Should what we do today cause there think we have even been invited to the gentleman from Florida (Mr. DIAZ- to be no agreement, we would have come to Kosovo. BALART) for yielding. lost, Europe would have lost and there Given these two situations, I don’t Mr. Speaker, I rise in support of H. will be continued bloodshed and an- mean to portray myself as an isola- Res. 103, the rule providing for consid- guish in Kosovo. I think it is wrong to tionist but to suggest that Bosnia and eration of the resolution regarding take this up now. It is untimely. It is Kosovo are European problems that peacekeeping operations in Kosovo. improper to do so. should be resolved by Europeans hardly This rule ensures a free and open de- Secondly, as it was mentioned by my constitutes isolationism. It is isola- bate and provides Members the oppor- friend, the gentleman from Ohio (Mr. tionism light at its best, if that. tunity to have their voices heard on HALL), I am the ranking member on I just believe that we do not need to this very important matter involving the Committee on Armed Services. insert our oars into those waters, and I the lives of our troops. This deals with the military of the don’t mean to come across as uncaring The modified open rule passed the United States of America. or indifferent to the problems plaguing House Committee on Rules and it did We in our committee should have had Europe, but doggone it, it is indeed a not provide any preferential waivers. It the opportunity to have had a hearing European problem. allows for all germane amendments to find out what troops, under what Let our European friends handle it and complies with the request of the conditions and if there is a possibility unless it becomes a situation that gentleman from Connecticut (Mr. of saving some other deployments be- causes United States national security GEJDENSON), who requested that all cause we are short on troops today. to be exposed. amendments be preprinted in the CON- These are questions that we in our Now, absent that, Mr. Speaker, and my colleagues on both sides, I think we GRESSIONAL RECORD. committee should have had the oppor- need to go about our business here. Let The passage of this rule will, I admit, tunity to ask, a full and fair hearing in our friends across the water, as my late lead to a wide open discussion on a the Committee on Armed Services, grandma used to say, let them resolve very public issue, with the prospect of which we did not have. those problems. counter argument and earnest debate. I Thirdly, I would like to mention that Mr. HALL of Ohio. Mr. Speaker, I welcome that debate and I expect it to I also have an amendment, should this yield 2 minutes to the gentleman from be an extraordinary exchange of ideas rule carry, which I hope in all sincerity Texas (Mr. ORTIZ) and opinions. it does not. I will have an amendment I will be honest in stating that I have Mr. ORTIZ. Mr. Speaker, I rise today that requires that there be an agree- grave reservations about the deploy- as a member of the House Committee ment between the parties before any ment of American troops in Kosovo, on Armed Services to oppose the rule American troops are allowed to go into but I also do not see anything wrong allowing the House to consider House Kosovo. That is the bottom line. Right with giving Members the opportunity Resolution 42 regarding Kosovo. now, bringing up this resolution is im- to listen closely to the arguments on I want to say this in the strongest each side of the debate. proper and uncalled for because it possible terms, considering this vote Our allies, Great Britain and Ger- could very well change the agreement, today is so ill-timed as to adversely af- many, have deliberated and engaged in cause there not to be an agreement and fect the peace negotiations ongoing in this debate already, and that leads us cause confusion in that part of the Bal- the Balkans. It has taken us so long to to the question underlying the rule we kans. build the coalition that we have been are discussing today: Should the I wish that everyone could have been able to build in that part of the world, United States House of Representatives with me to witness the four-starred and we understand this. This Congress have the opportunity to participate in German general who is the second in says they have the obligation to ensure the decision to deploy our troops in command at NATO a few weeks ago that the diplomats in the region ex- Kosovo and debate it today? when I asked him why is it important haust all possible means in their nego- My personal view is that it would be that America be involved in Europe tiations. better if we did not. I would prefer that and in NATO? Like the gentleman from Missouri this resolution inform the President His answer was a full and complete (Mr. SKELTON), I wish that we had been that we are unwilling to fund his ad- one, which said it is important that able to debate this issue in the com- venturism without clear rules of en- America be there. I think that if Amer- mittee before it came to the House gagement, exit strategies, specific ica should be there, we should have the floor to see what the needs are, how goals and a budget. We have a constitu- opportunity to do it the right way, the many troops, the equipment. So I tional responsibility to participate in right time and under the right resolu- think that it has all been done in good decisions putting our troops in harm’s tion and the right vote. faith but it is ill-timed. way. I do believe that would better be Mr. DIAZ-BALART. Mr. Speaker, I We also have a unique responsibility the question before us. yield 2 minutes to the distinguished in this situation, as we do in most Having said that, I urge Members to gentleman from North Carolina (Mr. global spots. We are the world’s only support the fair rule that will initiate COBLE). remaining superpower. We have more a full and open debate regarding the de- Mr. COBLE. Mr. Speaker, I thank the and better military might than any ployment of young Americans’ lives in gentleman from Florida (Mr. DIAZ- other country in the world. If we are a dangerous foreign land. BALART) for yielding. indeed the only remaining superpower, Mr. HALL of Ohio. Mr. Speaker, I Mr. Speaker, I usually vote consist- then that status brings certain obliga- yield 3 minutes to the gentleman from ently in favor of rules, and I may vote tions and responsibilities. This is why I Missouri (Mr. SKELTON), who is the for this rule, but I am opposed to our say, let us discuss it further. ranking member of the Committee on dispatching troops to Kosovo, not un- I just got back from Bosnia 4 days Armed Services. like my friend, the gentleman from ago. The morale of our troops is high Mr. SKELTON. Mr. Speaker, I thank Missouri (Mr. SKELTON) who just spoke. and, not only that, they believe in the the gentleman from Ohio (Mr. HALL) I recall Bosnia. The President told us mission that they are conducting in for yielding to me. our troops would be back home, I be- that part of the world. They said for Mr. Speaker, I speak against the lieve, by December 1996. Well, when I the first time we have seen young chil- rule. I will vote against the rule. I am last checked, December 1996 has come dren play in the parks, play in the deeply concerned that taking this mat- and long gone and our troops are still streets, go to school. So please help us ter up now in the midst of negotiations there. I was uneasy about it because I defeat this rule. between the opposing parties, the could not grasp the importance of our Mr. DIAZ-BALART. Mr. Speaker, I Kosovars and Milosevic’s people, will national security vis-a-vis Bosnia. Now yield 2 minutes to the distinguished cause great harm and great damage to Kosovo is on the screen and, unlike gentleman from California (Mr. the negotiating process. Bosnia, as best I remember it, I do not CUNNINGHAM).

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 4270 CONGRESSIONAL RECORD—HOUSE March 11, 1999 Mr. CUNNINGHAM. Mr. Speaker, Yesterday, former Majority Leader debate after the troops are in; do it be- this is exactly the time to have this Bob Dole gave advice to the Committee fore the troops are in. discussion, exactly the time. It may on International Relations. He says, Mr. HALL of Ohio. Mr. Speaker, I not be the time for negotiators and ‘‘We have 2 steps here. First, we get an yield 3 minutes to the gentleman from bean counters but it is for our troops. agreement, then the President goes to New York, (Mr. ENGEL). I remember Somalia, where the the American people to explain it.’’ Mr. ENGEL. Mr. Speaker, I thank my President did not come to Congress Mr. Speaker, I think we must follow friend from Ohio for yielding me this when he changed going after Aideed, Majority Leader Dole’s advice. Defeat time. and we lost 22 rangers because they this rule and let the deliberations lead- Mr. Speaker, I have spent as much failed to give armor which the military ing to peace be concluded. time as anyone over these past 10 or 11 wanted; or Haiti, that we are today Mr. DIAZ-BALART. Mr. Speaker, I years dealing with the problem in spending $25 million a year in building yield 2 minutes to the distinguished Kosovo. I want to tell my colleagues as schools and roads out of the defense gentleman from Colorado (Mr. far as I am concerned this is a wrong budget. MCINNIS). rule and the wrong resolution at the Kosovo is like any of the United Mr. MCINNIS. Mr. Speaker, I appre- wrong time, and it should be defeated. States is to Greater Serbia. It is not a ciate the gentleman from Florida I have hardly seen anything more irre- separate entity. It is the birthplace of yielding me this time. sponsible, quite frankly, in my 10 plus the Orthodox Catholic religion. It is The preceding speaker talked about years here than this resolution and their home. It was occupied by 100 per- the tragedies that are going on. Mr. this rule. As far as I am concerned, this is an cent Serbs, and the Turks and the Speaker, those kinds of tragedies are attempt to embarrass the President, Nazis eliminated and desecrated and going on throughout the entire world. this is mischief-making at its worst, ethnically cleansed , Gypsies and This country cannot be the world’s po- and it undermines American foreign Serbs and now the population is Alba- lice officer. We do have international policy, it undermines the negotiations nian. commitments, but before we exercise these commitments, we need to look at going on. I returned from Rambouillet Albania does not want just Kosovo. 3 weeks ago, and I can tell my col- They want part of Greece. They want the precedents, what we have done in regards to these kinds of situations. leagues that if we pass this rule and Montenegro. This is only a beginning. the resolution offered by the gen- Listen to George Tenet’s brief. Bin Number one, we have never gone into tleman from New York (Mr. GILMAN) Laden is working with the KLA, the the sovereign territory of another country like this without being invited goes down to defeat, as I suspect it terrorists, that is going to hit the will, this will destroy the negotiations to settle a dispute within their bound- United States. If we do not want to and destroy the peace process, and we aries. This is a very similar situation. stop this, then do not talk about it, but will be responsible for that. if we go in there, we are going to lose If the State of Colorado that I am from The Speaker of the House, the gen- got in a dispute with the State of a great number of people. For what? tleman from Illinois (Mr. HASTERT) They have been fighting for 400 years. Texas, would we invite the Turks or came and said that this was an open This debate is well timed. Maybe not the Greeks or NATO to come in and re- process, and I think he was a bit dis- for my colleagues on the other side but solve the dispute between Colorado and ingenuous, quite frankly. He says that for the kids that have to put those Texas? he wants to meet Democrats halfway. backpacks on and carry rifles. It is the There are atrocities occurring in We have not seen that meeting us half- time to stop this. Kosovo. It is a proper mission for hu- way on committee ratios, we have not Take a look at the number of mili- manitarian efforts. It is not a proper seen it on funding, and now the Demo- tary deployments. It was 300 percent mission to intervene with American crats are pleading, the administration during the height of Vietnam. We are military troops that will be there on an is pleading and saying please postpone killing our military as it is, and we indefinite basis. Do not kid ourselves. this vote until there is an agreement, have one-half the force to do it. That is It is an indefinite basis. and we cannot even get a postpone- why they are bailing out. This is ex- Look at Cyprus, the United Nations. ment on the vote. actly the time, Mr. Speaker, and I re- I just came from Cyprus. United Na- Senator Dole was quite eloquent yes- ject the other side. tions troops have never been able to terday. He said, quite simply, first we Mr. HALL of Ohio. Mr. Speaker, I make the peace there. They have been get an agreement and then we go be- yield 1 minute to the gentleman from able to keep the peace because of the fore Congress to ratify the agreement. North Dakota (Mr. POMEROY). fact they have troops there. They have We do not do it the other way around. Mr. POMEROY. Mr. Speaker, I been there for 27 years. It is the same Senator Dole has also spent more time strongly object to this rule which will thing here. We are attempting as out- than anybody in terms of Kosovo, and provide for the House to debate the siders to intervene within the bound- he thinks this will be very damaging. U.S. involvement in the Kosovo peace aries of a sovereign country to resolve Everybody that has worked in this agreement. The reason I object to con- a dispute that is based in large part on process thinks it will be very, very sideration of this issue at this time is religion, in large part on nationality; a damaging. that as of today, there is no peace dispute of which we have very little There is no reason to do this kind of agreement and the process leading to historical knowledge; we certainly thing now, except to embarrass the the arriving at a peace agreement is at have very little historical experience, President politically and undermine a terribly tenuous, sensitive and deli- and we think by force and sending in U.S. foreign policy. This is absolutely cate stage. troops we are going to make peace. We irresponsible. It will damage the peace are not. process. b 1215 We are going to be able to keep the Let me remind my colleagues that We have all read with horror about peace. As long as we have troops in foreign policy should be bipartisan. I the atrocities committed in Kosovo. In- Kosovo, we can keep peace. But we can- was one of those Democrats that voted nocent civilians, including little chil- not, we do not have the capability to with President Bush and supported him dren, have been savagely and brutally take hundreds of years of battle and in the Persian Gulf War when he asked murdered. For the sake of humanity hundreds of years of rock-solid feelings for bipartisanship. Now that the shoe is and decency, we all want this butchery and force them into a peace agreement. on the other foot, we get very little of to end. It will require a peace agree- Finally, Mr. Speaker, let me wrap up it from the other side. All I know is ment to end this killing. Our taking up by saying that some would suggest that in Kosovo there is genocide, eth- the resolution now while the delibera- that this is not an appropriate time for nic cleansing and killing, and it needs tions are still underway can only make delay. This is an appropriate time for to stop, and if the United States Con- it more difficult to resolve this. delay before the troops go in. Do not gress votes against sending troops to

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4271 Kosovo, Slobodan Milosevic, the butch- a clear general debate, and then opens war. These are peacekeeping oper- er of Kosovo, will laugh and laugh and this measure up to amendments from ations, and we have troops all over the laugh, because we will have given him any member, as long as these amend- world in peacekeeping operations with- cover. ments were preprinted in the RECORD. out having gotten prior congressional The Albanians, who have agreed to I understand that some 53 amend- approval. the agreement will back off, because ments have been filed and some are du- Let us also get rid of some of the ar- without strong American participation plicates and I expect the debate will guments that we have heard here on they will not have the fortitude; they focus on authorizing the deployment, the floor that we are going to let the only trust the United States of Amer- requiring reports, praising the negotia- Europeans take care of that. That was ica. We have seen time and time again, tions, praising our troops, or prohib- tried. The previous administration we saw it in Bosnia, 200,000 people were iting the deployment. This debate will waited for Europe to respond to the cri- ethnically cleansed, and until the fulfill our historic constitutional and sis in Yugoslavia. Mr. Speaker, 200,000 United States grabbed the bull by the legal mandate given by our Founding people murdered, raped, killed in their horns and showed the leadership in Fathers to put the war powers in the homes, in open fields, maybe not reach- NATO, people were being killed and hands of the Congress, not the Presi- ing the numbers of other mass murders genocide was happening again on the dent. in this century, but certainly enough face of Europe. And when the United We have called for this because as I that the American people felt that we States grabbed the bull by the horns, understand it, the President does not could no longer wait, and this Presi- only then did it stop, and it is the same want us to vote prior to the conclu- dent led our effort to end that slaugh- situation here. It is disingenuous of my sions of the ongoing Kosovo negotia- ter. colleagues to say they want the killing tions, and will deploy troops within 48 Burden sharing. We have never had to stop, but they do not want to sup- hours of the agreement, as he has indi- an action where the United States is to port American troops as part of NATO cated that he will deploy some 4,000 play such a small role in the number of on the ground. troops to support the agreement. And people on the ground; that in every Without our participation, the kill- if we were to vote subsequent to de- other action, American forces were ing will continue and the ethnic cleans- ployment, we would risk undercutting there in larger number and in this case ing will continue. our troops in the field. the Europeans are, for the first time in Defeat this rule. It is nothing more According to the Secretary of State, my memory, accepting a larger respon- than mischief making and it does not the people’s elected representatives sibility. When we look at the state- do this Congress good service at all. should not vote before deployment and ments, not just of Ambassador Kirk- Mr. DIAZ-BALART. Mr. Speaker, I to avoid undercutting the troops, we patrick and Senator Dole who are yield myself such time as I may con- should not vote after deployment. That clearly in favor of the President’s pol- sume. must not be so. The elected representa- icy, and in particular Senator Dole de- I feel obliged to reject the allegation tives of the people must vote on this serves great praise for his actions, his that Congress would be responsible for risky mission. efforts, going to the region and the atrocities based on the fact that we are From some of the past conflicts up to work he has done. But even Secretary bringing forth this resolution as a sov- and including Desert Storm, Congress Kissinger, who has written in opposi- ereign representative body of the has voted on deployment of our troops tion to the policy, was very hesitant to American people. I am unaccustomed and when we did so, we strengthened suggest that anybody should interpret to citing, to quoting The Washington our Nation’s resolve and our diplo- from his article that they should vote Post, Mr. Speaker, but I feel at this macy. against this resolution. time that I must. I believe we must have this vote to 1230 The Washington Post editorial today require the President to clarify our b says, ‘‘It is a bad time for Congress to mission and to bring the American peo- What is the right thing to do? The debate whether the United States ple into the debate that could put our right thing to do, as Senator Dole said, should send troops to help police any uniformed personnel in harm’s way. is first have an agreement and then peace reached in Kosovo. But there is I want to state that I support this have a vote. Because if we do not do it no better time left, and Congress has resolution. I support the deployment of that way, as again Senator Dole said, if good reason to proceed.’’ troops to Kosovo, provided they enter we have the vote first and we fail to The Washington Post continues by Kosovo in a permissive environment pass it, we will probably not have an saying, ‘‘The President ought to be and with agreed-on conditions of the agreement. asking forthrightly for congressional contact group. With such conditions, I It is an awfully hard place to get an approval, not trying to evade a con- would support our President’s commit- agreement in the first place. Without gressional judgment on his policy in ment to guaranteeing peace in Kosovo. all the support from Congress, with the Kosovo.’’ To quote the editorial that was just unanimity of the American people, ex- So with all respect, I tell my col- cited by our good colleague from Flor- pressed by 435 Members of this House leagues that it is not fair, based on a ida, the editorial in today’s Wash- voting in favor of the President’s ac- policy disagreement, which is genuine ington Post entitled ‘‘Bring Congress tions, it will be exceedingly difficult to and which is most appropriate to say In,’’ and I quote, ‘‘It takes a bold deci- achieve a goal of peace in that area. that we would be responsible for atroc- sion for Bill Clinton to bring Congress But with the actions that we take ities or horrors that are based on in as a partner this Kosovo, and he today, even if we pass it, but with a unexplainable and historical reasons in should not shy away from it.’’ small number, it will encourage that part of the world. Mr. HALL of Ohio. Mr. Speaker, I Milosevic and others who object to the Mr. Speaker, I yield 4 minutes to the yield 3 minutes to the gentleman from peace process, who want to see battle gentleman from New York (Mr. GIL- Connecticut (Mr. GEJDENSON), who is continue, and who care not for the MAN), the distinguished chairman of the ranking minority member on the lives on the ground. the Committee on International Rela- Committee on International Relations. I do hope this is a sincere effort tions. Mr. GEJDENSON. Mr. Speaker, first where we differ. I sure hope that we do Mr. GILMAN. Mr. Speaker, I thank let us get straight where we are. There not see a unified rejection of the nego- the gentleman for yielding me this is no constitutional requirement that tiations that are going on today be- time. the United States Congress take action cause it is a Democratic President. Mr. Speaker, I am pleased to rise in prior to the President putting troops Speaker Foley, when he sat in this support of the rule, H. Con. Res. 42, au- into a peacekeeping situation. This is House, held up the vote on the Persian thorizing deployment of our U.S. not initiating a war; this is not moving Gulf for months at the request of the armed forces in Kosovo. It provides for troops in an area where we anticipate President of the United States, George

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 4272 CONGRESSIONAL RECORD—HOUSE March 11, 1999 Bush. He waited until the troops were the Balkans is an important cross- Mr. HALL of Ohio. Mr. Speaker, I there and ready, and then, with agree- roads. yield 3 minutes to our leader, the gen- ment from the administration, held a Secondly, Mr. Milosevic is a major tleman from Missouri (Mr. GEPHARDT). vote. roadblock to peace, and understands Mr. GEPHARDT. Mr. Speaker, I have We are asked to vote before there is only firmness, total firmness. always believed that Congress should an agreement, before there is a conclu- Third, the U.S. has a special credi- be involved in decisions by our govern- sion. Support the Committee on Rules’ bility there. We have a special credi- ment to send our armed services into proposal to send this back and bring it bility, and we need to use it to help harm’s way. I really believe it is best back to the floor when there is actu- bring about peace and to help enforce to first commit the people and then ally something to vote on. it. commit the troops. Mr. HALL of Ohio. Mr. Speaker, I The question now is not whether we However, I object strongly to the yield 2 minutes to the gentleman from are going to go to war, but whether we timing of this debate. We should not be California (Mr. LANTOS), who is also a can negotiate a peace. I urge Members debating this matter while our dip- very distinguished member of the Com- on the majority side to listen to their lomats at this very moment are seek- mittee on International Relations. standardbearer of 1996, Robert Dole, ing to convince the parties to this con- Mr. LANTOS. Mr. Speaker, I have who said just yesterday, I would rather flict to lay down their weapons and the highest regard for all of my col- have the vote come after the agree- choose the path of peace. leagues on the other side of the Cham- ment. Mr. Dole, to his credit, knows To conduct a divisive debate in Con- ber, and of course, I recognize, as we all the importance of bipartisanship in for- gress and perhaps fail to support our must, that this is not a partisan issue. eign policy. government’s efforts is the height of ir- When President Bush asked this body I close with this. This is a particu- responsibility, and threatens the hope to support him with respect to the Per- larly sensitive time in the negotiations for an agreement to halt the bloodshed sian Gulf, I was one of those Democrats for peace in Kosovo. This is not the and prevent the widening of this war. who proudly and publicly supported time to take risks in undermining We all know that we are at a very those efforts. Those who insist on a de- him. I want to pay tribute to Senator delicate moment in the Kosovo peace bate at this particular moment should Dole for his courageous public state- negotiations. In part due to the efforts think again, or they bear the responsi- ments and actions supporting the pol- of former Senate Majority Leader Bob bility for the possible consequences of icy that we support. Dole, the Kosovar Albanians are re- their actions. It is self-evident that this is the portedly ready to sign an agreement, Mr. DIAZ-BALART. Mr. Speaker, I wrong time to deal with this issue. and our diplomats are right now con- yield 11⁄2 minutes to the gentlewoman There may be no agreement for us to tinuing to convince Yugoslavia Presi- from North Carolina (Mrs. MYRICK), a implement. But if we vote now, the distinguished member of the Com- dent Milosevic to agree, as well. likelihood of an agreement diminishes. mittee on Rules. If we reject this legislation, the How many innocent children and Mrs. MYRICK. Mr. Speaker, I do rise Kosovars may refuse to sign an agree- women have to be killed in the former today in support of this rule, because it ment out of fear that U.S. leadership is Yugoslavia for us to talk about geno- provides a fair and open debate, as wavering, and clearly, Milosevic will be cide? Had we acted in 1991, a quarter should be the case with such an impor- emboldened to continue his rejection of million innocent people who are now tant matter. But that said, I strongly a NATO force as part of any agree- dead would be here, and 21⁄2 million ref- oppose the commitment of U.S. troops ment. Either outcome will only lead to ugees would still be living in their to Kosovo unless we are going to go in more violence, more bloodshed, which homes. and solve the problem. has engulfed this region over the past I know the difference between the I do not believe the United States years. Persian Gulf and Kosovo. Kosovo has can be the parent or the policeman of This should not be about politics. It no oil. That is the principle that is in- the world, and the fighting there and in should not be about giving the admin- voked here, under the table. Clearly we the rest of the Balkans is primarily a istration a black eye. This is about are not protecting our oil resources in European matter and should remain a ending a humanitarian catastrophe and Kosovo, as we did in the Persian Gulf. European matter, and they should be preventing the slaughter of thousands This ought not to be a partisan dis- involved in taking the lead in this. of innocent people caught in a sim- pute. We are undermining NATO, that I believe wholeheartedly in maintain- mering ethnic conflict. succeeded in destroying the mighty So- ing a strong national defense, and I Lives are at stake here. Our actions viet Union, if we as the leader of NATO will always support our men and today may determine whether the peo- 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. Mr. Speaker, I was in America’s Armed Forces, and have no that we are here today demonstrates Bosnia 4 years ago as cochair of a doubt that given a properly defined that Republican leaders have chosen House delegation, and there were three mission with a clear objective and a partisan politics over a united Amer- clear lessons from that trip. sensible exit strategy, our forces would ican effort to end the conflict. It seems Number one, there is a U.S. national perform brilliantly. That, however, that politics has infected foreign pol- interest in preventing an outbreak of does not describe our presence in the icy, and I think, if that has happened, major conflagration in the Balkans. We former Yugoslavia. with great harm to our credibility should not be the world’s policeman, I urge my colleagues to join me in overseas. true. We also should not be asleep at supporting this rule and opposing Others will talk about the impor- the switch. Whether we like it or not, House Concurrent Resolution 42. tance of U.S. leadership in the Balkans

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4273 and Kosovo’s significance for the fu- merely a procedural vote. A vote against or- Mr. Speaker, I want to encourage ture of NATO. I will simply reiterate to dering the previous question is a vote Members on both sides of the aisle to the Members what Bob Dole said yes- against the Republican majority agenda and support the motion of the gentleman terday in the Committee on Inter- a vote to allow the opposition, at least for the moment, to offer an alternative plan. It from Ohio (Mr. HALL) to defeat the pre- national Relations. When asked about is a vote about what the House should be de- vious question and do so for the fol- the timing of the vote, Senator Dole bating. lowing two reasons: One, maybe the said, ‘‘I would rather have the vote Mr. Clarence Cannon’s ‘‘Precedents of the most important book written on the come after the agreement between the House of Representatives,’’ (VI, 308–311) de- history of Kosovo and Bosnia in the Kosovar Albanians and Serbia.’’ scribes the vote on the previous question on last several years by Robert Kaplan is When asked how Members should the rule as ‘‘a motion to direct or control the ‘‘Balkan Ghosts.’’ Certainly the ghosts vote if this resolution is not postponed, consideration of the subject before the House being made by the Member in charge.’’ To of this distinguished Chamber are rat- Senator Dole said, we hope there will tling around as we play some politics be strong bipartisan support. It is in defeat the previous question is to give the opposition a chance to decide the subject be- with the timing of this resolution. our national interest to do this. fore the House. Cannon cites the Speaker’s When it comes to foreign policy, it I regret that the leadership in Con- ruling of January 13, 1920, to the effect that used to be that we did not play politics gress has forgotten our history and our ‘‘the refusal of the House to sustain the de- and go across the water’s edge. Cer- background, and the importance of mand for the previous question passes the tainly when it comes to war, my very standing united as we attempt to re- control of the resolution to the opposition’’ first vote in this Chamber, we had dig- solve yet another international con- in order to offer an amendment. On March nified and civil debate really that em- flict. I urge all Members, Republican 15, 1909, a member of the majority party of- bodied the comity that this institution and Democratic alike, to vote against fered a rule resolution. The House defeated is capable of. this rule, and defer this action that the previous question and a member of the The timing of this resolution is very very well may provoke further blood- opposition rose to a parliamentary inquiry, asking who was entitled to recognition. important. We should not do it before shed in the Balkans. Speaker Joseph G. Cannon (R-Illinois) said: we see the peace agreement that is We can have this vote if there is a ‘‘The previous question having been refused, treaty. We can have this vote once reached, if one is reached in this very the gentleman from New York, Mr. Fitz- volatile and delicate region of the there has been some kind of pulling to- gerald, who had asked the gentleman to gether of a policy that we can look at yield to him for an amendment, is entitled to world. and evaluate. This vote today is pre- the first recognition.’’ Secondly, Mr. Speaker, and I openly mature. It is wrong to have it today. Because the vote today may look bad for will criticize the administration for The Members have it within their abil- the Republican majority they will say ‘‘the this, I do not know how I would vote ity to put this vote off. I urge Members vote on the previous question is simply a next week or the week after on deploy- to vote against the previous question, vote on whether to proceed to an immediate ing troops. I think we should have an- vote on adopting the resolution . . . [and] vote against the rule, and let us bring swers to questions about how thinly has no substantive legislative or policy im- our troops might be deployed, what the up this vote when it is timely and ap- plications whatsoever.’’ But that is not what propriate. they have always said. Listen to the Repub- cost would be, what the exit strategy Mr. HALL of Ohio. Mr. Speaker, I lican Leadership ‘‘Manual on the Legislative will be, how we are going to pay for yield myself such time as I may con- Process in the United States House of Rep- this, what is the morale of the troops sume. resentatives,’’ (6th edition, page 135). Here’s like and what state is that? Mr. Speaker, I urge Members to vote how the Republicans describe the previous I do not think we should give carte against the previous question. If the question vote in their own manual: blanche to the administration who sim- previous question is defeated, I will ‘‘Although it is generally not possible to ply announces to Congress that they offer an amendment to the rule that amend the rule because the majority Mem- ber controlling the time will not yield for are going to send 4,000 troops overseas will delay consideration of the Kosovo the purpose of offering an amendment, the whether Congress wants to or not. peacekeeping resolution until an agree- same result may be achieved by voting down So in terms of these two reasons, the ment on the status of Kosovo has been the previous question on the rule. . . . When politics of the timing today is not ap- signed between the Serbian govern- the motion for the previous question is de- propriate. Let us see if we can get a ment and the Kosovo Albanians. feated, control of the time passes to the peace agreement; and then once we There is potential for serious damage Member who led the opposition to ordering have it, let us debate it. Let us play to the peace process if we insist on the previous question. That Member, because our constitutional role in the United bringing this debate while negotiations he then controls the time, may offer an States Congress and have input, valu- amendment to the rule, or yield for the pur- are in midstream and are in a precar- able input and debate on such a criti- ious state. We certainly would not pose of amendment.’’ Deschler’s ‘‘Procedure in the U.S. House of cally important matter for our Con- want to do anything in this body which Representatives,’’ the subchapter titled stitution, our country, and our Con- could have the effect of disrupting or ‘‘Amending Special Rules’’ states: ‘‘a refusal gress. even ending the prospect for peace in to order the previous question on such a rule Mr. DIAZ-BALART. Mr. Speaker, I the Balkan region. [a special rule reported from the Committee yield myself such time as I may con- b 1245 on Rules] opens the resolution to amend- sume. ment and further debate.’’ (Chapter 21, sec- Mr. Speaker, I urge a no vote on the tion 21.2) Section 21.3 continues: Mr. Speaker, the accusations made previous question. ‘‘Upon rejection of the motion for the pre- by our distinguished colleagues on the I ask unanimous consent to insert vious question on a resolution reported from other side of the aisle, especially the the text of the amendment and extra- the Committee on Rules, control shifts to minority leader, have been most un- neous materials at this point in the the Member leading the opposition to the fair, unfortunate, and must be rejected. previous question, who may offer a proper RECORD. Partisanship has not played a role in There was no objection. amendment or motion and who controls the this timing. The deadline for negotia- time for debate thereon.’’ PREVIOUS QUESTION FOR RULE ON H. CON. The vote on the previous question on a rule tions is Monday night. Our troops RES. 42 PEACEKEEPING OPERATIONS IN does have substantive policy implications. It could be on their way to being deployed KOSOVO RESOLUTION is one of the only available tools for those Monday night. If Congress is to have a On page 1, line 2, after ‘‘resolution’’ insert who oppose the Republican majority’s agen- voice on this issue, Congress must ‘‘and after an agreement between the Ser- da to offer an alternative plan. speak now, as even the Washington bian Government and the Kosovar Albanians Mr. HALL of Ohio. Mr. Speaker, I Post has recognized. has been signed on the status of Kosovo’’. yield 2 minutes to the gentleman from I personally will join the gentleman THE VOTE ON THE PREVIOUS QUESTION: WHAT Indiana (Mr. ROEMER). from New York (Mr. GILMAN), the IT REALLY MEANS Mr. ROEMER. Mr. Speaker, I want to chairman of the Committee on Inter- This vote, the vote on whether to order the thank the gentleman from Ohio (Mr. national Relations, in voting in favor previous question on a special rule, is not HALL) for yielding me the time. of the authorization, in other words,

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 4274 CONGRESSIONAL RECORD—HOUSE March 11, 1999 the underlying concurrent resolution Mr. Speaker, whether we like it or not, Cox Hyde Regula Crane Isakson Reynolds being brought forth by this rule. America cannot afford to walk away from the Cubin Istook Riley So I would urge my colleagues to genocide and instability festering in Kosovo. I Cunningham Jenkins Rogan vote to support the previous question urge our colleagues to support H. Con. Res. Davis (VA) Johnson (CT) Rogers and to support the rule. 42 and its urgent mission to bring peace to the Deal Johnson, Sam Rohrabacher DeLay Jones (NC) Ros-Lehtinen Mr. FALEOMAVAEGA. Mr. Speaker, I rise long suffering people of Kosovo. DeMint Kasich Roukema today to speak on House Concurrent Resolu- Ms. JACKSON-LEE of Texas. Mr. Speaker, Diaz-Balart Kelly Royce tion 42, a measure regarding the use of I rise in opposition to the rule allowing for the Dickey King (NY) Ryan (WI) Doolittle Kingston Ryun (KS) United States Armed Forces as part of a consideration of H. Con. Res. 42. Dreier Knollenberg Salmon NATO peacekeeping operation to implement a Mr. Speaker, the consideration of this bill Duncan Kolbe Sanford peace agreement in Kosovo. comes at a most inopportune time. Timing is Dunn Kuykendall Scarborough At the outset, Mr. Speaker, I would voice my Ehlers LaHood Schaffer the key issue in this debate. As Negotiations Ehrlich Largent Sensenbrenner objection on procedural grounds to the rule to end the fighting in Kosovo are scheduled to Emerson Latham Sessions authorizing debate today of H. Con. Res. 42, resume next week this body has scheduled a English LaTourette Shadegg a measure on which the Democrats had no debate as to the course of American policy in Everett Lazio Shaw input and the Administration has not been per- Ewing Leach Shays the region. In debating this resolution now we Fletcher Lewis (CA) Sherwood mitted to comment upon. send the wrong message to friend and foe Foley Lewis (KY) Shimkus As we all know, Mr. Speaker, the fragile alike. In debating this issue now we send a Forbes Linder Shuster peace negotiations on Kosovo are being con- Fossella LoBiondo Simpson message of indecisiveness and reluctance to Fowler Lucas (OK) Skeen ducted by the six member Contact Group and fulfill our role as a peace partner in the region. Franks (NJ) Manzullo Smith (MI) international community as we speak. Be- A decisive debate on this issue could under- Frelinghuysen McCollum Smith (NJ) cause of the sensitivity of these on-going ne- mine the talks at a critical juncture in the dia- Gallegly McCrery Smith (TX) gotiations, this is the absolute worst time to Ganske McHugh Souder logue. Even former Senator Dole who sup- Gekas McInnis Spence hold a contentious debate on Kosovo in the ports a NATO ground presence, recognizes Gibbons McIntosh Stearns House of Representatives. Mixed signals from the bad timing of this resolution. On March 10, Gilchrest McKeon Stump the U.S. Congress concerning the U.S. role in Gillmor Metcalf Sununu Senator Dole testified before the House Inter- Gilman Mica Sweeney Kosovo undercut the Administration’s ability to national Relations Committee that he ‘‘would Goode Miller (FL) Talent forge a successful peace agreement between rather have the vote come after the agreement Goodlatte Miller, Gary Tancredo the warring factions in Kosovo. between the Albanians and Serbia.’’ Goss Moran (KS) Tauzin Already the situation is being manipulated Graham Myrick Taylor (NC) Mr. Speaker, I will vote against the rule on Granger Nethercutt Terry by Serb leader Slobodan Milosevic, whose H. Con. Res. 42 because this is the wrong Green (WI) Ney Thomas belligerence has been encouraged by per- time for the consideration of this legislation by Greenwood Northup Thornberry ceived ambivalence in Washington. No doubt Hall (TX) Norwood Thune the House at such a critical moment in the Hansen Nussle Tiahrt this has played a role in recent setbacks to peace negotiations. Hastert Ose Toomey the peace process, as exemplified by Mr. DIAZ-BALART. Mr. Speaker, I Hastings (WA) Oxley Upton Milosevic’s emboldened insistence to U.S. move the previous question on the res- Hayes Packard Walden Special Envoy Richard Holbrooke that any po- Hayworth Paul Walsh olution. Hefley Pease Wamp litical agreement based upon his country’s ac- The SPEAKER pro tempore (Mr. Herger Peterson (PA) Watkins ceptance of foreign troops is unacceptable. BURR of North Carolina). The question Hill (MT) Petri Watts (OK) Mr. Speaker, I urge our colleagues to vote is on ordering the previous question. Hilleary Pickering Weldon (FL) against the rule on H. Con. Res. 42. It is Hobson Pitts Weldon (PA) The question was taken; and the Hoekstra Pombo Weller clearly irresponsible to hold a divisive Kosovo Speaker pro tempore announced that Horn Porter Whitfield debate now in Congress that will, in all likeli- the ayes appeared to have it. Hostettler Portman Wicker hood, materially damage prospects for a last- Houghton Pryce (OH) Wilson Mr. HALL of Ohio. Mr. Speaker, I ob- Hulshof Quinn Wolf ing peace agreement being reached in that ject to the vote on the ground that a Hunter Radanovich Young (AK) war-torn province. quorum is not present and make the Hutchinson Ramstad Young (FL) Having said that, Mr. Speaker, if a peace point of order that a quorum is not NAYS—203 accord in Kosovo is negotiated, I would urge present. Abercrombie Costello Hall (OH) support for the President’s authority to deploy The SPEAKER pro tempore. Evi- Ackerman Coyne Hastings (FL) U.S. troops to implement the peace agree- dently a quorum is not present. Allen Cramer Hill (IN) ment, as embodied in H. Con. Res. 42. The Sergeant at Arms will notify ab- Andrews Crowley Hilliard As the world’s lone superpower, I believe Baird Cummings Hinchey sent Members. Baldacci Danner Hinojosa the government of the United States has a Pursuant to clause 9 of rule XX, the Baldwin Davis (FL) Hoeffel moral obligation to do what we can to stop the Chair will reduce to a minimum of 5 Barcia Davis (IL) Holden Barrett (WI) DeFazio Holt senseless bloodshed in Kosovo. Already over minutes the period of time within 200,000 lives have been sacrificed in the re- Bentsen DeGette Hooley which a vote by electronic device, if or- Berkley DeLauro Hoyer gion’s violence and it must be stopped. dered, will be taken on the question of Berman Deutsch Inslee Berry On a strategic level, it is important that the agreeing to the resolution. Dicks Jackson (IL) war in Kosovo not be allowed to escalate and Bishop Dingell Jackson-Lee The vote was taken by electronic de- Blagojevich Dixon (TX) spread, threatening the stability of surrounding vice, and there were—yeas 219, nays Blumenauer Doggett Jefferson Balkan states as well as that of NATO part- Bonior Dooley Johnson, E. B. 203, not voting 12, as follows: ners, Greece and Turkey. The United States Borski Doyle Jones (OH) has a strategic interest in preserving the [Roll No. 45] Boswell Edwards Kanjorski YEAS—219 Boucher Engel Kaptur peace and stability of all of Europe, including Boyd Eshoo Kennedy its southern flank. Aderholt Bilirakis Camp Brady (PA) Etheridge Kildee Achieving these important objectives require Archer Bliley Campbell Brown (CA) Evans Kilpatrick Armey Blunt Canady Brown (FL) Farr Kind (WI) that an international peacekeeping force be Bachus Boehlert Cannon Brown (OH) Fattah Kleczka formed by NATO. As NATO’s leader, I believe Baker Boehner Castle Capuano Filner Klink it appropriate and not an undue burden that Ballenger Bonilla Chabot Cardin Ford Kucinich the United States contribute 4,000 U.S. troops, Barr Bono Chambliss Carson Frank (MA) LaFalce Barrett (NE) Brady (TX) Chenoweth Clay Gejdenson Lampson only 14% of the total NATO deployment of Bartlett Bryant Coble Clayton Gephardt Lantos 28,000 peacekeeping soldiers. History has Barton Burr Coburn Clement Gonzalez Larson shown repeatedly that if the United States Bass Burton Collins Clyburn Gordon Lee Bateman Buyer Combest Condit Green (TX) Levin does not participate and lead, NATO is inef- Bereuter Callahan Cook Conyers Gutierrez Lewis (GA) fective and falls apart. Biggert Calvert Cooksey

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4275 Lipinski Obey Smith (WA) Fossella Latham Ryan (WI) Millender- Quinn Strickland Lofgren Olver Snyder Fowler LaTourette Ryun (KS) McDonald Rahall Stupak Lowey Ortiz Spratt Frank (MA) Lazio Salmon Miller, George Rangel Tanner Lucas (KY) Owens Stabenow Franks (NJ) Leach Sanford Minge Rivers Tauscher Luther Pallone Stark Frelinghuysen Lewis (CA) Scarborough Mink Rodriguez Thompson (CA) Maloney (CT) Pascrell Stenholm Gallegly Lewis (KY) Schaffer Moakley Rothman Thompson (MS) Maloney (NY) Pastor Strickland Ganske Linder Sensenbrenner Moore Roybal-Allard Thurman Markey Payne Stupak Gekas LoBiondo Sessions Moran (VA) Rush Tierney Martinez Pelosi Murtha Sabo Tanner Gibbons Lucas (OK) Shadegg Towns Mascara Peterson (MN) Nadler Sanchez Tauscher Gilchrest Manzullo Shaw Traficant Matsui Phelps Gillmor McCollum Napolitano Sanders Taylor (MS) Shays Turner McCarthy (MO) Pickett Gilman McCrery Neal Sandlin Thompson (CA) Sherwood Udall (CO) McCarthy (NY) Pomeroy Goode McHugh Oberstar Sawyer Thompson (MS) Shimkus Udall (NM) McDermott Price (NC) Goodlatte McInnis Obey Schakowsky Thurman Shuster Vela´ zquez McGovern Rahall Goss McIntosh Simpson Olver Scott McIntyre Rangel Tierney Vento Graham McKeon Skeen Ortiz Serrano McKinney Rivers Towns Owens Sherman Visclosky Granger Metcalf Smith (MI) McNulty Rodriguez Traficant Pallone Shows Waters Green (WI) Mica Smith (NJ) Meehan Roemer Turner Pascrell Sisisky Watt (NC) Greenwood Miller (FL) Smith (TX) Meek (FL) Rothman Udall (CO) Pastor Skelton Waxman Gutknecht Miller, Gary Souder Meeks (NY) Roybal-Allard Udall (NM) Payne Slaughter Weiner Hall (TX) Moran (KS) Spence Menendez Rush Vela´ zquez Pelosi Smith (WA) Wexler Hansen Myrick Stearns Millender- Sabo Vento Peterson (MN) Snyder Weygand Hastert Nethercutt Stump McDonald Sanchez Visclosky Hastings (WA) Ney Phelps Spratt Wise Miller, George Sanders Sununu Pickett Stabenow Woolsey Waters Hayes Northup Sweeney Minge Sandlin Watt (NC) Hayworth Norwood Pomeroy Stark Wu Mink Sawyer Talent Price (NC) Stenholm Wynn Waxman Hefley Nussle Tancredo Moakley Schakowsky Herger Ose Weiner Tauzin NOT VOTING—15 Moore Scott Hill (MT) Oxley Wexler Taylor (MS) Moran (VA) Serrano Hilleary Packard Archer Delahunt John Weygand Taylor (NC) Murtha Sherman Hobson Paul Bartlett Frost Mollohan Wise Terry Nadler Shows Hoekstra Pease Becerra Goodling Morella Napolitano Sisisky Woolsey Thomas Bilbray Horn Reyes Wu Hostettler Peterson (PA) Neal Skelton Houghton Petri Thornberry Capps Hunter Saxton Wynn Oberstar Slaughter Hulshof Pickering Thune Hutchinson Pitts Tiahrt b 1319 NOT VOTING—12 Toomey Hyde Pombo So the resolution was agreed to. Becerra Frost Mollohan Isakson Porter Upton Bilbray Goodling Morella Istook Portman Walden The result of the vote was announced Capps Gutknecht Reyes Jenkins Pryce (OH) Walsh as above recorded. Delahunt John Saxton Johnson (CT) Radanovich Wamp A motion to reconsider was laid on Johnson, Sam Ramstad Watkins Jones (NC) Regula Watts (OK) the table. b 1308 Kasich Reynolds Weldon (FL) PERSONAL EXPLANATION Messrs. BISHOP, HOEFFEL and Kelly Riley Weldon (PA) King (NY) Roemer Weller Mr. GOODLING. Mr. Speaker, regrettably I PAYNE changed their vote from ‘‘yea’’ Kingston Rogan Whitfield was unavoidably detained for rollcall votes 45 to ‘‘nay.’’ Knollenberg Rogers Wicker and 46. Had I been present, I would have So the previous question was ordered. Kolbe Rohrabacher Wilson voted ‘‘yes’’ on both rollcall votes. The result of the vote was announced Kuykendall Ros-Lehtinen Wolf LaHood Roukema Young (AK) The SPEAKER pro tempore (Mr. as above recorded. Largent Royce Young (FL) BURR of North Carolina). Pursuant to The SPEAKER pro tempore (Mr. House Resolution 103 and rule XVIII, BURR of North Carolina). The question NOES—201 the Chair declares the House in the is on the resolution. Abercrombie Davis (IL) Jefferson Committee of the Whole House on the The question was taken; and the Ackerman DeFazio Johnson, E. B. State of the Union for the consider- Allen DeGette Jones (OH) Speaker pro tempore announced that Andrews DeLauro Kanjorski ation of the concurrent resolution, the ayes appeared to have it. Baird Deutsch Kaptur House Concurrent Resolution 42. RECORDED VOTE Baldacci Dicks Kennedy Baldwin Dingell Kildee b 1322 Mr. HALL of Ohio. Mr. Speaker, I de- Barcia Dixon Kilpatrick mand a recorded vote. Barrett (WI) Doggett Kind (WI) IN THE COMMITTEE OF THE WHOLE A recorded vote was ordered. Bentsen Dooley Kleczka Accordingly, the House resolved Berkley Doyle Klink itself into the Committee of the Whole The SPEAKER pro tempore. This is a Berman Edwards Kucinich 5-minute vote. Berry Engel LaFalce House on the State of the Union for the The vote was taken by electronic de- Bishop Eshoo Lampson consideration of the concurrent resolu- vice, and there were—ayes 218, noes 201, Blagojevich Etheridge Lantos tion (H. Con. Res. 42) regarding the use Blumenauer Evans Larson not voting 15, as follows: Bonior Farr Lee of United States Armed Forces as part [Roll No. 46] Borski Fattah Levin of a NATO peacekeeping operation im- Boswell Filner Lewis (GA) AYES—218 plementing a Kosovo peace agreement, Boucher Ford Lipinski with Mr. THORNBERRY in the chair. Aderholt Burr Cubin Boyd Gejdenson Lofgren Armey Burton Cunningham Brady (PA) Gephardt Lowey The Clerk read the title of the con- Bachus Buyer Davis (VA) Brown (CA) Gonzalez Lucas (KY) current resolution. Baker Callahan Deal Brown (FL) Gordon Luther The CHAIRMAN. Pursuant to the Ballenger Calvert DeLay Brown (OH) Green (TX) Maloney (CT) Barr Camp DeMint Capuano Gutierrez Maloney (NY) rule, the concurrent resolution is con- Barrett (NE) Campbell Diaz-Balart Cardin Hall (OH) Markey sidered as having been read the first Barton Canady Dickey Carson Hastings (FL) Martinez time. Bass Cannon Doolittle Clay Hill (IN) Mascara Under the rule, the gentleman from Bateman Castle Dreier Clayton Hilliard Matsui Bereuter Chabot Duncan Clement Hinchey McCarthy (MO) New York (Mr. GILMAN) and the gen- Biggert Chambliss Dunn Clyburn Hinojosa McCarthy (NY) tleman from Connecticut (Mr. GEJDEN- Bilirakis Chenoweth Ehlers Condit Hoeffel McDermott SON) will each control 1 hour. Bliley Coble Ehrlich Conyers Holden McGovern Blunt Coburn Emerson Costello Holt McIntyre The Chair recognizes the gentleman Boehlert Collins English Coyne Hooley McKinney from New York (Mr. GILMAN). Boehner Combest Everett Cramer Hoyer McNulty Mr. GILMAN. Mr. Chairman, I yield Bonilla Cook Ewing Crowley Inslee Meehan myself such time as I may consume. Bono Cooksey Fletcher Cummings Jackson (IL) Meek (FL) Brady (TX) Cox Foley Danner Jackson-Lee Meeks (NY) Mr. Chairman, I rise today to begin Bryant Crane Forbes Davis (FL) (TX) Menendez this historic debate on H. Con. Res. 42.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 4276 CONGRESSIONAL RECORD—HOUSE March 11, 1999 The purpose of this resolution, which I must recognize, also, the proportion of would either approve them or reject introduced at the Speaker’s request, is the burden that we will be accepting in them before the ink was even on the to afford an opportunity for the House sending our troops to Kosovo. Out of page. to participate in a decision whether or some 30,000 total troops that are ex- b 1330 not to deploy our armed forces to pected to guarantee the peace, our Kosovo to implement the peace agree- share will be only 15 percent. The Euro- But we are here now, and we have taken this fateful step. The lives of ment now being negotiated at Ram- peans will be doing the rest, and I men, women and children in the region bouillet, France. The Congress has not think it is a fair distribution if the will depend on the actions we take, and only a right but a constitutional re- United States wants to continue to be again I would like to briefly review a sponsibility with respect to deploy- considered the leader in the NATO alli- little history. ments of our armed forces into poten- ance. A previous administration said this I would also point out that today’s tially hostile situations and, along was a European problem, let the Euro- with the Speaker, I believe that debat- debate is not the last we will have re- peans solve it. Over 200,000 men, women ing and voting on this resolution is an garding the U.S. role in Kosovo. There and children died, entire villages were appropriate way for the Congress to will be ample opportunities as events exterminated, a level of atrocity not begin to carry out this responsibility. unfold in Kosovo for Members to intro- seen since World War II or Cambodia Some Members of Congress have seri- duce, to debate and to vote on meas- occurred in the heart of Europe. ous reservations about deploying U.S. ures regarding what the U.S. is doing When the committee called in wit- Armed Forces to Kosovo as peace- and not doing in Kosovo. We need, how- nesses, they brought in the majority’s keepers. Others strongly support the ever, to start this debate today and to best: Senator Dole, who deserves great President’s policy. In an effort to give demonstrate that the Congress is in- credit for actually going to the region the benefit of the doubt to our Presi- volved, that it should be involved, and on behalf of the administration to try dent, the text of this resolution does that it can be involved responsibly in to argue for the peace plan. Senator not criticize or oppose the proposed de- foreign policy questions of this nature. Dole testified that if we fail to act ployment to Kosovo. To the contrary, Mr. Chairman, in our committee’s today, it will be likely that we will fail it states that ‘‘the President is author- hearings yesterday, we were also privi- to achieve peace. He wanted to put this ized to deploy United States armed leged to have Ambassador Jeane Kirk- vote off, but he said: forces personnel to Kosovo as part of a patrick provide some of her acumen on ‘‘If you have this vote, make sure NATO peacekeeping operation imple- complex foreign policy questions such you pass it, because if you do not pass menting a Kosovo peace agreement.’’ as Kosovo. Ambassador Kirkpatrick it, you will undermine the possibility The Speaker has stressed that this pointed out that there is a risk in not of peace in the region.’’ resolution is being offered without paying attention to violence because it Ambassador Kirkpatrick said the prejudice to the underlying question. may seem to be disorganized, or its same thing. We expect Members to vote their con- proponents remote or poorly armed. The only witness brought forth that science on the resolution, in the sol- Ambassador Kirkpatrick went on to day to argue the opposite proposition emn exercise of their responsibility as state that ‘‘violence can spread, not was former Secretary of State Henry elected representatives of the Amer- like dominoes but like putty because Kissinger, and even he said that he ican people. No one can deny that the we don’t think that it is dangerous.’’ would be very careful to take his pre- debate now under way in this House is This was the attitude of European na- vious editorial comments as an excuse one of the most weighty questions a tions when Hitler moved into the to vote against this resolution. Even he Congress can face: sending into harm’s Rhineland. If the conditions are appro- understood the importance of not un- way, on foreign soil, our uniformed per- priate and there are no hostilities, I am dermining our negotiators as they try sonnel who volunteered to be part of inclined to support the deployment of to achieve the goal to stop murder in our Nation’s military. our forces to Kosovo. I will vote for the region. The administration has asserted that this measure in its present form in This is not a question about whether it believes it has the authority to send order to preserve human life. I am con- we trust the President or we trust the Secretary of State’s agreement. We do U.S. troops to Kosovo to enforce a fident that this House over the next not have an agreement before us. peace plan without congressional ap- several hours will conduct a debate So I would hope we would accept proval. There are many in the House that will be remembered as one of the some amendments that give the Con- who disagree. Regardless of where our higher points of this 106th Congress, gress time to reflect but that support individual Members may stand on the where our Members do the work that the policy that we have initiated, that role of the Congress in the deployment they have been entrusted to do by the we continue to support America’s of our armed forces on foreign soil to American people. Accordingly, Mr. power to save lives and bring peace to undertake risky missions, it is undeni- Chairman, I ask that each one of our this region of the world. able that the President’s hand will be colleagues follow the debate closely Mr. Chairman, I reserve the balance strengthened when he seeks and ob- and vote their conscience on this meas- of my time. tains the assent of the Congress. ure. Mr. GILMAN. Mr. Chairman, I yield 3 There are two observations on this Mr. Chairman, I reserve the balance minutes to the gentleman from Vir- prospective deployment, and I stress of my time. ginia (Mr. WOLF). that we are debating this issue before Mr. GEJDENSON. Mr. Chairman, I Mr. WOLF. Mr. Chairman, I was in it is fully developed in order to have a yield myself such time as I may con- Kosovo 2 weeks ago. It was my second meaningful debate. First, this resolu- sume. As I said earlier, I do not think trip there since 1995. I rise in support of tion is an authorization if the condi- we should be here today. As a general the resolution. I will stipulate the ad- tions are appropriate, that is, if and practice, I think the Congress ought to ministration has not done a good job only if, hostilities have ceased and if execute its authority based on a con- on educating and conferring with the there is an agreement that has been ac- cluded agreement, not taking action Congress, nor has it done a good job of cepted by both sides. prior to having any understanding telling the American people what the And, second, as Senator Bob Dole what the parameters of the agreement mission is. However, if there is an told our Committee on International will be in that region or anywhere else. agreement in France, I support the de- Relations yesterday, ‘‘If we’re not part It would be akin to voting on treaties ployment of American troops because I of this agreement, there will not be an before they were drafted. If the leader- believe without U.S. participation it agreement.’’ Senator Dole’s point is ship of this body were running the Sen- will not work. that the Albanians of Kosovo believe ate, I imagine the next time we had a I spoke to one person over there. I that our Nation has to be present for nuclear missile proliferation treaty or said, ‘‘How many American soldiers do them to accept the peace plan. We other arms control treaty, the Senate you need?’’

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4277 He said, ‘‘At least one, and he has to into harm’s way and the people deserve to a larger military force to face the tasks they be out in front because without Amer- know ‘‘why.’’ have been given) and we are not giving our ica’s involvement it will not take Two weeks ago I visited Kosovo to get a first class military men and women the tools place.’’ first-hand glimpse into the current conflict. I they need to do the job. Two hundred thousand people died in met with representatives of the Kosovo Libera- I want to emphasize that there are no better Bosnia. Were it not for the Sarajevo tion Army (KLA/UCK), Serb government offi- soldiers anywhere in the world and the morale market slaughter, we would not have cials, NGO representatives and U.S. Ambas- of our troops is high. But they are not being gotten involved then, and since our sador William Walker, the head of the Organi- treated fairly. participation nobody has died and it is zation on Security and Cooperation in Europe If the troops are to be deployed to Kosovo, working. (OSCE) mission in Pristina. I also had the we must give them strong political leadership This is the 50th anniversary of NATO. chance to talk to members of the KLA army, and a clear mission. We also must be sure NATO leaders from all the world will many of them everyday people, farmers, that Americans soldiers, airmen, seamen and come here to celebrate the working of storekeepers, workers and such who were marines are given the resources they need to NATO, and how can they celebrate the driven to the KLA by the constant, brutal ac- carry out their ever increasing number of mis- working of NATO if NATO forces go tion of the Serbs. sions around the world. It’s not enough to into Kosovo if there is an agreement I am submitting a copy of my trip report for pass a resolution. Congress must ensure that and the Americans do not participate the CONGRESSIONAL RECORD. It contains my the resources available for the American mili- in it? observations and recommendations regarding tary are there for them to carry out the grow- George Will wrote in Newsweek the Kosovo conflict. ing number of missions the military is being where he said: I have concluded that if there is a signed called upon to carry out. If NATO cannot stop massacres in the cen- peace agreement in Rambouillet, it will be We also must do more than we have done ter of Europe, it cannot long continue as an necessary to commit troops to the Kosovo in Bosnia to build a lasting peace. While our instrument of collective security against peace effort. It is only with the greatest reluc- military effort in Bosnia has been successful, Wye. Given how well things have gone in the tance that I support the deployment of Amer- thanks to the commitment and skill of Amer- last 50 years on the continent, wherein the ican troops, the civilian side of the effort has preceding 35 years things went wrong at such ican troops abroad, but I believe that without U.S. troops, peacekeeping won’t work. The fallen far short. We have failed so far to bring cost in American blood and treasure, do about reconciliation among the ethnic factions. Americans want the risk, arising tide of an- U.S. is both the leader of the world and of archy? NATO. If NATO is involved, we must be part An interdependent society enhanced by an ef- fective marketplace and economic trade sys- It is important, if there is going to be of the effort or it will not succeed. tem has not gotten off the ground. For exam- a NATO, and what we are voting on This year is the 50th anniversary of NATO. ple, three years after the Dayton accord, the today is not only troops with regard to The anniversary will be celebrated with events railroad in Bosnia does not yet operate. Kosovo if there is an agreement, we are in Washington and elsewhere in the United States. Kosovo will be a big test for this impor- We must learn lessons from Bosnia and in essence today, whether we like it or help create a working regional government in not, voting on the vitality and the fu- tant alliance. The U.S. has always been the leader of NATO and we should not shy away Kosovo that effectively represents and is ac- ture of NATO. countable to the people and contributes to the In closing, if there is a lasting peace from our commitment now. If we refuse to be- creation of a viable economy. We also must though in this region, it is important come part of the NATO effort in Kosovo, it ensure that a new Kosovo government has ef- that we do everything we can to see could only further embolden Serb President fective civilian oversight over the military and that President Milosevic is removed Slobodan Milosevic and dim the prospects for that KLA forces are disarmed and brought from power. A just and permanent way reaching a lasting, peaceful settlement. The under civilian command. Without strong civil- for him to step down must be found. fighting will continue and more people, includ- ing many women and children, will lose their ian control, the KLA could get out of hand. The longer he remains, the longer the Most importantly, lasting peace may not lives. I agree with the words of Bob Kagan in turmoil and unrest and killing will occur in the Balkans while Serbian President the Weekly Standard of March 1, 1999. He continue in Eastern Europe. Slobodan Milesovic is in power. A just and It is not an easy vote, but in the says the practical effect of opposing U.S. in- permanent way for him to step down must be Bible in Luke it says to whom much is volvement ‘‘would be to reinforce Milosevic’s found. The longer he remains, the longer tur- given much is expected, and in one conviction that NATO, and particularly the moil, unrest and killing will continue in eastern verse it says to whom much is given United States, does not have the stomach to Europe. much is required. We have been blessed take him on.’’ It is never an easy decision for a Member George Will wrote in Newsweek on March in this country with peace and pros- of Congress to decide to vote in favor of send- 1, ‘‘. . . if NATO cannot stop massacres in perity. NATO has been a success, NATO ing American men and women into a possibly the center of Europe, it cannot long continue has worked, NATO is important, and dangerous situation. I believe, however, that as an instrument of collective security against with the 50th anniversary coming up to once a peace agreement is reached—if it is . . . what? Given how well things have gone say that NATO will participate in reached—deploying NATO troops to the re- in the last 50 years on the continent where in Kosovo if there is an agreement, and I gion to keep the peace, prevent the conflict the preceding 35 years things went so wrong, stipulate, but the United States will from spreading and prevent destabilizing ref- at such cost in American blood and treasure, not participate, will basically be the ugee outflows into neighboring countries is the do Americans want to risk a rising tide of an- first nail in the coffin in the death of only way to ensure stability in Europe. Stability archy?’’ I agree with his thoughts. NATO. in Europe is in the best interest of the United So with great reluctance stipulating However, I do not believe the Clinton ad- States. the administration has not treated our ministration has made a credible case for U.S. STATEMENT BY U.S. REPRESENTATIVE FRANK involvement in Kosovo to the American people troops fairly with regard to benefits R. WOLF, REPORT OF A VISIT TO THE BAL- and pay and they have been weakened, nor do I believe that this administration has KANS KOSOVO: THE LATEST BALKAN HOT and also they have not made the case, done a good job taking care of our men and SPOT, FEBRUARY 13–18, 1999 I support the resolution. women in uniform who, at personal risk, have This report provides details of my trip to Al- Mr. Chairman, I rise in support of H. Con. been carrying out our policy in Bosnia, in Iraq, bania, Macedonia and Kosovo during mid- Res. 42, a resolution authorizing the deploy- in Haiti, in South Korea, on our high seas and February, 1999. This visit occurred during ment of U.S. troops to Kosovo. I support the ‘‘wherever the U.S.’’ needs its strength. We the time the Serb-Kosovo Albanian peace resolution, although imperfect, in its current have drawndown troops to a level now insuffi- conference was taking place in Rambouillet, form. I do so reluctantly. I do not believe cient to meet today’s needs. Many troops go France, and ended only a few days before the contact group’s initially imposed deadline to President Clinton has made a credible case to from one deployment to another without time reach agreement of February 20. There is the American people or to the Congress about to be home with their families. U.S. troops are every indication that the U.S. will be con- the need for this deployment. I urge him to do stretched too thin and are not being treated cerned with Kosovo for some time to come so and do so quickly. We will, after all, be fairly. Pay and allowances are inadequate, the and it was important to have a clear, first- sending America’s young men and women tempo of operations is too high (we just need hand view of conditions there.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 4278 CONGRESSIONAL RECORD—HOUSE March 11, 1999 I have, for many years, had a deep interest place, particularly in villages and smaller led Kosovo government. Another is the eco- in the Balkans and concern for the people towns. nomic potential of a stand-alone Kosovo, free who live there. I have traveled numerous In 1996 the shadowy, separatist Kosovo Lib- from Serbia. Also important is what will be times to the region. There has been hos- eration Army (KLA) surfaced for the first the future of the KLA? Will they give up tility, unrest and turmoil for hundreds of time, claiming responsibility for bombings their arms? Many in the KLA say ‘‘no’’. years. It has been said that there is too much in southern Yugoslavia. KLA efforts intensi- Could an independent Kosovo make it on its history for these small countries to bear. If fied over the next several years, government own? Political ability has not been dem- this is so, it has never been more true than officials and alleged ethnic Albanian collabo- onstrated. Economic development help from today. rators were killed. The Serbian government the private sector in the West may not be During this trip, I spent one day in Tirana, cracked down and violence has escalated immediately forthcoming. How would they Albania, where I met with the U.S. Ambas- since. be propped up? How will long term cross bor- sador Marissa Lino and her embassy staff; I met with a number of KLA members. der hatred between Serbs and ethnic Alba- Albanian President Meidani; Prime Minister Most of them are everyday people, farmers, nians be kept in check? Who is going to foot Majko; cabinet ministers; the Speaker and storekeepers, workers and such who were the bill for all this? European nations? other members of parliament; religious lead- driven to the KLA by the constant brutal ac- How and by whom will the issue of war ers, and heads of Non-Government Organiza- tion of the Serbs. There are, no doubt, some crimes be addressed? A terrible job on this tions (NGOs) active there. bad people in the KLA including thugs, gang- issue has been done in Bosnia. Known war I spent parts of two days in Skopje, Mac- sters and smugglers, but most are motivated criminals have not been pursued after more edonia, where I met with embassy Deputy by a hunger for independence. Still, it must than three years. Reconciliation is an impor- Chief of Mission and Charge d’affaires Paul be recognized that some acts of terrorism tant ingredient to lasting peace but terrible Jones; Political Officer Charles Stonecipher; have been committed by the KLA. acts have been committed and justice must members of the Macedonian parliament; Conditions in Kosovo continued to deterio- be served. The principal perpetrator of injus- former Prime Minister and President of the rate and alarm the international commu- tice and brutality has been Serbian Presi- Social Democratic Union (opposition polit- nity. In October 1998, under threat of NATO dent Slobodan Milosevic. What about him? The White House and the present adminis- ical party) Branko Crvenkovski; American air strikes, Serbian President Milosevic tration are deserving of some sharp criticism soliders assigned to United Nations forces made commitments to implement terms of for allowing conditions to get where they are guarding the Macedonia-Kosovo border, and U.N. Security Council Resolution 1199 to end today. the commander and men of the NATO violence in Kosovo, partially withdraw Ser- There appear to be few lessons this admin- Kosovo verification and extraction forces as bian forces, open access to humanitarian re- istration has learned from the painful expe- well as representatives of NGOs in Mac- lief organizations (NGOs), cooperate with rience of Bosnia. Our government waited too edonia. war crimes investigators and progress to- long to get involved and, once engaged, has In Kosovo for a day and a half, I met with ward a political settlement. been somewhat ineffective. Too many died in head of mission Ambassador William Walker As part of this commitment, in order to Bosnia during this delay. While committing and senior adviser to ethnic Albanian elected verify compliance, President Milosevic troops to the region for one year (now over President Ibrahim Rugova, Professor Alush agreed to an on-scene verification mission by three years with no end in sight) has indeed Gashi. I also met with Kosovo Liberation the Organization for Security and Coopera- halted killing, at least temporarily, Bosnia Army (KLA/UCK) spokesman Adem Demaci tion in Europe (OSCE) and NATO surveil- is no further along toward peaceful self suffi- (who previously spent 26 years in Serb pris- lance of Kosovo by non-combatant aircraft. ciency than when troops arrive. Rather, it is ons) and senior Serbian representative in These activities are in progress and NATO as though there is merely a pause in time. If Kosovo, Zoran Andelkovic. Other meetings has deployed a small extraction force in next our troops leave, hostility and brutality included NGO representatives, head of the door Macedonia. I visited with each of these would likely resume. Little infrastructure is Kosovo office of the U.N. High Commissioner groups. being created. Railroads are not running. for Refugees (UNHCR), and other officials However, conditions in Kosovo have not Little economic development or growth is and representatives. Our understanding and stabilized and more have been killed. Fi- emerging. No lasting plan for peace has been most able escort was State Department For- nally, a contact group with members from developed and no interdependent community eign Service Officer Ronald Capps. We also the U.S., Great Britain, France, Russia, Italy has been created which would make undesir- stopped at a Serb police barracks and met and Germany issued an ultimatum to the able, a return to conflict. Little has been with the officer in charge. We met individual sides to reach a peace accord by February 20, done to bring about reconciliation. members of the KLA and with a number of 1999. NATO air strikes against targets in Ser- Meanwhile, as we look at our overall U.S. individual Kosovars who had returned to bia were threatened if Belgrade did not com- military capabilities throughout the world, their villages after having been driven out by ply. we see that this administration has drawn Serb attacks. Some villages were largely de- The Serbs consider Kosovo the cradle of down U.S. military strength to the level stroyed and remain mostly deserted. their culture and their orthodox religion and where there are now insufficient forces to The fate of Albania, Macedonia and are not willing to give it up. I visited the meet today’s needs. When I met with our sol- Kosovo, which border one another, is inter- Field of Blackbirds where the Serbs battled diers in the Balkan region I found many who related. Albania has a population of about for and lost control of the region in 1389. I have gone from one deployment to another two million people. Macedonia’s population also visited a Monastery dating back to 1535 without time to be home with their families. of two million includes about one third eth- that is an important part of Serb history. The troopers I met on the Kosovo border are nic Albanian. About 90 percent of the nearly The Clinton administration, which does assigned to a battalion on its third deploy- two million people in Kosovo are also ethnic not favor independence for Kosovo, worries ment in three years. Albanian. this conflict could spread if NATO does not There are no better soldiers anywhere in Kosovo is the southernmost province of intervene and could even involve Turkey, the world than these and their morale is present-day Serbia and has a centuries long Bulgaria, Albania and Greece. While this is high. They are ready to do what is expected history of conflict, turbulence and hatred. of concern, there are other reasons for the of them and more. But they are not being By 1987 Serbian dominance in the region had U.S. to remain active. The U.S. can never treated fairly. Pay and benefits have been al- been established, Slobodan Milosevic was stand by and allow genocide to take place. lowed to deteriorate. The tempo of oper- President and ethnic Albanian participation Part of the effort, once a peace agreement ations has grown to the point where they in government was virtually nonexistent. between the Serbs and ethnic Albanians has have too little time at home. There are just In response, ethnic Albanians in 1991 been signed, could include a NATO ground not sufficient forces to do all the things they formed a shadow government complete with force in Kosovo containing a contingent of are expected to do. According to the Feb- president, parliament, tax system and U.S. troops. ruary 17, Washington Post, the Secretary of schools. Ibrahim Rugova was elected presi- It is clear that a main pipeline for arms the Army’s answer is to lower standards and dent and has since worked for Kosovo inde- reaching ethnic Albanians in Kosovo is recruit high school drop-outs. Turning his pendence through peaceful means. across the Albania-Kosovo border and any back on history, this official has unwisely By the mid-1990, the ethnic Albanian popu- stabilization effort will likely include shut- decided upon another social experiment lation in Kosovo had grown to nearly 90 per- ting off this arms route. It has been sug- rather than dealing fairly with the shortfall. cent as human rights conditions continued gested that an effective arms blockade could From 1990 to 1998 the armed forces went to go down hill with the Serbs in total con- be accomplished by the Italian government from 18 active army divisions to eight. The trol of police and the army. Many, if not from the Albanian side of the border with navy battle force went from 546 ships to 346. most, individual Serbs also have weapons as Kosovo. Air force fighter wings decreased from 36 to opposed to ethnic Albanians for whom pos- A number of issues must be addressed be- 30. Discretionary defense budget outlays will sessing a gun is against strictly enforced fore the outcome of this conflict can be pre- decrease 31 percent in the ten years begin- law. Beatings, harassment and brutality to- dicted. Principal among these is the likely ning 1990. Service chiefs predict FY 1999 am- ward ethnic Albanians became common- strength and stability of an ethnic Albanian munition shortages for the army of $1.7B and

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4279 $193M for the marines. These statistics are been given) and we are not giving our first whom much is given, much is expected and just the tip of the iceberg. There is compel- class military men and women the tools they there is an obligation on our part to be a par- ling evidence that, in the face of a huge in- need to do the job. The administration needs ticipant in the search for solutions in this crease in troop deployments (26 group de- to take better care of our soldiers, sailors, troubled spot. ployments between 1991 and 1998 by the marines and airmen. Congress should force 11. I would like to conclude on a personal Army’s own count), this administration has this issue. note to thank all of those who assisted me not made the investment to give our fighting 4. Special attention must be paid to the on this mission. I am especially grateful to men and women the tools to do the job asked Kosovo Liberation Army (KLA). While many, U.S. Ambassador Marisa Lino and her staff, of them. perhaps most, are common people whose in- foreign service officer Charles Stonecipher The fact that the men and women in uni- terest is defending their families, their who assisted me in Macedonia, foreign serv- form are bending to their task is to their homes and themselves, the army is not with- ice officer Ron Capps whose knowledge and credit, but it is past time to give them what out a rogue element. There is no clearly es- concern was of great help in Kosovo and U.S. they need and stop driving them into the tablished and proven civilian government Army Lieutenant Colonel Mike Prendergast ground. The White House must face up to and there is no line of authority/responsi- who traveled with me. I appreciate their in- this shortfall and address the issue of where bility between the KLA and a representative valuable assistance. the money to pay for our involvement is to government. Without control, the KLA could Mr. CROWLEY. Mr. Chairman, I come from. They have not yet done so and get out of hand. yield 3 minutes to the gentleman from time is short. 5. When peacekeepers arrive in Kosovo, one Washington (Mr. BAIRD). A strong NATO involvement, with solid of their first tasks must be to disarm the Mr. BAIRD. Mr. Chairman, I thank U.S. participation, will be an important part KLA. Many in the KLA have said they will the gentleman from New York for of any workable solution to this mess. There not give up their weapons. An armed KLA yielding this time to me. I am speaking is a story making the rounds of NATO forces will be a time bomb in the way of progress to my colleagues today on a matter of where an American general, about to depart toward peace. Providing safeguards for Serbs deep personal importance to me. For 3 the region asks his NATO counterpart how in Kosovo is an important part of the peace many U.S. troops must remain to ensure process. years my family and I hosted a young safety and success of the mission. The NATO 6. Efforts thus far to build a lasting peace Bosnian student. His name is Namik, commander responds, ‘‘Only one, but he in Bosnia have come up short. Not only must and when he was 14 years old he was must be at the very front’’. This is only a more be done there but the lessons learned running through his village when a story told in good humor but it makes the must be applied to Kosovo. The military Serbian mortar shell landed next to point that U.S. presence is key—perhaps presence in Bosnia has done the job of ending him and blew his left leg off just below vital. killing and brutality as it likely will in the hip. For 3 years I worked with It is not without irony that the one key Kosovo, but the peace-building effort of rec- Namik, kept him in our home as my player omitted from the contact group meet- onciliation and creating an interdependent ings in France is a NATO representative. The own son taught him to climb and to society and effective marketplace and eco- kayak so that he could have a normal irony deepens when the presence on the con- nomic trade system has not gotten off the tact group of chronic problem-makes Russia ground. life. But for 3 years I helped him deal and France is noted. 7. Lasting peace in the Balkans will not with what it is like to be a young man Frankly, the U.S. Congress has also had occur while Serbian President Slobodan who has lost a leg in a war that was too little involvement in this Balkan proc- Milosevic is in power. A just and permanent not his fault. ess. The administration has done and con- way for him to step down must be found. The When we talk about this issue, Mr. tinues to do a poor job in dealing with these longer he remains, the longer turmoil, un- Chairman, we are talking about human issues. Consultation with the Congress does rest and killing will continue in eastern Eu- lives, we are talking about NATO, and not appear to have been a major concern to rope. we are talking about standing up to the White House. While foreign policy is 8. American and other workers and offi- genocide and standing up to tyranny. largely the prerogative of the President, cials of all nations present in Kosovo (dip- American lives are being placed at risk in a Mr. Milosevic is a sociopath. He is lomats, United Nations, NGOs, contract bloodthirsty, he does not respect basic far-off land and untold dollars are being workers, humanitarian care-givers and oth- committed to this effort. Congress has a role ers) are true heros. They risk their lives tenets of human dignity and morality. and must participate in this debate. Congres- daily to make life a little better for the peo- If a sociopath were holding hostages, sional hearings to explore all aspects of this ple in Kosovo and we should all pray for and he had a police scanner and heard situation are in order. them. I happened to see a warning sign post- that the police were debating about CONCLUSIONS AND RECOMMENDATIONS: ed in a U.N. office talking about mines. In whether or not to send in officers to 1. If there is a signed peace agreement in part, it said, ‘‘There is strong evidence to put a stop to what he was trying to do, Rambouillet, it could be necessary to com- suggest some police posts have had anti-per- we know what would happen to those mit U.S. troops to the Kosovo peace effort. I sonnel mines placed near them.... All staff hostages: they would be killed. Mr. make this recommendation with reluctance are asked to be extremely cautious when in Milosevic has got to be stopped. the vicinity . . .’’ Yet these men and women but, without U.S. troops, peacekeeping won’t I urge my colleagues for the sake of work. The U.S. is both the leader of the go about their daily duties with dedication world and of NATO. If NATO is involved, we and care for others in spite of the harm that Namik, for the sake of the future of must be a part of the effort or it will fail. is just a step away. NATO, for the sake of the future of our NATO’s 50th anniversary is later this spring 9. The foreign policy of this administration country and for the sake of stability in and there will be a large celebration in the continues to come up short and is deserving Europe and peace internationally, U.S. Kosovo will be a big test for this impor- of sharp criticism. America is the one re- please pass this resolution. Do not un- tant alliance. maining superpower and, like it or not, must dermine the President at this time, do 2. There are many differences between the assume this responsibility. Unfolding events not allow the killing to continue in the situation existing several years ago in Bos- continue to point to the absence of a coher- Balkans. nia and what is happening today in Kosovo. ent idea of what to do and how to do it. Mr. GILMAN. Mr. Chairman, I thank While we should have already developed a Still, thousands died in Bosnia including too the gentleman from Washington for his many women and children before NATO peace-making strategy and an exit strategy, troops including a large contingent of U.S. the participants at Rambouillet remain un- support for this resolution. soldiers moved in and put an end to the kill- able to even get things started. Mr. Chairman, I yield 3 minutes to ing. Had not NATO peacekeepers acted over 10. President Clinton has done a poor job of the gentlewoman from New York (Mrs. three years ago, the killing might still be making the case to the American people for KELLY). going on today. Without the commitment of U.S. involvement in this conflict which also Mrs. KELLY. Mr. Chairman, I rise in U.S. troops, a NATO peacekeeping interven- has a significant moral aspect to it. While strong support of H.Con.Res. 42, a reso- tion might not even have been attempted. the U.S. cannot be involved all over the lution which supports the deployment We may wish this were not so, but it is. Per- world, we are a member of NATO which deals of U.S. troops in support of a NATO haps things can change in the future but this with peace and stability in Europe. Kosovo is peacekeeping effort in Kosovo. The rea- is today’s reality. a part of Europe and its destabilization could 3. U.S. troops are stretched too thin and create a huge refugee population there. son we need to support this legislation are not being treated fairly. Pay and allow- Fighting could even break out elsewhere if today and the reason why we should re- ances are inadequate, the tempo of oper- this issue is not dealt with early and effec- sist weakening amendments is the sim- ations is far too high (we just need a larger tively. America has been blessed with peace ple fact that NATO peacekeepers, sup- military force to face the tasks they have and prosperity. In the Bible, it says that to ported by U.S. troops, represent our

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 4280 CONGRESSIONAL RECORD—HOUSE March 11, 1999 last and best chance for a workable critical juncture in the negotiations se- leave military service, they will choose peace in this very troubled land. riously undermines our ability to nego- their family quality of life and their I would also add that if we are to tiate a settlement and place directly career over serving their country. A maintain any credibility within NATO, into the hands of Mr. Milosevic. We Kosovo peacekeeping mission will we have an obligation to support this must, as a Congress, show that we are place a heavy burden on America’s vital peacekeeping mission. committed to peace in the former Armed Forces and compromise their Mr. Chairman, I visited the former Yugoslavia and working with our allies readiness levels, the quality of life of Yugoslavia on two separate occasions in NATO towards that common goal. their families and the national security in recent years, and I have had the op- Mr. Chairman, I urge my colleagues of the United States. We cannot and portunity to visit Rambouillet re- to support this resolution. must not continue to ask our military cently, to observe the peace talks first- Mr. GILMAN. Mr. Chairman, I yield to do more with less. hand and to talk with the participants. 21⁄2 minutes to the gentleman from Mr. Chairman, before the administra- Let me be very clear about this. I be- Kansas (Mr. RYUN). tion decides to deploy troops to lieve the only peace that will occur in Mr. RYUN of Kansas. Mr. Chairman, Kosovo, I ask that they lay out their Kosovo is one that is enforced by the United States Armed Forces are plan and details to Congress. NATO. Serbian strong man Slobodan being stretched too thin. They have Mr. Chairman, before the Administration de- Milosevic has shown us time and time been asked to take on peacekeeping cides to deploy troops to Kosovo, I ask that again that he does not recognize inter- missions in Somalia, Haiti, Bosnia and they lay out their plan in detail to Congress. national law, he does not respond to now possibly Kosovo. President Clinton The administration should not be able to put international appeals for peace, and told Congress and the Nation that the the men and women of our armed forces in the experience has demonstrated that United States deployment to Bosnia in harm’s way without explaining their reasons he does not always respect prior peace 1995 would be over in 1 year. However, for doing so. agreements. What he does respect and the mission in Bosnia has continued for Mr. CROWLEY. Mr. Chairman, I what he does respond to is the very 4 years with no strategic exit plan in yield 2 minutes to the gentleman from real threat of force. sight and, at a cost to the United Florida (Mr. HASTINGS). NATO peacekeepers are the only States at $10 billion, not only are their Mr. HASTINGS of Florida. Mr. Chair- safeguard that will put a stop to the peacekeeping missions costly, but they man, I rise today in support of H. Con. killing in Kosovo and the only thing are degrading to the overall readiness Res. 42, legislation to authorize U.S. that will prevent further violence down of our fighting forces. involvement in peacekeeping actions in the road. Mr. Chairman, 2,200 troops from the Kosovo. I cannot over emphasize how sen- 24th Marine expeditionary unit cur- This debate is about how we see our sitive the point at which we now find rently stationed aboard the Navy ships role in the world. Do we want to be in- ourselves in these negotiations is and in the Mediterranean will be part of volved? Do we want to be an active that the failure of this resolution the initial force moving into Kosovo as part of the NATO alliance? Do we want would deal a potentially fatal blow to soon as an agreement is reached be- to export our values of democracy? Do the peace effort. Indications are that tween ethnic Albanians and the Ser- we want to be in a position to influence absent a peace agreement both sides bian government. However that unit is world events? Because, if we do, we are preparing for a major escalation of headed into its final month of a 6- have to be active even when the direct fighting in the spring, and as always in month deployment and scheduled to be benefit to the United States is difficult this case, it will be the innocent civil- home in North Carolina by May 1. To to discern and most certainly when we ians who are once again suffering the be home by that time the unit will can discern that genocide may occur. horrifying consequences. have to leave Kosovo no later than mid b 1345 Mr. Chairman, a considerable amount April. of time and effort has been put into Mr. Chairman, that leaves the admin- A secure and stable Europe is of this peace effort, and the stakes could istration with limited options, the great concern to the United States. We not be higher. Success means an end to most prominent one being extending have fought two major wars of this the fighting, an end to the killing and the length of the unit’s deployment. century, both on the continent of Eu- an end to the destruction of entire vil- How long will this unit be there? How rope and both because Europe was com- lages and towns. much longer will they be away from pletely destabilized by tyrannical des- Ultimately we have all witnessed on their families and beyond their ex- pots and weak economies. the evening news the price that failure pected 6-month deployment? If we weaken the contact group alli- has brought to the people of Kosovo. Mr. Chairman, for America’s Armed ance that has worked on this matter, Thousands have been killed, and tens Forces to sustain this administration’s as well as NATO, the Organization for of thousands turned into homeless ref- peacekeeping pace the forces must be Security and Cooperation in Europe, ugees. augmented by an increased amount of efforts on the ground, by defeating this Peace is at hand if we have the wis- part-time Reserve and National Guard resolution, it will surely stoke the fires dom and the courage to see this personnel. Not only are Reserve and of instability in Europe. through. National Guard personnel being forced If our allies cannot count on us, they I strongly urge my colleagues to send to leave their families more often, but will surely stop looking to us for lead- a message to both sides that the United they are also being asked to increase ership and our influence will wane. States is committed to the peace proc- the amount of time and technical I talked to a colleague of mine in the ess and, with that message, the assur- knowledge taken away from their ca- Organization of Security and Coopera- ance that we will stand by our commit- reers here in the United States. These tion in Europe, who is the Chair of the ments to NATO. military personnel are being forced to first committee on which I served. His Mr. CROWLEY. Mr. Chairman, I explain open end deployments to their name is Bruce George and he is a mem- yield myself 2 minutes. employers who are becoming less will- ber of the British Parliament and is Mr. Chairman, I rise today in strong ing to continually lose their skilled their defense expert. He said if we fail support of this resolution, but I seri- employees. today to support this resolution, it will ously question the Republican leader- Mr. Chairman, to be able to keep be short of catastrophic. ship’s timing in bringing this measure these individuals in the Reserve and Yesterday Ambassador Jeane Kirk- to the floor for debate while negotia- National Guard we must continue to patrick said that if we do not support tions are still underway. I believe a send them into peacekeeping situa- this resolution, we will regret it. I sug- fractious congressional debate about tions around the globe. In the future, gest to this body that we cannot stand whether or not to support implementa- when the Reserve and National Guard idly by and watch children maimed, au- tion of a peace agreement at such a personnel have the opportunity to tonomy destroyed and a people who are

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4281 seeking no more than freedom, an op- which I have little respect in terms of Ironically, the projected peace agreement in- portunity to gain the same. their leadership, who have committed creases the likelihood of the various possible Support this resolution. extraordinary atrocities in Kosovo, escalations sketched by the President as jus- Mr. GILMAN. Mr. Chairman, I yield 3 nevertheless the Administration pro- tification for a U.S. deployment. An inde- minutes to the gentleman from Ne- posal to deploy troops to Kosovo is tan- pendent Albanian Kosovo surely would seek braska (Mr. BEREUTER), the distin- tamount to a declaration of war to incorporate the neighboring Albanian mi- guished vice chairman of our Com- against Serbia. norities—mostly in Macedonia or FYROM— mittee on International Relations. Article I, Section 8 of the U.S. Con- and perhaps Albania itself. And a Macedonian Mr. BEREUTER. Mr. Chairman, my stitution specifically grants war dec- conflict would land us precisely back in the colleagues, I rise in opposition to the laration authority exclusively to the Balkan wars of earlier in this century. Will resolution. I want to drop back, Congress. The President’s commitment Kosovo then become the premise for a semi- though, to some of the debate that to deploy our troops into a hostile and permanent NATO move into Macedonia just took place on the rule. The minority foreign territory of Kosovo cannot be as the deployment in Bosnia is invoked as jus- leader came here and suggested it was considered a defensive measure that tification for the move into Kosovo? Is NATO inappropriate for us to be debating this falls under his authority. to be the home for a whole series of Balkan resolution at this time. That was also What is going to happen? If we ever NATO protectorates? voiced by the ranking minority mem- have a peace agreement on Kosovo, it In Bosnia, the exit strategy can be de- ber of the House International Rela- will be coerced and it will have to be an scribed. The existing dividing lines can be tions Committee here today, and by enforced peace—for who knows how made permanent. Failure to do so will require others. long. We have an Administration which their having to be manned indefinitely unless As the gentleman from New York has threatened, imagine this, if you do we change our objective to self-determination (Chairman GILMAN) said, unfortunately not sign, Mr. Milosevic, we are going to and permit each ethnic group to decide its debating the issue before the situation bomb you. own fate. In Kosovo, that option does not fully developed is important for Con- I suppose we are going to bomb the exist. There are no ethnic dividing lines, and gress to have a meaningful role. KLA, too. How does one find the KLA both sides claim the entire territory. America’s I want to remind my colleagues what to bomb? How does one enforce peace attitude toward the Serbs’ attempts to insist on happened in Somalia where without on that side? their claim has been made plain enough; it is Let me ask some questions about the any consultation we saw the Adminis- the threat of bombing. But how do we and current peace proposal. We have one tration move from protecting the peo- NATO react to the Albanian transgressions party somewhat bound to the U.S., the ple involved in the deliveries of food to and irredentism? Are we prepared to fight both other bound by the threat of U.S. force. a nation-building process. It was clas- Many questions need to be addressed: By sides and for how long? In the face of issues sic mission creep. I want to remind what means are we going to protect the such as these, the unity of the contact group Members what happened in the formu- Kosovars? Who will police the borders? How of powers acting on behalf of NATO is likely lation of the Dayton Accords when, in will we neutralize the danger of Kosovo ex- to dissolve. Russia surely will increasingly fact, we were told by the Administra- pansion when it has no international status? emerge as the supporter of the Serbian point tion ‘‘do not do anything, it might What is the political objective? (Autonomy is of view. upset these delicate negotiations ongo- not the destination sought by the Albanians.) The President’s statements ‘‘that we can ing in Dayton.’’ How do we handle the relationship of the Al- make a difference’’ and that ‘‘America symbol- Then what happened? Before Con- banians in Kosovo with those in the sur- izes hope and resolve’’ are exhortations, not gress had any opportunity express its rounding region? What are the rules of en- policy prescription. This is bumper sticker for- view or to have a role, before the Day- gagement? What is the concept of how it will eign policy. Is NATO to become the artillery to ton Accords were actually signed, end? Under what authority can NATO ‘‘in- end ethnic conflict? If Kosovo, why not inter- troops were on the way to Bosnia and vade’’ a country in this matter? vention in East Africa or Central Asia? And we were locked in. Then what were we Morover, the projected Kosovo agreement is would a doctrine of universal humanitarian told? What we had been told before, we unlikely to enjoy the support of the parties for intervention reduce or increase suffering by in- have to support our troops, our men a long period of time. For Serbia, acquiescing tensifying ethnic and religious conflict? What and women in the field, and Congress under the threat of NATO bombardment, it in- are the limits of such a policy and by what cri- was cut out of the process. volves nearly unprecedented international teria is it established? In Henry Kissinger’s Here we are in another similar situa- intercession. Yugoslavia, a sovereign state, is view, that line should be drawn at American tion, but what we have here is very dif- being asked to cede control and in time sov- ground forces for Kosovo. Europeans never ferent. What we have here is an inva- ereignty of a province containing its national tire of stressing the need for greater European sion by the United States and NATO of shrines to foreign military force. autonomy. Here is an occasion to demonstrate a sovereign country. Kosovo is an au- Though President Slobodan Milosevic has it. If Kosovo presents a security problem, it is tonomous region within Serbia. much to answer for, especially in Bosnia, he to Europe, largely because of the refugees the This Member has previously voiced, is less the cause of the conflict in Kosovo than conflict might generate. Kosovo is no more a and still has enormous difficulties for an expression of it. On the need to retain threat to America than Haiti was to Europe— many reasons, with the proposal for a Kosovo, Serbian leaders—including and we never asked for NATO support here. peace keeping, I would have to call it a Milosevic’s domestic opponents—seem united. The nearly 300 million Europeans should be peace enforcement, plan in Kosovo. For Serbia, current NATO policy means either able to generate the ground forces to deal Chief among them is the Member’s res- dismemberment of the country or postpone- with the problems for 2.3 million Kosovars. To ervation that the President is ready to ment of the conflict to a future date when, ac- symbolize Allied unity on larger issues, we act outside the U.S. Constitution to en- cording to the NATO proposal, the future of should provide logistics, intelligence and air gage uninvited U.S. combat forces in the province will be decided. support. But I see no need for U.S. ground an internal conflict in a country which The same attitude governs the Albanian forces; leadership should not be interpreted to is not a threat to the United States. side. The Kosovo Liberation Army (KLA) is mean that we must do everything ourselves. The U.S. Constitution clearly limits fighting for independence, not autonomy. The Again, paraphrasing Henry Kissinger, he his authority to place U.S. Armed KLA is certain to try to use the cease-fire to said in opposing ground troops in Kosovo that: Forces in hostile situations, but can do expel the last Serbian influences from the Each incremental deployment into the Balkans so only in response to a national emer- province and drag its feet on giving up its is bound to weaken our ability to deal with gency created by attack upon the arms. And if NATO resists, it may come under Saddam Hussein and North Korea. The psy- United States, its territories or its attack itself—perhaps from both sides. What is chological drain may be even more grave. armed forces. described by the administration as a ‘‘strong Each time we make a peripheral deployment, The more extreme measure of peace agreement’’ is likely to be at best the the administration is constrained to insist that launching unprovoked air strikes overture to another, far more complicated set the danger to American forces is minimal—the against Serbia, a sovereign country for of conflicts. Kosovo deployment is officially described as a

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00023 Fmt 0688 Sfmt 9920 E:\BR99\H11MR9.000 H11MR9 4282 CONGRESSIONAL RECORD—HOUSE March 11, 1999 ‘‘peace implementation force.’’ Such com- In short, we lack an exit strategy. This is the text of a negotiated treaty. I hope peo- ments have two unfortunate consequences: same point that House Members argued four ple will rise above narrow concerns and They increase the impression among Ameri- years ago regarding Bosnia. At that time, the take a broader view. cans that military force can be used casualty- Administration discounted our warning that, We used to have a notion that Ameri- free, and they send a signal of weakness to once deployed, U.S. troops would be in Bos- cans were about preserving world potential enemies. nia for the long haul. Well, we were right and peace. I think we should continue to MILITARY READINESS the Administration was wrong. adopt that position. Where will the money be coming from to I absolutely do not condone anything that Mr. GILMAN. Mr. Chairman, I yield 3 support Kosovo deployment? Will it be pulled the Serbians have done. In many ways, they minutes to the gentleman from Vir- from readiness accounts? As recently as Mon- are their own worst enemy. Belgrade has ginia (Mr. BATEMAN), a member of the day, March 8, in an HASC hearing that in- been condescending and abusive of the rights Committee on Armed Services. cluded Maj. Gen. Larry R. Ellis, the 1st Ar- of ethnic Albanians, and their brutality gave Mr. BATEMAN. Mr. Chairman, I am mored Division commander (Germany based rise to the KLA. My concern is, do the very more than aware of the prospects of division now with troops in Bosnia and FY real abuses of the Serbian forces warrant the negative consequences if our country ROM), five other flag officers, and a group of long term deployment of an undetermined declines to become involved in a peace- mid-grade and senior noncommissioned offi- number of U.S. ground troops? keeping or peacemaking mission in cers, readiness was described as ‘‘a rubber Mr. CROWLEY. Mr. Chairman, I Kosovo, but in its present form I can- band that is stretched very, very tight.’’ While yield 2 minutes to the gentleman from not support the resolution before us. military strength has drawn down, deploy- Maryland (Mr. WYNN). If I had some confidence that it ments have picked up steadily and there Mr. WYNN. Mr. Chairman, I thank would indeed be a peacekeeping mis- aren’t enough people to do the job. Across the the gentleman from New York (Mr. sion, I would feel much differently. board, readiness is wearing dangerously thin. CROWLEY) for yielding me this time. Even if certain people signed an agree- A former militaryman described the plight of Mr. Chairman, I rise in strong sup- ment that others have written for the mid-career professional soldier this way: port of the resolution. The only prob- them, which is the case here, and have ‘‘They are sent to far-off places with inad- lem with being a world leader is that cajoled them into signing it, it will not equate support, pointless missions and foolish sometimes we have to lead. In the first be a true peace agreement. rules of engagement so the cocktail party set instance, leadership requires patience, An agreement requires consent. Ab- back in D.C. can have their consciences feel and in that context, although I strong- sent true consent, we will not be en- good.’’ ly support the resolution, I believe it is forcing or keeping the peace. We will ‘‘We keep drawing down long-term readi- premature. be making a peace foisted upon parties ness to meet near-term missions,’’ said Gen. We have representatives in the region whose goals are widely disparate and Charles C. Krulak, the Marine Corps com- attempting to negotiate a framework who are determined to resist by vio- mandant. ‘‘That is severely straining our long- for peace. We should not be debating lence those who oppose the achieve- term readiness and modernization efforts.’’ whether or not we are going to inter- ment of their goal. A 4,000 troop commitment translates into vene at this point. Our country has repeatedly enun- 12,000 troops involved in Kosovo support Having said that, I do support our ciated a policy that recognizes Serbian (4,000 training to go in, 4,000 on the ground, intervention in the context of this res- sovereignty over Kosovo. While we and 4,000 being retrained upon coming out). olution. It seems to me that leadership have urged a high degree of autonomy This is demoralizing, it degrades retention, also requires taking some risk and also for that province of Yugoslavia, we and leads to questions about management. adopting some unpopular positions. have not endorsed the determination of Secretary Cohen said yesterday that NATO I do not think anyone is cavalier the ethnic Albanian majority for inde- forces would enter Kosovo to maintain an on- about putting American troops in pendence. For our country to intervene going peace—that may be true, but it is cer- harm’s way, but the fact remains that in an issue of the operative relation- tainly debatable. Indeed, this Member would if we are going to support peace around ship between the central government of argue that we are talking about peace-en- the world, if we are going to try to Yugoslavia and one of its provinces forcement, not peacekeeping. And I would re- maintain and promote an environment would be tantamount to Great Britain mind my colleagues that our last experience for peace, we have to get involved. having intervened in our Civil War on with peace enforcement (Somalia) was not a Amendments later today will set pa- behalf of the Confederate States of pleasant one. rameters for our involvement. We are America. History has verified the wis- The Kosovo Liberation Army (KLA) is an not talking about an extensive involve- dom of our English friends in not hav- armed separatist group that would appear ment. We are talking about a limited ing done so. bent on independence; major element in the involvement, with the limited use of Consistent with international law, Serb population are adamantly opposed to the American troops. we do not have the legal authority to KLA’s objective. This is a situation were any The fact remains we are a world lead- intervene against the will of the sov- existing ‘‘peace’’ is highly suspect. er. We are a leader in NATO, and if we ereign state involved. There is no way to place a time limit on a want to maintain that position of lead- Policy statements of the administra- Kosovo deployment. ership, we cannot back away, we can- tion that we would participate in Remember the Bosnia experience. Upon the not cut and run when we are con- bombing of Serbian targets if the Fed- rapid deployment (without congressional con- fronted with an unpopular situation. eral Republic of Yugoslavia did not sent) following the Dayton Accord, Secretary Some will say in the course of this sign an agreement written by us or Christopher assured the nation that it would debate, we do not know what the objec- someone is an appalling notion. be for one year only—to give the Bosnians a tive is. The objective is abundantly An agreement, even if it is signed chance for peace. Four years later, everyone clear. We are trying to maintain a under a direct threat of aerial bom- acknowledges there is no end in sight to the framework for peace and maintain an bardment, is not worthy of being called Bosnia deployment. The cultural difficulties environment for peace. We are trying an agreement. If the government of the that gave rise to the violence are far too great. to prevent genocide. Federal Republic of Yugoslavia does The cultural difficulties in Kosovo are at Thirdly, we are trying to prevent the not accept the agreement we wrote for least as serious as those in Bosnia. Milosevic spread of this violence throughout the them, I must condemn American mili- has successfully preyed upon the ancient region, which could lead to even great- tary action that our country will be in- fears and hatreds of the Serb population. The er catastrophe. This is not a popular volved in for what it will be, an act of Albanian diaspora has fed the most violent situation. This is a situation that calls war without sanction under our Con- tendencies of the Kosovar Albanian popu- for American leadership. stitution or international law. lation. And the Albanians in Kosovo are insist- I think we should proceed on that as- As to the ethnic majority in Kosovo, ing that a NATO presence remain for at least sumption, allow U.S. troops to be in- who is duly authorized to bind them to three years! volved to a limited extent in the con- an agreement? Is it Mr. Rugova, the

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4283 head of the Democratic League of principles, to lifting the burden of our much worse than that. So is Tudjman. Kosovo? Or is it Mr. Demaci, who is de- brothers and sisters anywhere in the But then we look at Itzebegovic, who scribed as, quote, the chief political world, to becoming the light of the has 12,000 mujahedin and Hamas sur- representative of the Kosovo Libera- world. rounding him. The prime minister tion Army? Our Star Spangled Banner asks this under him trained with Kadafi. If we This gentleman has resigned and con- question every day: Oh, say, does that want to talk about a foreign policy and demned those in the KLA who are in- star spangled banner still wave over we say we are saving lives, it is a pow- clined to vote for the so-called agree- the land of the free and the home of the der keg when we move out of there. Let ment. brave? us not send our men and women to By what authority, if any, was Mr. Let us continue to demonstrate that Kosovo. Thaci charged with the formation of a we will be brave so that we may remain Mr. GEJDENSON. Mr. Chairman, I provisional ethnic Albanian govern- free and that others may remain free. yield 5 minutes to the gentleman from ment? Let us not turn our backs on peace. Let California (Mr. LANTOS). My generation has a special affinity us not turn our backs on our allies. Let Mr. LANTOS. Mr. Chairman, I thank for collective security, and I have and us not turn our backs on those prin- my friend for yielding this time to me. hope to remain a steadfast supporter of ciples which have helped form this Na- There is an air of unreality about our NATO alliance. tion. Let us not turn our backs on this debate. Tomorrow, some of us will I wish this debate was not taking those who thirst for justice, on those be at the Harry Truman Library in place today but unfortunately it must who hunger for righteousness, on those Independence, Missouri, when Hungary, because if it did not, any debate would who look to the United States to be the Czech Republic and Poland will for- come only after the President had com- first in peace. mally become members of NATO. mitted us to a military action without b 1400 NATO, this incredible defensive alli- the consent of a majority in the Con- Mr. GILMAN. Mr. Chairman, I thank ance, which kept the peace in Europe gress and with only minimal consulta- the gentleman who has just made a for two generations, which resulted in tion. very eloquent address, the gentleman the collapse of the mighty Soviet Mr. GEJDENSON. Mr. Chairman, I from Ohio (Mr. KUCINICH), for his sup- Union, and which is the cornerstone of 1 yield 2 ⁄4 minutes to the gentleman porting remarks. security, not just for Europe, but for from Ohio (Mr. KUCINICH). Mr. Chairman, I yield 21⁄2 minutes to much of the rest of the world, and we Mr. KUCINICH. Mr. Chairman, Jesus the gentleman from California (Mr. are now debating as to whether, after said, blessed are the peacemakers for CUNNINGHAM), a member of the Com- the Albanians and the Serbs agree and they shall be called the children of mittee on Appropriations. invite us, we might participate with God. Mr. CUNNINGHAM. Mr. Chairman, I the force of 4,000 in a NATO contingent What can be said of a Congress which will not condemn any one of the Mem- of 28,000 to keep the peace in Kosovo. will not let the United States make bers in here for the way that they vote My wife and I went to Kosovo the peace in Kosovo? What can be said of a on this. They do it so because they first time maybe 35 years ago, and we Congress which would intervene at a have different knowledge, they have have been back there many times critical point in peace negotiations and different beliefs. But I do resent the since. It is the only place in Europe take steps to undermine a peace agree- minority leader impugning the motives where one can find a beautiful young ment? What can be said of a Congress of many of us. woman of 22 or 23 who has two teeth which refuses to let the United States I make my statements on some very because they have no dental care. join hands with other peacekeepers of deep, rich beliefs and experience from There is a grinding poverty that bog- the North Atlantic Treaty Organiza- training, of planning innovations in gles the mind, and these people have tion? the defense of countries all over this been suppressed, persecuted, given What can be said is this: If we are not world on military staff. And I hated third class citizenship for a long time. letting peace be waged, then we are let- politicians that sat in soft, cushy This is our opportunity to do a tiny ting war be waged. chairs and put our men and women in bit, a tiny bit of what the great genera- What can be said is that if we are not harm’s way so easily, they who had tion of the second war did under infi- thoughtful as to the consequences of never done that themselves. nitely more dangerous circumstances our actions today upon the Kosovo Kosovo is not an independent state, with infinitely greater sacrifices. peace talks, then we are as sorcerer’s it is part of Greater Serbia. When we Sunday night, the two vice presi- apprentices, mindlessly stirring a caul- go into the full committee, I want to dential candidates of the last presi- dron full of the blood of Balkan inno- put in here some 1,500 shrines and sanc- dential election, AL GORE and Jack cents. When this cauldron is stirred, tuaries that the Serbs have in Kosovo, Kemp, joined me for the Washington there will be blood on our hands. the birthplace of the orthodox Catholic premier of The Last Days, a movie What will be said about this Congress religion. This is their homeland. This about the Holocaust. The pictures of is that with our NATO allies at the is a map of Albania. The Albanians do that movie will remain with everybody ready, Congress abdicated the United not want just Kosovo, they want part who will ever see that movie. Do we States role as a world leader. of Greece, they want Montenegro, and want such movies made of Kosovo? Blessed are the peacemakers. they want Kosovo. This is a map of the Have we not had enough slaughter and We are able to make peace because massacred Serbs, Jews, gypsies that massacre and murder and extermi- we are the strongest nation in the the KLA has murdered in recent times, nation of innocent people there? The world. We are able to make peace be- not World War II. The KLA is sup- only thing that differentiates Kosovo cause we have been committed to ported by the mujahedin, Hamas, and from the Persian Gulf War is that there peace. even bin Laden. Get George Tenet’s is no oil there. But there are principles Listen to the words of John F. Ken- brief, classified brief. That is about as there. The same principles that com- nedy’s inaugural. He said that we have far as I can go. pelled President Bush decide to send been unwilling to witness or permit the This is a list of where the Serbs es- not 4,000 NATO U.S. forces, but half a slow undoing of those human rights to tablished Kosovo and were ethnically million American troops to the Persian which this Nation has always been cleansed and murdered and forced to Gulf; President Bush, who drew a line committed and to which we are com- flee across the Danube, their homeland, at Kosovo at Christmas 1992, when he mitted today at home and around the and Albanians filled the void. Yet, they said, we are drawing the line, we are world. are defending their own homeland right not going to allow Bosnia to be re- We are challenged every day to renew now and being murdered. peated. our commitments to peace, to justice, Now, Milosevic is an impediment. He Now we have another President, a to the American way of democratic needs to be removed, in my opinion, Democratic President who says the

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 4284 CONGRESSIONAL RECORD—HOUSE March 11, 1999 same thing. One of the great heroes of Mr. GEJDENSON. Mr. Chairman, I ers to come to their aid. We run the the second war in public service, Sen- yield 2 minutes to the gentleman from risk of Macedonia being involved or the ator Bob Dole, yesterday told us in Missouri (Mr. SKELTON), the ranking former Yugoslav Republic of Mac- committee he is passionately com- Democrat on the Committee on Armed edonia, and then the really big danger mitted to this course of action. Services. that we have of the Turks and the I am sick and tired of my colleagues Mr. SKELTON. Mr. Chairman, I Greeks becoming involved. saying, this is in Europe; let the Euro- thank the gentleman for yielding me b 1415 peans deal with it. Sarajevo was in Eu- this time. rope. That was the genesis of the First Our colleague from Illinois posed the Remember, World War I began at Sa- World War. Czechoslovakia was in Eu- question, is NATO worth it? Abso- rajevo. Remember, we hesitated and rope. That was the genesis of the Sec- lutely. NATO is worth it. did not go into Bosnia right away. We ond World War. First, we should understand those were treated every night to the atroc- These people who never learn, who pages of history that point out that ities on CNN. Please, support the reso- are uneducable cannot carry the day World War I started in the Balkans, lution, even though the administration today. I plead with my colleagues to and if NATO in its role in keeping has failed to come forward and ade- give our government an opportunity to peace in Europe can be fulfilled, it will quately address the Congress and the participate in a NATO peacekeeping be necessary for NATO to do a peace- American people. force to the tune of 4,000 American sol- keeping mission in Kosovo. Mr. GEJDENSON. Mr. Chairman, I diers to keep the peace. This is the Second, in answer to the gentleman’s yield 1 minute to the gentlewoman only honorable way, and this is the question, is NATO worth it, history from Georgia (Ms. MCKINNEY). only way not to undermine NATO and also tells us that we have had more Ms. MCKINNEY. Mr. Chairman, un- the hope of mankind. years of continuous peace in Europe fortunately, today we are debating Mr. GILMAN. Mr. Chairman, I am since the days of the Roman Empire. sending U.S. forces to keep a peace pleased to yield 2 minutes to the gen- NATO not only is worth it, it works, that does not exist, to carry out an tleman from Illinois (Mr. HYDE), the and the United States of America is agreement that has not been agreed to, distinguished chairman of the Com- the leader of NATO. and to assist people on both sides who mittee on the Judiciary and a member Tomorrow in Independence, Missouri, do not seem to want our help. of our Committee on International Re- at the Truman Library, with the Sec- We are being asked to vote on some- lations. retary of State present as well as other thing we cannot even see, and to sign a Mr. HYDE. Mr. Chairman, I recognize noted Americans, the 50th anniversary blank check. We have written blank this is a very difficult decision, and I of NATO will be celebrated. checks before, and we have discovered regret disagreeing with some of my Today, by this vote, we will declare afterwards just how high the cost has colleagues who oppose the participa- whether NATO is worth it, whether been. In what we do on Kosovo, we tion of our forces in the NATO peace- NATO is to fulfill its goal and mission should first make sure that we have an keeping effort, but it boils down really in the days and years ahead. I agree agreement, know the plans, and know to a simple proposition: Is NATO with the resolution. the cost. worthwhile? What is the purpose of I might also say that I have an In thinking about the cost, we should NATO? What is our role with NATO? amendment which I do not see how realize how much our own reckless ac- We are the leaders of NATO. NATO is anyone could vote against. Later in the tions have added to the bill. For years an extremely useful institution to day, my amendment to this resolution we have been selling our highest tech- have. It is beginning to integrate Ger- will be to the effect that there should nology weapons to countries whose many in this exercise. Germany is to be no troops deployed until there is an possible involvement in this conflict is provide 3,000 troops, the British, 8,000, important, both for those who want us the French, 6,000, the United States agreement and a subsequent vote. But in and those who want us to stay out. 4,000, and to what end? To stop geno- the bottom line is, NATO, Mr. Chair- By our own actions we have greatly cide. To stop the slaughter. To be man, is worth it. raised the stakes for such a conflict, peacekeepers. Mr. GILMAN. Mr. Chairman, I am There really is a moral obligation on pleased to yield 2 minutes to the gen- and we have raised the risks that our those people who have the resources to tleman from Virginia (Mr. BLILEY), the soldiers again and again unnecessarily intercede when people are being wan- distinguished chairman of our Com- will be facing the products of our own tonly, atrociously killed, and that is mittee on Commerce. factories. what our purpose is. We have a na- Mr. BLILEY. Mr. Chairman, I want to If the parties in Kosovo really want tional purpose: to prevent the spread of address my remarks to my colleagues peace, they will both sign the agree- this conflict. If we appease Milosevic, if on this side of the aisle. Yes, the Clin- ment, and if they do not, the mission of we leave the field and let the killing go ton administration has failed to ad- our forces will be truly impossible. on, we are inviting a wider spread of dress the American people on why we Arms selling and peacemaking do not the war that could involve two of our should be in the Balkans, why we mix in Kosovo or anywhere else. NATO allies on the opposite side, should be in Bosnia, and why we should Mr. GILMAN. Mr. Chairman, I am Greece and Turkey. be in Kosovo. But let me tell my col- pleased to yield 3 minutes to the gen- So there is a humanitarian purpose; leagues, I have spent 15 years as a tleman from California (Mr. ROHR- there is a peacekeeping purpose, and in member of the U.S. delegation to the ABACHER), a member of our Committee my judgment, the very purpose of NATO parliamentary group. I now on International Relations. NATO would be frustrated; it would be serve as the Vice President. We must Mr. ROHRABACHER. Mr. Chairman, eviscerated if we turned our back and be a participant in Kosovo. I rise in strong opposition to sending walked away. Why? Because the Europeans cannot America’s young defenders to Kosovo. Mr. Chairman, leadership imposes do it themselves. They have historic al- We are being asked to deploy our heavy burdens and a cost must be paid, liances. The French and the Russians troops yet again, eroding our overall but we either are going to lead in the have been with the Serbs. The Germans strength even as new threats are be- struggle, and it is a struggle for world and the Italians have been with the Al- coming evident in Asia. Our military is peace, or we are going to be on the banians. If we are not there and the being stretched so thin we are putting sidelines. I think for the vitality of NATO alliance is not able to go be- them at grave risk. NATO, for our role in NATO as a lead- cause we are not there, we are going to Unlike what is happening in the Bal- er, for integrating the peacekeeping see the fighting begin again. kans, there are other national security forces with these other countries, When the Yugoslavs begin bringing threats to our country. By dissipating clearly we have to participate, and I in heavy weapons, the Kosovos are our limited resources, asking our mili- will support the resolution. going to call on their Albanian broth- tary for yet more sacrifice, we are

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4285 doing a horrible disservice to our coun- Mr. Chairman, I yield 2 minutes to dented, so it should come as no sur- try and to its defenders. the gentleman from North Dakota (Mr. prise that the President does not want I have no doubt that the people of POMEROY). us to debate this today. The President Kosovo have a right to their self-deter- Mr. POMEROY. Mr. Chairman, I is the Commander in Chief, but he has mination, just as the people in Slo- thank the gentleman for yielding time a consultative partner in the Congress. venia had a right to their self-deter- to me. He ought to consult us about these mination, in Croatia, in Macedonia, Mr. Chairman, I would ask, what things. and in Bosnia. Yes, we were given an does it say about the United States and When we were debating Bosnia, Mr. option then, do nothing or send in the its NATO allies that we cannot take on Chairman, when we were going to de- troops. We could have then provided a two-bit bully down the block? By al- bate it that night, the President told the support necessary for those people lowing Milosevic to get away with his me he did not care what we thought to fight for their own independence, third brutal war in a decade, the about Bosnia. He did not care. He was but instead, we held off, and then it United States and NATO will send an sending troops into Bosnia anyway. was just send in the American troops. encouraging message to dictators, ag- That should not be the attitude of the But the people of Kosovo, just like gressors, and terrorists around the Chief Executive. So we are doing some- the people in Croatia, are willing to globe. thing right here today. Even if he does fight for their own freedom. We are Those are not my words, Mr. Chair- not care what we think, we are doing being told, it is either send troops or do man. Those are the words of majority something that should be done. nothing. That is nonsense. If we are too leader Bob Dole in his testimony yes- Secondly, before we send troops in we timid to even recognize that the people terday to the Committee on Inter- should have a measure of success. How of Kosovo, 90 percent of whom want national Relations. He is now charged do we know when we have done our their independence, they are Muslims, with getting the parties to an agree- job? How do we know when we are fin- Albanians, who do not want to be under ment, and is in the final stages of ac- ished, when we have completed it? I do the heel of oppression of the Serbs, if complishing that extraordinarily dif- not see that in the plan at this point. we cannot at least recognize their inde- ficult undertaking. I do not see any clear mission or goals pendence, if we are too timid to do It is therefore deeply regrettable, Mr. or accomplishment standards, what that, how can we ask our own military Chairman, that we are having this de- will be the measure of success. to jump in the middle of that cauldron? bate today. How can we reasonably Third, for the United States to enter There is no peace plan. There is no make a decision on a resolution regard- the region, there should be a signed peace plan at all. Our troops will end ing a peace agreement when the peace agreement by both the Albanians and up either being the police force of the agreement itself has yet to be final- the Serbs. Following that, there should Serbians, or we will end up fighting the ized? be a request that we in NATO come in battle that the people of Kosovo are But we are where we are, so I urge to help them. This is a civil war in a willing to fight for themselves. Members to vote for the resolution. sovereign nation. We should be there We have been promised things before The slaughter that has been occurring only at their request. in the Balkans. We have been promised, in Kosovo is so deeply disturbing. If we I recently visited similar nations in the last time we have sent our troops, look at the statistics, they are shock- the Balkans. We can see the hatred all that it would take 1 year and $2 billion. ing. If we look at the individual ac- over that part of the world. The idea That was 5 years and $12 billion ago. counts, they are even more disturbing. that we would be so arrogant as to be- That dissipation of our money, that I have a 5-year-old daughter at home. lieve that we can go in and fix a prob- stretching our troop strength so wide When I read the New York Times ac- lem without the full participation of that it is about to break, is causing count of the 5-year-old that was hunted all the stakeholders in this is just ri- great damage to our national security. down in her backyard and brutally diculous. Then it is even more arro- The Balkans is not in America’s na- murdered, and the photograph of her gant, I believe, to think we can mollify tional security interest. We can talk little shoes in the garden, it is some- this problem in a short period of time. about NATO in nostalgic terms all we thing of a tragedy of a magnitude we We may be there a while, if we go in. want. The job of NATO was done when cannot ignore. Mr. GEJDENSON. Mr. Chairman, I the Soviet Union split apart. It is not The U.S. role being considered is only yield myself such time as I may con- our job now, because at that time it a minor, supporting role. Our partici- sume. was in our national security interest. pation will be 15 percent or less, we are I would like to say that for all the Now it is not in our interest to send told. It is a situation where we have to talk of an end game, if we had had the our young people all over the world, do our part to bring the genocide and discussion when we put NATO forces in trying to be the police force of the atrocities to an end. Vote yes on the Europe to stop Communist expansion, world in a way that it weakens us as a resolution. and said, how long are you going to be Nation, so when there are threats to us Mr. GILMAN. Mr. Chairman, I am there, are you going to be out of there from China or from elsewhere, or in pleased to yield 2 minutes to the gen- in 2 years, out in a year, we would have Korea, that we will be unable to act, tleman from Colorado (Mr. HEFLEY), a lost Europe while we were debating and that perhaps thousands of Amer- member of the Committee on Armed how long we would stay. ican lives will be lost in situations like Services. Mr. Chairman, I yield 2 minutes to that. Mr. HEFLEY. Mr. Chairman, I thank the gentleman from Tennessee (Mr. Let us support the people of Kosovo’s the gentleman for yielding time to me. CLEMENT). right to self-determination. Let us give Mr. Chairman, I am delighted we are Mr. CLEMENT. Mr. Chairman, I them the weapons they need to do their doing this debate today. I think that thank the gentleman for yielding time own fight, and not have American lives for us not to do this and to wait until to me, and thank the gentleman from at stake. it was too late would be a terrible mis- New York (Mr. GILMAN). Mr. GEJDENSON. Mr. Chairman, I take. I think, as a member of the Com- This is a serious matter, we all know yield myself such time as I may con- mittee on Armed Services, there are that. But the fact is, I think a lot of us sume. four considerations that we need to are questioning the timing of this. I Mr. Chairman, I would just say, the consider before we send troops into was in Bosnia last year with the gen- gentleman’s proposition would lead to Kosovo. tleman from Missouri (Mr. IKE SKEL- arms races globally, and increased First, the manner in which this ad- TON) and others. Those people were so murder. The choice we have here today ministration has circumvented the leg- appreciative of the United States, is to support peacekeeping, as com- islative process when it comes to de- knowing that the United States is the pared to warmaking. It is the right use ployment of U.S. military forces one and only superpower in the world. for our people. around the world has been unprece- We also know that we do not want to

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 4286 CONGRESSIONAL RECORD—HOUSE March 11, 1999 be the Big Brother in the world, as on morale and retention of a fine, If we vote down this resolution, the well. But we also realize that we have qualified, uniformed service. negotiations have no merit because a responsibility. We also know that This Administration’s neglect of our there is no incentive for the people to that is where World War I started, was troops has led to fewer troops re- continue the negotiations. If we vote in the Balkan area. enlisting and more troops leaving the for this resolution, we can continue the We have to ask ourselves the ques- Armed Forces. Some of our men and negotiations. It is a nonbinding resolu- tion, how can we help? How can we be women in uniform are actually on food tion. If we want to, we can take up the supportive, knowing that whatever we stamps. This is an outrage. issue whether we should have troops in do it is not going to be just a unilateral It is time for this administration to Bosnia or not. effort, it is going to be a number of put its money where its mouth is. It is So, therefore, it is a very clear issue. other countries in concert with the time for it to draw a line in the sand, Do we want to continue the negotia- United States agreeing on a peace and demand that we send the right tions? Do we not want to continue the plan? amount of funds to support our troops, negotiations? I am for continuing, and The atrocities over there are horren- particularly if now we are going to I am for this resolution. dous, how peoples’ lives have been de- send 3,000 more troops overseas to sup- Mr. HOEFFEL. Mr. Chairman, I yield stroyed, their homes are being de- port another unending overseas deploy- 2 minutes to the gentleman from Texas stroyed, the looting. It was an orches- ment. (Mr. LAMPSON). trated conspiracy, and Milosevic, oper- Mr. LAMPSON. Mr. Chairman, I rise b 1430 ating in Belfast, is going to look at all today to urge my colleagues to help of the things we are doing or not doing. Mr. GEJDENSON. Mr. Chairman, I Kosovo achieve peace, not only for the Yet, we know what Senator Dole has yield 2 minutes to the gentleman from benefits of the thousands of people liv- already said. The Republican nominee Maryland (Mr. CUMMINGS), former ing in that troubled area of the world, for President has made it very clear speaker of the Maryland House. but also for their family members who why. This was before the Committee on Mr. CUMMINGS. Mr. Chairman, I live here in the United States. International Relations just yesterday. want to thank my colleague for yield- Let me tell my colleagues about a He said, ‘‘I would rather have the vote ing time to me. family in my southeast Texas district come after the agreement between the Mr. Chairman, I stand today in sup- who has loved ones who are trapped in Kosovar Albanians and Serbia.’’ I think port of House Concurrent Resolution violence-torn Kosovo. John and Lisa he is correct, because are we going to 42. Probably one of the most signifi- Halili, who own and operate an oyster put ourselves in a position where we cant moments of my life was when, and shrimping business in San Leon, are going to be responsible for ruining back in December of 1997, I went over watch 24-hour television and read any opportunity for peace at the table? to Bosnia with the President. There I newspapers with anxiety and anticipa- Let us support our leadership, and let saw our troops. When we arrived in tion each and every day. Why? Because us have peace in Kosovo. Bosnia at about 5 or 6 o’clock in the John’s father and brother, and many Mr. GILMAN. Mr. Chairman, I am morning, thousands of people had stood other people, have been forced to flee pleased to yield 2 minutes to the gen- all night just to simply say thank you their homes and, in one instance, hide tleman from Florida (Mr. WELDON). for saving our lives. Thank you for giv- in a single house in the village of Mr. WELDON of Florida. Mr. Chair- ing us our lives for Christmas. Vushtrri. man, I thank the gentleman for yield- The President is right. We have to Unfortunately, Bajram and Idriz ing time to me. act. We cannot just stand aside and Halili have been unable to leave their I rise reluctantly to speak in opposi- allow lives to be lost. The fact is that hideaway and escape to the safety of tion to sending our the United States we have a duty, and we must fulfill the United States. So they, along with Armed Forces into Kosovo. If we look that duty. Lest we forget, let us not their son and daughter-in-law in Texas, at the U.S. military, it is overwhelm- turn a blind eye. Remember the Holo- wait and wait and wait for peace to ingly apparent that the Clinton admin- caust, remember South Africa, remem- come to Kosovo and the entire region. istration has placed our military budg- ber Rwanda. Feeling helpless and sometimes hope- et and the needs of our men and women Our Nation is a very, very powerful less, John and Lisa have contacted me, in uniform on the back burner while nation. The fact is, is that we have to hoping that I, as a United States Rep- greatly increasing the number of over- stand up and bring peace and bring life resentative, could do something to di- seas deployments. to life. So I stand in support of House minish their worry or reunite their By reducing our national defense Concurrent Resolution 42 and urge all family. budget and failing to provide the fund- of my colleagues to vote for it. Unlike the Halilis, Congress is not ing necessary for training, equipment, Mr. GILMAN. Mr. Chairman, I am helpless, nor should it be hopeless and compensation, this administration pleased to yield 2 minutes to the gen- about peace talks in Kosovo. I know is eroding morale and troop strength. I tleman from New York (Mr. HOUGH- that there are other areas of the world cannot, in good conscience, support TON), a member of our Committee on that are crying out for help, including sending our troops again overseas to International Relations. places in our own country. But where support another overseas mission. It is Mr. HOUGHTON. Mr. Chairman, I am we can make a difference, we have an not fair to our troops. It is not fair to tempted to go through the philosophies obligation to do so. We have the duty our families. and the history and the risks and the to do whatever it takes to help this Let us review some of the facts on costs that are involved here. But to troubled region of the world create an this issue. The number of active duty me, and it may be a reflection on my environment of peace for its people and army divisions has been reduced from own position, to me, it is a very simple their families who live within all of our 18 to 8. Under the Clinton-Gore admin- issue that we are in a situation now Congressional District. istration, the number of fighter wings where decisions have to be made. We We as a Congress have a responsi- has gone down from 36 to 20. Our naval can be doubtful and unclear and opin- bility to support the President so that forces have been reduced by 30 percent. ionated about some of the things, the United States speaks with one Today our troops do not have enough whether it is the reigniting of anarchy voice on foreign policy. ammunition. The Army is short $1.7 in Albania or destabilizing Macedonia, Mr. GILMAN. Mr. Chairman, I am billion in ammunition, the marines but that is not the point. pleased to yield 2 minutes to the gen- $193 million. Too many of our men and The point is this is a horrible time I tleman from New York (Mr. LAZIO). women in uniform have gone too long think to have this debate. If we are Mr. LAZIO. Mr. Chairman, I want to without seeing their families, their going to have peace, we must have suc- begin by congratulating and thanking wives, their husbands, children, and cessful negotiations. We are right in the chairman, the gentleman from New parents. This is having a terrible effect the middle of negotiations now. York (Mr. GILMAN) for his leadership in

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4287 helping to move this to a debate which will be bombed if he violates the terms ing an agreement with Milosevic, who is such an important part of this proc- of the agreement; number three, that is a person who does not exactly have ess. all war criminals will be apprehended a lot of trust in the world community. One of the most important accom- and will be subject to prosecution, bar Yet we are validating him by signing plishments of which America can be none; and, number four, that, on con- an agreement with him. In other justly proud is its victory in the Cold clusion of the terms of Rambouillet, words, we are building an agreement on War, a 50-year struggle during which there shall be a referendum vote for shifting sand. literally 500 million people were liber- independence. Thirdly, I would say that troops are ated from control of the Soviets. God, we are here in the halls of Wash- thought to be used as policemen. Mod- Our ideals, our American ideals of de- ington and Lincoln. In 1986, they told ern armies are designed to move. They mocracy and market capitalism are in us, there would be more genocide, more are not designed to stand still. I sat on triumph throughout the world, but not killing, more oppression, and we have a plane the other day with a young en- in every corner of the world. With that done nothing, and we are about to listed officer who complained about the triumph comes some responsibility. make the same mistake. fact that he had not seen his baby in 6 In the Balkans where slaughter and This is a tough vote for me. But our months and was being used as a police- bloodshed and systemic rape as a tool committee must look at those facts, man in Bosnia. of terror have been used over and over Mr. Chairman. My bill clearly speaks Mr. HOEFFEL. Mr. Chairman, I yield again, where families and villages have to it. There should be an amendment 2 minutes to the gentleman from Mary- been wiped out, America properly has a on this floor to modify that agreement, land (Mr. CARDIN). role, not the only role, but a leading at least the sense of this House to, in Mr. CARDIN. Mr. Chairman, I thank role. But this is a sobering debate fact, infer that that subject mattered. the gentleman from Pennsylvania for frankly because of some of the failures Be careful here. It just is not about yielding me this time. of our foreign policy that got us here. deploying troops. Europe should be pro- Mr. Chairman, I rise in support of I am in support of the Gilman amend- viding those ground troops. We should this resolution although I must tell my ment, because I believe in America’s be providing the air and strategic sup- colleagues I have certain misgivings. role in ensuring the peace, in ensuring port. But it is a tough vote, and I give My misgivings are not surrounded by a strong, integrated Europe. But let us credit to the Speaker for at least tak- the U.S. role, because I think it is clear remind ourselves of the fact that the ing up the issue. Our war making pow- that the United States has a very vital Dayton Accord helped perpetuate this ers should not come down from the role in this peace process. The stability because the people of Kosovo who pur- White House. in the Balkans are very important to sued a nonviolent strategy were left Mr. GILMAN. Mr. Chairman, I am our national interests, and we are not out. The message that was translated pleased to yield 2 minutes to the gen- going to achieve peace in the Balkans from the State Department was that tleman from South Carolina (Mr. SAN- without U.S. leadership. we will only be engaged if violence is FORD), a member of our Committee on It is important for the United States pursued as a tool. That is the wrong International Relations. to maintain a very strong position message. Mr. SANFORD. Mr. Chairman, I with NATO. So I support the Clinton The message from Milosevic was, if stand as one against sending troops to administration’s efforts in this area. one pursues a strategy of violence and Kosovo and one very much behind the My concern is a matter of timing. terror, one can consolidate their gains; timing of this vote for a couple of dif- Why are we considering this resolution and we will not push them back, and ferent reasons, but one in which was now? I agree with my friend the gen- they will win. well described by Henry Kissinger yes- tleman from New York (Mr. HOUGHTON) When our lead negotiator, the Spe- terday. in his comments, in that we should cial Envoy to the Balkans, praised Yesterday, he said before our com- have an agreement first before we are Milosevic for his cooperation in Bosnia mittee that he and President Nixon be- asked to vote on what the United and branded the Kosovo Liberation lieved that we were in trouble in Viet- States’ role should be in enforcing that Army, ‘‘without question a terrorist nam because our predecessors had peace agreement. organization,’’ what is the message launched the U.S. into an enterprise in We do not know what the agreement that he sends? a distant region for worthy causes but itself will be. However, I plan to vote in We must be there because of a failed without adequately assessing the na- support of this resolution because I American foreign policy, but we must tional interest and the likely cost. want to make it clear that I support also be there to keep the people of Now, not after the troops are deployed, the Clinton administration’s efforts to Kosovo confident in America’s efforts. not after troops are in the field, but bring peace to the Balkans, that I ac- Mr. HOEFFEL. Mr. Chairman, I yield now is the time to assess that cost. knowledge that the U.S. will play, 2 minutes to the gentleman from Ohio I do not think it passes the cost test must play a leadership role in enforc- (Mr. TRAFICANT). for a couple of different reasons, the ing that peace agreement that we hope Mr. TRAFICANT. Mr. Chairman, a first of which is the domino theory has will be achieved. 1986 intelligence report warned us of long been disproven. Clifford Clark was By voting for this resolution, I think today’s debate. They said the genocide sent by Lyndon Johnson to see our C2 we move forward the peace process in in Kosovo will end by one of two allies in Southeast Asia over 30 years the Balkans. If we do otherwise, then means, by Western governments assist- ago to use the same argument. The C2 we are going to be at least partially re- ing and pressuring Belgrade to grant allies said, no, we do not think this sponsible for making it more difficult independence to Kosovo, or be revolu- will grow into a giant conflict in for us to achieve peace in that very dif- tionized. Southeast Asia. We choose not to go ficult area of the world. This is a tough vote. I, like every- into South Vietnam or North Vietnam. Mr. Chairman, I urge my colleagues body else, want to stop the slaughter in We ignored their advice and, as a re- to support the resolution if we must Yugoslavia and in Kosovo. But let me sult, 50,000 American boys died. vote on it today. If we must vote on it say this, today’s vote will also reward The domino theory has been today, then we should support it. an international tyrant Milosevic, be- disproven. For us to send boys into Mr. GILMAN. Mr. Chairman, I am cause we will be rewarding a flawed Kosovo means it has got to pass the pleased to yield 2 minutes to the gen- agreement. mommy test. The mommy test for me tleman from Texas (Mr. PAUL). This agreement should be modified to means it is not only in our strategic in- Mr. PAUL. Mr. Chairman, I want to say, number one, upon enactment of terest, but we also have a chance in thank the leadership for allowing this the agreement, there should be no Ser- making a difference. debate to come to the floor. I have, for bian troops in Kosovo; number two, a Here, as my colleague just pointed quite a few weeks, advocated that we provision clearly warning Milosevic he out just a moment ago, we were sign- talk about this and have urged that the

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.000 H11MR9 4288 CONGRESSIONAL RECORD—HOUSE March 11, 1999 troops never be sent to Kosovo without that stood against darkness in World To discuss today whether or not the our consent. I do believe, though, that War II, now is the time to stand to- United States, the world’s only super- the process here is less than perfect. gether to help the people of Kosovo power and the world’s greatest mili- The fact that we are talking about a find peace. But as we speak, negotia- tary force, will lend its support to any House Concurrent Resolution at the tions are at a critical stage. We are ei- Kosovo peace settlement is premature same time authorizing troop deploy- ther on the brink of a breakthrough or and is inappropriate at this time. To ment raises serious questions. at the point of a breakdown. If the ne- debate this issue today undermines the efforts of the envoys who are trying to b 1445 gotiations succeed, thousands of lives will be saved. Thousands of these chil- negotiate a peace settlement between Since World War II we have not been dren will live to grow up. And if we the Serbs and Kosovars. diligent here in the Congress to protect fail, many of these people will die. However, the credible threat of mili- our prerogatives with respect to the With all that at stake, at a time tary force does provide an incentive for declaration of war. Korean and Viet- when these poor people are looking to the Serbs and Kosovars to reach a nam wars were fought without a dec- us for stability, to help them find their peace agreement. To debate this issue laration of war. And these wars were way back to peace, why are Repub- today threatens that incentive and not won. licans holding this debate here today could embolden Slobodan Milosevic to Since 1973, since the War Powers Res- at the very moment we need to show reject NATO peacekeeping troops com- olution was passed, we have further un- unity? pletely, and could cause the Kosovars dermined the authority of the Congress If there are parts of any final agree- to give up on the peace process. and delivered more authority to the ment we want to debate, then for God’s The bottom line, though, is that wa- President because the resolution essen- sake, let us wait until we see it, let us vering American leadership in this sit- tially has given the President more wait until the ink is dry, let us wait uation has the potential to lead to power to wage war up to 90 days with- until it is signed. Right now there is no more bloodshed in Kosovo that could out the Congress granting authority. It accord to debate, there is only the pos- spill over into other parts of Europe is to our credit at least that we are sibility of sabotaging the process be- and metastasize beyond our control. bringing this matter up at this par- fore it has had the chance to reach a Mr. Chairman, we cannot have it both ticular time. conclusion. ways. We cannot be the world’s only We must remember that there are That is why this premature debate is superpower but then remain aloof when various things involved here. First, the very height of irresponsibility, and the situation demands our leadership. whether or not we should be the world even more so because this is where Mr. Chairman, I do not rise today to policeman. That answer should be easy. World War I began. My colleagues, past say that the United States is obligated to resolve every conflict that erupts We should not be. It costs a lot of is prologue, and we should not have to around the world. We have the right to money to do what we are doing, and it learn this lesson twice. This region decide these matters on a case-by-case undermines our military strength. So does have strategic importance to the basis. But in this case it is in our na- we should consider that. United States and many Americans tional interests to lend our country’s We should consider the law and the died when the world ignored these ten- support to the international effort to process in the War Powers Resolution sions once before. prevent the return of wanton blood- and just exactly how we grant author- Preventing an escalation will save shed, murder, rape and wholesale ity to the President to wage war. We American lives in the long run. We can- should be more concerned about the slaughter in Kosovo. not afford a war in Kosovo that could The Balkans have been the birthplace Constitution and how we should give destabilize the region, that could spill this authority. We should be concerned of war before. Allowing a conflict to ex- over into Albania, to Macedonia, Tur- plode in that region could have dev- about this procedure. key, and Greece, which are NATO al- astating consequences to the peace and The bigger question here, however, is lies. We should be standing together. stability of Europe and, hence, to if we vote for this, and I strongly op- We should be supporting these negotia- America’s national interests. pose passing this, because if we vote for tions. We should be supporting the suf- Mr. HOEFFEL. Mr. Chairman, I yield this, we authorize the moving of troops fering families in Kosovo, and we 5 minutes to the gentleman from Mary- into a dangerous area. We should ask should have delayed this debate until land (Mr. HOYER). ourselves, if we are willing to vote for the negotiators have had the time to Mr. HOYER. Mr. Chairman, I thank this resolution; are we ourselves will- finish their work. the gentleman for yielding me this ing to go to Kosovo and expose our But if Republicans want to force a time, and I rise in support of this reso- lives on the front lines? Are we willing decision now, the decision should be lution; in support of basic human to send our children or our grand- and must be that this is a cause and a rights, in support of doing the right children; to not only be exposed to the region in the national interests of the thing for our country and for the peo- danger, with the pretext we are going United States and, ultimately, in the ple of Kosovo. to save the world, but with the idea national security interests of the I welcome this debate, Mr. Chairman, that we may lose our life? That is what United States worth defending. And if yet I fear that in undertaking it, what we have to consider. troops are needed to do that, we should we have done today could have a very Mr. HOEFFEL. Mr. Chairman, I yield support that mission and we should serious negative impact on the current 3 minutes to the gentleman from New support them. sensitive negotiations on a peace plan. Jersey (Mr. MENENDEZ). Mr. Chairman, I urge my colleagues That is why I voted against the rule. Mr. MENENDEZ. Mr. Chairman, now to once again join with us to try to The resolution, however, I pray, will be is not the time to have this debate. Too delay this vote and, if not, then to vote passed; that America, at our shores, much is at stake to risk sending a mes- to send a clear message that America will stand united; that the message we sage of America’s disunity at this crit- stands ready to help in Kosovo. send this day will be that America is ical point in the negotiations. Innocent Mr. HOEFFEL. Mr. Chairman, I yield united in its conviction and in its com- men, women and children, little babies, 2 minutes to the gentleman from New mitment to face tyranny where it finds entire families have been butchered, Jersey (Mr. ROTHMAN). it. children have been orphaned, women Mr. ROTHMAN. Mr. Chairman, the In addition, Mr. Chairman, I am have been raped, 400,000 people have peace talks in Kosovo are predicated on hopeful that we will ratify and support been driven from their homes. That is one very simple premise: The inter- the representations of two American what is at stake here today: human national community must pose a cred- Presidents, President Bush and Presi- lives. ible military threat to enforce any dent Clinton. If we are the leaders of the free peace agreement that is reached be- President Bush said, in his Christmas world, if we are still that brave Nation tween the Kosovars and the Serbs. warning to Milosevic, and I quote, ‘‘In

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.001 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4289 the event of a conflict in Kosovo, to do so with the President of the Mr. Chairman, Kosovo is not Bosnia. The caused by Serbian action, the U.S. will United States. situation on the ground is certainly different in be prepared to employ military force And, indeed, when there was a vote, I many ways, yet both share a common suf- against the Serbians in Kosovo and in tell my friends on the Republican side fering—the scourge of ethnic cleansing, and a Serbia proper.’’ That was George Bush, of the aisle, as to whether or not we common curse—Slobodan Milosevic. The kill- then President of the United States, were going to then deploy those troops ing and devastation in Kosovo, like the ethnic Christmas 1992. in Saudi Arabia into Kuwait, that al- cleansing in Bosnia, are a direct result of the Mr. Chairman, shortly thereafter, the most half of our caucus supported efforts of Milosevic and his thugs to maintain President of the United States, Wil- President Bush. I hope we find that bi- and consolidate their power. liam Jefferson Clinton, recommitted to partisanship today. I hope we follow Mr. Chairman, the United States, NATO and that proposition set forth by George Bob Dole. I hope we commit ourselves the international community have made a Bush; that Milosevic, perceived by this to bipartisanship in foreign policy in commitment to bring peace and long-term sta- Nation as a war criminal, perceived as confronting tyranny. bility to the former Yugoslavia. This is a long savaging the people of Bosnia, if he There are those who say that the United and difficult struggle, and any peace agree- tried to do the same in Kosovo, would States has no strategic interest in Kosovo, that ment will not be effectively implemented with- be confronted by America and, yes, by we have no interest in the ‘‘internal affairs’’ of out NATO muscle. The United States must its troops. another country, that war has become a ‘‘fact lead and take a strong stand against the en- Mr. Chairman, today we hear that of life’’ in the former Yugoslavia. emies of peace. Robert Dole, the candidate for Presi- Mr. Chairman, I submit to you and my col- Mr. Chairman, NATO no longer confronts a dent of the United States in 1996, testi- leagues that helping to resolve the crisis in monolithic enemy. The threats with which it fied before the Committee on Inter- Kosovo, as we have in Bosnia—stopping war must now deal come from terrorism and re- national Relations that we should not in the heart of Europe—is a preeminent stra- gional conflicts—like Kosovo. If we and our tegic and moral interest of the United States. have this resolution on the floor. But if NATO allies are not willing to confront the bul- The crisis in Kosovo, like Bosnia, has the po- we did have it on the floor, as we do, lies in Kosovo and lay the groundwork for tential to ignite the entire Balkan region, that it ought to be passed. long-term peace in that region, we will encour- undoing what we have achieved in Bosnia and That sentiment was shared by Jeane age such bullies and ensure that they will act drawing in already unstable Albania, Mac- Kirkpatrick under President Reagan, again sometime, somewhere, That is the les- edonia and potentially our NATO allies Greece our representative to the United Na- son of history we must not forget. tions, by Richard Perle, an assistant in and Turkey. To those who say that the international Vote for H. Con. Res. 42. the Department of Defense, known as a Mr. GILMAN. Mr. Chairman, I yield 2 community has no interest in the ‘‘internal af- hard-liner, I might say. A conservative. minutes to the gentleman from South Vin Weber, a member of this Congress, fairs’’ of another state, I say that both the Uni- versal Declaration on Human Rights and the Carolina (Mr. GRAHAM). a close friend of the former Speaker, Helsinki Final Act to which the United States Mr. GRAHAM. Mr. Chairman, I thank signed a letter saying that this action is a signatory, hold otherwise. the gentleman for yielding me this that the President proposes should be Fifty years ago, the Universal Declaration on time. If we believe this operation is supported. And, lastly, I cite Caspar Human Rights shattered the idea that national equal to what was going on in Kuwait, Weinberger, Secretary of Defense under sovereignty should shield governments from we should vote ‘‘yes’’. Ronald Reagan. scrutiny of their human rights records. This 1500 Mr. Chairman, America’s strength b concept had long insulated countries from If we see it to be different, then we has, in instances overseas, been our being held accountable for the gross mistreat- ought to ask what are the differences. unit, our unity of purpose, our unity of ment of their own citizens. In the aftermath of I think it is dramatically different. Our conviction. It is clear that the Euro- the Holocaust, the declaration captured the country is about to commit 4,000 young peans alone will not be able to summon world’s revulsion of that traditional view of men and women into a sovereign na- up the political will and, indeed, the international relations and made clear a new tion, in a region in that nation where military strength to confront this norm—how a state treats its own people is of 90 percent of the inhabitants of Kosovo Bully of Belgrade, as referred to by direct and legitimate concern to all states and are Albanian, who are trying to become Senator Dole. is not simply an internal affair of the state con- independent. We are about to get our- I would hope, my colleagues, that we cerned. Thirty years later, the Helsinki Final selves in the middle of a Civil War. come together today, as has Bob Dole Act reaffirmed this principle. and Bill Clinton, Jeane Kirkpatrick Mr. Chairman, the events which have oc- This is not fighting Saddam Hussein, and others, and Richard Holbrooke, our curred in Kosovo since the beginning of last this is interjecting 4,000 Americans perhaps next secretary of the United year are but an escalation of the repression into a faraway place where heartache Nations—come together and say that and brutality the Albania Kosovars have suf- is normal, where tyranny has existed we will confront war crimes when our fered at the hands of the Belgrade authorities before, and will exist after. How do we Presidents commit us to that end; that since 1989 when Slobodan Milosevic unilater- come home? we will support this President and fa- ally revoked the substantial autonomy Kosovo You are asking the Congress to have cilitate the attaining of an agreement. enjoyed under the old Yugoslav Federation. Of a one-way ticket to a region of the Because to facilitate that agreement course, since the beginning of 1998 more than world that is not going to lead to a may not only save lives, but it will 2,000 ethnic Albanians—including women and world war. It is going to be a place save the dispossession of thousands of children—have been killed, many brutally mas- where they will eventually figure out people. The dispossession from their sacred. Hundreds of villages have been de- they can live together, with our help, homes, from their lands. stroyed, and more than 400,000 people have but our help should not include 4,000 Mr. Chairman, this is a great coun- been displaced. Make no mistake about it, this young Americans standing in the mid- try, and I would remind my Republican is ethnic cleansing. dle of people with a lot of hot temper. colleagues that when George Bush To those who say that what is happening in This makes no sense. Piling this on top made a determination to confront tyr- Kosovo is the continuation of centuries old of Bosnia is unbelievably expensive. anny and send troops to Saudi Arabia, ethnic hatreds, and that ‘‘War has become a This is different than Bosnia, this is there was a request on our side for a fact of life in this part of the world,’’ I ask, what different than Kuwait. The American vote. President Bush asked Tom Foley, do you propose? Accept the status quo? Let public does not understand what we are the Speaker of the House of Represent- the opposing factions ‘‘slug it out’’—let the doing or why. And all the big names in atives—and I sat in the room with bloodbath continue? I say this is totally unac- international politics to me have not him—let us not vote now; let us sup- ceptable. Such a course legitimizes the vio- justified why we are there and how we port this policy so we can put together lence—the murder, the ethnic cleansing—and are going to get out. this coalition and bring peace and stop accepts the premise that this is the kind of Secretary Kissinger says this is more this aggression. Speaker Foley agreed world in which we will always live. like Vietnam than it is Kuwait. I hope

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.001 H11MR9 4290 CONGRESSIONAL RECORD—HOUSE March 11, 1999 he is wrong, but I believe he is right. When I got elected in 1992 and began stopping an invasion of our homeland. How many more young men and women service in 1993, this President inherited We have understood in a way that no are going to go in faraway places to get the question of Somalia which Presi- other people in history have that our in the middle of civil wars where there dent Bush had started as a humani- freedom depends on the freedom of oth- is a dubious reason to be there to start tarian rescue effort. President Clinton ers. with and no way home? I hope none of turned that into a national tragedy, a This principle has inspired our great them come home hurt or maimed. Vote loss of our troops as we saw our troops national initiatives, the Marshall Plan, ‘‘no.’’ Stand up for America. drug through the streets of Somalia. the Truman Policy, the democratiza- Mr. HOEFFEL. Mr. Chairman, I yield Where are we in Somalia 4 or 5 years tion of Japan, our fights for freedom in 21⁄2 minutes to the gentlewoman from later? Just a few days ago 60 were Korea and Southeast Asia, the Reagan the District of Columbia (Ms. NORTON). killed in Somalia. doctrine, and most recently the expan- Ms. NORTON. Mr. Chairman, I thank Then we had Haiti, our second experi- sion of the NATO Alliance for which the gentleman for yielding me this ence in nation-building. And what have many in this body, including the gen- time. we done in Haiti? We have traded one tleman from New York, and especially What has become of us, my friends? corrupt government for supporting an- the gentleman from New York, have We may well be on the brink of a peace other corrupt government at the cost been responsible. agreement between the Serbian gov- of billions to our taxpayers. This Presi- The result of this effort is that Amer- ernment and the Kosovo ethnic Alba- dent and this administration opposed ica has made a world in which hun- nian population. Our hearts have been an international pan-African force in dreds of millions of human beings are broken for months now. Yet in the Rwanda before the genocide of our time living in peace and under governments midst of possibility finally, a resolu- took place. That was the experience of their own choosing and working to- tion on this floor to polarize our coun- then, they said no troops then, and gether for their common benefit. Very try as to what it is already doing. We after the genocide we sent our troops few times in this bloody century would have been polarized on domestic issues, into that area. anyone have predicted that it would but I think the American people expect Bosnia. Time and time again we have have ended as well as it does. But it more of us when it comes to our inter- set deadlines for our troops in Bosnia, does, because of the wisdom of the national posture. and our troops are still in Bosnia and United States of America. As I speak, we are erasing the rhet- our troops are spread thin across the Mr. Chairman, we do have an endur- oric of bipartisanship that the major- globe with these deployments from this ing interest in a peaceful Europe. What ity has sounded. Because if we cannot President, this administration. Only happens in the Balkans is important to be bipartisan when our country is in after Congress stepped in and made our security. Indeed we must do all we the midst of what looks like it can be can reasonably expect to do to prevent a successful effort to stop genocide, sure that we micromanaged the mili- further killing and suffering in these then I do not know when we can be bi- tary effort in Bosnia did we ensure that troubled lands. But I cannot in good partisan. We are undermining not war our troops would not be killed, that conscience support the proposed de- but peace. There can be no debate that they would have adequate equipment this is in our national interest, and I and that they would serve under United ployment we are debating today. I be- have not heard that it is not. Nor after States command and not U.N. inter- lieve it has been poorly considered and the Bosnia precedent should there be national command. We have no exit is unlikely to achieve our desired ends. I make this objection on purely prac- any debate as to whether we should go strategy. Our military is stretched to forward now having gotten this far. the limits. When the wives and moth- tical grounds. Its central flaw is that it What has happened to the Albanians ers of our reserve forces call me, I am depends on negotiating an agreement is unspeakable. Milosevic began shut- going to refer them to 1600 Pennsyl- with the Serbia dictator, the very man ting down their language institutions vania Avenue and this President. who is responsible for the Balkan hor- and he has ended with genocide. We Mr. GILMAN. Mr. Chairman, I am rors in the first place. Mr. Chairman, have gone, on the other side, from par- pleased to yield 3 minutes to our dis- he is a brutal killer and we can have no tisanship to isolationism. tinguished majority leader, the gen- confidence that he or his followers will My friends, we cannot lead the world tleman from Texas (Mr. ARMEY). respect any agreement that might be in war or in peace if every time the Mr. ARMEY. Mr. Chairman, let me reached. party on the other side of the aisle thank the gentleman from New York On the other side will be the Kosovar wants to move, you on that side says, (Mr. GILMAN), the distinguished chair- Liberation Army, a new formation ‘‘We don’t move simply because you man of the Committee on International with little experience in these matters. want to move,’’ and that is what this Relations, for bringing this to the Its cause may be noble, but there is lit- comes down to. We are assuming the floor. I must tell the gentleman from tle reason to hope its leadership will be posture you have historically assumed New York (Mr. GILMAN) that this is not able to discipline its members. The and yet now that it is our posture, be- an easy vote for me. Indeed I have agreement will, after all, come far cause it is our President, you have sim- spent most of the last week worrying short of their desire for true independ- ply jumped to the other side, against and studying about this vote and even ence. the national interest. at times trying to come to the point Our troops may thus find themselves I ask you to stand beside our coun- where I could vote in agreement with opposed by free-lance opponents on try, postpone this vote, but, to be sure, you on this proposition, largely out of both sides of this brutal conflict, oppo- I hope that you will not be found on the respect that I have for yourself, the nents undisciplined by any central au- the other side of a vote that would un- gentleman from Missouri (Mr. SKEL- thority. The resulting bloodshed may dermine our country as it wages peace, TON) and others that I have talked to. produce events that are far more desta- not war. But I have to say, it has been a strug- bilizing than those the administration Mr. GILMAN. Mr. Chairman, I am gle. fears today. This could be, Mr. Chair- pleased to yield 2 minutes to the gen- I have always been very proud of the man, another Somalia. For these and tleman from Florida (Mr. MICA). American people, proud that Ameri- other reasons I have heard stated Mr. MICA. Mr. Chairman, I come re- cans love freedom so much that they today, I believe this deployment is un- luctantly to the floor to oppose the use are prepared to risk their peace to de- wise and must be opposed. of United States troops on the ground fend the freedoms of others. Mr. Chairman, we need to take a in Kosovo. I do that because of two rea- Since the end of the last war, we fresh look at our policy towards the sons. First, because of the lack of trust have rightly held a larger vision of our world’s outlaw governments, not just and confidence that I have in this national interest. We do not see it as in Serbia, but in Iraq, North Korea and President, and secondly because of the merely defending our coastal waters, elsewhere. These rogue regimes are pattern of experience. protecting our commercial interests, or without question the greatest security

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.001 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4291 threat we face today. The administra- geant shared with us in testimony be- if stated at all. The goals change in the middle tion response to them has been hap- fore a committee hearing, he has made of the operation. The troops are left without hazard containment efforts, loose arms a spiritual investment in Bosnia and any way of gauging their progress or even vis- control arrangements or other negotia- believes very strongly that we have ualizing the set of circumstances which would tions. Containment and negotiation, done the right thing in trying to help enable them to finally return home. however, can do little to solve the un- keep the peace there. He said because Today our troops are engaged in Africa, derlying problem, the very existence of of our soldiers children now go to Asia, Europe, and South and Central Amer- the regimes. What we need is a new school in Bosnia, can safely play in ica—virtually all over the globe. And they are version of the Reagan Doctrine of the playgrounds without fear of land mines doing a magnificient job with only half of the 1980s, a policy that seeks not to con- or snipers. We have clearly accom- cold war force, and 35 percent fewer re- tain these regimes but to replace them plished the objective of keeping peace sources. The rate of overseas deployments is with democratic alternatives. in Bosnia, and the relationship between up more than 400 percent in this administra- Last year, Congress began to shape the situation in Kosovo and Bosnia is tion alone. Meanwhile, the Joint Chiefs of Staff exactly such a policy towards Iraq with undisputed by those who serve us in stated requirement for an additional $22 billion our passage of the Iraq Liberation Act. our Armed Forces. in defense investment falls on deaf ears at the We need to consider similar legislation I also learned that there are clear White House. for other rogue states, including Ser- limits to what we can hope to accom- Now we learn that there is another crisis bia. I for one reject the idea that the plish in that part of the world, and for that ‘‘requires’’ American intervention. This Serbian people are themselves inher- that reason there must be clear guide- time the call comes not from a threatened ally, ently bent on ethnic warfare. As the lines before we commit troops to any a loyal friend or even a recognized country, large civil liberties protests in Bel- mission, any joint NATO mission, in but from a province within a sovereign coun- grade have shown, they aspire to the Kosovo. Those principles were set out try. When will it end? Or will this new policy same democratic privileges that other by the President in a February 4 ad- or well meaning enlargement, simply encour- Europeans enjoy. dress, and I think we must include age any group with a gripe to choose separa- The problem, Mr. Chairman, is those principles in the resolution that tion over the harder course of honest dialogue Milosevic. Had we followed a deter- will be adopted here today. and true democracy. There is no doubt in my mined policy to change his regime, we Mr. GILMAN. Mr. Chairman, I yield mind that Serbian President Milosevic is a bru- could have vastly improved the pros- such time as he may consume to the tal and oppressive thug who is guilty of crimes pects for peace in the Balkans and lib- gentleman from Utah (Mr. HANSEN). against humanity and genocide. However, an erated the Serbian people as well. It is (Mr. HANSEN asked and was given invasion of his country to embrace a ‘‘county’’ time to begin such a policy now. permission to revise and extend his re- in search of independence can only speed our The lesson of the Cold War should be marks.) sinking into a Balkan quagmire. clear. True peace, justice and security Mr. HANSEN. Mr. Chairman, I rise in Though we would like to think we can, come not from negotiating with inhu- opposition to the resolution. America cannot erase, merely by its presence, man regimes but transcending them. Mr. Chairman, I believe this debate is timely the animosity between religious and ethnic en- Even the most enduring dictatorships and important. Public debate, by those Rep- emies. We cannot cause a love of freedom can melt before the power and the resentatives closest to the people, before our and devotion to democracy to bloom in this ideals of the United States. The power troops are put in harms way, is not a sign of fallow land. We cannot make thugs and ty- of freedom is an ideal shared by all weakness and division but rather a clear re- rants believe that ‘‘it takes a village’’. U.S. people. It can be and must be in the minder that the great power of America comes troops separating warring factions does noth- end larger than any man, no matter not from its government, or its military might, ing to soothe the root cause of the hatred. It how brutal. but from its people and their commitment to only delays the explosion of vengeance and Mr. GILMAN. Mr. Chairman, I thank freedom, peace and democracy. mistrust. As I see it, these conflicts will even- the majority leader for his words with In my recent travels to the Balkans and tually explode. We can only choose whether regard to this issue. Southwest Asia, I have been greatly im- the explosion happens with U.S. troops at Mr. HOEFFEL. Mr. Chairman, I yield pressed by the professionalism of our soldiers, ground zero or not. 2 minutes to the gentleman from Texas sailors, airmen, and marines. They have done With regard to the prestige and effective- (Mr. TURNER). tremendous service to our country with few re- ness of NATO. The only action which weak- Mr. TURNER. Mr. Chairman, the de- wards. They care for their aging equipment ens our most important alliance is this Presi- bate we are entered upon today has the with great pride, though hampered by a wors- dent’s repeated use of empty threats of thera- gravest of consequences for our Nation ening shortage of spare parts and lack of peutic air strikes and endless promises that and for our future. Having recently re- meaningful training. While at home, their loved twenty thousand troops can solve in 1 year— turned from Bosnia, I had the oppor- ones struggle to keep their families together problems which have defied solution for thou- tunity there to learn a little bit about during the many long separations. The military sands. the attitudes present in that region. mission to Bosnia has been an almost flaw- As the American presence lengthens in One thing that I did learn is that our less success. these ‘‘peacemaking’’ and ‘‘nation building’’ allies, our NATO allies, have a strong In contrast, the foreign policy and political missions, the animosity inevitably broadens to commitment to keeping peace in the decisions that so easily put our troops in also be directed at our troops. Soon the ref- Balkans and they feel very strongly harms way is a growing failure. eree is taking blows from both of the fighters. about our willingness as a NATO part- This administration has engaged our troops Our troops must eventually defend them- ner to stand tall with them in this cri- too often, for too long, with too small a budget selves, but in that self-defense they will only sis. I also learned from talking to some and with too little support from the American serve to increase the hate of both sides to- of our military leaders that there is a people, the Congress and the world. Our sol- ward America. In these situations, there is no clear relationship between the situa- diers can stop the fighting, but Bosnia is not resolution for America, but shameful retreat or tion in Bosnia and the developing closer to peaceful, stable government today total war. Has the tragedy of Somalia been events in Kosovo. Our investment in than they were 5 years ago. Remember, the that long ago? I cannot support this flawed po- Bosnia, as one military leader told me, President promised this effort would take only litical effort without a clear goal, a believable is clearly threatened by the develop- 1 year and cost $1 billion. Five years and $10 exit strategy and guarantee that this mission ments in Kosovo. billion later there is no end in sight. will not further degrade fragile military readi- In this new age foreign policy, which re- ness. b 1515 places ‘‘power projection’’ with ‘‘sympathy pro- In this case, the best way to support our I also had the opportunity to talk jection,’’ we find the easier it is for the United troops is to keep them home. with soldiers on the ground who are States to commit its troops into the war zone, Mr. GILMAN. Mr. Chairman, I yield 2 doing an excellent job keeping the the harder it is to get them out. The objectives minutes to the gentleman from Michi- peace in Bosnia, and, as one first ser- of these new entanglements are ambiguous— gan (Mr. SMITH).

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.001 H11MR9 4292 CONGRESSIONAL RECORD—HOUSE March 11, 1999 Mr. SMITH of Michigan. Mr. Chair- since 1995 at a cost of more than $9 billion to and he wants to keep the stranglehold man, I heard somebody on the other the U.S. taxpayer. Roughly 6,900 troops are on the people of Kosova that have no side of the aisle say this is a partisan still in Bosnia, even though President Clinton political rights, no economic rights, no decision. Not so. Republicans have promised that U.S. participation would be lim- human rights. mixed emotions. This is a serious deci- ited to one year. NATO has to lead, and the United sion. Our chairman is voting for the Despite the massive cuts made to our mili- States has to lead in NATO. NATO can- resolution. Some of us question it very tary, we have more troops deployed to hostile not do it alone. If we are not the lead- seriously. It is only partisan if the regions now than during the Cold War. Dr. ers, we will not be successful, NATO Democrats decide that they are going Kissinger made the point that ‘‘each incre- will not be successful, and I say to my to support whatever the President mental deployment into the Balkans is bound colleagues we cannot be in favor of might do. to weaken our ability to deal with Saddam stopping genocide and helping the Al- It seems reasonable that the Presi- Hussein and North Korea.’’ banians if we are not willing to have dent of the United States should come If NATO intervenes with troops in Kosovo, NATO troops on the ground with U.S. to not only Congress, but the American the U.S. can assist its NATO partners with leadership and U.S. participation. This people, and present some of the reasons communications and intelligence support and is in the vital interests of the U.S. We why it is in America’s interest to send back a political strategy aimed at boosting do not want a larger war. our young men and women into this Serbian opposition to Serbian President We need to support the Gilman reso- land of Serbia, into one of the regions Milosevic. However, I will not support Con- lution. It is time to step up to the of that sovereign country called gressional authorization to deploy ground plate. Kosovo, to risk their lives. There needs troops into a civil conflict with a sovereign na- Mr. GILMAN. Mr. Chairman, I yield 2 to be a compelling reason. Dr. Kis- tion to enforce a peace agreement that neither minutes to the gentleman from South singer yesterday said that we might side supports. Carolina (Mr. SPENCE), the chairman of have to bomb our way in and then not Mr. HOEFFEL. Mr. Chairman, I yield our Committee on Armed Services. really know which side is going to 2 minutes to the gentleman from New Mr. SPENCE. Mr. Chairman, I have shoot at us. The President is planning York (Mr. ENGEL). some prepared remarks I would like to to deploy U.S. troops without a clear Mr. ENGEL. Mr. Chairman, I thank make on this subject, but, if I might, I objective or exit strategy. the gentleman for yielding this time to would like to submit my remarks for Before we deploy any troops, we need me. the RECORD and try to sum up how I clear answers to basic questions like As I mentioned before, I think this feel about this very important resolu- how will our presence advance lasting resolution is ill-timed and we should tion we have before us today. peace, and how long will our troops re- not be doing this, but since it is on the Of course, as chairman of the Com- main in the region. Serbs and Alba- floor I rise to support the Gilman reso- mittee on Armed Services, I know that nians have fought in Kosovo, an Alba- lution. each and every Member will support nian-dominated region of southern Ser- Carnage has gone on in Kosova for our men and women in uniform when- bia, for centuries. Conflict in the last too long, and by the way, I say Kosova ever and wherever they are called upon year between ethnic Albanian rebels with an ‘‘A’’ because 92 percent of the to go in harm’s way. That is why I am and Serb police has resulted in over people that live there are ethnic Alba- in opposition to sending ground forces 2,000 deaths. nians and pronounce it Kosova. Ethnic to Kosovo, however my colleagues If the President is not willing to and cleansing and genocide has gone on want to pronounce it. My abiding con- come to Congress, and explain; here is for too long. The butcher of Kosova, cern is for the ability of our fighting the plan, here is the strategy, here is Slobodan Milosevic, continues to kill forces to respond to crises that amount how long we expect to be there, here is people. We continue to see genocide on to real wars. We are right now what we expect American taxpayers to the face of Europe. We cannot sit still stretched thin all over the world with pay; what is going to happen when we and continue to allow this to happen. all kind of commitments. The op start taking out some of our young Until the United States stepped in in tempo is great. We have torn down our men and women in body bags? One Bosnia, we saw 200,000 people eth- forces to the extent that I have very question I had to Dr. Kissinger is why nically cleansed by Milosevic and his real grave concerns about our ability is NATO willing to commit 24,000 of people, murdered, and we are going to to carry out our national strategy of their troops? His answer was partly the see it again unless the United States being able to fight and win two nearly U.S. demand and the U.S. initiative. grabs the bull by the horns. simultaneous major regional contin- Mr. Chairman, we can not be the po- We were told by some on the other gencies, or whatever they call them. lice force for the world. We can not side of the aisle that when U.S. troops We ask our military leaders are we keep spending the Social Security went to Bosnia there would be many, capable, what is our position, our read- trust fund money. One day, if we are many American casualties. That has iness from the standpoint of being able not careful we will not even have these not happened. It will not happen in to carry out this mission, and they tell options of helping those in need. Kosova, but we will prevent innocent us that they can do it, but the risk will While some remain optimistic about the po- civilians from dying. be high to moderate. Mr. Chairman, tential peace agreement, I have serious res- I support independence for the people high to moderate means hundreds of ervations. Ethnic Albanian leaders in Kosovo of Kosova because I believe that is the thousands of casualties I am not pre- have said that they will settle for nothing less only long-range plan that works, they pared to take. than independence. Serbia refuses to sign an are entitled to the same things that we Mr. HOEFFEL. Mr. Chairman, I yield agreement which dismembers the country. As hold dear, they are entitled when 2 minutes to the gentleman from Texas Dr. Kissinger stated, ‘‘the projected Kosovo Yugoslavia broke up the former Yugo- (Mr. HALL). agreement is unlikely to enjoy the support of slavia, the Croats, and the Slovenians, Mr. HALL of Texas. Mr. Chairman, I the parties involved for a very long period of and the Bosnians, and the Macedonians rise today to express my dire concern time.’’ all had the right to independence and and the concern of many of my con- The long history of the ethnic conflict in the self-determination. The Kosovar Alba- stituents in my district and in my Balkans makes a lasting peace in Kosovo un- nians should have that same right. State regarding any further deploy- likely, with or without a NATO presence. If our This agreement does not do that, but ment of U.S. troops to Kosovo. I would goal is to quell the hostilities that have per- at least it stops the killing, it stops the like to thank the Speaker for providing severed for centuries, than we will find our- ethnic cleansing, it gives them half a us with the opportunity to state our selves in the same situation that we face in loaf. beliefs at this time on this controver- Bosnia, where our troops deployed for an un- Milosevic does not want it. He does sial issue, and I thank the gentleman limited amount of time, with no end in sight. not want U.S. troops or NATO troops from Pennsylvania (Mr. HOEFFEL) and U.S. troops have been in Bosnia-Herzegovina because he wants to keep the killing the leadership of my party for giving

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.001 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4293 me this opportunity to differ with my Henry Kissinger, those mountains of I oppose sending our troops to Kosovo. party on this very important item. the past in foreign policy and, more However, I strongly support the Speak- I have always supported our uni- important, in United States policy. er’s call for debate on this issue. formed service members and will con- As my colleagues know, Mr. Chair- Enough is enough. We can no longer tinue to do so, but I just cannot sup- man, there are people around the world expect some of the Nation’s finest men port the deployment of our sons and that will watch what we do. They will and women to travel halfway around daughters to locations around the watch what we do, and they will watch the world to accomplish a mission world where we, as an administration, how we act. They realize, as we do, without objectives. we, as a Congress, we, as a country, that as we see more and more evidence Mr. Chairman, my district, the 8th of have not explicitly spelled out our ob- of genocide on the TV, that we reach North Carolina, is steeped in military jectives. out not necessarily because of national tradition. We hail Fort Bragg and Pope Do I regret suffering around the interests, but because of injustice, in- Air Force Base as our own, two instal- world? Of course. Everyone here does justice in a region where we have seen lations that have sent their fair share on both sides of the aisle. But would I martial law take doctors and teachers into combat. I visit these bases fre- sacrifice one American life for all of and eliminate their profession. quently and I am sure these young men Bosnia, Iraq or Kosovo? I absolutely We have many questions to find an- and women I speak to there are no dif- would not without a true national in- swers to. I am hopeful that the resolu- ferent than the million and a half sol- terest, or a plan to successfully enter, tion that we have got we can perfect diers we have stationed all over the a plan to successfully succeed and a and that we can have unanimous sup- world. plan to successfully leave. port, but until that point we have a What amazes me every time I speak Originally the administration as- tremendous amount of work to do, and with these young soldiers is, without exception, the can-do spirit they dem- sured Congress that it would not send this administration has a tremendous onstrate. They so quickly forget the troops to Kosovo without first pro- number of questions to answer. sacrifices we asked of them yesterday viding this body a chance to consider Mr. HOEFFEL. Mr. Chairman, I yield to accept the challenges of tomorrow, such an action, but the administration 2 minutes to the gentleman from North never once questioning why their gov- knows that this Congress will always Carolina (Mr. PRICE). ernment continues to ask for more support our troops once they are de- Mr. PRICE of North Carolina. Mr. ployed, so off they went. And I would while giving less. Chairman, at least 2,000 people have In the forty years leading up to 1990, like to ask the President what is our been killed and 400,000 have been dis- the United States deployed our troops strategy in Kosovo, what are our objec- placed over this past year by Slobodan 10 times. Since then, in only nine tives, how long are we going to keep Milosevic’s genocidal campaign of vio- years, this country has deployed more our men and women in uniform away lence and human rights abuses against than 25 times; 19 under this adminis- from their families, what action dic- the 2 million ethnic Albanians in tration. tates their return and, finally, what is Kosovo. The peace process now under- Mr. Chairman, today I am doing what the overriding national interest in way represents our best hope for end- all of our men and women in this serv- Kosovo that has prepared him to risk ing this bloodshed. We do not know if ice proudly resist. I am asking why? I the life of a single American. this peace process will succeed, but we am asking why do we continue to send In 1996 there were 15,000 American do know that NATO is the best and our troops on missions navigated by an soldiers in Bosnia. Today there are still most credible peacekeeping force, and administration with seemingly rud some 7,000. We promised our troops an we know that U.S. participation may -derless foreign policy? end to Bosnia, yet they remain a bro- be critical to the viability of NATO op- Nearly 20 years ago, Secretary of De- ken promise. At some time we are erations. fense Caspar Weinberger laid out a doc- going to have to keep our promises to b 1530 trine of criterion that must be met be- the young men and women of arms of fore our forces are sent into combat. this country. A vote at this point against author- Is a vital national interest at stake? Mr. GILMAN. Mr. Chairman, I yield 2 izing the deployment of troops will em- Will we commit sufficient resources to minutes to the gentleman from North bolden Milosevic, disrupt the peace win? Will we sustain the commitment? Carolina (Mr. BURR), a member of our process, and call into question our Are the objectives clearly defined? Is Committee on International Relations. commitment to NATO. there a reasonable expectation that the Mr. BURR of North Carolina. Mr. It used to be said, Mr. Chairman, public and Congress support the mis- Chairman, I thank the gentleman for that politics stopped at the water’s sion? Have we exhausted our options? yielding this time to me. edge. It used to be that if a President And I would add we must have a clear I had remarks to make, and I cannot said, as this President has, that a divi- exit strategy. make them. As I have sat here, I found sive vote of this sort would undermine Mr. Chairman, on the eve of yet an- that this is an ever-changing process delicate negotiations and would harm other deployment I ask my colleagues and some are not relevant. I would national security, that that vote would to join me in sending the administra- only say to many of my colleagues who be deferred. tion a strong message. Do not approve, suggest that this is ill-timed, to debate This raw display of partisanship, this do not send our troops to Kosovo. whether we send troops is not ill- calculated attempt to undermine the Mr. HOEFFEL. Mr. Chairman, I yield timed. It is, in fact, a debate that I be- President, and this reckless disregard myself 2 minutes. lieve our process demands. for the consequences of our action are Mr. Chairman, I rise today to express That process also demands us to ask unworthy of this body and should be re- my support for this resolution and for questions like my colleague from jected. the attempts to bring peace and sta- Texas just asked: Does a deployment to This resolution should not be on the bility to Kosovo. While valid questions this region make us too thin for the floor in the first place, and bringing it have been asked whether or not this is mission of protecting our national in- up is an irresponsible act. But since it a reasonable time to debate this issue, terests? What is our exit strategy? Will is before us and since the delicate we now must act and send a message to a peace agreement that may be reached peace negotiations are at risk, the only Milosevic and to the world community be agreed to by both sides? These are responsible vote is yes. that enough is enough. legitimate questions that we need an- Mr. GILMAN. Mr. Chairman, I yield The U.S. must demonstrate leader- swers to before we agree to anything. 11⁄2 minutes to the gentleman from ship. We can only help bring about de- I found myself going through this North Carolina (Mr. HAYES). mocracy, peace and stability, the cor- process when I sat down with people Mr. HAYES. Mr. Chairman, I rise in nerstones of our society, if we engage, that I have a great deal of confidence opposition to House Concurrent Reso- if we send troops, as part of a NATO in: Senator Dole, Jeane Kirkpatrick, lution 42. This is not a partisan issue. peacekeeping force.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.001 H11MR9 4294 CONGRESSIONAL RECORD—HOUSE March 11, 1999 Mr. Chairman, our purpose in sending volvement where we can make a dif- Treaty was right. Why? Was it because troops if a peace agreement is reached ference. Kosovo fits that category. I sat in rooms behind closed door? No. is clear, to help implement and enforce I want to say very clearly, unambig- Because I walked the streets of Sara- that peace. We must not shrink from uously, I respect everyone’s position on jevo and talked to the people there who this responsibility. We must not allow this. This is one of the harder, more said, please help us. politics to undermine our leadership difficult issues that we have to decide, I, too, do not want to see American abroad. We must stand tall. and we need to listen to all sides, obvi- lives lost. I do not want to send young Just yesterday, as I sat as a member ously, as we work through this policy men and women in harm’s way, but I of the Committee on International Re- decision. say we have got a wonderful bunch in lations, I heard Ambassador Kirk- I intend, Mr. Chairman, to vote for H. the military, proud, determined, fine. I patrick say that it is important for Con. Res. 42 as introduced. I think think we should get behind them in a Congress to vote yes. I urge all of my many of us do have some misgivings bipartisan way, Mr. Chairman, and sup- colleagues to do so. about our own Commander-in-Chief. It port this resolution but let us not do Mr. Chairman, I reserve the balance is very often not said but thought, but danger to the peace operations that are of my time. we need to factor in that fact. going on. Mr. GILMAN. Mr. Chairman, I yield 3 I do believe this is the right thing to I rise in support of H. Con. Res. 42. This minutes to the gentleman from New do at this particular time. Failing to resolution authorizes the President’s use of Jersey (Mr. SMITH), the distinguished participate could mean a further approximately 4,000 troops for a peace- chairman of our Subcommittee on slaughter, perhaps on a larger scale, of keeping operation with Kosovo. International Operations and Human innocent civilians in the Balkans. Fail- This Body can send an invaluable message Rights. ing to participate could lead to a re- to the peace negotiations, which begin next Mr. SMITH of New Jersey. Mr. Chair- newed Balkan conflict which could week. In sending our troops we signal our will- man, I rise in support of the resolution spread to neighboring Macedonia and ingness to participate as partners in peace. In before us. Frankly, the administration, elsewhere. Failing to do so will send a sending our troops we signal our continued re- the Congress, our allies and the inter- signal that the United States will not solve to see that all of the people of the Bal- national community as a whole have take the lead, even when matters of kans enjoy the benefits of their human rights. no easy choices regarding Kosovo. principle are being challenged, when In sending our troops we signal our willing- Many of our colleagues agree that people are being killed in droves, to the ness to be accountable to our NATO commit- the United States has the responsi- detriment of NATO and the other alli- ments and to the world as its sole remaining bility to assert its leadership in the ances we have around the world. super power. If this Body fails to adopt this resolution now world. In asserting this leadership role, This is a resolution that I think de- it would be interpreted as a vote of no con- I believe that it is in the interest of the serves support and I hope Members will fidence for our foreign policy in the Balkans. It United States to include protection of consider doing so. would send confusing signals about our na- human rights, especially the mitiga- Mr. HOEFFEL. Mr. Chairman, I yield tional resolve to persevere to friend and foe tion of atrocities and the cessation of 2 minutes to the gentlewoman from alike. I wish we were not considering this bill slaughter, and this sometimes requires Texas (Ms. JACKSON-LEE). in the middle of the peace talks in Kosovo. But the prudent use of force. Ms. JACKSON-LEE of Texas. Mr. if we are to consider this resolution let us send As we debate the deployment of Chairman, I rise this afternoon to save a clear signal of America’s resolve to be a American troops in Kosovo, however, lives. I rise in particular to acknowl- partner for peace. those of us who had advocated last edge the gentleman from New York The conflict in Kosovo has caused great summer and in the fall that NATO (Chairman GILMAN), and the ranking human suffering and if left unchecked this should intervene, not as peacekeepers member, the gentleman from Con- conflict could potentially threaten the peace but peacemakers, to stop the Serbian necticut (Mr. GEJDENSON) for realizing and stability of Europe. Despite the serious- offensive against innocent civilians in the importance of this commitment. ness of this conflict there are those who op- Kosovo feel that we have lost some I would, however, disagree that we pose the use of troops. I wonder if those who very significant ground. should even be on the floor today pre- are opposed to the use of troops are paying NATO has threatened to intervene cipitously raising this issue, because I attention to the daily reports of atrocities, as time and time again and its credibility believe that we still have the oppor- some 2,000 people have been killed. Are regrettably has been tarnished by inac- tunity for a peace agreement, and we those in opposition to the use of our troops lis- tion. Innocent lives have been lost as a should have awaited what the details of tening to the international aide workers who result of indecision, and now one of the that peace agreement would be. are trying to aid the thousands of refugees seemingly only alternatives is the de- There is not one American, Mr. fleeing the war-ravaged province. ployment of NATO forces, including Chairman, that has not acknowledged Tension in this ethnic Albanian region has our own troops, in an environment in and has not shared in the hurt and the been increasing since the government of which one side or another may test pain of the disaster in Kosovo and the Yugoslavia removed Kosovo’s autonomous NATO’s resolve. terrible strife between Albanians and status. Belgrade’s decision came without the Many of us felt the same frustration Serbs; there is not one. There is not approval of the people of Kosovo, which has regarding the United States, policy to- one that has not watched the blood- a population consisting of 90% ethnic Alba- wards Bosnia. The Dayton agreement shed, has seen the reports of massacres, nians. Several human rights groups have of late 1995 was no substitute for ac- seen the untold graves that have been made ominous reports of Serbian forces con- tion. Even just lifting the arms embar- discovered, there is not one American ducting abductions and summary executions. go might have made a significant dif- that does not realize that we hold a These reprisal killings and the continued ference in stopping that genocide in very privileged position in this world. human rights violations gives rise to the spec- those early years. It is one where others look to us. ter of ethnic cleansing. At yesterday’s hearing in the Com- Mr. Chairman, I do not come here out The United States and its allies need to take mittee on International Relations re- of guessing, reading news articles and concrete steps to ensure that this continued garding Kosovo, Senator Bob Dole and looking at news reports. I went to Bos- violence in the Kosovo region does not spread Ambassador Jeane Kirkpatrick made nia. I went there on behalf of the Presi- to Albania, Macedonia, Greece, and Turkey. In very convincing arguments for partici- dent at the start of us trying to deter- supporting the President’s use of troops, this pation in a peacekeeping force. I have mine how we in this Congress and the body would signal a determination to take sympathy with those who take the side United States could best respond to the proactive measures in the Balkan region and that Former Secretary of State Henry terrible plight of innocent people, encourage an immediate peaceful resolution Kissinger made about not being in- women and children. to the conflict. volved in all of the conflicts around the It was my belief, my heartfelt and Mr. Chairman, this bill expresses the sense world. We must, however, consider in- studied belief, that the Dayton Peace of the United States Congress that it deeply

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00036 Fmt 0688 Sfmt 9920 E:\BR99\H11MR9.001 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4295 deplores and strongly condemns any loss of It is not in our interest that war Congress certainly hasn’t shown similar reti- life or the destruction of property. In sup- criminals have that kind of power. As cence to use its appropriation powers, or its porting this bill this body does not choose we all know, when one stands up to a power to tax, or its power to regulate. sides but indicates a willingness to choose the bully they back down. This is our op- Personally, I have carefully considered the side of human rights and human dignity. portunity to stand up to that bully. He merits of using American troops as policemen Mr. Chairman, I urge my colleagues to sup- should not be given the kind of credi- in Kosovo. I have come to two simple conclu- port this bill and continue the U.S. role as a bility he has been given. He cannot sions. active participant in the Balkan peace process. compete with us militarily, and he un- First, the job of a soldier is not to act as a Mr. HOEFFEL. Mr. Chairman, I yield derstands that we are acting out of referee, an arbiter, a builder of societies or na- the balance of our time to the gen- principle; that if we act, if we lead, the tions, or a policeman. The job of a soldier is tleman from Virginia (Mr. MORAN). rest of the European powers will fol- to protect America’s interests by destroying Mr. MORAN of Virginia. Mr. Chair- low. He is counting, though, on the America’s enemies on the battlefield. It is even man, it is in our interest to engage in U.S. Congress doing the politically ex- more insulting to ask a soldier to serve as a Kosovo. It is in our interest because pedient thing by tying the President’s policeman under the aegis of some inter- the reason we enjoy world peace and hands and refusing to stand up to him. national organization instead of the American domestic prosperity is that we gain We need to do the right thing in flag. Such actions do nothing to further vital from worldwide peace and prosperity Kosovo today because if we do not do American strategic interests. The role of such more than any other nation in the the right thing in Kosovo today, to- international groups is to perpetuate them- world today. If there were war and de- morrow it will be some place else be- selves by talking, sopping up U.S. tax dollars, pression in Europe we would pay the cause other bullies around the world and satisfying the goals of some committee of higher price. We are the leader of this will be empowered by Milosevic’s suc- leaders more concerned about the shape of free world because we have defined our- cess in Kosovo. They will learn from the table they are sitting around that with the selves as a principled nation; because this that the United States is not as interests of the United States. we believe in democracy and free enter- determined, we are not as resolved, we The second conclusion I have come to is that no amount of American involvement in prise and freedom of expression and re- are not as principled that we are not Kosovo is going to eliminate ethnic conflicts spect for human rights. And because we the same Nation that rebuilt Europe that have raged for centuries. We’ve been try- do more than just believe in it and talk after World War II. ing to resolve this problem for three years and about it. We are willing to stand up for The fact is we are the same Nation. have gotten nowhere. The 4,000 American those principles. We must be the same Nation. We must troops serving in a NATO occupation are ex- One might say we do not belong in not allow this situation to implode so actly where they started. In a few short years, the Balkans, that we have nothing to that we enter the conflict after thou- Kosovo will take its place in history books do with the Balkans. To say that, sands more people have died and when along with Bosnia, Haiti, and Somalia as ex- though, we would have to conveniently our troops will be subjected to far amples of a foreign policy that has no prin- ignore the fact that two world wars greater danger. Do the right thing in cipled framework, and which bounces from were started in the Balkans, but we Kosovo today. one so-called crisis to another, as a drunk cannot ignore it because the reason Eu- The CHAIRMAN. All time of the gen- bounces off the walls going down a flight of rope is stable today is that we invested tleman from Connecticut (Mr. GEJDEN- stairs. after World War II to make sure that it SON) has expired. The gentleman from The only people who will rate this action a would not come apart; that it would New York (Mr. GILMAN) has 1 minute success are the foreign policy bureaucrats in not be taken over by fascists. We did remaining. the Clinton Administration. Because their for- that through the Marshall Plan. We did Mr. GILMAN. Mr. Chairman, I yield eign policy is not saddled with the burden of it through investing in the European such time as he may consume to the concrete goals and objectives, they therefore powers, and we did it by establishing gentleman from Georgia (Mr. BARR). can—and will—define anything as a ‘‘success’’ the North Atlantic Treaty Organiza- Mr. BARR of Georgia. Mr. Chairman, whenever pollsters tell them the ‘‘public’’ tion, NATO. I rise in opposition to the resolution needs a dose of ‘‘success.’’ This is not a rec- We established NATO, have invested for military involvement in Kosovo. ipe for measured military action; it is a recipe in it sustained it, and must lead it. The Mr. Chairman, I rise in opposition not only to for failure, as defined by sound historical nations of Europe depend upon the this resolution, but to the principle of gov- standards of politics among nations. Doubt- strength of our leadership. A free erning that has brought it to the floor today. lessly, as this operation sputters to close— democratic Europe might not exist As we all know, this resolution binds no whenever that might be—it will be praised in today if it were not for the United one; it is fundamentally meaningless. Its pas- panel discussions and campaign speeches as States, and it might not exist as free sage or failure may make a sound, but that a resounding success, when the facts indicate democratic states in the future if we do sound will not be heard outside this chamber. it was a tremendous waste of time, resources, not lead through NATO in defense of Right now, American troops are deployed all prestige, and possibly lives. democracy and human rights. over the globe on missions of dubious value However, no matter how strong my feelings The other countries of the world rec- with questionable rules of engagement. We on this issue are, I’m willing to agree that sen- ognize they have to look to us for lead- will do our business here today, close the sible people can disagree over the merits of ership. They also have to look to us be- doors, turn out the lights, and go home; yet military action in Kosovo. What I am not willing cause we are the principal military American troops will still be deployed all over to do is agree that Congress should have a power in this world. We have the capac- the globe, on missions of dubious value, with non-binding vote on this matter, wash our ity to enforce peace, and the moral questionable rules of engagement. hands of it, move on to other issues that test compass to insist that it be a prin- We can listen to college professors, govern- better in focus groups, and then periodically cipled peace. ment bureaucrats, diplomats, and pundits talk return to this issue when bullied by the Admin- We should not be empowering a war about international law for days. However, istration into pouring more money into it. criminal, a bully, somebody who has once they’re silent, we’ll still be left with the Right now, our soldiers are risking their lives gained power by using the situation in cold, hard fact that it is our job to determine in a country many Americans have never Kosovo to divide Yugoslavia and to ap- when to commit American troops to military heard of. My constituents feel very strongly peal to the Serbian peoples’ worst in- action. about this issue. Sadly, their opinions will not stincts. Once again, we seek to tiptoe around a be a part of American foreign policy. While I He took away the autonomy of tough decision. We’re trying to avoid doing our urge a no vote on the resolution today, it is far Kosovo in the late 1980s and Milosevic job so we won’t sustain any political damage more important for Congress to reassert its knew exactly what he did. He bred that might come as a side effect. role in determining when and where American upon the hatred of ethnic fears. He What are we afraid of? The Constitution forces are committed. To do otherwise is to used Kosovo to rise to power and he gives us—the Congress—exclusive power to knowingly reject a specific, constitutional, and wants to use Kosovo to stay in power. commit American military forces to action. moral duty.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.001 H11MR9 4296 CONGRESSIONAL RECORD—HOUSE March 11, 1999 Mr. GILMAN. Mr. Chairman, I yield we have learned that if the United States rity alliance in our Nation’s history. But like all as much time as he may consume to wants things to happen, we have to lead; and successful institutions, NATO must adapt to the gentleman from California (Mr. if we want to be the leader among our allies, the new challenges it confronts. HORN). we have to participate. In the post-cold-war Balkan world, ethnic Mr. HORN. Mr. Chairman, I commend As Senator Dole told us yesterday, if we conflicts know no boundaries. Violence in the chairman of the Committee on want to remain the ‘‘leader of NATO,’’ the Kosovo greatly jeopardizes the fragile peace International Relations for bringing ‘‘United States cannot ignore serious threats in neighboring Bosnia and Macedonia. It also this resolution to the floor. to stability in Europe.’’ I think the U.S. should threatens to place Greece and Turkey—our The conflict in Kosovo is taking remain the leader of NATO, and I will, there- NATO allies—at odds with each other. Without place within a sovereign nation. If we fore, vote for this resolution, as amended by peace in the Balkans, NATO’s credibility as a are going to go to war with a sovereign GEJDENSON and others. guarantor of peace and stability in Europe is nation, we ought to provide a declara- Mr. BORSKI. Mr. Chairman, I rise today to at risk. tion of war. That is what the Constitu- express support for the peace process in We are at a crucial juncture today in this tion of the United States would have us Kosovo and our troops in the Balkans. Failure delicate and complex peace process. All par- do. I think all of us in this Chamber to pass this resolution would seriously hamper ties will reconvene on Monday, March 15, to know that Serbian leader Milosevic is a the efforts of the United States to seek a hopefully achieve an agreement. Any actions war criminal that should be tried by an peace agreement in Kosovo. taken by Congress between now and next international tribunal. The issue here Ten years ago, Slobodan Milosevic stripped week will have a profound impact on the final today is, by what criteria should Con- Kosovo of its autonomy—an action which pre- outcome of the peace process. gress and the President of the United cipitated the collapse of Yugoslavia and ethnic Fortunately, the U.S. and its allies are nego- States judge whether American troops violence throughout the Balkans. Since that tiating from a position of strength. Thanks in should go there? time, the Kosovars have been struggling to at- large part to the efforts of Bob Dole, the tain self detemination—a principle we cherish Kosovars are reportedly united and ready to b 1545 so deeply here in the United States. Milosevic sign a peace agreement. Clearly, the pressure When is the success known by Amer- has responded with brutality, using the Yugo- is now on Milosevic to make concessions and ican troops sent to Kosovo? The Presi- slavian army to crush the aspirations of the sign on the dotted line. But if we fail to approve this resolution, the dent repeatedly broke promises regard- Kosovars. His forces have terrorized and mur- pendulum will shift the other way, and possibly ing the length of service in Bosnia be- dered innocent civilians and forced thousands destroy all hopes of achieving a peace agree- fore admitting our troops will be there from their homes. Indeed, the region today is ment. Defeat today would clearly strengthen indefinitely. Are they going to spend 50 on the verge of massive violence and human Milosevic’s hand, diminish our ability to keep years in the Balkans around Kosovo to suffering. the Kosovars united and greatly weaken our bring peace as we have in Korea? Korea The U.S. is currently leading international position of leadership in NATO. was where another Nation invaded negotiations to achieve a peace agreement South Korea. Peace in Kosovo is not a Democratic or Re- between the Serbian Government and publican priority—it is in the interests of all of This is the time to ask the President Kosovo’s ethnic Albanian population. America to face up to the tough questions and us who support the values of freedom and the and its allies have given Milosevic every op- growth of democracy. I would remind my Re- give us the answers to the questions portunity to resolve this conflict through peace- that have been submitted to him. I publican colleagues that President George ful means. We are not asking him to grant Bush in 1992 took forceful steps to warn would keep American troops out of anything new to Kosovo—only to restore the Kosovo. Milosevic against the use of force in Kosovo— autonomy that we stripped from Kosovo in an action supported in a bipartisan manner by Mr. SPRATT. Mr. Chairman, we should not 1989. Yet Milosevic remains resistant to an Congress. I would certainly hope that this be asked to vote on this ill-timed resolution, agreement and the presence of an inter- same bipartisan spirit would prevail on the asked to sign a blank check for this deploy- national peacekeeping force to implement it. floor today. ment; and were it not for the consequences, I Without forceful diplomatic effort from the U.S. Mr. Chairman, instead of sniping at the for- would not vote for it, certainly not in the form and our allies, peace will never be achieved in eign policy of our President, we should be ex- it comes to us. But if at this critical point, we Kosovo. pressing our strongest possible support for the vote down this resolution, the winner will be Mr. Chairman each member of this body men and women of the U.S. Armed Forces. Slobodan Milosevic. He will read our action as has reservations anytime we commit U.S. They will not go to Kosovo if there is no his warrant to act with impunity, to stonewall troops to peacekeeping forces, or to any de- peacekeeping agreement to enforce. But the peace negotiators and move with vicious ployment in a potentially hostile area. In fact, should they be called upon to serve in aggression against Kosovo. The best we can I have always believed that our European al- Kosovo, our troops should know that they are make of the choices before us is to vote for lies should commit a higher proportion of the strongly supported by Congress. the Gejdenson-Turner Amendment, and make peacekeepers in the Balkans. Fortunately, the Mr. HORN. Mr. Chairman, earlier today I ex- this resolution turn on the achievement of a Kosovo plan takes a step in that direction by pressed my views on why the American mili- genuine peace agreement. calling on our European allies to contribute tary should not be sent to Kosovo. I would gladly vote for more conditions, for over 24,000 troops—86 percent of the total The conflict in Kosovo is taking place within conditions like those proposed by Mr. COX and force. a sovereign nation. If we are going to go to Mr. NETHERCUTT in the amendments they filed While U.S. troops would comprise, a small war with a sovereign nation, we ought to pro- in the record. At the very least, before we portion of the overall force, the absence of vide a declaration of war. That is what the send ground troops, we should know: are they U.S. troops in a NATO peacekeeping force Constitution of the United States would have peace-keepers or peace-makers? The words would have great consequences. NATO’s us do. I think all of us in this Chamber know sound similar, but the missions differ dramati- members continue to look to the U.S. as a that Serbian leader Milosevic is a war criminal cally. I am opposed to sending ground troops leader—imagine the consequences of not hon- that should be tried by an international tri- to be peace-makers. But if a durable agree- oring our obligations as leader of this security bunal. The issue here today is, by what cri- ment is reached, I can support, reluctantly, the alliance. If we fail to respond to new chal- teria should Congress and the President of the deployment of our troops as peace-keepers. I lenges in the Balkans, our allies will leave the United States judge whether American troops say ‘‘reluctantly’’ because if there were a rea- Balkans. If we abandon our responsibilities in should go there? When is the success known sonable division of labor between us and our the alliance, we greatly jeopardize our national by American troops sent to Kosovo? The European allies, they would take on this mis- interests in Europe, and weaken our leader- President repeatedly broke promises regarding sion. We have at least made the minor prece- ship role in the world. the length of service in Bosnia before admit- dent of committing only 4,000 troops out of a As a new member of the House delegation ting our troops will be there indefinitely. Are force of 28,000. to the North Atlantic Assembly, I have been they going to spend 50 years in the Balkans Like everyone in this House, I would prefer studying our role in NATO in the post-cold-war around Kosovo to bring peace as we have in to send none. I would prefer not to put any of world. We recently celebrated the 50th anni- Korea? Korea was where another Nation in- our young men and women in harm’s way. But versary of NATO—the most successful secu- vaded South Korea.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00038 Fmt 0688 Sfmt 9920 E:\BR99\H11MR9.001 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4297 This is the time to ask the President to face nocent Kurds have been killed in Turkey’s at- has no boundaries. There is a strong possi- up to the tough questions and give us the an- tempt to destroy the terrorists of the PKK? bility that the current fighting in Kosovo could swers to the questions that have been sub- Why have American peacekeepers not been trigger a chain reaction of conflict that might mitted to him. I would keep American troops dispatched to Sierra Leone, where the killing engulf the entire region. A spreading conflict out of Kosovo. continues? Why were international peace- could re-ignite fighting in neighboring Albania The President has failed to explain the ur- keepers not part of the Irish or Basque peace and destabilize fragile Macedonia where the gent national interest which requires the intro- agreement? What makes Kosovo different? UN peacekeeping force mission has ended. In duction of U.S. forces into Kosovo. He has Let us keep American troops out of Kosovo. addition, our NATO allies Greece and Turkey, failed to even attempt a full explanation of this If lives are to be in harm’s way let the Euro- longtime adversaries with historical ties to both policy to Congress. The Constitution has given pean members of NATO handle regional con- sides, could also be brought into the conflict. Congress a clear role to play which the Presi- flicts in their own backyard. Increasing hostilities would cause massive suf- dent has ignored. Mr. CROWLEY. Mr. Chairman, for the past fering, displace tens of thousands of people, The Administration argues that if the House decade, ethnic Albanians of Kosovo, a prov- undermine stability throughout South Central votes against authorizing its experiments in ince of Serbia, the dominant republic of Yugo- Europe and directly affect our key allies in the peacebuilding today, it will undercut ongoing slavia, have fought a courageous campaign to region. negotiations and perhaps even lead to more regain the rights they had taken away by As we have learned in Bosnia and seen in bloodshed. This is insulting. It is the Adminis- Yugoslav President Slobodan Milosevic who in Kosovo, the only language that President tration’s refusal to consult with Congress and 1989 stripped away the autonomy they had Milosevic understands is that of force. Addi- its inability to form a strong policy against Ser- enjoyed under the Yugoslav Constitution. tionally, what we have seen in the former bian aggression that has led to the debate Milosevic, the architect of this crisis who also Yugoslavia in the last decade is that it is very today. The Administration has rejected all at- produced the Bosnian tragedy, and presided difficult to stop internal conflicts if the inter- tempts by Congress to assert its Constitutional over the dissolution of what was once Yugo- national community is not willing to use force. role on every occasion it has put our forces in slavia, has brought poverty and misery to his The United States must be willing to show Mr. harm’s way without a clear explanation of its own people and has sown the seeds of stri- Milosevic that we will not stand idly by while mission or on what our forces were supposed dent nationalism throughout the Balkans. his forces systematically murder and displace to accomplish. The current objections by the Milosevic has met all attempts to reach a innocent civilians. White House are more of the same rhetoric peaceful settlement with the ethnic Albanian President Clinton once said that the United from an Executive Branch derisive of consulta- community with forceful vengeance and re- States is the world’s indispensable nation. I tion with Congress. pression. President Milosevic escalated this strongly believe this to be true. Our country The conflict in Kosovo is taking place within campaign of terror about one year ago when has a moral obligation to stand up and act a sovereign nation. Intervention in Kosovo, he launched a brutal crackdown on the major- when innocent civilians are being murdered even following an agreement forced upon both ity Albanian population. Civilians were terror- and their basic fundamental rights are being sides, is the intervention in a civil war to medi- ized, tortured and murdered by Serbian police violated. As the leading voice in the world for ate between two sides which we are trying to and military forces while hundreds more were democracy, respect for the rule of law and force into an agreement that will require our driven from their homes. This systematic cam- fundamental human rights, we are sometimes forces to uphold. paign of repression manifested itself this past confronted with difficult decisions. This I believe, is one of those decisions. By what criteria would the President judge January, when Serbian security forces brutally And while I do not take lightly the decision to success in this mission whereby American massacred 45 Albanian citizens in the village dispatch our armed forces abroad, I strongly troops could be recalled from Kosovo? The of Racak. believe that the United States must lead the President repeatedly broke promises regarding Spurred on by Milosevic’s campaign of ter- efforts to halt the bloodshed and violence in the length of service in Bosnia before admit- ror, the United States and its European allies Kosovo. ting that our troops will be there indefinitely. initiated peace talks between the two sides Mr. BONILLA. Mr. Chairman, our responsi- Once a peacekeeping force enters Kosovo to which ended with both agreeing to resume ne- bility is to protect America. Our responsibility uphold a forced agreement, that force will gotiations on March 15. As part of a proposed is to act prudently before placing any of our serve indefinitely unless Congress acts to re- peace agreement, the United States would fellow Americans in harm’s way. We have no sponsibly to restrict yet another open-ended contribute 4,000 American troops to an inter- responsibility to referee bloody disputes wher- commitment to achieve nebulous goals. national peacekeeping force of 28,000 that ever they crop up. While the House debates the commitment of would be responsible for implementing the The fuse on Kosovo has been lit. The Serbs forces to Kosovo, we are also wrestling with provisions of the peace accord. have no interest in relinquishing their historic the question of funding our armed forces, This possible deployment of American claims on the territory. The Albanians speak forces stretched thin by multiple commitments troops to Kosovo has created a contentious with so many voices that the only certainty we around the world. We are debating how to debate within congress. Critics of an American have is that any Albanian leader we deal with protect our nation from missile attack, perhaps participation in Kosovo claim that the United will not be speaking for most of his armed from missiles improved with stolen American States lacks a vital national interest in this compatriots. When we make ourselves this re- technology. How, then, will another open- conflict, that we ‘‘don’t have a dog in this gion’s policeman we make our young men and ended commitment of American forces help fight’’. But I would argue that we do indeed women targets for armed fanatics. And com- American security. I have heard the argument have a vital national interest in this conflict, as mitting them will continue to place greater on why American forces must be present to this region has previously been the source of strains and burdens on our over-stretched mili- make a peacekeeping force work, and while great pain and suffering. Twice before in the tary. these arguments have merit, they also point 20th century we have seen American soldiers Neither side there likes us. Neither side re- out the failure of Europe to deal with issues in drawn to Europe to fight wars that either spects us. Neither side wants us there. Who its own backyard. began in the Balkan region or ignited fighting are we protecting? Under the agreement being negotiated now, there. When this region was again the source There is no reason to believe that the Alba- the peacekeeping force would attack Serbia if of conflict after World War I, the United States nian and Serb positions are reconcilable or its forces or sympathizers violate the agree- did not intervene and subsequently hundreds that either side wants reconciliation. ment, but what would happen if elements of of thousands of brave Americans and Euro- The risks of this strategy are that trans- the Kosovo Liberation Army violates the peans paid the ultimate price. As George San- parent. The benefits in contrast are little more agreement? How would the United States with tayana once said, ‘‘those who cannot remem- than wishes and hopes which we have no rea- NATO punish Kosovar violations? ber the past are condemned to repeat it.’’ Ex- son to believe will materialize. Some have ar- The United States presumably has a re- perience dictates that turning a blind eye to gued that defeating this resolution today will sponsibility to end the bloodshed in Kosovo this region can be fraught with peril. kill the peace process. Let me just say that if because it is the only nation left with the re- I believe that the current crisis in Kosovo, if killing the so-called peace process saves sources to do so. So why, then, is the Admin- not confronted now, could have devastating American lives I will always make that choice. istration not seeking to put peacekeepers on and disastrous effects on this region. We must We should oppose this deployment because the ground in Turkey, where thousands of in- remember that violence in southern Europe it will only erode our military strength, weaken

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00039 Fmt 0688 Sfmt 9920 E:\BR99\H11MR9.001 H11MR9 4298 CONGRESSIONAL RECORD—HOUSE March 11, 1999 our nation’s credibility and place our military please take a look at a recently released clas- There is no doubt a brutal bloody ethnic civil forces at great risk. sified GAO report entitled ‘‘International Secu- war is occurring in Kosovo and that there is If you vote to approve this resolution, you rity; NATO’s Operations and Contingency the need for a greater debate on this issue. should know why, because you may have to Plans for Stabilizing the Balkans’’ (GAO–C– These ethnic animosities have existed for cen- explain that to the family of an American sol- NSIAD–99–4). turies of time. But to place American troops in dier. That’s not a pleasant thought. I hope, However, I have also asked that the GAO the middle of this ethnic war without a defined with all my heart, it will never come true, but provide an unclassified version of this report mission, without a defined goal, and without that’s your responsibility if you vote for this for the public record. I hope that my col- an exit strategy is highly questionable. It is a resolution. leagues will consider reading one of these question that must be answered by both the The administration has failed diplomatically. versions before we vote. President and Congress before any action it Please don’t send our troops over to make The President’s plan to add more than taken. some diplomats look good. 4,000 U.S. ground troops to Kosovo on top of I question the use of NATO to coerce a sov- Please reject this misguided policy which the 6,900 troops next door in Bosnia, is ereign nation to consent to our position on threatens the lives of our military and the se- wrong. their own internal issues. Europe should take curity of our nation. Much to my dismay, this geographic region the lead on dealing with the Kosovo situation. Mr. EVANS. Mr. Chairman, I support H. is increasingly becoming a permanent forward Europe should supply the ground troops. I Con. Res. 42 and encourage my colleagues to deployment area and it is conceivable that have no problem with the United States pro- vote for it. At this delicate moment, our sup- within the next few years, we might be in half viding logistic, technical, and intelligence as- port of the President is critical to the success a dozen countries because of a Balkan dom- sets to support our European allies. of this peace agreement. ino effect. As Henry Kissinger stated in his widely read I am always wary of committing our uni- The Administration failed to answer many article, Kosovo, in terms of security, is a Euro- formed men and women into conflict. How- key questions before U.S. troops were sent pean interest not an American interest. ever, I strongly believe that we cannot turn a into Bosnia. I ask my colleagues to consider ‘‘Kosovo is no more a threat to America than blind eye to a genocide that is steadily de- the following three questions which were Haiti was to Europe and our NATO allies were stroying Kosovo and threatening the peace never answered before. not asked to help there.’’ throughout the region. Rejecting this resolution What is the mission? Let me add this . . . if the President decides is complying with the continued slaughter of Is the mission in our national security inter- to send troops to Kosovo, with or without the hundreds of thousands of men, women and est or is it a European security interest? consent of Congress, once young Americans children. To date, over 400,000 people have What is the exit strategy and when does it hit the ground I will strongly support them with been driven from their homes, 200,000 have kick in? the knowledge that America’s sons and perished and entire villages have been pil- Mr. Chairman, Congress needs to regain daughters will perform with true fidelity to laged in the name of ‘‘ethnic cleansing.’’ control of this peacemaking/peacekeeping sit- honor, duty, country. They will as always do As the sole remaining superpower, we have uation, because I think we have a White their best and make us proud. a responsibility to the people of the Balkins, House with an itch to disperse U.S. troops So I caution my colleagues that this debate NATO and the greater global community to worldwide with insufficient American security is about policy not support of our troops in the take our proper role in helping to end this trag- interests at stake. field and it is about Congress’ role in foreign edy. I believe that our allies have truly stepped I hope my colleagues on both sides of the affairs not isolationism. up to the plate—the bulk of the peacekeeping aisle will join me in opposing this important With that, Mr. Chairman, I must state my forces will not be American, but European. Kosovo resolution. great reservations about sending American Our participation will help achieve a European Mrs. ROUKEMA. Mr. Chairman, I rise to troops to Kosovo. solution to this crisis—something that we must speak on this most serious issue that con- I include the Kissinger editorial in the encourage. fronts us today. RECORD of this debate. Now is not the time to step away from our There is little disagreement on the brutal be- [From the Washington Post, Feb. 21, 1999] responsibility, but to seize it. I urge my col- havior of the Serbs and the inhuman atrocities NO U.S. GROUND FORCES FOR KOSOVO—LEAD- leagues to support the resolution. they have inflicted upon the Albanian ERSHIP DOESN’T MEAN THAT WE MUST DO Mr. HILLEARY. Mr. Chairman, I rise today Kosovars. There is a great human tragedy un- EVERYTHING OURSELVES. in strong support of our troops, as always, but folding in the region. (By Henry Kissinger) I stand absolutely opposed to yet another But the placement of American troops on President Clinton’s announcement that black hole-undefined U.S. troop deployment, the ground as a part of peacekeeping force in some 4,000 American troops will join a NATO this time to Kosovo, for peacemaking and a sovereign state torn by civil war must be a force of 28,000 to help police a Kosovo agree- peacekeeping reasons. decision that has been fully debated and con- ment faces all those concerned with long- The debate today mirrors what we have de- sented to by Congress. The President must in- range American national security policy bated the last 4 years over Bosnia, and yes clude Congress in the formulation of this pol- with a quandary. Mr. Speaker, it is not a news flash that thou- icy. Having at one time shared responsibility for national security policy and the extri- sands of U.S. troops are right next door and The Washington Post stated this morning cation from Vietnam, I am profoundly un- will unfortunately remain there indefinitely. that, ‘‘We think the stakes are sufficient to easy about the proliferation of open-ended I remind my colleagues of what the Presi- make it highly desirable that the president’s American commitments involving the de- dent said before he dispatched thousands of policy be supported by a strong bipartisan ployment of U.S. forces. American forces are troops to Bosnia. It was to only be a tem- vote in Congress. The president ought to be in harm’s way in Kosovo, Bosnia and the porary operation of 12 months and only cost asking forthrightly for congressional approval, gulf. They lack both a definition of strategic the American taxpayers $1 billion dollars. As not trying to evade a congressional judgment purpose by which success can be measured we all know, we are now in year 4 and the on his policy in Kosovo.’’ and an exit strategy. In the case of Kosovo, Some argue that those in this House that the concern is that America’s leadership price tag is over $10 billion. We should not be would be impaired by the refusal of Congress fooled again. have reservations about sending American to approve American participation in the Asked what the plans are now, the Adminis- ground forces to Kosovo are isolationists. I NATO force that has come into being largely tration says about one year and about $2 bil- emphatically disagree with this assertion. I as a result of a diplomacy conceived and lion. Two billion dollars to merely detour war- firmly support a strong U.S. presence through- spurred by Washington. ring factions. If and when the United States out the world on every stage, including mili- Thus, in the end, Congress may feel it has ever does leave the region, some estimates tary, economic, and political. I worked hard in little choice but to go along. In any event, are that fighting would be restarted within this body on issues such as full participation in its formal approval is not required. But Con- gress needs to put the administration on no- months, if not weeks. the IMF, being a leader in world trade, eco- tice that it is uneasy about being repeatedly Mr. Chairman, Kosovo is a dangerous nomic support to many nations, humanitarian confronted with ad hoc military missions. place. If there are questions about troop safety relief and the fight against hunger throughout The development and articulation of a com- and regional stability in the Balkans (Bosnia the world, and the strengthening of NATO to prehensive strategy is imperative if we are and Kosovo), I encourage my colleagues to mention a few. to avoid being stretched too thin in the face

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.001 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4299 of other foreseeable and militarily more dan- independent Albanian Kosovo surely would Haiti was to Europe—and we never asked for gerous challenges. seek to incorporate the neighboring Alba- NATO support there. The nearly 300 million Before any future deployments take place, nian minorities—mostly in Macedonia—and Europeans should be able to generate the we must be able to answer these questions: perhaps even Albania itself. And a Macedo- ground forces to deal with 2.3 million What consequences are we seeking to pre- nian conflict would land us precisely back in Kosovars. To symbolize Allied unity on larg- vent? What goals are we seeking to achieve? the Balkan wars of earlier in this century. er issues, we should provide logistics, intel- In what way do they serve the national in- Will Kosovo then become the premise for a ligence and air support. But I see no need for terest? NATO move into Macedonia, just as the de- U.S ground forces; leadership should not be President Clinton has justified American ployment in Bosnia is invoked as justifica- interpreted to mean that we must do every- troop deployments in Kosovo on the ground tion for the move into Kosovo? Is NATO to thing ourselves. that ethnic conflict in Yugoslavia threatens be the home for a whole series of Balkan Sooner of later, we must articulate the ‘‘Europe’s stability and future.’’ Other ad- NATO protectorates? American capability to sustain a global pol- ministration spokesmen have compared the What confuses the situation even more is icy. The failure to do so landed us in the challenge to that of Hitler’s threat to Euro- that the American missions in Bosnia and Vietnam morass. Even if one stipulates an pean security. Neither statement does jus- Kosovo are justified by different, perhaps in- American strategic interest in Kosovo tice to Balkan realities. compatible, objectives. In Bosnia, American (which I do not), we must take care not to The proposed deployment in Kosovo does deployment is being promoted as a means to stretch ourselves too thin in the face of far not deal with any threat to American secu- unite Croats, Muslims and Serbs into a sin- less ambiguous threats in the Middle East rity as traditionally conceived. The threat- gle state. Serbs and Croats prefer to practice and Northwest Asia. ening escalations sketched by the presi- self-determination but are being asked to Each incremental deployment into the dent—to Macedonia or Greece and Turkey— subordinate their preference to the geo- Balkans is bound to weaken our ability to are in the long run more likely to result political argument that a small Muslim Bos- deal with Saddam Hussein and North Korea. from the emergence of a Kosovo state. nian state would be too precarious and The psychological drain may be even more Nor is the Kosovo problem new. Ethnic irredentist. But in Kosovo, national self-de- grave. Each time we make a peripheral de- conflict has been endemic in the Balkans for termination is invoked to produce a tiny ployment, the administration is constrained centuries. Waves of conquests have state nearly certain to be irredentist. to insist that the danger to American forces congealed divisions between ethnic groups Since neither traditional concepts of the is minimal—the Kosovo deployment is offi- and religions, between the Eastern Orthodox national interest nor U.S. security impel the cially described as a ‘‘peace implementation and Catholic faiths; between Christianity deployment, the ultimate justification is the force.’’ and Islam; between the heirs of the Austrian laudable and very American goal of easing Such comments have two unfortunate con- and Ottoman empires. human suffering. This is why, in the end, I sequences: They increase the impression Through the centuries, these conflicts have went along with the Dayton agreement in so among Americans that military force can be been fought with unparalleled ferocity be- far as it ended the war by separating the used casualty-free, and they send a signal of cause none of the populations has any expe- contending forces. But I cannot bring myself weakness to potential enemies. For in the rience with—and essentially no belief in— to endorse American ground forces in end, our forces will be judged on how ade- Western concepts of toleration. Majority Kosovo. quate they are for peace imposition, not rule and compromise that underlie most of In Bosnia, the exit strategy can be de- peace implementation. the proposals for a ‘‘solution’’ never have scribed. The existing dividing lines can be I always am inclined to support the incum- found an echo in the Balkans. made permanent. Failure to do so will re- bent administration in a forceful assertion of Moreover, the projected Kosovo agreement quire their having to be manned indefinitely the national interest. And as a passionate is unlikely to enjoy the support of the par- unless we change our objective to self-deter- believer in the NATO alliance, I make the ties for a long period of time. For Serbia, ac- mination and permit each ethnic group to distinctions between European and American quiescing under the threat of NATO bom- decide its own fate. security interests in the Balkans with the bardment, it involves nearly unprecedented In Kosovo, that option does not exist. utmost reluctance. But support for a strong international intercession. Yugoslavia, a There are no ethnic dividing lines, and both foreign policy and a strong NATO surely will sovereign state, is being asked to cede con- sides claim the entire territory. America’s evaporate if we fail to anchor them in a clear trol and in time sovereignty of a province attitude toward the Serbs’ attempts to insist definition of the national interest and im- containing its national shrines to foreign on their claim has been made plain enough; part a sense of direction to our foreign policy military force. it is the threat of bombing. But how do we in a period of turbulent change. Though President Slobodan Milosevic has and NATO react to Albanian transgressions Mr. EWING. Mr. Chairman, I rise today to much to answer for, especially in Bosnia, he and irredentism? Are we prepared to fight express my concern with the possibility that is less the cause of the conflict in Kosovo both sides and for how long? In the face of than an expression of it. On the need to re- issues such as these, the unity of the contact U.S. troops my soon be deployed to Kosovo. tain Kosovo, Serbian leaders—including group of powers acting on behalf of NATO is The U.S. has promised to send approximately Milosevic’s domestic opponents—seem likely to dissolve. Russia surely will increas- 4,000 troops to Kosovo to enforce a cease-fire united. For Serbia, current NATO policy ingly emerge as the supporter of the Serbian that has not yet been agreed to. We are told means either dismemberment of the country point of view. that our servicemen and women will be in or postponement of the conflict to a future We must take care not to treat a humani- Kosovo for at least three years, but are given date when, according to the NATO proposal, tarian foreign policy as a magic recipe for no indication of the expected cost, or the the future of the province will be decided. the basic problem of establishing priorities goals of the mission. The same attitude governs the Albanian in foreign policy. The president’s statements side. The Kosovo Liberation Army (KLA) is ‘‘that we can make a difference’’ and that I am troubled by the fact that the administra- fighting for independence, not autonomy. ‘‘America symbolizes hope and resolve’’ are tion appears to be rushing towards a quick de- But under the projected agreement, Kosovo, exhortations, not policy prescriptions. Do ployment without explaining to the Congress now an integral part of Serbia, is to be made they mean that America’s military power is and the country why our troops need to be an autonomous and self-governing entity available to enable every ethnic or religious sent to Kosovo. I have yet to hear a clear ex- within Serbia, which, however, will remain group to achieve self-determination? Is planation of what our interests are in responsible for external security and even NATO to become the artillery for ethnic con- Kosovo—why does the most powerful nation exercise some unspecified internal police flict? If Kosovo, why not East Africa or Cen- in the world need to put its troops in harm’s functions. A plebiscite at the end of three tral Asia? And would a doctrine of universal years is to determine the region’s future. humanitarian intervention reduce or in- way to enforce a peace agreement that The KLA is certain to try to use the cease- crease suffering by intensifying ethnic and doesn’t even exist? fire to expel the last Serbian influences from religious conflict? What are the limits of I am not convinced that it is in our best in- the province and drag its feet on giving up such a policy and by what criteria is it es- terest to send U.S. troops to Kosovo. We have its arms. And if NATO resists, it may come tablished? many potential trouble spots brewing around under attack itself—perhaps from both sides. In my view, that line should be drawn at the world that beg for our attention—North What is described by the administration as a American ground forces for Kosovo. Euro- Korea, China’s missile race, and the deterio- ‘‘strong peace agreement’’ is like to be at peans never tire of stressing the need for rating situation in Russia are national security best the overture to another, far more com- greater European autonomy. Here is an occa- plicated set of conflicts. sion to demonstrate it. If Kosovo presents a problems vital to our interests, and they beg Ironically, the projected peace agreement security problem, it is to Europe, largely be- for strong U.S. involvement. Yet Congress is increases the likelihood of the various pos- cause of the refugees the conflict might gen- being told that the situation in Kosovo is a vital sible escalations sketched by the president erate, as the president has pointed out. national security concern, and this threat justi- as justification for a U.S. deployment. An Kosovo is no more a threat to America than fies placing our troops in harm’s way.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00041 Fmt 0688 Sfmt 9920 E:\BR99\H11MR9.001 H11MR9 4300 CONGRESSIONAL RECORD—HOUSE March 11, 1999 We have had troops in Bosnia since 1995, the necessary dollars to support our men and flame anti-American sentiments and Albanian at a cost of more than $12 billion. This is women in uniform. nationalism with disastrous results. They don’t money that is taken directly from DoD ac- But we need to be prepared for the tough want our help and don’t want to work towards counts, reducing our readiness in other crucial choices that lie ahead. peace. I do not believe that we should risk the areas. Even worse, the long and repeated Let’s take the U.S. mission in Bosnia as an lives of our troops for intangible goals that tours of duty in Bosnia have convinced many example. We have been in Bosnia for almost have no basis in reality. soldiers in the active and reserve branches to four years and there is still no end-date in Now, I certainly do not advocate the actions retire, depleting our ranks of dedicated and sight. Yet, the Administration has not included of Yugoslav President Slobodan Milosevic. experienced people. Congress is now told that funding for this mission in their budget until There is a compelling body of evidence to be- the Army wants to lower its recruitment stand- this year. This open-ended mission, while it lieve that Milosevic is guilty of crimes against ards and begin hiring high school dropouts to has saved lives, it has also cost $19 billion to humanity and other war crimes, and I am make up for shortages in manpower. date. deeply concerned about this affront to human The same crowd that ridiculed the ‘‘Domino The Administration may be embarking on rights. This chamber has voted to support the Theory’’ of communist expansion now appear this mission in Kosovo to save lives and pre- International Criminal Tribunal for the former to be advancing their own ‘‘Domino Theory’’ vent open warfare in the Balkans, but we here Yugoslavia in its efforts to bring Milosevic to for the region around the former Yugoslavia— in Congress will be responsible for making the justice. However, without a well thought out first it was Macedonia, then Bosnia, now tough decisions about how to pay for it. plan on how we should utilize our troops, I Kosovo, and then what? There is no money in the President’s budget cannot support this action. Mr. Chairman, a convincing case has not to pay for this deployment. The Administration Mr. Chairman, look at the other conflicts we been made for the necessity of U.S. troop in- has requested increased spending on all sorts have gotten involved with. Somalia was a dis- volvement in Kosovo. The U.S. does not need of new programs from education to health aster. Iraq continues in its defiance. American the best trained and most powerful army in the care but there is no money for our troops that troops are still inextricably entangled in Bos- world sitting in Kosovo playing peacekeeper. If may be deployed in Kosovo. nia. Haiti dissolved its democracy and now Europe is so concerned about the desta- And from the hearings I have attended so has an authoritarian regime. The track record bilizing effects of Kosovo, then let them handle far as a Member of the Defense Appropria- for this Administration is not good. the problem. When it is said that ‘‘NATO’’ will tions Subcommittee, we are already facing The Administration has not explained how be providing the troops, that usually can be real shortfalls in funding and manpower in dragging American troops into another ethnic translated as ‘‘the U.S.’’ America pays the bills several other ongoing missions, including the conflict will protect American interests, and and undertakes most of the difficult missions— Persian Gulf. And don’t be fooled by claims until that is done in a satisfactory fashion, I virtually all the bombing and other air missions that this mission will be far more limited than cannot and will not support the Administra- are handled by our Air Force. the one in Bosnia and thus, less costly. In a tion’s attempts to put American troops in Our troops have been in Bosnia since 1995, recent hearing with Secretary of Defense harm’s way. at a huge cost to our military readiness and to Cohen, I asked him about the U.S. commit- Mr. Chairman, we are not the emergency the Defense budget. We must resist the urge ment to deploy 4,000 troops as part of a larger 911 number for the world, and I urge my col- to use military force to resolve every humani- NATO force. In reality, he told me that the leagues to oppose this resolution. tarian problem that crops us. We need to take number is closer to 12,000 because for every Mr. FORD. Mr. Chairman, I rise today in our troops out of the equation in Kosovo and one of our men on the ground, 3 more of our support of the Gejdenson Amendment to H. begin focusing on real national security con- soldiers are required in support. Con. Res. 42. Three months before he died, cerns. So, I rise to forewarn my colleagues that we in his fourth inaugural address, President Mr. COSTELLO. Mr. Chairman, I rise in op- will face some very tough choices about how Franklin Roosevelt expressed his hope for a position to consideration of this resolution au- to pay for these missions, as well as the pro- ‘‘just, honorable, and durable’’ settlement to thorizing the use of U.S. ground troops in posed pay raise for our military personnel and World War II. But he cautioned against acting Kosovo. to address the many other shortfalls in our impetuously to bring about this settlement, I do not support putting American ground military readiness. The President has failed to knowing that ‘‘peace could not be achieved troops, even as part of a NATO force, in the do so in his budget, but we will not. The Presi- immediately.’’ middle of a civil war in central Europe. But I dent has not only failed to consult Congress, President Roosevelt was aware that peace- object to this resolution on other grounds, as but he has failed in his budget proposal to say making is a delicate process. We have well. This very debate may hamstring our ne- how he will pay for this critical decision. learned, as a country and as a people, that gotiators as they seek a peaceful resolution of Mr. LIPINSKI. Mr. Chairman, I rise today in peace is a difficult goal to achieve. Peace the Kosovo conflict with the Serbian govern- opposition to H. Con. Res. 42, a concurrent takes engagement. Most of all, peace takes ment and ethnic Albanians. resolution regarding the use of U.S. Armed time. It makes no sense to me that the Congress Forces as part of a NATO peacekeeping oper- As most of you know, I am the youngest is debating a resolution on use of force before ation implementing a Kosovo peace agree- member of the House. Many people have tried our negotiators have even concluded their at- ment. to find a name for my generation, because in tempts to resolve the Kosovo situation peace- Let me first say that I am a strong supporter earlier times there was the World War I gen- fully. I hope we do not damage their efforts by of the brave and hard-working men and eration, the World War II generation, and the even taking this resolution under consider- women of our armed services. I salute them Vietnam Generation. There are no wars to ation. for all they have done for our great nation, and name us by. Why is that? Because we have I am not opposed to NATO forces being in- I am extremely proud of them. learned that U.S. forces should only be used volved in enforcing an agreement. Our air However, this is an initiative that NATO was when there is a clear goal and U.S. interests forces have effectively been used to enforce never intended to undertake. As Henry Kis- are threatened. And even then, we must use the United Nations resolutions involving Iraq, singer said at a House International Relations force judiciously and effectively. for example. However, I do not believe it is in Committee hearing, this would be an ‘‘unprec- I myself have some concerns on the extent our best interests—or in the interest of the Eu- edented extension of NATO’s authority.’’ of our commitment, our exit strategy, and our ropean Community—for Americans to be part More importantly, I believe that inserting our rules of engagement. But how can we dictate of a ground force in Kosovo. That is why I will troops in the middle of an ethnically charged the terms of our involvement when a settle- cast my vote against this resolution today. civil war is very dangerous. Neither the Alba- ment has not yet been reached? Mr. FRELINGHUYSEN. Mr. Chairman, while nians nor the Serbs are interested in any sort Unfortunately, the majority has brought this there may be no desire by President Clinton of compromise. The Albanians want only inde- resolution to the floor at this time, against the and his Administration to recognize Congress’ pendence and the Serbs, who view Kosovo as blatant wishes of all those involved in the role in determining whether or not to deploy the cradle of the Serbian civilization, are un- process, from Senator Dole to the President to troops to Kosovo, we all know that their deci- willing to give up their ancestral homeland. If the Kosovars to the Serbs. This is an obstruc- sion will require Congress to find the nec- neither side is interested in working out a tion of the peace process. I support this essary dollars to pay for this mission. And peaceful agreement, the introduction of Amer- amendment because I support the Administra- there is no question that Congress will provide ican troops into the conflict will probably in- tion’s efforts to secure a just peace.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00042 Fmt 0688 Sfmt 9920 E:\BR99\H11MR9.001 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4301 At the same time, we must play our con- The CHAIRMAN. The Clerk will des- Mr. GEJDENSON. Mr. Chairman, is stitutional role responsibly. Let the Administra- ignate the amendment. it my understanding that the objection tion continue its efforts toward reaching a set- The text of the amendment is as fol- relates to the statement that the Con- tlement. As Speaker HASTERT himself said two lows: gress unequivocally supports the men weeks ago, let’s give them the ‘‘room to nego- Amendment No. 7 offered by Mr. GEJDEN- and women of the United States Armed tiate.’’ I would be surprised to learn that SON: Forces who are carrying out their mis- Speaker HASTERT considers two weeks Page 2, after line 3, insert the following: sion in support of peace in the Balkans (3) Former Senator Robert Dole recently enough time to resolve a conflict that spans traveled to the region to meet with the and throughout the world with profes- centuries. Kosovar Albanians and deliver a message sional excellence and dedicated patri- The President should continue taking steps from President Clinton encouraging all par- otism? to bring the parties to a fair and just agree- ties to reach an agreement to end the con- Mr. GILMAN. Mr. Chairman, regular ment. If and when such an agreement is flict in Kosovo. order. reached, we should give our full support for (4) Representatives of the Government of Mr. GEJDENSON. Mr. Chairman, is the deployment of U.S. troops. For these rea- Serbia and representatives of the Kosovar that the section the gentleman is ob- son, I support the Gejdenson Amendment to Albanians are scheduled to reconvene in jecting to? France on March 15, 1999. The CHAIRMAN. The gentleman will H. Con. Res. 42. Page 2, line 4, strike ‘‘(3)’’ and insert ‘‘(5)’’. The CHAIRMAN. All time for general Page 2, strike line 9 and all that follows suspend. debate has expired. and insert the following: If the gentleman has a parliamentary Pursuant to the rule, the concurrent SEC. 3. DEPLOYMENT OF UNITED STATES ARMED inquiry, or if the gentleman would like resolution is considered read for FORCES TO KOSOVO. to be heard on the point of order, the amendment under the 5-minute rule. (a) DECLARATION OF POLICY RELATING TO Chair would recognize him. The text of House Concurrent Resolu- INTERIM AGREEMENT.—The Congress urges Mr. GEJDENSON. Mr. Chairman, my tion 42 is as follows: the President to continue to take measures question is, is that the section that the described in (b) to support the ongoing peace gentleman objects to? H. CON. RES. 42 process relating to Kosovo with the objective Mr. GILMAN. Yes. That is correct, Resolved by the House of Representatives (the of reaching a fair and just interim agreement Mr. Chairman. Senate concurring), between the Serbian Government and the The CHAIRMAN. The gentleman is SECTION 1. SHORT TITLE. Kosovar Albanians on the status of Kosovo. (b) AUTHORIZATION FOR DEPLOYMENT OF not making a proper parliamentary in- This resolution may be cited as the quiry of the Chair. The Chair will rule ‘‘Peacekeeping Operations in Kosovo Resolu- ARMED FORCES.—If a fair and just interim tion’’. agreement described in subsection (a) is on the germaneness of the amendment SEC. 2. FINDINGS. reached, the President is authorized to de- after hearing argument. The Congress makes the following findings: ploy United States Armed Forces personnel Does the gentleman wish to be heard (1) The conflict in Kosovo has caused great to Kosovo as part of a NATO peacekeeping on the point of order? human suffering and, if permitted to con- operation implementing such interim agree- Mr. GEJDENSON. I do wish to be tinue, could threaten the peace of Europe. ment. heard, Mr. Chairman. (c) DECLARATION OF POLICY RELATING TO (2) The Government of Serbia and rep- The CHAIRMAN. The gentleman may SUPPORT FOR ARMED FORCES.—The Congress resentatives of the people of Kosovo may proceed. unequivocally supports the men and women agree in Rambouillet, France, to end the of the United States Armed Forces who are Mr. GEJDENSON. Mr. Chairman, it conflict in Kosovo. carrying out their missions in support of is my understanding that the Chair- (3) President Clinton has promised to de- peace in the Balkan region, and throughout man has just indicated that he objects ploy approximately 4,000 United States the world, with professional excellence, dedi- to this one section that commends the Armed Forces personnel to Kosovo as part of cated patriotism, and exemplary bravery. a North Atlantic Treaty Organization armed forces for the excellence that (NATO) peacekeeping operation imple- SEC. 4. LIMITATION. they are involved in in carrying out menting a Kosovo peace agreement. The authorization in section 3 is subject to their mission and their commitment. I the limitation that the number of United SEC. 3. AUTHORIZATION FOR DEPLOYMENT OF would, at the appropriate time, ask for States Armed Forces personnel participating UNITED STATES ARMED FORCES TO unanimous consent that we allow this in a deployment described in that section KOSOVO. language to be retained, because I do The President is authorized to deploy may not exceed 15 percent of the total NATO force deployed to Kosovo in the peace- think, no matter which side of this United States Armed Forces personnel to issue people are on, that they want to Kosovo as part of a NATO peacekeeping op- keeping operation described in that section, eration implementing a Kosovo peace agree- except that such percentage may be exceeded express their support and admiration ment. if the President determines that United for our troops. States forces or United States citizens are in So I would ask unanimous consent at The CHAIRMAN. No amendment to danger and notifies Congress of that deter- the appropriate time, or ask the gen- the concurrent resolution is in order mination. tleman to withdraw his point of order except those printed in the portion of POINT OF ORDER so that we can go forward with our the CONGRESSIONAL RECORD designated Mr. GILMAN. Mr. Chairman, I make amendment. It does not really change for that purpose and pro forma amend- a point of order against the amend- the policy or the amendment itself; it ments for the purpose of debate. ment. is simply, I think, the kind of support Amendments printed in the RECORD The CHAIRMAN. The gentleman will we have always included in times when may be offered only by the Member state his point of order. we are dealing with foreign policy who caused it to be printed or his des- Mr. GILMAN. Mr. Chairman, sub- issues, and we ought not let jurisdic- ignee, and shall be considered read. section 3 of the proposed amendment tional battles in the Congress preclude The Chairman of the Committee of includes language that goes beyond the us from making a positive statement the Whole may postpone a request for a jurisdiction of the Committee on Inter- about the troops. recorded vote on any amendment and national Relations and extends into The CHAIRMAN. Is there any other may reduce to a minimum of 5 minutes the jurisdiction of the Committee on Member who wishes to be heard on the the time for voting on any postponed National Security. Additionally, the point of order? question that immediately follows an- subject matter of the amendment is The Chair recognizes the gentleman other vote, provided that the time for different from the underlying text. from New York (Mr. GILMAN). voting on the first question shall be a For both of these reasons, I urge the Mr. GILMAN. Mr. Chairman, I want minimum of 15 minutes. Chair to sustain a point of order. to express support for our forces, as all Are there any amendments to the PARLIAMENTARY INQUIRY of our colleagues do, and as a veteran, concurrent resolution? Mr. GEJDENSON. Mr. Chairman, I know the sacrifices that our men and AMENDMENT NO. 7 OFFERED BY MR. GEJDENSON parliamentary inquiry. women are asked to make. Mr. GEJDENSON. Mr. Chairman, I The CHAIRMAN. The gentleman will I would support a separate resolution offer an amendment. state it. on this matter at an appropriate time,

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.001 H11MR9 4302 CONGRESSIONAL RECORD—HOUSE March 11, 1999 but I do not think that this is an ap- Boehner Hastings (WA) Pitts Holden McKinney Sanders propriate part of this resolution, and I Bonilla Hayes Pombo Holt McNulty Sandlin Bono Hayworth Porter Hooley Meehan Sawyer raise the point of order. Brady (TX) Hefley Portman Hoyer Meek (FL) Schakowsky The CHAIRMAN. If there are no Bryant Herger Pryce (OH) Inslee Meeks (NY) Scott other Members who wish to be heard on Burr Hill (MT) Radanovich Jackson (IL) Menendez Serrano Burton Hilleary Ramstad Jackson-Lee Millender- Sherman the point of order, the Chair is ready to Buyer Hobson Regula (TX) McDonald Shows rule. Callahan Hoekstra Reynolds Jefferson Miller, George Sisisky The gentleman from New York Calvert Horn Riley Johnson, E. B. Minge Skelton makes the point of order that the Camp Hostettler Rogan Jones (OH) Mink Slaughter Campbell Houghton Rogers Kanjorski Moakley Smith (WA) amendment offered by the gentleman Canady Hulshof Rohrabacher Kaptur Moore Snyder from Connecticut is not germane. Cannon Hunter Ros-Lehtinen Kennedy Moran (VA) Spratt The concurrent resolution authorizes Castle Hutchinson Roukema Kildee Murtha Stabenow Chabot Hyde Royce Kilpatrick Nadler Stark the President to deploy United States Kind (WI) Napolitano Stenholm Chambliss Isakson Ryan (WI) Kleczka Neal Strickland Armed Forces to implement a Kosovo Chenoweth Istook Ryun (KS) Klink Oberstar Stupak peace agreement. Its provisions fall ex- Coble Jenkins Salmon Kucinich Obey Tanner Coburn Johnson (CT) Sanford clusively within the jurisdiction of the LaFalce Olver Tauscher Collins Johnson, Sam Saxton Committee on International Relations. Combest Jones (NC) Lampson Ortiz Taylor (MS) Scarborough Lantos Owens Thompson (CA) That committee has jurisdiction over Cook Kasich Schaffer ‘‘intervention abroad’’, which includes Cooksey Kelly Larson Pallone Thompson (MS) Sensenbrenner Lee Pascrell Thurman the deployment of armed forces by the Cox King (NY) Sessions Crane Kingston Levin Pastor Tierney President. Conditions, limitations or Shadegg Lewis (GA) Payne Towns Cubin Knollenberg Shaw Cunningham Kolbe Lipinski Pelosi Traficant other attributes of such deployment Shays Davis (VA) Kuykendall Lofgren Peterson (MN) Turner are within the ambit of ‘‘intervention Sherwood Deal LaHood Lowey Phelps Udall (CO) Shimkus abroad.’’ DeLay Largent Lucas (KY) Pickett Udall (NM) Shuster ´ The amendment offered by the gen- DeMint Latham Luther Pomeroy Velazquez Simpson Diaz-Balart LaTourette Maloney (CT) Price (NC) Vento tleman from Connecticut includes a Skeen Dickey Lazio Maloney (NY) Rahall Visclosky provision declaring the support of Con- Smith (MI) Doolittle Leach Markey Rangel Waters Smith (NJ) gress for the armed forces who are car- Dreier Lewis (CA) Martinez Rivers Watt (NC) rying out their missions in the Balkan Duncan Lewis (KY) Smith (TX) Mascara Rodriguez Waxman Souder Matsui Roemer Weiner region. As evidenced by the referral of Dunn Linder Ehlers LoBiondo Spence McCarthy (MO) Rothman Wexler House Resolution 306 in the 104th Con- Ehrlich Lucas (OK) Stearns McCarthy (NY) Roybal-Allard Weygand gress which was considered by the Emerson Manzullo Stump McDermott Rush Wise House, such a provision falls within the English McCollum Sununu McGovern Sabo Woolsey Everett McCrery Sweeney McIntyre Sanchez Wynn jurisdiction of both the Committee on Talent Ewing McHugh NOT VOTING—10 Armed Services and the Committee on Fletcher McInnis Tancredo International Relations. The sentiment Foley McIntosh Tauzin Becerra John Wu contained in section 3 of the amend- Forbes McKeon Taylor (NC) Bilbray Mollohan Young (AK) Fossella Metcalf Terry Capps Quinn ment is not a condition, limitation or Fowler Mica Thomas Frost Reyes attribute of the deployment of armed Thornberry Franks (NJ) Miller (FL) b 1614 forces to Kosovo. Frelinghuysen Miller, Gary Thune Gallegly Moran (KS) Tiahrt Mr. MORAN of Virginia, Ms. As noted in section 798a and 798c of Toomey Ganske Morella LOFGREN, Ms. BERKLEY, and Ms. the House Rules and Manual of the Gekas Myrick Upton 105th Congress, to be germane, an Gibbons Nethercutt Walden KAPTUR changed their vote from amendment must relate to the same Gilchrest Ney Walsh ‘‘aye’’ to ‘‘no.’’ Gillmor Northup Wamp So the decision of the Chair stands as subject matter and the same jurisdic- Gilman Norwood Watkins tion as are addressed in the concurrent Goodlatte Nussle Watts (OK) the judgment of the Committee. resolution. The Chair finds that the Goodling Ose Weldon (FL) The result of the vote was announced amendment fails both of these long- Goss Oxley Weldon (PA) as above recorded. Graham Packard Weller AMENDMENT NO. 5 OFFERED BY MR. GEJDENSON standing tests. Therefore, the Chair Granger Paul Whitfield holds that the amendment is not ger- Green (WI) Pease Wicker Mr. GEJDENSON. Mr. Chairman, I mane. Accordingly, the point of order Greenwood Peterson (PA) Wilson offer an amendment. Gutknecht Petri Wolf The CHAIRMAN. The Clerk will des- is sustained. Hansen Pickering Young (FL) Mr. GEJDENSON. Mr. Chairman, I ignate the amendment. move to appeal the ruling of the Chair. NOES—205 The text of the amendment is as fol- The CHAIRMAN. The question is, Abercrombie Cardin Doyle lows: Shall the decision of the Chair stand as Ackerman Carson Edwards Amendment No. 5 offered by Mr. GEJDEN- the judgment of the Committee? Allen Clay Engel SON: Andrews Clayton Eshoo The question was taken; and the Page 2, after line 3, insert the following: Baird Clement Etheridge (3) Former Senator Robert Dole recently Baldacci Clyburn Evans Chairman announced that the ayes ap- traveled to the region to meet with the peared to have it. Baldwin Condit Farr Barcia Conyers Fattah Kosovar Albanians and deliver a message RECORDED VOTE Barrett (WI) Costello Filner from President Clinton encouraging all par- Mr. GEJDENSON. Mr. Chairman, I Bentsen Coyne Ford ties to reach an agreement to end the con- demand a recorded vote. Berkley Cramer Frank (MA) flict in Kosovo. Berman Crowley Gejdenson A recorded vote was ordered. (4) Representatives of the Government of Berry Cummings Gephardt Serbia and representatives of the Kosovar The vote was taken by electronic de- Bishop Danner Gonzalez Albanians are scheduled to reconvene in vice, and there were—ayes 218, noes 205, Blagojevich Davis (FL) Goode Blumenauer Davis (IL) Gordon France on March 15, 1999. not voting 10, as follows: Bonior DeFazio Green (TX) Page 2, line 4, strike ‘‘(3)’’ and insert ‘‘(5)’’. [Roll No. 47] Borski DeGette Gutierrez Page 2, strike line 9 and all that follows Boswell Delahunt Hall (OH) and insert the following: AYES—218 Boucher DeLauro Hall (TX) SEC. 3. DEPLOYMENT OF UNITED STATES ARMED Aderholt Barr Bereuter Boyd Deutsch Hastings (FL) FORCES TO KOSOVO. Archer Barrett (NE) Biggert Brady (PA) Dicks Hill (IN) Armey Bartlett Bilirakis Brown (CA) Dingell Hilliard (a) DECLARATION OF POLICY RELATING TO Bachus Barton Bliley Brown (FL) Dixon Hinchey INTERIM AGREEMENT.—The Congress urges Baker Bass Blunt Brown (OH) Doggett Hinojosa the President to continue to take measures Ballenger Bateman Boehlert Capuano Dooley Hoeffel described in (b) to support the ongoing peace

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.001 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4303 process relating to Kosovo with the objective of the parliamentary procedures. I retary of State say they only enter if a of reaching a fair and just interim agreement would not see it as an improvement on peace agreement has been signed. between the Serbian Government and the the underlying amendment. He has a So whatever my colleagues’ inclina- Kosovar Albanians on the status of Kosovo. right to offer it, but I disagree with tions are, whatever my colleagues’ phi- (b) AUTHORIZATION FOR DEPLOYMENT OF ARMED FORCES.—If a fair and just interim that. I will just get that out on the losophies are about war powers in the agreement described in subsection (a) is table. Constitution, that small village in reached, the President is authorized to de- Let me tell my colleagues a story Profonia may be replayed again, and it ploy United States Armed Forces personnel about my father. My father will turn 87 will be on our head what happens to to Kosovo as part of a NATO peacekeeping in the next 5 days. Although he never those people. operation implementing such interim agree- spoke about World War II much, he Think carefully before one makes ment. told me this one story of a day that their final vote today. This is not At the end of the resolution, add the fol- lowing new section: raised his hopes, and then of course about relationships with the White SEC. 4. LIMITATION. there was a lot more calamity after House, Democrats versus Republicans, The authorization in section 3 is subject to that day. It was December 7, 1941. those who believe in intervention and the limitation that the number of United He was a prisoner in a work camp run nonintervention. This is about whether States Armed Forces personnel participating by the Germans, the Nazis in World we give peace a chance and whether we in a deployment described in that section War II. He was one of thousands of have an opportunity to let children may not exceed 15 percent of the total NATO Jews across Eastern Europe who had grow into adults. force deployed to Kosovo in the peace- been rounded up. In his small village of Mr. Chairman, I yield to the gen- keeping operation described in that section, Profonia, there was about 400 Jews and tleman from Texas (Mr. TURNER), the except that such percentage may be exceeded 400 non-Jews. The Jews were put into a if the President determines that United cosponsor of this resolution. States forces or United States citizens are in labor camp. Mr. TURNER. Mr. Chairman, it is a danger and notifies Congress of that deter- On that day or shortly after Decem- pleasure to offer this amendment mination. ber 7, he heard that American ships which I think embodies the intent of PARLIAMENTARY INQUIRY had been bombed in Pearl Harbor. many Members of this body. This Mr. TRAFICANT. Mr. Chairman, I While in this country there was obvi- amendment very clearly states that if have a parliamentary inquiry. ously great anxiety, my father saw a just and fair interim agreement is The CHAIRMAN. The gentleman will great hope, because for the first time not reached we will not deploy troops. state his parliamentary inquiry. in the darkness of World War II, he had The President made that very clear Mr. TRAFICANT. Mr. Chairman, I the vision and hope that America as his position on February 4 in a have a perfecting amendment to the would be rapidly in this war and that it speech made here in Washington at the Gejdenson amendment or to the Fowler would soon be over. But he was wrong. Baldridge Quality Awards Ceremony. amendment. It is not a substitute. It is Before American forces could lib- No troops unless there is first an agree- in fact an additional section that erate concentration camps and work ment. We believe this amendment would leave the Gejdenson amendment camps across Europe, virtually every should be adopted to make that clear. in effect. member of his family and every Jewish Secondly, we believe that there is a What would be the process here since member of that village, except for a limited involvement that the United the Fowler amendment is in fact a sub- few, were shot to death in a small de- States should have and that that in- stitute for Gejdenson? Is it? It is not? pression in their town. volvement should be limited to 15 per- The CHAIRMAN. The Chair informs A friend of mine, Senator WYDEN’s fa- cent of the total troop force assembled the gentleman from Ohio (Mr. TRAFI- ther, found me a letter from a Nazi who by the NATO forces for this mission CANT) that the amendment pending is witnessed the executions. He said the AMENDMENT OFFERED BY MRS. FOWLER TO the amendment offered by the gen- first person he shot was a woman who AMENDMENT NO. 5 OFFERED BY MR. GEJDEN- tleman from Connecticut (Mr. GEJDEN- had given birth the day before. They SON SON). No other amendment or sub- had her stand naked. They shot her and Mrs. FOWLER. Mr. Chairman, I offer stitute has been offered to the amend- her child and proceeded to shoot every an amendment to the amendment. ment offered by the gentleman from other member of the village that they The Clerk read as follows: Connecticut. The gentleman from Con- had rounded up. Amendment offered by Mrs. FOWLER to necticut is entitled to speak for 5 min- What we do here today is not an aca- Amendment No. 5 offered by Mr. GEJDENSON: utes on his amendment. demic exercise. It is not simply a func- Page 1, strike line 1 and all that follows Mr. TRAFICANT. Mr. Chairman, fur- tion of parliamentary procedures be- through line 9 and insert the following: ther parliamentary inquiry. tween the executive and the legisla- (1) President Clinton is contemplating the The CHAIRMAN. The gentleman will tive. This has a real life and death im- introduction of ground elements of the pact for people on this planet. United States Armed Forces to Kosovo as state his parliamentary inquiry. part of a larger North Atlantic Treaty Orga- Mr. TRAFICANT. Mr. Chairman, I We are going to decide whether or nization (NATO) operation to conduct peace- will have, then, an amendment, a sec- not today these negotiations have a making or peacekeeping between warring ondary amendment to the Gejdenson chance at succeeding. There is no guar- parties in Kosovo, and these Armed Forces amendment in the form of an addition, antee they will succeed. There is a may be subject to foreign command. and I would like to be protected for an hope that they will succeed, but there (2) Such a deployment, if it were to occur, opportunity to provide that amend- is a guaranteed failure if the House would in all likelihood require the commit- ment. shuts off the administration’s abilities ment of United States ground forces for a The CHAIRMAN. The Chair cannot to move forward. minimum of 3 years and cost billions of dol- There is no constitutional demand lars. guarantee recognition of any Member (3) Kosovo, unlike Bosnia, is a province of for the purpose of offering second de- that we vote on this, but we are here the Republic of Serbia, a sovereign foreign gree amendments. The Chair’s job is to by the procedures that have been state. follow regular order, and that is what forced upon us. So having them before (4) The deployment of United States the Chair intends to do. us, we had better vote yes. ground forces to enforce a peace agreement The Chair recognizes the gentleman We are not asking to assert American between warring parties in a sovereign for- from Connecticut (Mr. GEJDENSON) for forces in a live fire zone. We have had eign state is not consistent with the prior 5 minutes on his amendment. on both sides of the aisle broad bipar- employment of deadly military force by the Mr. GEJDENSON. Mr. Chairman, let tisan support to send Americans in United States against either or both of the warring parties in that sovereign foreign me first say to my friends that the gen- harm’s way where many would perish. state. tleman from Ohio (Mr. TRAFICANT), We are sending the smallest percentage (5) The Secretary of Defense, William while he referenced it as a perfecting of Americans in a conflict in my mem- Cohen, has opposed the deployment of United amendment, I would say that is a term ory, and the President and the Sec- States ground forces to Kosovo, as reflected

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.001 H11MR9 4304 CONGRESSIONAL RECORD—HOUSE March 11, 1999 in his testimony before the Congress on Oc- Mrs. FOWLER (during the reading). holding a gun to their heads. Even if an tober 6, 1998. Mr. Chairman, I ask unanimous con- agreement on Kosovo is reached, it is a (6) The deployment of United States sent that the amendment be considered recipe for resentment, not reconcili- ground forces to participate in the peace- as read and printed in the RECORD. ation, and it will be our troops on the keeping operation in Bosnia, which has re- sulted in the expenditure of more than The CHAIRMAN. Is there objection ground in the cross hairs. $10,000,000,000 by United States taxpayers to to the request of the gentlewoman Furthermore, I am deeply concerned date, which has already been extended past 2 from Florida? that the administration has not articu- previous withdrawal dates established by the Mr. GEJDENSON. Mr. Chairman, re- lated an exit strategy and that there administration, and which shows no sign of serving the right to object, we have not has been no determination made re- ending in the near future, clearly argues yet seen the language of this amend- garding the cost of the operations or that the costs and duration of a deployment ment, and we would like our counsel to the source of funds to pay for it. The to Kosovo for peacekeeping purposes will be just have a moment. administration’s initiative would draw much heavier and much longer than initially foreseen. The CHAIRMAN. Does the gentleman the United States further into commit- (7) The substantial drain on military readi- object to the dispensing of the reading? ments in the Balkans that have al- ness of a deployment to Kosovo would be in- Mr. GEJDENSON. No, Mr. Chairman. ready cost U.S. taxpayers some $10 bil- consistent with the need, recently acknowl- The CHAIRMAN. Without objection, lion. After violating two self-imposed edged by the Joint Chiefs of Staff, to reverse the amendment is considered as having deadlines for the withdrawal of our the trends which have already severely com- been read. military forces from Bosnia, the ad- promised the ability of the United States There was no objection. ministration today offers no end in Armed Forces to carry out the basic Na- The CHAIRMAN. The gentlewoman sight to our commitment there. tional Military Strategy of the United I would note that the Congress is al- States. from Florida (Mrs. FOWLER) is recog- (8) The Congress has already indicated its nized for 5 minutes on her amendment. ready on record in requiring the admin- considerable concern about the possible de- Mrs. FOWLER. Mr. Chairman, the istration, in Section 8115 of the fiscal ployment of United States Armed Forces to amendment that I am putting forward year 1999 Defense Appropriations bill, Kosovo, as evidenced by section 8115 of the today with the gentlewoman from Mis- to provide a report to the Congress on Department of Defense Appropriations Act, souri (Ms. DANNER) would make it clear the national security justification, exit 1999 (Public Law 105–262; 112 Stat. 2327), that the House does not support the de- strategy, cost, source of funds, and which sets forth among other things a re- ployment of United States ground other key considerations before the de- quirement for the President to transmit to ployment of any additional U.S. forces the Congress a report detailing the antici- forces to Kosovo and would spell out pated costs, funding sources, and exit strat- the reasons why. to Yugoslavia, Albania or Macedonia. egy for any additional United States Armed There is no question that the situa- That is Public Law that we voted on in Forces deployed to Yugoslavia, Albania, or tion in Kosovo is a tragedy. My heart this House and the President signed. Macedonia. aches for the people there just as it The President has indicated that the (9) The introduction of United States does for those who are caught in the size of any U.S. ground presence will be Armed Forces into hostilities, or into situa- midst of the civil war in Sierra Leone, small. The fact is the deployment will tions where imminent involvement in hos- the victims of religious strife in Kash- last for a minimum of 3 years. It will tilities may occur, clearly indicates author- increase already sky-high military per- ization by the Congress when such action is mir and Indonesia, the hundreds of not required for the defense of the United thousands suffering from induced fam- sonnel deployment rates. It will place a States, its Armed Forces, or its nationals. ine in North Korea, the masses sub- significant additional strain on our (10) United States national security inter- jected to suppression of human rights troops and will further compromise the ests in Kosovo do not rise to a level that in China and Cuba, the many who have Nation’s military readiness. warrants the introduction of United States been violated by enslavement in Sudan. For those who have not been out in ground forces in Kosovo for peacekeeping But as much as we would like to see the field to see our troops firsthand, purposes. all of these tragedies resolved and as today our military is undermanned, is Page 1, strike the second amendatory in- undertrained, and is underequipped. structions and insert the following: much energy as our diplomats and Page 1, strike line 8 and all that follows other officials might appropriately ex- Our service people have had it with through line 3 on page 2. pend to accomplish that, we have not constant deployments, chronic short- Page 2, strike line 4 and all that follows sent our troops to those places because ages and cannibalized equipment. through line 8. it is not within our power to solve all For me, the bottom line is this: Page 1, line 10, strike ‘‘DEPLOYMENT’’ the world’s problems. Could I look one of my neighbors in the and insert ‘‘LIMITATION ON DEPLOY- eye and tell them, with conviction, 1630 MENT’’. b that their loved one died in Kosovo in Page 1, line 14, strike ‘‘described in (b)’’ It does not make sense to me to com- defense of America’s vital interests? and insert ‘‘, subject to the limitation con- pound the tragedy in Kosovo by deploy- The answer is no. I urge Members to tained in subsection (b),’’. ing American troops there and sub- Page 2, strike line 1 through line 6 and in- vote ‘‘yes’’ on the Fowler-Danner sert the following: jecting them to hostilities and poten- amendment. (b) LIMITATION.—The President is not au- tial casualties. That would be an even Mr. LANTOS. Mr. Chairman, I rise in thorized to deploy ground elements of the greater tragedy. opposition to the gentlewoman’s United States Armed Forces to Kosovo as Simply put, while I am willing to amendment. part of a North Atlantic Treaty Organization provide other forms of support, includ- I have visited our troops in Bosnia on (NATO) operation to implement a peace ing air, intelligence, communications several occasions. One of the great mir- agreement between the Republic of Serbia and logistics support to a European ini- acles of the Bosnia venture is that not and representatives of ethnic Albanians liv- tiative to deploy ground forces to one single American soldier has been ing in the province of Kosovo. (c) RULES OF CONSTRUCTION.—Nothing in Kosovo, steps which my amendment injured or killed as a result of that par- this concurrent resolution shall be con- would permit, I do not believe that our ticipation, but our presence, along with strued— national security interests in Kosovo our NATO allies, has prevented the (1) to prevent United States Armed Forces rise to a level that warrants the com- continuing bloodbath that has inflicted from taking such actions as the Armed mitment of U.S. ground troops. that territory. Forces consider necessary for self-defense I am deeply concerned that U.S. Now, no one is arguing that Amer- against an immediate threat emanating ground forces are about to be deployed ican troops should go to war in Kosovo. from the Republic of Serbia; or on the sovereign territory of a dictator What we are advocating is a conclusion (2) to restrict the authority of the Presi- dent under the Constitution to protect the who is essentially being blackmailed to of an agreement between the Albanians lives of United States citizens. accept a NATO military presence. The and the Serbs in Kosovo, after which, Strike the second line 1 and all that fol- administration is pressuring Milosevic upon invitation, a 28,000 person force lows: and the KLA to negotiate by literally would go to that country to keep the

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.001 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4305 peace. Of the 28,000 soldiers, 4,000 the President’s decision to have a pre- pability of the United States armed should be members of our own armed ventive force sent into Macedonia, or forces. The ever-increasing number of forces. the former Yugoslavian, Republic of peacekeeping operations threatens to Kosovo, in a sense, is becoming a sec- Macedonia (FYROM), if one prefers, erode it. And, in fact, I would have to ondary issue in this debate. What we under United Nations auspices. And, of say that what has been done by moving are talking about is the survival and course, this Member voted for deploy- this country’s armed forces more and the vitality of NATO. As I mentioned ment of our troops to the Persian Gulf more into peace enforcement activi- earlier today, some of us will be in area for Desert Shield and Desert ties. It is damaging the capability of Independence, Missouri, tomorrow at Storm because, in fact, one country, a the U.S. military. the Truman Library with the ambas- member of the United Nations, invaded This Member would also mention sadors and governmental leaders of Po- another. that frequent and recurring recalls of land, the Czech Republic and Hungary, But I do think the gentlewoman’s reservists and National Guardsmen to as we invite them to join NATO. They amendment is entirely appropriate, support these missions will eventually will ask the question: Why should they and it does not go to totally restricting take its toll on U.S. businesses, Amer- join NATO if NATO is unwilling, upon American involvement in Kosovo. It ican productivity and personal careers. invitation, to take part in a peace- simply says no ground troops. It does Perhaps the Members understand that keeping mission? not prevent all kinds of support, such the gentleman from Washington (Mr. The gentlewoman is talking about as logistical, intelligence or even air NETHERCUTT) already has a tax credit military readiness. What is the mili- support. bill introduced to try to assist busi- tary readiness for if it is not to prevent Now, I would like to address the issue nesses whose National Guard personnel the continuance of bloodshed upon of why the Europeans think American and military reservists are abroad all reaching an agreement between the Al- forces should be involved on the ground the time. That is an understandable banians and the Serbs? in Kosovo. Our European friends and concern. I guess we have had about This debate today in this House allies say they cannot act without 10,000 lawsuits filed now against enter- makes me awfully glad that some of American leadership. As a long-term prises by Guardsmen or reservists who my colleagues were not here when the member of the North Atlantic Assem- have not been able, in the eyes of the decision was made to participate in the bly from the House, I regularly have Guardsmen or the reservists, to be Second World War or the Korean War heard from our European friends that placed back in the job they left for de- or the Persian Gulf War. Isolationism nothing can be done without America. ployment or in a comparable job when is rampant in this body. I repeat that. Frankly, this is nonsense. NATO has they return. Now that should tell us Isolationism is rampant in this body. If established and has had in place for the something. the Congress of the United States is last 2 years a concept or procedure The Administration appears intent to not prepared to participate in a NATO called Combined Joint Task Forces, act independent of Congress to commit peacekeeping mission, upon the invita- CJTF, where, out of area, some mem- troops to Kosovo. This is both uncon- tion of the two parties, for goodness bers of NATO can participate in a mis- stitutional and it is shortsighted. It sake, what is NATO prepared to do? sion, out of area without all of them jeopardizes the very interests Presi- What is the purpose of NATO if it is participating. This is an ideal time for dent Clinton has vowed to preserve and not minimally to preserve peace in Eu- the CJTF concept to be employed. protect, placing at risk not only the rope? I also would note that the press re- Balkans but also the U.S. war-fighting I ask my colleagues to reject my col- ports coming out of the negotiations capacity. league’s amendment and to accept the have some of our European friends in- And I would say that what is hap- responsibility of the one remaining su- sisting that the administration’s will- pening in Macedonia today, with Ser- perpower for making a modest con- ingness to offer several thousand bian troops on their border with tanks tribution, and I underscore it is a mod- troops is far too small—that several and artillery as a result of American est contribution, to a NATO effort to times that number are necessary. The and coalition threats, certainly does preserve the peace. Europeans desperately want to be not stabilize Macedonia; Certainly does Our friends in the United Kingdom treated as equals but they seem terri- not prevent the possibility of Greece are ready to send 8,000 people to fied to act on their own. While I firmly and Turkey coming in on opposite Kosovo, twice as many as we are, yet support the Alliance, we have to break sides; it makes a destabilized Mac- the Brits’ population is one-fifth of our friends of their undue reliance on edonia more likely. What is happening ours. What do we tell our friends in U.S. military superiority. there today because of this so-called London when they are ready to send This Member is also concerned about peace enforcement, peace arrangement 8,000 people into that peacekeeping the deployment of more U.S. armed between Serbia and the KLA, or the force; that they should do it all? Well, forces on yet another peacekeeping Kosovars, is really destabilizing. they have told us there will not be a mission. Really, however, in Kosovo it The Kosovars, particularly the KLA, NATO peacekeeping force unless we is peace enforcement. There is not do not have any interest in autonomy. participate. It is only rational that going to be any peace to be kept be- Their interest is independence. And, in this minimal participation on the part cause both these parties, the Govern- fact, we have Members standing up in of the United States be approved over- ment of Yugoslavia or Serbia and the our committees insisting that the whelmingly by this body. KLA and the Kosovars are being co- Kosovars should be acting for inde- The voices of isolationism have often erced. That peace enforcement mission pendence. What is that going to do to carried the day in the Congress of the for U.S. ground forces in Kosovo will the stability of Albania, Turkey, Mac- United States. I hope to God this will exacerbate the detrimental impact edonia and Bulgaria? It is not positive. not be one of those days. these missions are having on our mili- Mr. Chairman, I thank my colleagues Mr. BEREUTER. Mr. Chairman, I tary readiness to respond to a major for listening. move to strike the last word, and I rise attack against our direct interests. Mr. Chairman, this member has yet to be in support of the Fowler amendment. Mr. Chairman, peacekeeping is whol- convinced that this mission is well-thought-out I particularly want to claim the right ly different from war fighting. Military or that it is necessary to risk the lives of U.S. to speak after the distinguished gen- units deployed on peacekeeping assign- armed forces men and women in another tleman from California (Mr. LANTOS), ments must undergo extensive training country’s civil war. This Member is also mind- because the gentleman knows perfectly to regain, renew and reestablish their ful of assertions that a civil war in Serbia could well that this Member is not an isola- fighting skills. Reliance on the U.S. to spread to Macedonia and then bring two tionist, since the gentleman from Cali- spearhead and to put teeth into peace- NATO allies into conflict—Greece and Turkey. fornia and I were among the two Mem- keeping or peace enforcement missions While this might make a case if the conflict bers who probably had more impact on is, frankly, eroding the war fighting ca- were occurring in a country adjacent to a

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00047 Fmt 0688 Sfmt 9920 E:\BR99\H11MR9.001 H11MR9 4306 CONGRESSIONAL RECORD—HOUSE March 11, 1999 NATO ally, Serbia does not meet this criteria. Despite the precedents set by this Adminis- ner amendment and in opposition to The use of this argument, to deploy U.S. tration’s previous actions, or by previous presi- sending troops to Kosovo. We must al- armed forces to Serbia, is nothing more than dents, President Clinton has avoided the con- ways question the wisdom of putting veiled, highly speculative justification. In this stitutional framework for determining whether it our military in harm’s way, most par- Member’s mind, it is a poor display of leader- is of vital national interest to devote a signifi- ticularly in what is essentially a civil ship for the world’s only superpower. The Clin- cant portion of our military capability keeping war. ton Administration is too quick to resort to the the peace at two places in the Balkans. Why I would like to share with my col- heavy hand of U.S. military intervention. Just is this important? It is important because it leagues today a letter I received from a because we can, doesn’t mean we should! jeopardizes the continuity of American policy. constituent whose husband and family While some liken the circumstances leading Policy set by the Administration acting alone in are much closer to this situation and to our potential involvement in Kosovo as simi- this case becomes susceptible to change its ramifications than those of us here lar to those that resulted in U.S. troops de- upon election of a new president, which will today. ploying to Bosnia, this Member disagrees with occur in less than 2 years. Congressional ap- 1645 this assessment. Unlike Bosnia, Kosovo is not proval of any American or NATO invasion of b a sovereign nation—it is a province within the Kosovo, on the other hand, enables continuity I like many of my colleagues have sovereign nation of Serbia. The Kosovo Lib- of our foreign policy and use of combat force, also traveled to Bosnia, but let me tell eration Army (KLA) is an armed separatist even after the end of the president’s term. you the story of someone who has group that appears focused on a singularly im- Last, and far from least, we are on the served there. portant objective—independence for the ap- verge of what this Member considers to be a She writes: proximately two (2) million ethnic Albanians much more serious breech of peace in the Congresswoman Danner, I would like to living in Kosovo. Kosovar leaders, in Serbia, Balkans. The People’s Republic of China has commend you for your stance on the issue of want independence, not peace. Serbs are led used its veto power on the U.N. Security sending troops into Kosovo. You may re- by one man, Slobodan Milosevic, who is ada- Council to kill extension of the first-ever United member that Bob was with one of the first mantly opposed to independence for Kosovo Nations Preventive Deployment Force units to serve in Bosnia. Ten days after we were married, he left for 11 months there. At and who is willing to militarily oppose the pres- (UNPREDEP) in the former Yugoslav Republic ence of foreign troops in Serbia. With tension the time, I supported it, believing that the of Macedonia (FYROM). Continuation of the troops would be out in a short period of time on both sides, and a history of failed attempts international peacekeeping presence in Mac- and that real peace would be achieved. After to establish an accord between Serbs and edonia (FYROM) has now come into question. the experience of spending time in Europe, Kosovars, it is highly likely that the already Yesterday, the distinguished gentleman from my position has changed. I have watched sol- sizeable casualty count will continue to rise. the 12th District in California, the Honorable diers spending multiple tours in Bosnia away This Member has not been convinced we Tom Lantos, joined this Member in signing a from families. The divorce rate is high, chil- should risk adding the names of U.S. per- joint letter to the Secretaries of Defense and dren do not have their fathers and mothers sonnel to that growing casualty list. State, urging, in the strongest possible terms, with them, and families are breaking apart The high tension between KLA and Serb due to the strain. Please work to encourage that a continued U.S. ‘‘preventative’’ peace- your colleagues to think about the ramifica- forces, compounded by recent action by the keeping force remain in Macedonia. It is this Serbs to amass 4,500 heavily armored troops tions of sending troops to Kosovo in human Member’s hope that the Scandinavian forces terms. with artillery on the southern Kosovo border of UNPREDEP will also remain. Mr. Chairman, we were told that our with the Former Yugoslav Republic of Mac- Macedonia is surrounded by countries—Al- military commitment to Bosnia would edonia (FYROM), will turn this into peace-en- bania, Bulgaria, Yugoslavia, Greece, and Tur- last 1 year. We are now approaching forcement—a police action. This brings back key—that, themselves, are experiencing inter- the fourth year. We were told it would haunting memories of Korea, Vietnam, and nal or external difficulties, or both. Macedonia cost $1 billion. It has now cost $10 bil- Somalia. As history has shown, peace-en- is a highly volatile friction point, and it is no lion. Thus, we must have, I think, forcement does not lend itself to an exit strat- coincidence that the Macedonian region has great concern for any commitment egy. Police presence is rarely a temporary sit- been the starting point for past wars. There- with regard to Kosovo. There is no rea- uation. In 1995, the Administration indicated fore, it is vitally important that the presence of son to believe that a mission in Kosovo that U.S. troops would be home from Bosnia a stabilization force be maintained. A continu- would not drag on indefinitely with a within a year. The fact is that about 6,200 ation of the U.N. mandate may no longer be American military personnel remain deployed an option, but the U.S. may find it necessary high possibility of American casual- within Bosnia nearly four years later. The suc- to expand its force structure in this sovereign ties. I strongly urge my colleagues to sup- cessful resolution of the crisis in Serbia will country, where we, legitimately, have been in- port this amendment. guarantee a continuous, long-term U.S. mili- vited, where we have unambiguous national Mr. SAM JOHNSON of Texas. Mr. tary presence there, as well as in Bosnia. interests because of threats to the integrity of Chairman, I move to strike the req- This Member has previously voiced, and still the NATO alliance, and where we absolutely uisite number of words. has, enormous difficulties, for many reasons, cannot afford an escalation of conflict. Were Mr. Chairman, we keep talking about with the proposal to deploy several thousand Macedonia to become engulfed in ethnic con- a peace agreement. There is not one. If U.S. troops as part of a NATO peacekeeping flict, it is quite possible that Greece and Tur- there were one and our forces were sent force for Kosovo. Those reservations have key, two key NATO allies, would become en- in, that is fine. But without a peace nothing to do with whether Serbian mis- gaged on opposing sides—and Albania and behavior merits punishment. This Member cer- Bulgaria might become involved, too. The po- agreement, we are going to coerce tainly does not condone anything the Serbs tential is that instability in Macedonia would those other nations into signing one, have done recently, or over the past decade, cause the southern Balkans to erupt into yet and I do not think that that is a very to foment Kosovar unrest. Belgrade has been another conflict, potentially leading to a much American way to deal with this prob- condescending toward, and abusive of, the broader conflagration, or even war. It is a pos- lem, not by force. And I do not think rights of ethnic Albanians, giving rise to the sibility that must be avoided. that we ought to be bombing over there KLA. Yet, Secretary of Defense William Cohen There are appropriate places in the Balkans in an effort to try to coerce them to correctly has noted that ‘‘the notion that only to deploy U.S. troops: Macedonia, for exam- comply with our peace agreement that the Serbs have engaged in atrocities is incor- ple. This Member is not convinced, yet, that it we put forward. rect.’’ While acknowledging that both sides are is appropriate to further tax the U.S. or its NATO is not at risk. NATO is a de- contributing to the conflict, this member would armed forces by allowing this Administration to fensive organization, not an offensive quickly point out that the KLA forces were not risk the lives of U.S. service personnel in Ser- organization. We appear to be aggres- the ones to displace nearly 400,000 people, bia, including Kosovo. sors. I really worry after talking with they did not destroy more than 19,000 homes, Ms. DANNER. Mr. Chairman, I move our people over there that we are going nor did they destroy nearly 500 villages. The to strike the requisite number of to lose an airplane or two. It may not Serbs accomplished this brutality, now under words. be from ground fire but ultimately we the ultimate direction of one individual, Mr. Chairman, I rise today to express could lose one from engine failure, and Slobodan Milosevic. my strong support of the Fowler-Dan- we may. And if that guy gets down in

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.001 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4307 that area, those people are not going to Mr. Chairman, the other side talks I also do not understand some of my be very nice to him. They do not like about all kinds of reasons why the colleagues who are always one to have us over there. United States should not send any of more money for the defense budget, Yesterday, Secretary of State Mad- its troops into Kosovo. We know that they always fight for more money for eleine Albright told the Congress to there has been ethnic cleansing. We defense but yet they never seem to put off today’s debate because it might know there has been genocide. I was al- want to use the defense. It does not harm the negotiations. I would tell the ways taught that two wrongs do not make sense to me at all. If we are the Secretary the reason this debate is nec- make a right and to me it is ridiculous superpower in the world, and we have a essary is because the real danger is to say, well, there is genocide going on strong defense, and we need to beef up recklessness with our foreign policy. in all parts of the world so therefore we our defense, then there are times we The President is about to put our should not intervene in any part of the need to use our defense. This is such a troops in the middle of an ethnic and world. That does not make sense to me time. We heard when we were debating religious war that has been going on at all. Bosnia here in Congress that there for thousands of years. It is a lose-lose I rise in opposition to the gentle- would be hundreds if not thousands of situation for America. We lose because woman from Florida’s amendment American casualties. That has not hap- our troops will be deployed to a coun- which in effect guts the gentleman pened. It will not happen in Kosovo, ei- try without a clear mission. Just as in from Connecticut’s amendment. The ther. The naysayers, the doom and Bosnia, the President has no entry or isolationist attitude that I hear gloom people, it will not happen be- exit plan, he has failed to explain the amongst some of my colleagues is in- cause our forces are the best. There is cost of the mission, and he has failed to deed troubling and puzzling. We have a mission here, and it is a specific mis- explain what effect it will have on the heard these arguments time and time sion here. We are going to Kosovo to already sinking morale of our fighting and time again. We heard these argu- keep the peace. Mr. Milosevic has men and women. The President’s con- ments during the Second World War slaughtered hundreds and hundreds and tinued use of hollow threats of force when 6 million people plus were eth- thousands of Albanians. People there only guarantees that our soldiers will nically cleansed and the Holocaust was have no rights. They have no civil be put in harm’s way and that dic- there. I am not saying that this is on rights. They have no human rights. tators will continue to control how our the same level, but when innocent peo- Men, women and children are slaugh- foreign policy is run. Despite this, the ple are killed because of their race, or tered. We have seen the carnage. Only President continues to state he will ethnicity, we have a right and a duty, the United States leadership can stop send 4,000 U.S. troops to Kosovo if a I think, to respond. We saw in Bosnia it. This is not the time to be isolation- peace agreement is signed. that until the United States grabbed ists. Mr. Chairman, I fought with our Air the bull by the horns, Europe was not I appeal to my colleagues, and again Force in both Korea and Vietnam, and capable of stopping the carnage, and we I think this is the wrong time to be de- I am opposed to the use of U.S. mili- saw 200,000 people ethnically cleansed bating this, because there is no peace tary force where we are not threatened because of their ethnicity, and we will agreement. That is just the point. The in this country. I am disturbed that the see it again in Kosovo unless we are gentleman from Texas said there was President would use NATO to attack a willing to step in. no agreement. I think if we pull the sovereign nation. NATO was not de- Now, we talk about burdensharing, rug out from under the President and signed to and should not be used for and I accept the argument that it is say we do not want troops before there those purposes. The President knows not fair to ask us to do the lion’s share. is an agreement, there surely will not this, and he has continually ignored But here we are only proposing 4,000 be an agreement. We should have wait- the Congress when making decisions troops out of 28,000. This is the poster ed until there was an agreement to de- that impact our ability to keep peace child for burdensharing. Our NATO al- bate this in the United States House of throughout the world. Our fighting lies are doing the bulk of the troops. Representatives. men and women are being used as And for the United States to pull out I sincerely hope that our colleagues pawns in a failed foreign policy by this now or for this Congress to send a will understand the gravity of this administration. Our soldiers are leav- wrong message now does such harm to issue and support the gentleman from ing the services in droves. Recruiting is the negotiations, I think probably de- Connecticut and support the gentleman down, morale is low, and the main rea- stroys the negotiations, and how many from Texas. No more than 15 percent son is failed policies that ship our sol- more thousands of people will have to United States participation is needed. diers, sailors and airmen around the be killed until we step in a year or two Mr. DELAY. Mr. Chairman, I move to world with no purpose or plan. or three years away? Isolationism did strike the requisite number of words. Mr. Chairman, we should not send not work during World War II, it did Mr. Chairman, I rise today to voice troops, we should not send bombs, we not work during other wars, and it will my complete opposition to sending should not get involved. It is a conflict not work now. I can never understand American troops to Kosovo. There is that is destined to follow the rest to my colleagues who say that somehow simply no vision to this mission. Even failure. The President ought to think people who volunteer for the armed the casual observer can see that the long and hard before he puts our troops forces and do not want to go, somehow proposed Kosovo initiative has no in a bottomless pit. He has a responsi- that is a reason not to send troops. If timetable, no rules of engagement and bility to our fighting men and women you volunteer, you know you are vol- no greater strategic plan for that re- and to this Nation to admit there is no unteering, and in the future you know gion. Unfortunately, the undefined defined mission in Kosovo and our you may have to go. So to me because Kosovo mission is symbolic of the lack troops do not belong there. I know somebody wants to be with their fam- of direction of our recent American for- that, however, if our fighting men and ily, I would want to be with my family, eign policy. There is a 6-year trend to women are called to duty, they will go too, but that is not a reason for United send American troops anywhere for and they will serve with honor as they States troops not to do what we need any reason, but there are no consistent always do. But under our Constitution, to do, which is in our national interest. goals that tie all of these missions to- I believe we in the Congress have as It is in our interest to stop genocide. It gether. much responsibility as the President is in our interest to stop a wider war Ronald Reagan once said that chang- and we must not ask our soldiers, sail- which will surely happen if we let it go ing America’s foreign policy is a little ors and airmen to serve in Kosovo unchecked. We have allies, Greece and like towing an iceberg. You can only without a defined mission or national Turkey and other allies, that can be pick up speed as the frozen attitudes interest. sucked into a wider Balkan war. But if and mistakes of the past melt away. Mr. ENGEL. Mr. Chairman, I move to we take steps now along with NATO, America needs to quickly change direc- strike the requisite number of words. we can prevent all this. tions and leave behind the chilling

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.001 H11MR9 4308 CONGRESSIONAL RECORD—HOUSE March 11, 1999 comedy of errors that has defined our ters. The administration has no plan to Mr. Chairman, sending U.S. troops to recent foreign policy. do anything but just go to Kosovo, hold Kosovo is a lose-lose situation. No mat- Ronald Reagan is a statesman. Dur- the hands of both sides and hope that ter how we look at it, it is dangerous, ing his administration, the United they will behave when we leave. But of it is costly. States was the dominant force on the course they will not. The killing and America has no strategic interests in world’s stage because there was no mayhem will continue as soon as the matter, and no one wants us to be mystery to American foreign policy. NATO pulls out. there in the first place. Support the During that time, America boldly told So how long does the President plan gentlewoman from Florida’s amend- the world that we would bring peace to keep our troops there any way? No ment. through strength. Ronald Reagan stood occupation can or should last forever. Mr. DEFAZIO. Mr. Chairman, I move up to the tyranny of communism and There is a litany of reasons why we to strike the requisite number of said that the American way would tri- should not send troops to Kosovo, but words. umph, but not through conciliation the most compelling are the new power Mr. Chairman, I rise in strong sup- and not through appeasement. The and responsibilities the mission port of the underlying amendment, the United States won that Cold War be- unthinkingly gives to NATO. There are Gejdenson amendment limiting the cause of the truth of our principles. In serious concerns about this new peace U.S. share of the operation 15 percent, every corner of the world we pushed for making direction for NATO. Its pur- and in opposition to the second degree freedom and democracy. pose is always to be a defensive alli- amendment. Oh, how American policy has ance, not an offensive force. I was a bit puzzled by the gentleman changed since the days of Ronald The CHAIRMAN. The time of the from Texas (Mr. SAM JOHNSON), who Reagan. Today there is simply no cohe- gentleman from Texas (Mr. DELAY) has preceded me in the well, who stated expired. sion and no consistent principles that that we were voting on an agreement (By unanimous consent, Mr. DELAY form the basis for everything we do on that was not yet complete and, there- was allowed to proceed for 2 additional any spot of this map of the world. fore, we should vote against it. I share minutes.) part of that concern. I wish that the American foreign policy is now one Mr. DELAY. Mr. Chairman, NATO’s leaders of the House had held this de- huge big mystery. Simply put, the ad- purpose has always been a defensive al- bate until the agreement was complete. ministration is trying to lead the world liance, not an offensive force going I talked to the White House today. with a feel-good foreign policy. This into nonmember nations uninvited. They assured me that if an agreement feel-good foreign policy tears us away Once NATO starts meddling in the in- is reached, and I believe if we vote in from peace through strength and it has ternal affairs of sovereign nations, opposition to this resolution an agree- resulted in creating chaos through where does it stop? Think about this ment will not be reached, that there weakness. This administration makes question for a moment. Outside of the threats and never follows up on them. questions of time and cost and objec- would be a minimum, absolute min- They set deadlines that are broken and tive, the Kosovo policy we are debating imum, of 3 days before U.S. troop de- reset, just to be broken again. Amer- here today would have tremendous ployment could begin. That would give ican foreign policy failures over the ramification on NATO’s overall mis- the House more than ample time. We last 6 years litter the international sion. We have to take a stand against could stay here this weekend and con- landscape. Mission-creep in Somalia these kinds of deployments now to en- duct the Nation’s business with the full cost the lives of American soldiers. sure that we stop them before they facts of the peace agreement before us North Korea continues to flaunt inter- ever get started. instead of having to vote in the context national law by speeding ahead with NATO is starting to resemble a of are we undermining the peace agree- their nuclear program with no con- power-hungry imperialist army. Origi- ment that might happen or are we not, sequences whatsoever. Haiti is still not nally designed to defend member na- which is what we are doing right now the beacon of democracy, despite send- tions from attack, it is now setting in this debate. ing U.S. Marines there. Afghanistan itself up to be the attacker. Despite the There is no one in this House whose and the Sudan were bombed in the fact that the two parties in Kosovo been a stronger proponent for more blink of an eye. Yet Osama bin Laden refuse to negotiate even directly than a decade of the restoration of the still represents a threat to thousands amongst themselves and have rejected rightful powers of the Congress when it of American lives. a cease-fire, the administration threat- comes to war powers. As my colleagues We continuously bomb Iraq, without ens to bomb the Serbs to make them know, there are a few who have been any clear goals, and without getting cooperate at the peace table. more critical of the lack of participa- any closer to our ultimate objective of There is one major catch here. There tion of our wealthy NATO allies in Saddam Hussein being removed from is no peace table, just like there is no many things, including their own de- power. Russia, with its massive nuclear peace. The two sides continue to at- fense during the years of threat by the capability is coming apart at the seams tack one another with a vengeance. It Soviet Union. But that said, the timing and selling weapons and technology to does not matter how many soldiers of the resolution before us and the de- scrape by, and we do nothing. China is NATO sends over there, no number of bate are very troubling. As my col- walking all over us, pure and simple. troops can keep peace if there is no leagues know, we should not be having Currently we are stuck in a never-end- peace to begin with. The proposed a debate on authorizing the use of U.S. ing peacekeeping mission in Bosnia Kosovo mission is just another bad idea troops under not yet totally clear con- that was proposed as a 1-year commit- in a foreign policy with no focus. ditions while the negotiations are on- ment. That promise was made 4 years As with all the recent failures in going. ago. And now we have Kosovo. American diplomacy, the administra- Mr. Chairman, I really fear that a no tion is trying to obscure its lack of a vote here by the House of Representa- b 1700 comprehensive agenda, and they are tives tonight will embolden Mr. Kosovo is not a hopeful nation aspir- doing it with bombs. Bombing a sov- Milosevic and his genocidal henchmen ing to democracy. It is a big dangerous ereign nation for ill-defined reasons and keep them from signing an agree- quagmire. The ethnic Albanians want- with vague objectives undermines the ment. Some say we are bullying him. ed total independence, and the Serbs do American stature in the world. The Well, someone has got to stand up to not want to give up any important international respect and trust for the bullies in this world, and perhaps it parts of their country. Both parties America has diminished every time we is time that the United States did. have consistently rejected any chance casually let the bombs fly. We must On the other hand, a yes vote is prob- of a real cease-fire. stop giving the appearance that our lematic in that we do not have the Mr. Chairman, American soldiers are foreign policy is formulated by the final agreement before us. The gen- trained to be warriors, not baby-sit- Unabomber. tleman spoke the truth. What should

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.001 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4309 happen is we should stay in town. If an I have an article right here that they nuclear weapons. Well, let Europe. My agreement is signed on Saturday, we started fighting last night again in colleagues say Europe had not done it. can meet on Saturday, we can meet on Kosovo. They are burning houses, they Leadership would force Europe to pay Sunday, we can meet on Monday, and are burning bridges. their fair share and do what we are try- then we can consider a proper author- I rise in support of the gentle- ing to do. Russia has offered to put ization which could have conditions on woman’s resolution. Do my colleagues more troops in there. KLA did not want length, duration, size of the deploy- know who rejected it? Not the Serbs. that. Well, the hell with the KLA. Let ment, scope of deployment, objectives Holbrooke, Mr. Holbrooke, had to can- the Europeans, France, run by a So- and all those things in it for an up or cel the peace talks last night. He can- cialist-Communist group when they down vote. celed them until the 23rd because the took over the conservatives’ coalition, That would be the proper way to pro- Albanians rejected it. They will stop and they refused to do their part, let ceed in this matter. nothing short of having a separate them go in and do it, and let us not Mr. BEREUTER. Mr. Chairman, will Kosovo. They do not want just Kosovo. send our men and women in harm’s the gentleman yield? They want Montenegro, and they want way. Mr. DEFAZIO. I yield to the gen- parts of Greece. My colleague talked about not under- tleman from Nebraska. I said on the floor before, ‘‘Look at standing the gentleman from Texas Mr. BEREUTER. We may come out Bin Laden, look at the terrorist leaders (Mr. SAM JOHNSON). I do not expect my on different sides of this, but I thought 1 speaking openly and how they then fil- colleague would. He was a POW for 6 ⁄2 the gentleman ought to know that one trated around Itzebegovic in Bosnia, years, and he was a war hero. He was of the reasons why we are in this de- 12,000 mujahedin in Hamas. That is a tortured, he was shot down in Vietnam, bate from my perspective and I think threat to Europe, it is a threat to and he knows what it is to put our kids from the perspective of many people is Greece, and it is a threat to this coun- in harm’s way instead of sitting here in that we were told the same sort of try. Bin Laden, active in Albania with a soft, cushy chair saying, ‘‘Let’s send thing: Wait until the Dayton accord is the KLA; they have genocided them.’’ concluded. This is a very delicate nego- Montenegrins, Serbs, gypsies and Jews Mr. CROWLEY. Mr. Chairman, I tiation; do not get involved. But by the recently, and they continue to do that. move to strike the requisite number of time the signature ended up on the line They have been fighting for 500 years. words. at Dayton, troops were already on the As my colleagues know, the gen- Mr. Chairman, I rise in strong sup- way, Congress was precluded from ac- tleman talked about some of us fight port of the Gejdenson amendment. I tion, and we were told, ‘‘You must now for defense dollars. Absolutely right. support the gentleman from Connecti- support our men and women, the troops Look at the emergency state that our cut’s amendment, but I have strong abroad.’’ national security is in right now. The reservations, strong reservations of the Mr. Chairman, that is the reason why President has not asked for one dime Republican leadership’s timing on this we are at this stage in my judgment. legislation. Bringing this measure to Mr. DEFAZIO. Mr. Chairman, I thank that our defense are going down, and helping building the roads and working the floor for debate while negotiations the gentleman for that, but we always are still underway is totally irrespon- reserve the power, and I have come to our DOD and other agencies. In Hon- duras, millions of dollars, and I support sible. this floor many times to question pre- Mr. Chairman, if and when a peace them doing that. I mean they have cipitous deployment without lawful agreement is signed by both sides, I be- made a marvelous expansion down consultation with Congress and with- lieve an American presence as part of a there in helping people in poverty. But out an authorization of Congress. I larger international peacekeeping force when we look at Haiti, as my col- have gone so far as to sue past Presi- in Kosovo is and will be necessary. dents over this issue, but we were de- leagues know, we are still spending $25 nied standing in the courts. million a year there building schools b 1715 So in this case, as my colleagues and bridges. That comes out of the de- The Kosovar Albanians have already know, I believe that we would be given fense dollar. In Somalia, billions of dol- made clear that they will not agree to that opportunity. We can certainly lars. And look what four times going to any peace proposal without American grasp that opportunity by staying in Iraq, the billions of dollars. In the participation in an implementation town and going into session the mo- Sudan, a billion dollars did not do very force. ment we hear the accords have been much. Knocked out a pharmaceutical In addition, we have seen that the signed, and then framing a resolution plant. But all of these things come out threat of force is the only language that properly addresses the concerns of that defense dollar, and what has that President Milosevic understands. around those accords. That is the way that set us back to? A strong U.S. presence in Kosova would we should proceed. So we are being Our kids, our men and women in the demonstrate to Mr. Milosevic that we given a pretty crummy choice here to- military, we are keeping only 23 per- would not tolerate noncompliance with night, which is to undermine the peace cent of them because our deployments any of the agreements, provisions or a negotiations by voting no or vote yes exceed by 300 percent the deployments return to the brutal campaign of re- on something when we do not fully ab- during the height of Vietnam, and yet pression and genocide that he has solutely 100 percent understand the we are going to ask only 4,000 of them. brought upon the ethnic Albanian com- conditions and terms. Do my colleagues know the families munity. Mr. Chairman, I wish that the leader- and what they are going through right Mr. Chairman, while our NATO allies ship on the other side would reconsider now? We are keeping only 30 percent of have already pledged to provide the perhaps, pull the bill, keep us in town our pilots. The number one issue is bulk of a post settlement force in and take up this issue when it is more family separation. We are driving our Kosovo, we must recognize that some timely. military into the ground in a very bal- U.S. participation is not only desired Mr. CUNNINGHAM. Mr. Chairman, I anced budget amount that we allow, but is expected by our allies. Quite move to strike the requisite number of and then we take 16, not 8 billion, 16 simply, such participation may be es- words. billion, if we take the cost of bringing sential to securing the confidence of all Mr. Chairman, when a member of my on the reserves and we take the other the parties involved. own party tried to stop COLAs for our costs associated with going, 16 billion Mr. Chairman, I have a strong and vi- military, the gentlewoman from Flor- just for Bosnia, and that does not in- brant Albanian and American commu- ida (Mrs. FOWLER) was the first one to clude next year. That all comes out of nity in my district in the Bronx and jump and say, ‘‘Duke, I’ll support you. defense, and then again we are going to Queens. Many of these families have Let’s get a coalition together, and let’s have to go in here. relatives in Kosovo who have been stop it.’’ She cares deeply about our And they were talking about giving a raped, maimed and murdered by Ser- military and our troops. billion dollars to Russia to stop some bian forces.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.001 H11MR9 4310 CONGRESSIONAL RECORD—HOUSE March 11, 1999 The United States, and we as a Con- in the summer, with 500,000 Albanians living ‘‘It was his brother in Kosova, and he was gress, cannot turn our backs or jeop- as refugees, according to international relief in the middle of shooting.’’ Mr. Madonia ardize the peace process in Kosovo. agencies. These agencies also say that 1,000 said. ‘‘He’s sitting here in this office, talking While I strongly support an Amer- to 2,000 ethnic Albanians have been killed, to his brother who is in the front lines, in though many agency representatives say the middle of a war.’’ ican presence in an international im- they believe that figure is low. In July, there were other calls. One broth- plementation of force, I believe to de- Reports last week that Yugoslav soldiers er and two cousins had been fatally shot. bate this issue at this time is both irre- were withdrawing from ethnic Albanian vil- The Kosovan Liberation Army, with the sponsible and damaging to our ability lages because of NATO bombing threats of- help of European expatriates, obtained doz- to conclude a peaceful agreement. fered scant comfort. Local immigrants say ens of powerful cell phones and distributed Mr. Chairman, I include for the they do not believe that the Serbians, their them to the villages, according to Isuf Hajrizi, managing editor of Illyria, and Alba- RECORD the following New York Times ancient enemies, will stop their attacks. nian newspaper based in the Bronx. When article. All along Arthur Avenue and Pelham Parkway in the Bronx, in New Jersey cities Mr. Hajrizi’s parents, along with about 40 [From the New York Times, Nov. 6, 1998] like Paterson and Garfield and in neighbor- other relatives in the village, climbed high FAR FROM KOSOVO, ANGUISHED VIGILS AND hoods throughout Manhattan, ethnic Alba- into the mountains above the village to es- MOURNING; CONCERN FOR FAMILY MEMBERS nians are trying to deal with their personal cape Serbian soldiers, they carried the cell RESHAPES IMMIGRANTS’ LIVES tragedies in the midst of this international phone with them. ‘‘They had no food,’’ he (By Barbara Stewart) drama. said. ‘‘But they had that phone—their only Nearly every week, all summer long, Ismer Weddings and other celebrations are being link to life.’’ But with only one cell phone for at least Mjeku, a Bronx entrepreneur from Kosovo, canceled. When their world is right, Alba- 1,000 refugees, it can take hours, or even days attended at least one wake, as one Albanian nians frequently celebrate with huge parties, to get through. Mr. Hajrizi last reached his compatriot after another learned of relatives hiring Albanian musicians so that hundreds family after spending 10 straight hours dial- back home killed by Serbian soldiers. By of guests can do traditional folk dancing ing, and then persuading the person who an- late August, it was practically routine. He until morning. But nobody has the heart now swered to hike over to his parents’ campsite would meet his uncle and cousins at one of for celebrating. to deliver the phone. the small, dim clubhouses where Albanian Last fall, the Piazza Bella hired an Alba- nian band to play traditional music, attract- When he finally hear his 74-year-old moth- men sit, smoking cigarettes and drinking er’s voice, she told him that their home and tiny cups of sweet Turkish coffee and where ing expatriates from miles around. In Feb- ruary, after the first massacres were re- their village had been looted and burned. traditionally, they have also held wakes. They had no food or shelter. She begged for For the last few months, these spaces have ported, Mr. Haxhaj and Bilbil Ahmetaj, the help. ‘‘Why is it like this?’’ she asked, as her been rented time and again by immigrant Al- co-owners, stopped the music. son listened helplessly. banian men, who would spend a day or two of ‘‘We can’t be over here dancing and getting drunk when little kids are being killed and That was two weeks ago. Since then, he mourning there. While the women remained has not been able to get through despite try- home, receiving the condolences of their fe- villages are being trashed,’’ said Fekrim Haxhaj, the owner’s 18-year-old son. ing every day. They must have returned to male friends, the men would spend the day at the village and are trying to cobble together the club in a ritual called pame, ‘‘to see,’’ or In normal times, the vast majority of the big wedding parties at Il Galletto, a banquet shelter there, he tells himself. ngushellime, ‘‘condolences.’’ ‘‘I check the Internet constantly,’’ he said. hall in North Bergen, N.J., are held by Alba- By Labor Day, Mr. Mjeku, 38, had attended ‘‘I haven’t seen their names on the lists. As nian parents, said Vymer Bruncaj, who is a 10 or 11 pamet within 9 weeks. Like the oth- long as they don’t show up on the lists, they part owner. But lately, he said: ‘‘The wed- ers in his group, he shook the hands or probably are O.K.’’ hugged the shoulders of each grieving man, ding invitation for Albanians is zero—no in- sat and drank a single cup of coffee and vitations. The last five, six months, you can- Mr. FOLEY. Mr. Chairman, I move to smoked one cigarette, rose and offered his not find one.’’ strike the requisite number of words. condolences to each man again, and then Young couples are postponing their wed- Mr. Chairman, I rise in strong sup- left, making room for the next group. dings or marrying quietly, with fewer guests port of the amendment by the gentle- But a few weeks ago, after the older cousin and afternoon parties without music. Last woman from Florida (Mrs. FOWLER). who had been a second father to him was spring, Alta Haxhaj, Fekrim’s cousin, can- Obviously, she does not come to this shot and killed in his home village, Mr. celed the elaborate wedding for 1,000 guests issue as a casual observer. In fact, she that she had been planning for a year. In- Mjeku refused to hold a pame. ‘‘We cannot represents Mayport Naval Station, keep doing these one by one,’’ he said in his stead, she and here fiance married quietly, in small walk-up office on Arthur Avenue in street clothes. ‘‘No big pouf,’’ she said. ‘‘No which is often the first to deploy forces the Belmont section of the Bronx, where he tail behind me, no white pearls.’’ in times of conflict. produces an Albanian business directory. When ethnic Albanians get together these I join her in opposition to sending ‘‘So many people died in Kosovo the last days, it is probably for a candlelight vigil American ground forces to the wartorn three months. It’s not special, each death. outside the United Nations or the White province of Kosovo. I would remind my It’s not—wow. It’s war.’’ House. Conversation never strays far from colleagues that four years ago the For many of the approximately 200,000 Al- their worries. At home and in offices, the President sent thousands of American computer stays on; the Web site banians in and around New York and New troops to Bosnia for what he assured us Jersey—70 percent of whom come from www.kosova.com carries updates on news Kosovo, a Serbian province of Yugoslavia in from the region in Albanian and lists the would be a 1-year mission. which 90 percent of the population are ethnic most recent victims. (Kosova is the ethnic I underscore the comments of the Albanians—death is no longer special. After Albanians’ preferred spelling.) gentleman from Nebraska who was eight months of Serbian attacks on their rel- Mr. Mjeku, the Bronx businessman, checks quite concerned that while we were ne- atives in Kosovo, even the deaths of children the Internet when he gets to work. On Sept. gotiating a peace agreement at that have become numbingly routine. 30, he spotted his cousin’s name on the list of time of the Dayton Accords, American Yet the deaths back home have reshaped casualties. ‘‘I closed the office,’’ he said. ‘‘I troops were deployed in Bosnia. There the lives of immigrants here, making them told my uncle in Riverdale. He started to was no way to recall them because we cry. I felt very bad.’’ less festive, less social: gone are the big wed- were told by the Administration to dings, the nights of folk dancing, the gay Now, a month later, Mr. Mjeku said he was music. having a hard time focusing on his work. His support the troops because they are al- ‘‘When I hear Albanian music, it hurts mind is occupied by memories of his cousin. ready over there. me,’’ said Al Haxhaj, an Albanian who is a While the Internet brings daily updates, We are again falling into the same co-owner of the Mona Lisa, a restaurant in many Albanian-Americans have been able to trap. Four years have passed and our the Murry Hill section of Manhattan that reach family members in Kosovo through troops are still over there. It has be- was formerly called the Piazza Bella. ‘‘It re- satellite cell phones that allow them to con- come a mission with no end in sight. minds me.’’ nect even with refugees in the mountains. If we send troops to Kosovo, I fear Since the first Serbian attacks were re- The conversations have often been eerie. A the same thing will happen again, an ported in February, Albanians around the few months ago, Dervish Ukehaxhaj was world have watched events back home with summoned from the kitchen of the Madonia open-ended commitment of thousands anguish: the looted and torched villages, the Brothers Bakery in the Bronx, which he of young American soldiers to yet an- murdered civilians, the hundreds of thou- manages, to the office downstairs, where other bloody conflict in the Balkans. sands of people forced to take refuge in the Peter Madonia, the owner, handed him a The President wants to send 4,000 surrounding mountains. The violence peaked phone. American troops to Kosovo if a peace

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.001 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4311 plan is agreed to by the two warring Just 10 years ago, in March of 1989, this spring this Congress will have con- factions. Of course, we were all using tactics that would have made Jo- tributed to the creation of hundreds of sickened by atrocities that have been seph Stalin proud, Milosevic sur- thousands of more refugees and to the committed by both sides in this war. rounded the elected assembly of deaths of a whole new cadre of victims However, we cannot put our troops in Kosovo with Yugoslav Army tanks and of the national socialist regime of the middle of a conflict where the rules secret police and forced that elected Slobodan Milosevic. of engagement are ambiguous. body at gunpoint to renounce the au- Milosevic’s right-hand deputy, Presi- If American forces go to Kosovo, they tonomy that was guaranteed to Kosovo dent Seselj, has already told the Yugo- will very likely end up in combat situa- by the Constitution of Yugoslavia. slav parliament that they will drive all tions. I think we should remember 1993, Milosevic did not even bother to of the ethnic Albanians, citizens of the disaster in Somalia where 18 U.S. change the Constitution. Yugoslavia, from Kosovo. Army rangers were killed tracking In rapid succession, all ethnic Alba- I implore this Congress not to make down a Somalian warlord. These lives nian public employees were dismissed this great United States of America were lost because the Administration from their jobs, 100,000 of them. The Al- complicit, complicit in these deaths, placed those forces under international banian language was proscribed for and creating these refugees and in aid- command and refused to provide the public purposes. The Albanian schools ing in Milosevic’s brutal campaign of heavy armor and air support that and the university were closed and sys- ethnic cleansing. would have given our forces the upper tematic repression of the ethnic Alba- Mr. GOSS. Mr. Chairman, I move to hand in combat. nians began. strike the requisite number of words. Mr. Chairman, too many questions Remember that ethnic Albanians Mr. Chairman, I rise regrettably op- exist as to how our troops will be de- were already a majority of the citizens posed to the amendment, the well- ployed. There are too many questions of Kosovo when Yugoslavia was freed crafted amendment from my good friend and colleague, the gentlewoman about the rules of engagement and too after World War II, and now are more from Florida (Mrs. FOWLER). It is a many questions about a successful exit than 90 percent of that population. strategy. Then the Milosevic regime was dis- good amendment and has led to good Mr. Chairman, our Armed Forces are tracted in 1991 and 1992 by its attacks debate, but I have a different view of this situation. stretched very thin across the globe in upon two other U.N. members, namely I think that the underlying resolu- a multitude of deployments. We should Croatia and Bosnia, that led, as we be very, very careful before we commit tion, H.Con.Res. 42 that we are talking know, to 200,000 deaths and 2 million about cannot be supported in its to another one. refugees that have been spread all over This past weekend, 44 Haitians present form because it is essentially a Europe. drowned at sea in an attempt to come blank check that grants the Clinton It is in that context that President to Florida, to the United States of administration authorization to send George Bush, on December 27, 1992, America. Once again, we have problems troops to Kosovo without any limita- warned Milosevic that the U.S. would in Haiti but nobody is addressing it. tions or restrictions. I think that is Cuba shot down two Brothers to the act if he attacked Kosovo in a similar much too broad. Rescue aircraft, and now we are send- way. I quote from the letter that Presi- The Fowler amendment, on the other ing a baseball team to promote peace dent Bush delivered to Milosevic, hand, would go to the opposite end of and prosperity in Cuba. quote, in the event of conflict in the spectrum denying the administra- The gentleman from Texas (Mr. SAM Kosovo caused by Serbian action, the tion the authority to send troops under JOHNSON) and the gentleman from Cali- United States will be prepared to em- nearly all but the most dire cir- fornia (Mr. CUNNINGHAM) spoke on this ploy military force against the Serbs in cumstances. floor and these two gentlemen, Mem- Kosovo and in Serbia proper, and it was While the President is the primary bers of Congress, have the right to that policy that President Clinton has architect of American foreign policy, speak about the deployment of our been following and reiterated, re- and we all understand that, Congress troops in conflict because they them- affirmed in 1993 and has been following. nevertheless has very important obli- selves have represented this great Na- In that context, the then minority gations in this area, most notably tion in combat. They speak with au- leader, later majority leader and Re- oversight, overseeing the deployment thority and I respect their views. publican candidate for President, Rob- of our troops. That is one of the rea- The December bombing of Iraq oc- ert Dole, has always supported the sons we are here. We do this on behalf curred and the Administration told us strongest possible action, American ac- of the people we represent back home. it had to be done because Ramadan, the tion, to contain Milosevic’s regime. Finding the right balance is never Muslim holy month, was fast approach- In Kosovo, Milosevic used his army easy, as we know, but I do believe that ing. They said we must attack now be- and secret police under a renewed rein the people in my district feel that we cause if we don’t, it would create an of terror to impose thousands of arbi- should seek something that is more international incident. trary arrests, beatings and akin to a middle ground solution to ei- What about Hanukkah, which was extrajudicial killings on ethnic Alba- ther the underlying resolution or the being celebrated at the time of our nians. We should remember that just Fowler amendment. bombing in Iraq? last October, Milosevic signed agree- The Clinton administration is intent So I would suggest to the Congress ments in regard to Kosovo and because on deploying U.S. troops to Kosovo and that we carefully consider the amend- there were no enforcement provisions maintains that it does not require con- ment of the gentlewoman from Jack- there has violated every provision of gressional approval to do so. In re- sonville, Florida (Mrs. FOWLER) and those agreements signed only four sponse, I believe Congress should be that we support it before we become months or so ago. careful not to deal itself out of the engaged, before we are drawn into an- All told, at least 2,000 have been in- process altogether, and I think this de- other conflict with no end in sight. discriminately killed, men, women, bate has been useful and is going to be Mr. OLVER. Mr. Chairman, I move to aged, children, baby in arms and in the more constructive as we go along. strike the requisite number of words. womb and at least 400,000 driven from Many members are concerned about Mr. Chairman, I rise in opposition to their homes. For all those reasons, the the administration’s plan and are not the amendment by the gentlewoman contact powers have agreed to a NATO satisfied with standing on the side- from Florida (Mrs. FOWLER). Barely 11 effort to establish an enforceable peace lines, which is the practical effect of years ago, Slobodan Milosevic seized in Kosovo, and if this NATO effort is both the resolution that underlies power in what was then Yugoslavia, subverted, and the amendment by the H.Con.Res. 42 and the Fowler amend- and he remains today the last old line, gentlewoman from Florida (Mrs. ment. It is either yes or no. unrepentant Communist dictator in FOWLER) clearly subverts the effort to I believe that it is incumbent on Con- Europe. impose a peace in Kosovo, then later gress to seize this opportunity to offer

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.001 H11MR9 4312 CONGRESSIONAL RECORD—HOUSE March 11, 1999 constructive input and to put into I applaud my colleagues who say that What is the vital interest over there place reasonable requirements before yes, it is time that Congress finally which is being advanced by our getting our troops are committed. Rather than starts fulfilling our duties as given to involved in the middle of this dispute? providing a blank check or obstructing us by the Founding Fathers in Article We have not heard a clear answer to the way altogether, Congress should re- I, Section 8, where it says we must de- this question. Yet, President Clinton quire an explicit statement of the na- cide where and when young Americans has made very clear what his intention tional interests involved, the rules of are put in harm’s way. We have let is. He intends to intervene in Kosovo engagement, for example, for our both Democratic and Republican Presi- with an open-ended occupation force, troops; the cost of the mission, for ex- dents walk all over us. We have failed perhaps preceded by air strikes. ample, of interest to our taxpayers; as in our duties. We have absolutely forgotten the well as the entry strategy, the exit So I applaud those of my colleagues rules of engagement that were laid out strategy, the amount of protection pro- who say, let us do our job. I also want in the War Powers Act. We do not have vided to make sure our forces will be as to applaud the people, including the an exit strategy. He has made it clear safe as possible; those kinds of ques- troops who went to Bosnia, who showed that he does not think he needs con- tions. me that I was wrong when I opposed gressional authorization for this mis- As the debate progresses, I anticipate our intervention there. It was not a sion. Well, I think, as my colleague, there will be a series of amendments to general, it was not an admiral, it was the gentleman from Mississippi (Mr. do just those kinds of things. I am not a bureaucrat, and it was not a TAYLOR) just articulated, in the Con- going to oppose, somewhat reluctantly, State Department official that showed stitution, Article I, Section 8, it clear- the Fowler amendment because I think me that I was wrong, it was an 18-year- ly states that it is the Congress that there is a better way to achieve proper old kid from Ocean Springs, Mis- shall raise up armies and declare war. accountability from the President sissippi. When I went over there with a In the War Powers Act, presidential ex- about using our troops in Kosovo. notebook looking for kids to tell me ecutive powers are defined with the I urge my colleagues to understand why we should not be there and how ability for the President to deploy that there are good choices between stupid it was, and a young man by the troops without congressional authority the carte blanche of the underlying name of Rhodes who might have been only when there has been a declaration H.Con.Res. 42 and the no deployment all of a corporal, I said, should we be of war, a specific statutory authoriza- proposal by the gentlewoman from here? And I was shocked when he said tion, or, and this is very important, Florida (Mrs. FOWLER). yes. I said, why? Fresh out of high Mr. Chairman, a national emergency Those amendments are printed. I school, he says, Because I am keeping created by attack upon the United urge that my colleagues look at them women from getting raped, I am keep- States, its territories, its possessions, and in the meantime I urge a no vote ing little kids from getting tortured, I or its armed forces. The situation in on the Fowler amendment. am keeping old men from being mur- Kosovo certainly does not match statu- Mr. TAYLOR of Mississippi. Mr. dered just because of their religion. Chairman, I move to strike the req- tory authority. That is why I joined the army, to be a Mr. Chairman, if we are to prevail uisite number of words. good guy. Mr. Chairman, I want to commend under the rule of law, the President Folks, I was dumbfounded. That mis- must obey the law, like everyone else, my colleague from Florida (Mr. GOSS) sion has never been articulated better for his well thought out, articulate and certainly in this situation that by anyone anywhere and to Corporal could get us into a quagmire that we view on this. I want to tell him that I Rhodes, wherever you are, God bless am in total agreement. may never get out of. you for saying it, and to his parents, The administration policy absolutely b 1730 God bless you for bringing such a kid goes against the fundamentals of con- into this world. stitutional government and the rule of I urge my colleagues to vote against Folks, this is the only rational way law. On February 10, for instance, in both the Gejdenson amendment and to go about this. Let us do our job. Mr. testimony before the Committee on the Fowler amendment for all the rea- President, you have no authority to International Relations, Thomas Pick- sons that the gentleman articulated. send troops; therefore, you cannot. Mr. I think the Gejdenson amendment ering, who is the Under Secretary of President, bring us a proposal that we State for Political Affairs, confirmed would have us rush into something can read, take a look at, and then yes, that has yet to have been written. The Mr. President, we owe you the respect that Kosovo is sovereign territory of Fowler amendment would have us con- of at least looking at it and then vot- Serbia, and that attacking the Serbs demn it. I do not think that is a very ing on it. because they will not consent to for- adult thing to do. I urge my colleagues to reject the eign occupation of a part of their terri- Mr. Chairman, I would urge my col- Fowler amendment, I urge my col- tory would be an act of war. An act of leagues to give strong consideration to leagues to reject the Gejdenson amend- war, Mr. Chairman. an amendment by the ranking minor- ment, but I rise in very strong support The Constitution of the United ity member on the House Committee of the very rational position brought to States gives sole power to declare war on National Security, the gentleman us by the gentleman from Missouri to the Congress, not to the President. from Missouri (Mr. SKELTON). I think it (Mr. SKELTON). Nothing in the laws or the Constitu- gives us the best of all of these worlds. Mrs. CHENOWETH. Mr. Chairman, I tion of the United States suggests that It says to those of us, including myself, move to strike the requisite number of a determination by the United Nations who are reluctant to commit troops, words. Security Council or by the North At- Mr. President, you cannot send troops Mr. Chairman, I rise in strong opposi- lantic Council is a substitute for our right now. It gives those of us who tion to the argument that the United country’s laws. The mission in Kosovo would like to see the details of the States should become militarily in- intended by this administration is con- peace agreement the opportunity to volved in Kosovo at all, and I support trary to the principle of national sov- wait until it is written, wait until it is the Fowler amendment. For an admin- ereignty and is a major step towards brought before this body, wait until istration that places so much stock in global authority. The United States our Supreme Allied Commander, Gen- political polls, I wonder if the Presi- and NATO are demanding that a sov- eral Wesley Clark, can come to Wash- dent does not find it ironic that most ereign state consent to foreign occupa- ington and explain our concerns about Americans cannot even find Kosovo on tion of its territory, or be bombed if it the safety of the troops, what our mis- the map. Not only that, but most refuses. This distinction should be a sion is, how much it is going to cost, Americans could not articulate one key one for all Americans concerned and yes, how long we are going to be reason why we should send other Amer- about the threat of the growing power there. Then and only then it calls on icans to risk and very possibly lose of international institutions and what Congress to vote on it. their lives. they present to national sovereignty.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.001 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4313 What kind of precedent are we going To even try and interject this House So let me conclude by saying, let us to set with this action? What country into the negotiations underway by oppose the Fowler amendment. I be- are we claiming the right to attack placing proscriptions on what the nego- lieve it would forestall a conclusion of next if we determine that its behavior tiators might come up with is, in my the peace process. Let us support the does not rise to some international opinion, the direct intervention of this Gejdenson amendment, which would standard? Should we attack Turkey to House into the formulation of foreign place very significant and appropriate protect the Kurds? China, to protect policy, something placed in the execu- strictures on the U.S. involvement in Tibet or Taiwan? Sri Lanka to protect tive branch under the Constitution for what might be a NATO force, an in- the Tamils, India to protect the Mus- very good reasons. We are not con- volvement not to exceed 15 percent; a lims in Kashmir? I think not, Mr. stituted as individual representatives limited, minor supporting role, but an Chairman. representing this country to try and essential one, to stop the killing and Do all of the Members of the House steer negotiations even as they unfold. the atrocities that have plagued that fully appreciate the complicated quag- Senator Dole, certainly someone who region. mire of Kosovo? The history of Kosovo knows the legislative process as well as Mr. HUNTER. Mr. Chairman, I move with its competing claims of Albanians any American, advised the Committee to strike the requisite number of and Serbs is at least as tangled as that on International Relations yesterday words. of Bosnia, and both groups are passion- that the time for congressional in- Mr. Chairman, this situation, regard- ately attached to their irreconcilable volvement in these matters is after the less of which route we take, stay out or differences of what is right and wrong, agreements themselves have been go in, has potential dangers. Many peo- in their view. reached. Let us look at what the Presi- ple have argued that going in is going The administration and its sup- dent might bring back, evaluated and to cause more of a conflagration than porters tell us all about the sufferings debated at that time, but not before. if we stayed out. There are good intel- of the Albanians under the Milosevic I favor the Gejdenson amendment, lects on both sides of the debate. It is regime, and those should not be mini- because in the absence of orderly con- a very difficult debate. It is a very mized, and I concur and identify with sideration of this matter, it is appro- close question, I think. their argument there. But they also priate, I think, that we not extend a I am going to support the base bill. I think in the end the organization that tell us almost nothing about the at- blank check, but rather a measured au- we created, NATO, that we have always tacks committed by the Kosovo Libera- thorization, and that is the Gejdenson been the guts, the leadership of, that tion Army against Serbian civilians amendment before us. It would encour- age a conclusion of the peace process was put together to handle then the and against moderate Albanians as and authorize a NATO force with U.S. Soviet Union, has a role in this post- well. They tell us nothing about the involvement of up to 15 percent. That Cold War environment in keeping sta- ethnic cleansing of Christian Serbs by is clearly a minor supporting role in bility in Europe. If we do not partici- radical Albanian Muslims under the this process, but an essential one, in pate in this operation, and it is a very Turks, Nazis and Communists alike. light of the standing of the United dangerous operation, one in which I Mr. Chairman, this is a dangerous States of America in the world today. think we may take casualties, I think step that we must not take. To try and absolutely foreclose any NATO will dissolve as a real entity. They tell us nothing about the drug-traf- participation by the United States in a b 1745 ficking and other criminal activity that funds peacekeeping force that might be the KLA. They tell us nothing about the sup- agreed to under the agreement, should It may be a debating society, it may port of Islamic radicals like the Osama bin an agreement be reached, would I be- have a location, but I think that NATO Ladin network, which, with other radical lieve give great comfort to those who will dissolve, and maybe the stability forces, is well-established in the KLA’s staging are the enemies of peace in this region, that NATO could bring to Europe over area in northern Albania and is promising to and who want no peace agreement. the long haul will be gone. strike at Americans wherever they are found. All of us are involved in our legisla- So I am going to support the base Do we need to put Americans down in a tive responsibilities in negotiations, resolution. All of the dangers that we place where they’ll be convenient targets for and we know that negotiations are, in see and all of the problems with this terrorism? large part, about leverage. Why would deployment or with the nondeployment Putting American troops into this quagmire, we want to give Slobodan Milosevic, a are things that we really cannot do where we have no legitimate interests, is a perpetrator of unspeakable horrors in much about. We cannot change the sit- dangerous and needless risk to American per- this region, the leverage at this time in uation, the political situation, in sonnel. Kosovo is not America’s fight. the peace process that, precluding any Kosovo. We cannot change the military The Congress should reject any measure U.S. troop involvement, would extend offsets. We can do something by par- that is retrospect will be seen as a blank to this evil leader. ticipating in this force. check for Bill Clinton—a Gulf of Tonkin Reso- Mr. Milosevic 11 years ago went down There is something we can do some- lution for the Balkans. to Kosovo and began his own ascend- thing about. That is to provide our Mr. POMEROY. Mr. Chairman, I ancy in the region by commencing a men and women who carry out Amer- move to strike the requisite number of reign of terror on the Kosovars of Alba- ican foreign policy after debates like words. nian ethnicity. During the course of this one the wherewithal to be effec- Mr. Chairman, at the outset, I want that reign of terror, their autonomy tive. We, the government of the United to commend my colleague, the gen- has been stripped and they have been States, have not been doing that. Let tleman from Mississippi (Mr. TAYLOR) the victims of unspeakable horrors. We me show the Members what we have for very well articulated remarks. I need to bring this to a conclusion with been doing. come to a slightly different conclusion. a negotiated peace, but that is made Since Desert Storm, we have cut our I rise to speak in favor of the Gejden- infinitely more difficult by the House military almost in half. We have gone son amendment and in opposition to debate today, and if we should adopt from 18 army divisions to only 10; 546 the Fowler amendment. the Fowler amendment it would be naval ships to only 325 now. We have First, let me speak to the alternative made, in my opinion and the opinion of cut another 20 since this chart was put amendment advanced by the gentle- many observing this process, it would together. We have gone from 24 fighter woman from Florida (Mrs. FOWLER). I be made impossible. air wings to only 13 fighter air wings, believe that it is extremely ill-advised The Scriptures tell us, blessed are cut our air power almost in half. of this House to be debating this reso- the peacemakers, and we in the House Our mission capability, that is the lution at all. We are debating involve- want to do everything we can to make capability of our aircraft to fly off of ment in a peace agreement that has their job more difficult, if not alto- their runways or off their carrier yet to be finalized, so it is not timely gether impossible, at this terribly im- decks, like the gentleman from Cali- right from the outset. portant time. fornia (Mr. CUNNINGHAM) used to, to

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.001 H11MR9 4314 CONGRESSIONAL RECORD—HOUSE March 11, 1999 fulfill our mission, whether bombing or need an additional $5 billion a year just have a chance, we snuff it out with the recon or something else and return to to maintain this downsized military of actions on the Floor. that home base, that mission capa- 10 divisions. The Navy has come forth The gentleman from Connecticut bility that I want 83 percent in the Air and said, to maintain 305 ships, we need (Mr. GEJDENSON) recognizes that the Force has now dropped to 74 percent. an additional $6 billion a year. The Air representatives of the respective par- It used to be 77 percent in the Marine Force has said, to maintain this ties are supposed to reconvene next Corps. It is now down to 61 percent. downsized Air Force of only 13 active week in France. We could not hold off Mission capability used to be 69 per- fighter wings, we need an additional $5 until there was the opportunity for cent in the Air Force, it is now 61 per- billion a year. The marines have said those parties to be brought together by cent. A lot of our planes are hanging that to maintain this downsized Ma- the international community, led by around as old hangar queens. They are rine Corps, that now has the highest the United States, to see if there is a like old hay balers that we are taking operating tempo of any time since chance to avoid countless numbers of spare parts off of so the few we have World War II, we need an additional murders, countless numbers of deaths? left on the runway will work. $1.75 billion a year. They said that on We could not give that simple oppor- Military aircraft crashes. I can tell top of that they need a pay raise for tunity for peace to take place? It was the Members, we are now crashing our troops, to start cutting into that so compelling to proceed today? more aircraft, some 55 in the last 13 131⁄2 percent pay gap. Mr. Chairman, this is not about en- months, 14 months, than we are build- If we add those together, and if we forcing our will. It is about enforcing, ing, along with the 55 Americans who add the cost of Bosnia, which we should hopefully, an agreed commitment, an died as pilots and crews in those crash- not take out of ammunition and oper- agreed commitment to peace. This is a es. ations and maintenance, that is $21.95 test of NATO, and ultimately, maybe Equipment shortages. We are build- billion or $22 billion a year more that in some different context, at some dif- ing, and President Clinton’s defense our service people need to be well- ferent time, Members are going to budget continues that this year, if we equipped and well-paid to serve our want NATO to work. follow it, we are building to a 200-ship country. If Members do not step up to the Navy, down from 600 ships. The ma- So however Members vote on these plate now, the portion of the amend- rines are $193 million short in basic resolutions, and let me really com- ment offered by the gentleman from ammunition. The Army is short about mend the brilliant gentlewoman from Texas (Mr. TURNER) to the amendment $1.6 billion in ammunition. offered by the gentleman from Con- We have aging equipment. We are liv- Florida (Mrs. TILLIE FOWLER). I wish I necticut (Mr. GEJDENSON) which limits ing off the old equipment of the Reagan could support her amendment. I think us to 15 percent, and says, in a clear years. Our CH–46 helicopter is over 40 her conditions are excellent. But I am message to the Europeans, this is years old. The Clinton administration going to support the base bill. clearly your problem, but we are part intends to fly B–52 bombers with no re- However Members vote on this, we of NATO and we are going to partici- placement until they are 80 years old. should follow up very quickly with a Personnel shortages, we are 18,000 series of votes, manifested in our budg- pate in it, if Members want NATO to be sailors short in the Navy. We are going et and in supplemental appropriations put at risk, they will not respond. to be over 700 pilots short in the Air bills, to provide our military what they The Fowler amendment is ulti- Force. We are going to be short in ma- need, so they can provide us what we mately, in my mind, with all due re- rine aviation, and we are down about need. spect, should it pass, a death sentence 140 helicopter pilots in the Army. Mr. HEFLEY. Mr. Chairman, will the to thousands of people in Kosovo, be- Here is something we have not been gentleman yield? cause in essence what we are saying by paying attention to. We have a 13.5 per- Mr. HUNTER. I yield to the gen- virtue of that amendment, it is a vote cent pay gap between the people who tleman from Colorado. on the ultimate question, to not permit wear the uniform and the people in the Mr. HEFLEY. Mr. Chairman, I will troops to be deployed, even before we private sector. I want to ask all of the not take the 5 minutes to do it, but I know that in fact an agreement in patriotic folks who have gotten up and want to thank the gentleman for pre- which we would be invited in as part of spoken about going into Kosovo, and I senting this picture, because that is NATO could take place. am going to vote to go into Kosovo, to the picture I wanted to present. He did We are already sending a message to really support our troops. I am going it better than I could. Slobodan Milosevic that in fact he does to give the gentleman from Con- Who is going to pay the bill for these not have to make an agreement; go necticut (Mr. GEJDENSON) a substitute kinds of things? If we are going to do ahead, just hold out there, do what you amendment that says, let us support them, and we are going to do them, ob- want, and at the end of the day we will them with a pay raise, with new equip- viously, around the world, who is going have that on our minds and in our con- ment, by building military construc- to pay the bill? We need to pony up and sciences and in the national security tion to house their families while they do what we should for our troops. interests of the United States, because are gone, and maybe we will even give Mr. MENENDEZ. Mr. Chairman, I the conflagration that will take place them a little ammunition go. Let us move to strike the requisite number of if we do not act under an agreed-upon support the troops. words. peace will be incredibly dangerous to The CHAIRMAN. The time of the Mr. Chairman, I rise to oppose the the United States. This is, after all, the gentleman from California (Mr. Fowler amendment and to support the location in which World War II started. HUNTER) has expired. Gejdenson amendment. Let me just finish by saying that I (On request of Mr. CUNNINGHAM, and As we have this debate in this House am reminded of that quote that said, by unanimous consent, Mr. HUNTER at this time, a time that is poorly during World War II, ‘‘First they came was allowed to proceed for 2 additional timed in terms of what the national in- after the trade unionists, and since I minutes.) terests of the United States are and ul- was not a trade unionist, I did not ob- Mr. HUNTER. Mr. Chairman, the timately how that may lead to the na- ject; and then they came after the Joint Chiefs have done something this tional security of the United States, we Catholics, and since I was not a Catho- year that they have not done in a long simply should not be having this de- lic, I did not object; and then they time. I think it is because the services bate at this time. came after the Jews, and since I was are desperate, they are desperate for Right now, as we debate, I am sure not a Jew, I did not object; and then help. The 10,000 uniformed service men that Slobodan Milosevic is looking at they came after me, and there was no and women on food stamps are des- this debate, and how we decide today one left to object.’’ perate for help. sends him a signal as to how he will I agree with the previous speaker, we They have told us what they need. move, and move militarily. Even before need to assist our military. I think The Army has come forth and said, we we give an opportunity for peace to many of us are willing to put our votes

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.001 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4315 there. But we need to make sure that faced in the 1930s in Europe, but a vi- self, and tries to stop a maddened mob we stand ready not to cast today a vote cious leader in decline. It is equally from destroying somebody else’s life that in essence precipitates the chance probable that our intervention in and interjects himself into the fray. for peace, that ends it, that gives it a Kosovo will itself spread the conflict These are some of the values that we blow before there is even a chance; and beyond the borders of Kosovo and Ser- try to impart to our children. We that in essence this vote that we will bia. should not mind only our own business, be casting, particularly on this amend- Let there be no doubt that Milosevic we should be trying to help other peo- ment, ends up being a death sentence is an evil man who has wreaked havoc ple. to thousands of people. We have an op- on his own people, but the question I have heard the question asked over portunity for peace, and we need to must be, what is in the U.S. national and over again by so many colleagues preserve that opportunity for peace. interest, and our foreign policy must on both sides of the aisle, what is in I urge my colleagues very seriously be based on that. the U.S. interest? What are we as a country? I think there is probably not to vote against the Fowler amendment, b 1800 because if not, they are already voting a person in this body who would dis- on the ultimate question; and to there- The second question is, what are the pute the fact that they would like to fore, in voting against her amendment political objectives that we hope to see the U.S. recorded in permanent his- and giving peace an opportunity, then achieve, and will the use of military tory as a Nation that is both mighty vote for the Gejdenson amendment. force help us to achieve those objec- and just. What is the purpose of our Mrs. WILSON. Mr. Chairman, I move tives? In Korea, our forces are there to might if we do not use it for good? Is to strike the requisite number of deter aggression from North Korea. In justice not just a state of mind unless words. Desert Storm, our objective was to we use it for the greater good? Mr. Chairman, there are a lot of expel Iraq from Kuwait. I have been, most of my life, a pas- thoughtful and difficult issues that This is unlike Bosnia where, after 3 sivist, opposed to so many of the things people have been trying to address here years of war, we had exhausted parties that so many of my friends have sup- on all sides this afternoon. I think ready to sue for peace, Bosnian Serbs ported. This is a time for peace. This is there is sincerity on all sides. who were being beaten back and who a time to use our might and our The underlying proposal that we are were eager to free the lines of ethnic strength and the unique position that asked to endorse today is to endorse, enclaves where they were. the United States of America is in without conditions, the indefinite as- In Kosovo, we have two groups, two today for good, for something decent, signment of 4,000 Americans as part of ethnic groups that claim the same ter- to help save the lives of people in a a NATO force of 30,000 in the territory ritory. There are no enclaves. Into this, place so far away, where human beings of a sovereign country with which we we are thrusting U.S. and NATO forces have been destroyed, where ethnic are not at war, and over the objections with no lines to be defended. There is cleansing has taken place, where geno- of that country, on the grounds that no clear objective. We are the begin- cide has existed. Is that not in the the administration of the province of ning of a political process, not a peace- American interest? Mr. Chairman, I come from a very Kosovo is not in accordance with inter- keeping operation, as has been sug- small people, a people who, in our life- national humanitarian standards. gested. I am a supporter of NATO, and I am Third, what is the size and the struc- time, were almost totally annihilated a supporter of American involvement ture of the military force, and is it ade- by forces of evil. So much of the world turned its back. Oh, they had excuses. in the world. In fact, I used to serve in quate? What are their rules of engage- We did not know. We did not see. We the United States mission to NATO. I ment, and are these all clearly defined? If they are not, not one American did not believe. No one told us. have worn the uniform of a member of We have been disabused of those ex- should go in not understanding exactly the armed services. But let us not cuses, Mr. Chairman, today, because we what the rules of engagement are. make any mistake here, this deploy- know what is going on and what has If a 19-year-old kid confronts a KLA ment is an extraordinary departure gone on and what will go on unless the member who refuses to give up his or from what is envisioned in the NATO forces of justice and reason somehow her weapon, what is that 19-year-old charter, and it is a departure from intervene. much of American diplomatic history. kid to do? Do they walk away? Do they It was not until the world intervened There are several questions that I fight? Until we have the answers to and democratic countries stepped up to asked myself and that I will share with basic questions like that and are con- the plate that the people that I come the Members as a contribution to this fident that our troops know what to do, from were liberated, snatched from the debate that I think we are faced with they should not go in. jaws of death in concentration camps. answering today: What is threat to Kosovo is a much more dangerous So many of the countries, including U.S. security or to U.S. vital national situation than we faced going into Bos- the United States, for whom all of us interests? Clearly, there is no threat to nia. We need to recognize those risks are so grateful, stepped up to the plate U.S. security directly, so we are talk- there and mitigate against them. There because it was in America’s national ing about vital U.S. national interests. are too many unanswered questions on interest, and to do the right thing. We have to answer this question not a deployment of questionable national So many of us and so many others in some rhetorical way, but in a very interest, and I cannot support the un- took an oath when that happened, Mr. practical, pragmatic, personal way. derlying amendment. Chairman, that said, never again, never Put it this way: If a young person in Mr. ACKERMAN. Mr. Chairman, I again were we going to allow some- the hometown of one of us does not move to strike the requisite number of thing like this to happen. We swore come home from Kosovo, what do we words. this to ourselves, and we swore this to tell their parents they died for? Every Mr. Chairman, I stand here today, our God. Others swore along with us. man and woman who has worn the uni- not as a Democrat, and I hope that my What does that mean? Did we mean form knows that there are things that colleagues do not stand there as Repub- this only for ourselves? Did we mean are worth dying for. I do not believe licans, and I would ask all of our col- that we would step up to the plate only that this is one of them. leagues, indeed, to question why do we if we were going to be wiped out? I do The administration has said that this stand here. What is this all about? not think so, Mr. Chairman. is about maintaining stability in Eu- What are our values? Where do we fit The CHAIRMAN. The time of the rope. They are right, the Balkans have in this world? gentleman from New York (Mr. ACKER- been a cauldron of war in this century. We think sometimes about heroes. MAN) has expired. But the threat that they draw from Indeed, what are heroes? A hero is usu- (By unanimous consent, Mr. ACKER- Serbia is overdrawn. We are not talk- ally an ordinary person who steps out MAN was allowed to proceed for 2 addi- ing about a power on the rise, as we of the crowd, having no gain for him- tional minutes.)

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 4316 CONGRESSIONAL RECORD—HOUSE March 11, 1999 Mr. ACKERMAN. Mr. Chairman, we for peace in Serbia and whereby the Al- one of the most useless leaders to ever could not mean that only for ourselves, banians and the citizens of Kosovo can walk on the face of the earth. That is because that would be ingenuous. someday live in harmony. what I think about him when I am in a Never again will I want to remind my I disagree with the President. But I mild mood. friends who have said that, which in- agree with the mission he is trying to But let me tell my colleagues my clude probably everybody in this undertake, and that is to reach some problem today. My problem is that I House, that never again is upon us yet type of peace agreement before he totally agree with what the adminis- again. sends the troops in there. If they reach tration is trying to do in the region, What is it that we are to do? Are we a peace agreement, he is going to send but I am not happy, frankly, with their to shrug our shoulder? Are we to exam- the troops in there. If they do not implementation. ine costs? Are we that people that reach a peace agreement, he is going to b 1815 would let others die unjustly, unpleas- send the troops in there. I think they have not accurately antly, because we are cheap, because The Constitution and this Congress gauged the position of the Russians in we are thoughtless? I do not think so. has given the Administrative Branch of this situation, and I think that they This is the time to act in the interests government the authority to do that. misjudged the reliability of the So we are not here saying let us change of justice and in the interests of peace Kosovars. And under those cir- the authority. We are expressing a lest the notion that we are a mighty cumstances, I am not convinced, while and just Nation be but an illusion. message that could be interpreted by I agree with what they are trying to Mr. CALLAHAN. Mr. Chairman, I Milosevic or by any of the principles of negotiate, I am not yet convinced that move to strike the requisite number of disagreement as an advantage to his their negotiating partners have dem- words. side. onstrated enough maturity to rely on Mr. Chairman, I will admit I am in For us to hamstring the President, to them in a sensitive situation like this. somewhat of a dilemma. I have spoken hamstring our negotiations I think at My problem is, like the gentleman to this House in situations such as this this time is a very serious error that from Alabama, I believe this should not on several occasions during Desert we should not be doing that. At the be here today. And the reason I say Storm, when we first sent our troops same time, if I vote for the agreement, that is this: I think it is here because into Bosnia, and now here we are back the original resolution that we have, it a lot of us have a fundamental mis- again this year talking about a similar indicates that I am supportive of send- understanding of our constitutional situation. ing troops into Kosovo, which I am not. role. You can make a very respectable I read with interest, and in great So I think that this is ill-timed. I do argument that we ought to have a vote depth the resolution of the gentleman not know what I am going to do, but I before we do something such as bomb from New York (Mr. GILMAN), and I expressed myself on the floor here Mr. Milosevic. I would vote for such an know that we are talking about prob- today. I think a simple ‘‘present’’ vote explicit action. I think he has got it ably a substitute or an amendment to will convince the people of the district coming, and I think NATO needs to the substitute of the gentleman from I represent that I am concerned, as lead and we need to lead NATO. But I Connecticut (Mr. GEJDENSON). they are, about where we are headed. also do not believe that this Congress But, Mr. Chairman, in reading the But I am concerned, as they are, that has any business whatsoever inter- original resolution, I find myself in a the Constitution of the United States posing its judgment on questions that State of confusion because I do not of America leaves foreign policy to the involve the President’s Commander-in- know what to do. Certainly no one can President of the United States, and Chief responsibilities. disagree in the first part original reso- that Congress is the check and balance. With all due respect to the Fowler lution that this may be cited as peace- I did not vote for Bill Clinton in the amendment and the Gejdenson amend- keeping operation. I agree with that. last election, nor the time before. But ment, both of which I will vote against, Certainly the part that the Congress a majority of the people of the United there is not a Member on this floor who makes the following findings about the States of America did. As a result, we has any qualification whatsoever to conflict in Kosovo causing human suf- gave him the authority to be the Com- say what our troop levels ought to be fering. I agree with that. The govern- mander in Chief of our armed services. in a peacekeeping situation. The most ment of Serbia and the representatives We cannot deny him the authority that dangerous human being on the face of of the peoples of Kosovo may reach is granted to him in the Constitution. the earth is a Member of Congress who some agreement soon. I agree with So I think I am going to vote has taken a 3-day trip somewhere and that. ‘‘present.’’ It is not an indication of thinks that they have learned enough Then it says President Clinton has lack of support. It is an indication that to tell the entire country what we promised to deploy 4,000 troops to is not the correct time to be debating ought to do on a crucial issue. Nine Kosovo. I disagree with that. But it is this when they are in negotiations try- times out of ten they are more of a correct. When I was approached, as ing to resolve a peace agreement. menace than a help. chairman of the Subcommittee on For- So my message is, to my colleagues, I do not believe we have the personal eign Operations, Export Financing and is that I applaud their willingness to expertise to make military decisions. I Related Programs of the Committee on stand and express their views. But I want the Joint Chiefs of Staff to decide Appropriations, I disagreed with the think this Congress is making a mis- what the level ought to be, if we do President about sending our troops take to be handling a resolution about have a peacekeeping force. I do not into Kosovo. I have expressed this to this matter at this time. want that decision made on a political him. I have expressed it to the Sec- To the President, I will tell him I basis by the Congress or the White retary of State and to the Secretary of still do not support sending troops to House. And I certainly do not want it Defense. Kosovo. made on the basis of a budgetary ques- That is my prerogative as a Member Mr. OBEY. Mr. Chairman, I move to tion. of Congress, just as it is my colleagues’ strike the requisite number or words. I do not want to have to look into the prerogative to introduce the amend- Mr. Chairman, I rise to oppose the eyes of any more parents and explain ments and the resolutions as they have Fowler amendment. I absolutely agree why their sons or daughters were killed today. with the last speaker. Let me tell my in an operation. And sometimes, to But I think it is a very serious mis- colleagues, I want to make quite clear protect those sons and daughters, we take for us to send at this time a mes- where I come from. I regard Mr. need more troops not less. I happen to sage to the world and to the people ne- Milosevic as a sociopath. If I had my think that this is probably one of those gotiating the hopeful peace agreement way, NATO would have gone after him cases. that ultimately will be arranged a long time ago. I think he ought to be So I am going to vote against the whereby we can provide some vehicle tried as a war criminal. I think he is Fowler amendment. I am going to vote

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4317 against the Gejdenson amendment. I ment of U.S. troops into potentially to do so. If he does it, the monies will not vote for the Gilman resolution hostile situations.’’ In other words, we should be denied to the President, un- because I do not believe in giving are to do nothing more than rubber less we want to be complicit in this Presidents blank checks, and I am not stamp what the President has asked dangerous military adventurism. going to endorse an agreement until I for. Mr. RODRIGUEZ. Mr. Chairman, I know what it is and until I have had an Where does the President claim he move to strike the requisite number of opportunity to gauge the reliability of gets his authority? Does he come to us? words and oppose the Fowler amend- the people that we are negotiating Has he asked us for this? No, he as- ment in favor of the Turner amend- with. sumes he has the authority. He has al- ment. But I also will not vote against it ready threatened that what we do here Mr. Chairman, why are we debating today, because if we vote against it, we will have no effect on his decision. He this issue at this point in time? We all help assure that those negotiations is going to do what he thinks he should recognize that it is political; politics will not come to a constructive conclu- do anyway. He does not come and ask that could come back to haunt us. sion. And that is why, like the gen- for permission. Where does he get this One of the biggest problems we have tleman from Alabama, I will vote authority? Sometimes the Presidents, in Congress is the fact that we have an present. Because until we have an since World War II, have assumed it obligation and a duty. The only reason agreement to judge, Congress has no comes from the United Nations. That to debate this resolution today is to right to muck things up when the re- means that Congress has reneged on its undercut the administration at the sult will be lost lives. responsibility. critical time of our negotiations. It is Mr. PAUL. Mr. Chairman, I move to We do not just give it to the Presi- more than irony that some of those strike the requisite number of words. dent, we give it to the President plus pushing for consideration of this reso- Mr. Chairman, I rise in support of the the United Nations or NATO. And when lution today fully intend to oppose the Fowler amendment and in opposition we joined NATO and the United Na- resolution. This is an exercise in rhet- to H. Con. Res. 42. tions, it was explicitly said it was not oric. Today we are going to have a vote on to be inferred that this takes away the POINT OF ORDER whether or not troops should be au- sovereignty and the decision-making Mr. CUNNINGHAM. Point of order, thorized to go to Kosovo. If we vote in powers of the individual countries and Mr. Chairman. favor of this, we are voting for war. their legislative bodies. And yet we The CHAIRMAN. The gentleman will This is not a war resolution in the con- have now, for quite a few decades, al- state his point of order. ventional sense of the Constitution, lowed this power to gravitate into the Mr. CUNNINGHAM. Mr. Chairman, is but in this day and age it is about as hands of the President. it improper, either in the full House or close as we are going to come to since After Vietnam there was a great deal in the body, to characterize the reasons we have ignored the Constitution with of concern about this power to wage for why different people vote for regards to war powers essentially since war. First, we had Korea. We did not things; to characterize and impugn? World War II. If we vote for troops to win that war. Next we had Vietnam. Mr. RODRIGUEZ. Mr. Chairman, I go to Kosovo, we are complicit in a po- And with very sincere intent, the Con- apologize if I have offended anybody. tential war and the responsibility gress in 1973 passed the War Powers The CHAIRMAN. The gentleman will should be on the shoulders of those who Resolution. The tragedy of the War suspend. vote to send the troops. Powers Resolution, no matter how well The Chair will simply state that it is I strongly urge that we not send the motivated, is that it did exactly the improper debate to question the per- troops. It is not our fight. We are not opposite of what was intended. sonal motives of any Member. the policemen of the world. It weakens What has actually happened is it has Mr. CUNNINGHAM. Mr. Chairman, I our national defense. There are numer- been interpreted by all our Presidents will not demand the words be taken ous reasons why we do not need to send since then that they have the author- down, but I would ask the gentleman more troops into another country ity to wage war for 60–90 days before we not to characterize. someplace around the world. Every can say anything. That is wrong. We Mr. RODRIGUEZ. Mr. Chairman, if I time we do this it just leads to the next have turned it upside down. So it is up have offended anybody, I apologize. But problem. to us to do something about getting as a member of this Congress, I recog- It is said that we should not have the prerogative of waging war back nize the fact that politics is played much to say about foreign policy be- into the hands of the Congress. within the House floor, and I recognize cause the Constitution has given re- It is said that we do not have this au- that this particular resolution does un- sponsibility to the President. The term thority; that we should give it to the dermine the administration’s efforts at ‘‘foreign policy’’ does not even exist in President; that he has it under the this point in time. the Constitution. The President has Constitution based on his authority to As a Member representing a commu- been given the authority to be the formulate foreign policy. It is not nity of more than 42,000 active duty Commander-in-Chief; to lead the troops there. The Congress has the responsi- service members and nearly 6,000 re- after we direct him as to what he bility to declare war, write letters of servists and guard members, I do not should do. He is the commander. We do marks and reprisals, call up the mili- take this issue lightly because the lives not have a military commander, we tia, raise and train army and regulate of those service members may be put in have a civilian commander. But we do foreign commerce. The President harm’s way. not forego our right to debate and be shares with the Senate treaty power as I deplore the timing of this resolu- concerned about what is happening on well as appointment of ambassadors. tion. This resolution is being set up for issues of troop deployment and war. The President cannot even do that failure. At least 2,000 people have been A report put out by those who spon- alone. killed and 400,000 displaced in the Bal- sor this resolution had this to say. We have the ultimate power, and kans region. The United States clearly ‘‘This measure does not address the un- that is the power of the purse. If the has a vested interest in peace in the re- derlying question of the merits or mis- power of the purse is given up, then we gion. Kosovo and the Balkans fall in givings of sending U.S. forces into lose everything. Because we have not between two allies, Greece and Turkey. Kosovo.’’ We are not even supposed to assumed our responsibilities up until The Balkans’ historical role in Europe debate the merits and misgivings of this point, it is up to us to declare that has been critical. We all recognize that sending troops. Why not? ‘‘Instead, the the President cannot spend money in we also have in jeopardy Macedonia, purpose of this resolution’’ they go on this manner. I have legislation that Montenegro, Northern Greece, Albania, to say, ‘‘is to give the House an oppor- would take care of this; that the Presi- as well as Turkey, and the possibility tunity to fulfill its constitutional re- dent cannot place troops in Kosovo un- of this particular situation going out of sponsibility of authorizing the deploy- less he gets explicit authority from us its boundaries.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 4318 CONGRESSIONAL RECORD—HOUSE March 11, 1999 Our interests are humanitarian, eco- b 1830 abide by it. I thought the gentleman nomic and military, and also an inter- I almost certainly would have been from New York (Mr. ACKERMAN) made a est as it deals with the leadership of one of those who would have supported good statement. I would like to concur. this country and the fact that we have doing what he asked if there was an There is a reason for United States not only an obligation but a duty to agreement we could look at and know support in the region. Maybe the most make sure that peace is obtained. By what it provided and that it was a bona important reason is genocide. The playing politics with sensitive peace fide agreement. But here we are with world took genocide lightly once before negotiations that are set to resume the certainty that he would not come and we should not do it again. But March 15, the House of Representatives to the Congress and yet he does not what bothers me is we have been turn- could jeopardize peace in the region. have an agreement and we do not even ing aside from this dilemma since 1986 Failure to achieve peace now in Kosovo know whether or not at such time when there was an intelligence report could cause significant instability in somebody in Paris signs their names to that said there is only going to be two the already volatile region. a stack of papers that it will indeed be dynamics that come out of Kosovo: We Secretary of State Albright stressed an agreement of anyone. will either press the Serbs for inde- this point yesterday before the House How do you say you have the agree- pendence for Kosovo or there will be a Committee on International Relations ment of the Federal Republic of Yugo- revolution and there will ultimately be saying that a new outbreak of fighting slavia when you are saying, ‘‘If the a great entanglement. in Kosovo could expand into regional Kosovo Albanians sign it and you I believe we must support the ethnic hostilities that could cause massive don’t, we’re going to bomb you.’’ Now, Albanians in Kosovo who are being bru- suffering, displace tens of thousands of I am not sure that that is an agree- talized. But the gentlewoman from people, undermine stability throughout ment. How do we know that anyone Florida (Mrs. FOWLER) brings a good South Central Europe, and directly af- who purports to be representing the question to the House. How do we do fect key allies. people of Kosovo has any authority to it? She says we should not deploy If we can secure peace, if we can end represent the people of Kosovo? The troops, we should use air strikes, logis- the slaughter, we have the duty to do chief political observer of the Kosovar tics, intelligence and other means of so. If we can join our NATO friends and Liberation Army left Paris and criti- identifiable support. There is a lot of allies by providing those 4,000 troops as cized those who even entertained the sense to that. I think it is time for Eu- part of the large NATO force, then we notion of signing the agreement. We do rope to stand up for Europe. We may be have the duty to do so. The failure to not have any basis for knowing that the superpower, but by God we are not obtain peace now could put greater this agreement is real. If it is not real, the only power. numbers of potential U.S. and Euro- then we have put ourselves in a very Let me say one last thing. I want to pean troops in danger if broader hos- tenuous position to say that we will de- commend the Speaker for this debate. tilities break out. ploy American armed forces in the sov- We have been debating war, ladies and Our Nation’s modest personnel but ereign territory of another state gentlemen, after wars have been en- crucial political investments in the against its will and conduct bombing gaged. If these are peacekeepers, we Kosovo peace process is essential to or other military action. That cer- ought to send the Peace Corps. If these achieving peace. Without the U.S. in- tainly is an act of war. That requires are police actions, we ought to send the volvement, peace is unlikely. Mr. us to declare it. It makes us an inter- D.C. police. These are potential wars. Chairman, I urge my colleagues to sup- national outlaw if it has not been done I am going to support helping in our port this resolution. that way and we do not in fact go there cause in Kosovo. But I am going to I also want to add, Mr. Chairman, by agreement. vote for the Fowler amendment. In ad- that this is very different from Bosnia, I do not like the fact that this debate dition, if the Fowler amendment and it is very different from Bosnia in is taking place now. But for anyone to should fail, I will support Gejdenson, the sense that in Bosnia we took the say this Congress does not need to have because I think this thing is going to lead. Here only 14 percent of the troops a debate on matters of this kind and of be passed. But I will then offer an will be from the United States. Europe this consequence I think denigrates the amendment to Gejdenson that says no is taking the lead, and we have an obli- role of this Congress in the governance troops shall be deployed unless all Serb gation and a duty, Mr. Chairman. of the United States of America. I do troops are removed from Kosovo on the Mr. BATEMAN. Mr. Chairman, I not want to be in a position where schedule of which Rambouillet would move to strike the requisite number of someone has deployed forces, my con- require. Number two, that if Milosevic words. stituents, and to have to go back to the violates the agreement, it is to be un- Mr. Chairman, I hopefully will not people I represent and say, ‘‘Well, derstood that NATO strikes in Serbia take the 5 minutes, but let me express they’ve been sent there because we at military installations will be imme- to my colleagues the deep, deep an- didn’t think that the Yugoslavia Fed- diately commenced. And, number guish I feel in what we are doing and eral Republic had given Kosovo suffi- three, that any suspected war criminal how we are doing it. I cannot rise in cient autonomy, but we certainly shall be investigated and, if necessary support of the base amendment, the didn’t send them there to fight for the or warranted, apprehended and tried by Gilman resolution, nor the Gejdenson independence of Kosovo.’’ Those kind an international tribunal. amendment to it, nor the amendment of subtle distinctions certainly escape In closing out, let me say this. I have of my dear friend the gentlewoman me. I think they will escape my con- left out the question of independence, from Florida (Mrs. FOWLER), or sub- stituents. I wish this debate came because we do not have enough guts stitute. later, when the President could say yet, but I will make this point to you. Much has been said about the timing there is an agreement and we could Milosevic has laughed in our face. Un- of why we are here and that we should test whether it was real and then sup- less there are some terms in that not be here at this time. I agree with port him. But unfortunately we are not agreement, we will have failed. Ninety- that, but I am not sure that I attach in that position. I frankly do not know three percent of the population of the responsibility for that fact the way whether we are going to find anything Kosovo is ethnic Albanians. Milosevic others have done so. If our President that is going to be before us in the has lost the moral authority to lead. had assured us that, upon being able to course of this debate that I will be in a So I am willing to back up on that. But negotiate an agreement, he would come position to vote for. not on the war crimes and not on other to us and seek our approval for going Mr. TRAFICANT. Mr. Chairman, I conditions. And if this bum violates it forward with military deployments in move to strike the requisite number of again, by God, we should codify it into Kosovo, it would have been the time words. law that action will be taken. for this debate to have taken place, I wonder if we vote not to deploy Mr. BLUNT. Mr. Chairman, I move to after the agreement had been reached. troops in Kosovo if the President would strike the requisite number of words.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4319 Mr. Chairman, we have heard a num- of our ability to defend America three vastly different cultures. Since ber of times here today that the Con- around the world? the first battle of Kosovo in 1389, these gress should not be acting on this ques- I thought the gentleman from Cali- cultures, Western, Slavic and Islamic, tion yet. It is amazing to me that of fornia (Mr. HUNTER) made an incred- have clashed violently at this very our NATO allies, the members of the ibly effective presentation with the spot. These battles are not over some- Bundestag can debate this question and wrong conclusion. The presentation thing so simple as land or even as valu- vote on it, the members of the Par- was the diminution of our military able as mineral rights. Instead they are liament can debate this question, but forces, our military readiness, our battles in which each party believes the Members of the U.S. Congress can- military benefits, our military re- they are guided by heaven in a fight for not debate this question. search, our development of new weap- the future of their people. I have heard here a number of times ons, and then one of the main reasons The current war in Kosovo is no dif- today that we should be waiting until for that is this willingness to commit ferent from those that have preceded there is a final agreement. Mr. Chair- troops, to commit our defense capacity it. The fall of the Soviet empire did not man, I am confident that every effort without any end in sight. We need to write a new chapter in the history of has been made to get assurances that if ask what that end is. There may in fact the Balkans. As much as it repeated there was a final agreement, that the be a better way for the Congress to one that came before with the fall of Congress would be consulted after that take up this issue. I would be fully in the Hapsburgs and before that with the final agreement and before troops were favor of the administration negotiating fall of the Ottoman Empire. Kosovo be- deployed, and those assurances are not this question and then coming to the longs less to the end of our century there. Congress and say, ‘‘Here is what we than to the beginning, and the motiva- Yesterday, before a committee of the have negotiated. What do you think?’’ tions of the combatants are the same House, the Secretary of State said that That has not happened time after time as those in previous battles. this is not a good time for the Congress after time. We have sought assurances Though technically begun by one to be debating this issue. But then she it would happen this time. There are no man, Slobodan Milosevic, who reflects went on to say that there is never a assurances forthcoming. For all those on little more than his own greed, it is good time for the Congress to debate who say now is not the time, I would being fought by two peoples convinced these issues because we just get in the say to them, there will not be a time if of their own imminent destruction. way of diplomacy. That is not the role we wait for the administration to de- These people believe the sword is the of the Congress as I see the role of the termine when the Congress should be only option to preserve their own life Congress in the Constitution and many involved in this because, as the Sec- and, barring that, their only honorable others do. I am grateful for the Speak- retary of State said yesterday, it is path to death. Putting U.S. troops on the ground in er’s decision to provide this debate. really never helpful for us to discuss Kosovo is not a recipe for peace. It is a Too many times, the Congress has said these issues. recipe for disaster. The history of the we will wait until the decision is made The President and the Secretary of Balkans has only marginally been and the decision is made and the com- State should be asking for our ap- kinder to its inhabitants than it has mitment is made so quickly that then proval. We need to be partners in this been to outsiders. Placing U.S. troops we have a decision of whether we are kind of policy. I rise in support of this in the middle of this conflict will not going to support troops in the field, not amendment and to encourage the ad- bring an end to the killing but instead to whether those troops would be in ministration to fully involve the Con- draw Americans into it. the field or not. gress in its future activities before There are questions that this House they are completed. b 1845 has an obligation to ask right now. Dr. Mr. BLAGOJEVICH. Mr. Chairman, I We have put our troops in this posi- Henry Kissinger, the former national move to strike the requisite number of tion before in places such as Lebanon security adviser, the former Secretary words. and Somalia, and while peacekeeping is of State, gave some insightful testi- Mr. Chairman, of the hundreds of a noble task, it works only when there mony before the House Committee on votes we cast in this Chamber each is a peace to keep. A signed piece of International Relations yesterday. He year I believe money is more impor- paper between two peoples who see no said there is a critical question to be tant than the issue of deploying our options, but war is not peace. asked, under what circumstances troops abroad and placing them in Our troops are going into Kosovo should American military forces be harm’s way. While I believe it is fully with no clearly defined mission and no used to pursue national objectives and appropriate for Congress to have a exit strategy. We have already seen what should those objectives be? voice in the crucial decisions, I also this pattern in Bosnia. We were origi- Should American military might be know that there are some in this de- nally told our troops would be in Bos- available to enable every ethnic or reli- bate who are motivated by questions of nia for 6 months. Almost 4 years later gious group to achieve self-determina- domestic politics rather than foreign they are still there with no end in tion? If Kosovo, why not East Africa? policy. They want to score political sight, and, unlike Bosnia, this conflict Why not Central Asia? Is this part of points at the President’s expense and I in Kosovo would inevitably be far more our policy? think that is regrettable. This impor- difficult and dangerous to American I think there are questions that this tant debate over the nature and extent forces. Congress has to ask in regard to of our military involvement in the Bal- What happens if we begin to incur Kosovo. Why would we be there if we kans should be driven by long-term na- casualties? Will we fall victim to mis- are there? What is our goal in Kosovo? tional interests, not short-term polit- sion creep? Will we deploy troops to de- I understand that part of the goal is to ical considerations. fend Macedonia? Albania? And Bul- get Serbia out of Kosovo without get- It is on the basis of our long-term na- garia? The unique and tragic history of ting Kosovo out of Serbia. I submit to tional interests that I oppose the reso- the Balkans teaches us that these bat- the Congress that that is a very dif- lution to authorize the President to de- tles grow into wider conflict, and when ficult goal to achieve. How will we ploy American troops to Kosovo. I am outsiders are drawn into it, they are know when we have done it? We have not pleased to find myself at odds with drawn into it and cannot get out. been in Bosnia now for years and the a major foreign policy initiative of my I do not shy away from the use of checklist that we had hoped to be President. But I come to this position military force to protect our Nation’s checking off, we cannot check any of based on a close evaluation of U.S. for- vital interests, and I do not deny that the boxes yet. We are no closer to leav- eign policy in the Balkans. Mr. Chair- the war in Kosovo is a tragedy that ing Bosnia than we were the day we man, the Balkans are a complicated, grips our Nation’s conscience. In this went into Bosnia. And what is the cost dangerous area. For six centuries sad world of ours there are many trage- to our armed forces? What is the cost Kosovo has marked the confluence of dies around the globe: Turkey’s war

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 4320 CONGRESSIONAL RECORD—HOUSE March 11, 1999 with the Kurds, Russia’s battle with how much they hated the violence and out; if the answers to those questions the Chechens, China’s war on Tibet. the tragedy that was ongoing in are not all in the affirmative, then I Yet no one suggests that we intervene Kosovo, and yet then I heard another believe the United States makes a huge in these conflicts and for a simple rea- speaker stand and say: mistake by committing itself. In Leb- son. Many American soldiers would die But how can we put American forces anon we engaged ourselves in a civil in vain. in harm’s way where somebody is going war. Instead of elevating Milosevic as a to have to call somebody’s mother or The CHAIRMAN. The time of the savior for his people, we should be father and explain why somebody lost gentleman from Ohio (Mr. KASICH) has working to undermine him and make their lives? expired. Serbia a democracy. This is not a question of whose heart (By unanimous consent, Mr. KASICH In Serbia today, pro-democracy is bigger. This is a question of what is was allowed to proceed for 3 additional groups such as the Alliance for Change, in the best interests of a national minutes.) the Council for Democratic Change and power to in the long run do what is in Mr. KASICH. Mr. Chairman, look. We the Democratic Party of Serbia strug- the best interests of world peace and got involved against Saddam Hussein gle to build an open society without us world security. because we were able to explain the taking notice. This must change. The fact is there are some bench- vital direct national interests of the Tomorrow in Independence, Missouri, marks and some landmarks and some United States, we were able to get the the success of our policies elsewhere in compasses and some guiding stars that support of the American people and we Europe will be ratified when Poland, I believe can allow us to make the pru- had a good timetable. We made a mis- Hungary and the Czech Republic offi- dent decision. The first and most im- take in Lebanon, we made a mistake in cially join NATO. Let us use this occa- portant question is: Is it in the vital Somalia in the middle of a civil war. sion to acknowledge the serious flaws national interests of the United See, the fact is that when we engage in in our Balkan policy. More troops are States? Can we in fact be able to define conflicts that represent ethnic strife or not the answer. specifically and with great credence ex- civil wars where there is not a clear Let me say again this is a difficult actly why it does benefit us? And American interest, and an achievable vote for me and I regret it is taking frankly combined and intertwined goal and a timetable to get in and get place at a crucial time in ongoing ne- right with that struggle to define the out, what happens is a superpower en- gotiations. But the fact remains I can- vital national interest comes right tangles itself all over the globe, and not in good conscience support sending with it the need for the American peo- George Washington warned us in the our young men and women in uniform ple to support our involvement. beginning of his administration, at the into harm’s way without clear, achiev- Now I have been in the Congress, now beginning of our country, that a great able goals. starting my 17th year, and we have Mr. KASICH. Mr. Chairman, I move power that entangles itself in too many faced this issue over and over again, to strike the requisite number of places in the world will diminish itself. and it is not a matter of partisanship. So the challenge for the United words. Mr. Chairman, I believe that the sin- I remember the debate on this floor States is to literally define the direct gle greatest challenge in foreign policy when Ronald Reagan committed us to national interests of the United States as we head into the next century is our Lebanon, a place where we saw great whenever we go and for our leaders to ability to define vital national inter- ongoing tragedy every night on the na- gather the support of the American ests of the United States. tional news, and we went frankly be- people, and to have a good goal and to There are many people that are con- cause we followed our hearts in order have a good timetable. Short of that, cerned about this debate today because to rescue people from violence, and at short of being able to answer those they take a look at some of the terrible the end of the day we lost a great num- questions affirmatively, then the violence that goes on around the world, ber of marines and we left because we United States needs to preserve its and they say how can the United were never able to define Lebanon in power, because in preserving its power States not intervene in the face of the vital national interests of the and at the same time using it success- that? United States with the combined sup- fully, we will enhance a great power. Mr. Chairman, if we try to pick and port of the American people. I voted To use it wantonly around the world choose those areas in the world where against Ronald Reagan that day on the without answering this affirmatively we will intervene based on the power of floor in regard to Lebanon. will diminish us over time. television, I think we will not be able There is another third issue that in- I believe that the gentlewoman from to make good choices. volves not just the vital national inter- Florida (Mrs. FOWLER) is right tonight. The fact is whenever the television ests and whether the American people We should not make a commitment to stations focus their cameras on vio- support our efforts, but do we have an go to Kosovo to engage in a civil war, lence in one particular part of the achievable goal? Do we have something an ethnic conflict. I believe over time world and brings that violence to our that is an objective that is likely to that these kind of commitments will attention, then it seems as though a succeed? And if, in fact, we look at diminish us rather than strengthening case is being made and gets made with- what the goals are and they are ill-de- us and will not serve the peace and the in this administration, and frankly on fined, as they were in Lebanon and, I security of people across the world as this floor, that the United States has a believe, as they are in Kosovo, then all we would want them to be served. vital interest or has an interest in the committing of forces in the world Mr. HASTINGS of Florida. Mr. Chair- order to stop the violence. will not achieve our goal, our objec- man, will the gentleman yield? The fact is, as we look around the tive, if it is not clear and if it is not Mr. KASICH. I yield to the gen- world, when we look at the plight of achievable. tleman from Florida. the Kurds, when we look at the trag- And in addition to that, what is the Mr. HASTINGS of Florida. I am just edy, the ongoing tragedy, in Sierra timetable? The timetable is one where curious if my distinguished colleague Leone, when we consider the plight of it is always easy to get in. The ques- has any concern for our credibility in the people in Afghanistan, and Sudan, tion is what is the exit strategy? How the NATO alliance and whether or not and in Somalia, and in Indonesia, the do we get out after having achieved our our decision here would impact that al- list goes on and on to demonstrate goal? Mr. Chairman, if we consider liance. man’s inhumanity to man. these notions of is it in the vital na- Mr. KASICH. Mr. Chairman, I would But what is the responsibility of a tional direct interests of the United say to the gentleman from Florida that great power? How does a great power States, does the commitment have we spent 40 years training our NATO decide where to go? broad support among the American allies to work against the Soviet Union When I came on the floor earlier people, is there an achievable goal and moving across the Fulda gap with an today, I heard somebody talking about is there a timetable to go in and get incredible display of armor and

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4321 lethality. I believe that the Europeans much a part of NATO that NATO is not I urge my colleagues to oppose this in this case, if they want to go into effective without U.S. participation. ill-timed resolution. Kosovo, they should go, they should I would have hoped that we could Mr. GILMAN. Mr. Chairman, I move make that decision. The United States have had the administration bring the to strike the requisite number of could offer them technical support. negotiations to fruition. There can be words. But I believe this is foremost their no agreement without American troops Mr. Chairman, I first want to com- job, this is in their direct national in- on the ground. The Kosovars would mend the Members on both sides of the terest, but not in the direct national never agree to any peacekeeping force aisle for the dignified and calm way interests of the United States. We can that did not include American troops. and thorough way in which they have participate in indirect ways to offer There can be no agreement without conducted the debate on this important the technical support they would need, NATO in Kosovo, and NATO will not go measure, and I also commend Speaker but for us to be involved in the bomb- in without U.S. troops. So our involve- HASTERT for arranging this debate. I ing and the committing of troops on ment is fundamental to any agreement think it is extremely important that the ground is not in our vital national about keeping the peace in Kosovo. we have had this opportunity to voice interests, I do not believe the goal is I said earlier that Kosovo is a chal- our views, both pro and con, with re- achievable, and frankly I do not even lenge to our conscience. Just a few gard to the commitment of troops to know what the goal is over there as de- years earlier Bosnia was, and over Kosovo. fined by the administration, and fi- 200,000 people were killed there. I won- Mr. Chairman, I rise with some reluc- nally, I just do not think there is a dered when I was a child and first tance to oppose the amendment offered timetable that gets us out. learned about the Holocaust and read by the gentlewoman from Florida (Mrs. Mr. HASTINGS of Florida. Mr. Chair- ‘‘The Diary Of Anne Frank’’ as a teen- FOWLER). I understand that the gentle- woman from Florida (Mrs. FOWLER) is man, I thank the gentleman from Ohio. ager, I wondered how did this ever hap- offering this amendment because she is Ms. PELOSI. Mr. Chairman, I move pen? Didn’t anybody know? Why didn’t genuinely concerned about the effect of to strike the requisite number of anybody do anything about it? And NATO peacekeeping missions in the words. when the Bosnian situation came Balkans on our troops and on our mili- Mr. Chairman, I rise in opposition to along, I could see how it happened. tary readiness. the Fowler amendment with the great- People knew, people cared, but people est respect for the maker of this mo- To a degree, I share some of those did not want to get involved. concerns. Nevertheless, in the interest tion. I oppose the amendment on the Before the 2,000 people who have been of preventing hostility in Kosovo, I grounds of its substance and find the killed, 2,000 plus in Kosovo, grow to a must rise in opposition to the Fowler timing of it most unfortunate. greater number, I hope that we can be In doing so, though, I want to praise amendment. smart about this and support the rea- My main concern is that the situa- the chairman of the Committee on sonable negotiations that would in- tion there is fluid, and regrettably the International Relations, the gentleman volve U.S. troops on the ground. Two Fowler amendment would lock us in an from New York (Mr. GILMAN), and the thousand people were killed there, inflexible position of having to decline ranking member, the gentleman from many of whom are women and chil- outright our participation with our Connecticut (Mr. GEJDENSON), for their dren. There have to be certain recogni- NATO allies in bringing peace to participation on the floor today. I tions. As I have said before, there is no Kosovo. Accordingly, I rise in opposi- would say for their leadership in bring- effective NATO without U.S. participa- tion to the Fowler amendment. I be- ing this issue to the floor, but I do not tion. lieve U.S. participation in this NATO think that this issue should be on the b 1900 peacekeeping mission is an essential floor today. Having said that, I applaud ingredient for peace in Kosovo. them for their impressive presentation There is no effective peace agreement Mr. MICA. Mr. Chairman, I move to on why we should be supporting the without U.S. participation of troops on strike the requisite number of words. President’s policy in Kosovo and why the ground, and the other recognition Mr. Chairman, I rise in strong sup- we should be opposing the Fowler is that Milosevic the ruthless president port this evening of the Fowler amend- amendment here today. of Serbia, as we know, and is a ruthless ment. If we look at the Fowler amend- I also want to commend my colleague killer. He has an endless appetite for ment it really does not prohibit United the gentleman from Texas (Mr. TURN- killing people. So it is not a question of States assistance to stop the bloodshed ER) for his very wise amendment to the his conscience ever being challenged. that we see in this region of the world. Gejdenson amendment and hope that We cannot count on any balance, on My colleagues, I do not think there is this House will give it its fullest con- any reason, on any humanitarianism anyone who serves here among us that sideration when the opportunity springing from the other side. It must would like to see another person die, comes. spring from NATO and, again, the U.S. another person harmed, would like to Mr. Chairman, other speakers this is almost synonymous with NATO now. see the continuation of tragedy in that evening have said that Kosovo, is a I talked about the timing, and I want part of the world that we have wit- very difficult decision. Well, Kosovo is to return to that, Mr. Chairman, be- nessed on television, we have witnessed a very difficult and dangerous place, cause I think that this is really unfor- in media accounts. We all want to see and we are sent here, after all, to make tunate. The President of the United that end, but, my colleagues, we have the difficult decisions. I, for one, do not States is bringing a message of com- been there and we have done that be- think that we, Congress, has a role in passion and humanitarianism to Cen- fore. voting on whether the President should tral America after the most disastrous I have only served 6 short years in send peacekeepers into a region, so I do natural disaster in this hemisphere. the House of Representatives, but from not think that this debate is a nec- Over thousands of people killed, mil- the time I came to first serve here we essary one, and I think again that the lions of people made homeless, thou- have seen what has happened under timing of it is unfortunate. sands without jobs, economies wiped this administration. Again, I reiterate What is happening in Kosovo is a out. and recite the experience of Somalia. It challenge to the conscience of our The President is bringing the com- started out as a humanitarian mission, country, what is happening in Kosovo passion of the American people there. a compassionate mission, and we were is a challenge to the future of NATO. I That is an appropriate mission for the sucked into this conflict. would say to our colleague the gen- President. The Secretary of State is If we look at the newspaper just a tleman from Ohio (Mr. KASICH) that it joining him. The Secretary of Defense few weeks ago, we will see that 60 peo- is in our vital national interest, it is in is out of the country, and we bring up ple were killed in Somalia; that, in our vital national interest to support a resolution to undermine their efforts fact, our policy failed there, our efforts NATO. Indeed the United States is so in Kosovo. failed, and the killing goes on.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 4322 CONGRESSIONAL RECORD—HOUSE March 11, 1999 We spoke from the well here about because of a failed policy by this ad- only four months ago and has violated Haiti, about a policy relating to Haiti. ministration. every one of those agreements. There is We spent $3 billion. We are the most Mr. OLVER. Mr. Chairman, I move to no difference between the policy that compassionate government and Con- strike the requisite number of words. the Milosevic regime has put forward gress on the face of this Earth to try to Mr. Chairman, I rise at this point to either before or after those signings bring peace and order and stability to speak in favor of the Gejdenson amend- back in October. So there have been Haiti and other nations. I say that to- ment but also to say that I think the thousands of people killed and another night Haiti is just as unstable as it has original amendment, the Gilman 400,000 refugees have been sent around ever been and, again, we have turned amendment, is an acceptable alter- in various places in Europe. from one set of dictators to another set native. It is that history, that history of of dictators. I would prefer that we were not doing dealing with this what my ranking We saw the example of Rwanda and this. I think tonight the timing is not member on the Committee on Appro- how this administration failed to act exactly right, but we are doing it. So in priations called the psychopathic, psy- when we had the greatest genocide in those terms I would ask that we re- chotic, one of those words, whichever the history of my lifetime, my short member the history that has gone on; one it was, nature of the leader that we lifetime, that only after continuous who it is we are dealing with and what are dealing with. pleas of the United Nations were re- the history of those dealings have been With all of that history, it is the con- buked. I spoke here on the Floor of the in the period of time that Slobodan tact powers that have come together House and others did asking that the Milosevic has been the leader of Yugo- and empowered NATO, suggested that United Nations be allowed to send a slavia. they go in and create an atmosphere pan-African force with no American I ask us to remember that Milosevic for peace. NATO has not moved quick- troops there to stop the situation from attacked not one but two members of ly. Those contact powers have not turning into a disaster. We knew what the United Nations in 1991 and 1992, moved quickly before in Yugoslavia was going to happen, and this adminis- both Croatia and Bosnia, and it was the and it is only because of the history, tration blocked that effort. regular Yugoslav Army, not indigenous the 10 years now virtually of history in In Bosnia, we heard about the quar- folk, who attacked and destroyed the dealing with that regime, that they are ter of a million people who have lost ancient and beautiful city of Vukovar now acting. I think that it would be a their lives there. I have been to Sara- after a 2-month siege, and in the after- tragedy if we did not support their ca- jevo and I have looked across the parks math of that siege the slaughter in- pacity to act at this time. in Sarajevo that now have the white cluded people who were pulled out of It is not our part, nor any part, nor crosses of the tens of thousands who the hospital, men and women pulled any intent of that effort on the part of died. out of hospital beds and slaughtered at NATO, to give Kosova independence. Why did they die? They died because the end of that siege. What is intended is to stop the killing. of the failed policy of this administra- Their crime was that they happened It is a mission designed to stop the tion. They did not come to the rescue to live in an area that Milosevic want- killing, to impose peace. of the people when they needed it. A ed to add to Serbia, but their other The CHAIRMAN. The time of the quarter of a million had to die and ad- crime was that they were Roman gentleman from Massachusetts (Mr. visors from this administration, who Catholics. OLVER) has expired. we talked with, resigned in disgust. Then I ask us to remember that (By unanimous consent, Mr. OLVER They kept people from protecting Milosevic deployed his regular Yugo- was allowed to proceed for 2 additional themselves in that region, and that is slav army, that that was the instru- minutes.) ment by which the overwhelming Mus- why we had that quarter of a million b 1715 die. lim cities and towns in the Drina River We were promised time and time Valley in eastern Bosnia were eth- Mr. OLVER. Mr. Chairman, I hope in again here that our troops would be nically cleansed in early 1992. That was that process, I think everyone hopes in gone, thousands of troops gone, and we when the major ethnic cleansing oc- that process, if an agreement can be reached, that it will be possible to see still have 6,000 to 8,000 troops in that curred, early in 1992. if those people can live together, can area and we were told when we visited Their crime was that they were in a live and coexist together. After all that there recently that, again, it takes part of Bosnia that Mr. Milosevic want- has gone on, all of the repression of the 10,000 to support the several thousand ed to add to Serbia. Their other crime Albanian ethnic majority, now 93 per- that we now have there years later. happened to be that they were Mus- So, yes, we want to stop violence. lims. So they were ethnically cleansed, cent of the population of Kosovo is Al- Does nation building work? Some- which meant that they were either banian ethnic citizens of the origina- times a thousand years of conflict can- killed or driven out. tion of Yugoslavia, from some time not be resolved by our troops or our I ask us to remember Srebrenica, ago, whose autonomy was taken away, fine efforts. crowded with refugees, whose only and the very policies that Milosevic Tonight, as we are here enjoying the crime really was to have taken the has followed has led to more Serbs comforts of the United States, there U.N. seriously when the U.N. said that leaving Kosovo. So it is 93 percent Al- are 30 armed conflicts in the world. Srebrenica would be a safe haven, but, banian. There are people dying throughout the of course, they also happened to be But I think also, now, in the last world for various reasons in almost Muslims. They, 8,000 men and boys, year of the 20th century, we ought to every hemisphere. every male in that community, when it look at this century and see that early Can the United States be the police- was overrun, was slaughtered like pigs in this century there was a peaceful di- man of the world? I say that we cannot. in a stockyard. vorce of two nations put together, two Can we support organizations like the I ask us to remember that Milosevic peoples put together by an agreement United Nations, who should go in and signed the Dayton Accords in 1995, that had been made after a war earlier. take actions? Yes, we should. Should after it was clear that the tide was run- The Swedes and the Norwegians in 1905, we support NATO? Yes, we should. ning against him. That has been a re- they peacefully divorced. Not a single Have we helped NATO over the years to markably successful deployment as person was killed in that process. At build forces to resolve conflicts in the peacekeeping. The only area, the major the end of this century, we have seen European theater? Yes, we have. area, where it has been unsuccessful is the Czech Republic and Slovakia. They We have been good neighbors. We because Milosevic has violated all of were united. There was no separated have tried to assist but, again, we have the terms of the Dayton Accords that sovereignty, there was only one sov- been there, we have done that. related to allowing refugees to return. ereignty. They decided to peacefully Let me say finally why we are in the I ask us to remember that Milosevic divorce, and there was not a single per- situation in Kosovo, and that is again signed agreements in regard to Kosovo son killed in that process.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4323 We should be seeking ways of devel- of the previous speaker, the distin- For many years, the goal of our for- oping a peaceful divorce here, if that is guished gentleman from Virginia. eign policy was the dissolution of the what it comes to, and if it is clear that Mr. Chairman, as an internationalist, Communist system. We ultimately those people cannot live together I believe that the United States can achieved success, but the erosion of peacefully and in fairness and in jus- and should intervene when a country communism created power vacuums tice, which is what clearly we are try- violates international law and commits around the world. We did not foresee ing to have 3 years to be able to de- crimes against humanity. It is shame- the problems that would be created, velop over a period of time. ful that we waited as long as we did to and now that we can see them, we are So I hope that the Gejdenson amend- intervene during World War II and the unwilling to do anything to heal the ment will be adopted, and if not, the more recent genocides in Bosnia and fissures. While communism in its origi- Gilman underlying amendment, either Rwanda. nal form may be largely dead, it has is acceptable, to allow that kind of pol- Yesterday, before the Committee on been substituted in some places with icy to go forward. International Relations, Senator Dole brutality and instability. We seduced Mr. BLILEY. Mr. Chairman, I move put the question, how many murders the Communists. We said, our way is to strike the requisite number of make a genocide? Mr. Chairman, do we better. It works. Come with us, we will words. wait until the deaths in Kosovo num- help you. The people looked to the ber hundreds of thousands as opposed Mr. Chairman, I rise reluctantly to West, saw us and saw that it was good, to the 2,000 to 3,000, or do we intervene oppose the gentlewoman from Florida so they took our advice. In some earlier? Europeans with whom I have (Mrs. FOWLER), my good friend whom I places, our example has worked. In the almost always agree with, but she is discussed Kosovo are truly perplexed. I Balkans, it has not. Rather than help, wrong. We cannot back out of this. If have had an occasion to discuss it often some of us are prepared to close our we do, we might as well back out of with my colleagues in Europe and the eyes. We are telling them that they are NATO. responsibility that I happily undertake on their own. It is your problem, not The Europeans cannot do this with- as a rapporteur of the First Committee ours, we are saying. out us. We have to be there. It is not which deals with politics and security Well, I do not agree. It is our prob- pleasant. I would just as soon we did in the Organization for Security and lem. And if this resolution fails today, not have to be there. However, we need Cooperation in Europe. Four times a we will leave our President and Com- to remember, World War I started in year I have traveled to those meetings mander in Chief flapping in the wind, the Balkans, and if we do not partici- for the last 3 years and talked con- along with the people of Kosovo, and pate, the Europeans will not partici- stantly about this particular problem. pate without us. I serve in the NATO Mr. Chairman, my colleagues in we should be ashamed. Parliamentary Group, I have for the other bodies in Europe cannot fathom The CHAIRMAN pro tempore (Mr. last 15 years. They have made it clear how any thinking person can oppose ef- CALVERT). The time of the gentleman that without us, they will not be there. forts to craft a solution to this enor- from Florida (Mr. HASTINGS) has ex- Then, the fighting will continue. We mous human conflict. This is not a pired. will see the ethnic cleansing going on local problem. Objective observers (By unanimous consent, Mr. that we saw in Bosnia. We will see on agree that the conflict could draw in HASTINGS of Florida was allowed to the evening news the body bags, the Albania and Macedonia, threaten proceed for 1 additional minute.) atrocities, and the Kosovars, who are NATO allies Greece and Turkey, divide Mr. HASTINGS of Florida. Mr. Chair- lightly armed in comparison to the the NATO alliance, undermine NATO’s man, let me tell my colleagues why we Serbs, will call on their Albanian col- credibility as a guarantor of peace, should be there. Our credibility in the leagues and brothers to come to their jeopardize the fragile situation in Bos- NATO alliance is at stake. The fact defense, and we will begin to have a nia, and initiate a massive refugee that two Presidents have put forward widening war in the Balkans. movement throughout Europe. our position very plainly, and the work Is it in our interests? You bet. It is in The President is not considering a of the contact group, this did not come our interests if for no other reason but particularly large American presence. I about in a vacuum. Russia even agrees for humanitarian reasons to make sure believe that all of us know that he an- with the contact group that this peace the slaughter does not go on. Far more ticipates sending less than 4,000 Ameri- agreement should be given a chance to than that, what it means to the future cans to join 28,000 in the NATO force. go forward, the work of the Organiza- of the North Atlantic Treaty Organiza- Included in the 28,000 will be 8,000 Brit- tion of Security and Cooperation that tion, the most successful defense group ish soldiers, and 6,000 Germans. The has 2,000 people on the ground now and in the history of the world, it would be fact that the Germans are planning to an extraction force. Finally and most a tragedy. send ground troops is not insignificant; importantly, we must make clear to Has the administration fumbled? Has it is a testament to the importance of the world that we will oppose genocide it failed to come forward as they this issue for all of Europe and all of any time, anywhere. should have long ago to explain to the the world. Last night on ABC News, seven little American people and to the Congress America is truly the greatest coun- boys stood without their mother and why it is absolutely necessary that we try in the world. But perhaps because father in Kosovo who had done nothing participate? You bet. The fact is, that we are so large and diverse, we are but go somewhere to look for food. I is water over the dam. We are here at often conflicted about our place in the stand here to say that I am committed a crucial point. We need to make sure world. Every time a post-Cold War Con- with those seven children in the hopes that we do our part. gress has had to consider committing that somewhere along the way we can Mr. Chairman, 4,000 troops out of a United States troops to places such as provide what is necessary for peace and contingency of 28,000 or more is a small Haiti or Rwanda or Bosnia or Iraq, it stability through our efforts in the price to pay for peace. Would that we has been difficult to garner sufficient NATO alliance to ensure that they had had 4,000 troops in 1934 to boost up support from Congress. But we cannot grow up and, yes, become just as free the morale of the French and the Brit- expect to be a world leader, actually as all of us in this great country. ish when Hitler broke the Treaty of the only real superpower, without par- Mr. SKELTON. Mr. Chairman, will Versailles and moved back into the ticipating in international operations. the gentleman yield? Saar. We might have had a far different We demand that the rest of the world Mr. HASTINGS of Florida. I yield to historic turnout. cherish our democratic values and that the gentleman from Missouri. Mr. HASTINGS of Florida. Mr. Chair- NATO and the United Nations inter- Mr. DEAL of Georgia. Mr. Chairman, man, I move to strike the requisite vene in conflicts that we deem impor- I move to strike the requisite number number of words. tant. But when we are called upon to of words. Mr. Chairman, I wish to underscore participate in missions which were not Mr. Chairman, I rise in support of the and associate myself with the remarks initiated by us, we balk. Fowler amendment. There are many

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 4324 CONGRESSIONAL RECORD—HOUSE March 11, 1999 uncertainties regarding the con- Representatives, America is telling the United States has done nothing to sequences of our action on this resolu- President and the Europeans to aban- cover itself with glory, and much to be tion, but there is no uncertainty, how- don hope in Kosovo, that America is ashamed of. ever, about the historical reaction of not going to participate; and do not try In fairness, I would have to say that the American people when our citizens, to take any other view of this, if Amer- the President has had some victories, either civilian or military, are killed ica does not participate then there will Northern Ireland for one, and Bosnia; by foreign powers. Whether it is the be no agreement. yes, Bosnia, where the proud represent- slaughter of Americans at the Alamo We can look at history, we can look atives of the United States military, in which led to war with Mexico, the sink- at recent history in Yugoslavia. The small numbers, are keeping the peace, ing of the Lucitania in 1915 and the loss Bush administration I think correctly and are teaching people who have not of 123 American lives that led to our in- began with the assumption that as the really ever known it tolerance and un- volvement in World War I, or the Soviet Union had dissolved, that there derstanding; and have done so, I might bombing of Pearl Harbor and the loss was no longer one monolithic Com- add, without casualties, because of hundreds of American personnel that munist State there to affect our small- Slobodan Milosevic will not respond if resulted in our entrance into World er European allies and that they would the United States stands tall and War II, one thing is constant. Our Na- handle Yugoslavia. For months and strong. tion will go to war when we believe our years America did nothing, and women So I have no case to make for this citizens have been killed by others and children died, over 200,000, as the President’s foreign policy generally. without reason. world stood by yet again. The President has failed to adequately What will happen in this new con- consult the Congress in respect to b 1930 flict? Tonight on the news we see more Kosovo, and he also, I think it is fair to So therefore, what are we prepared to people heading for the hills, leaving say, deserves great criticism for per- do if our soldiers are killed in Kosovo? their homes under the threat of death mitting the conditions in Kosovo to de- To say that such has not occurred in and destruction. teriorate to the point at which we find Bosnia is no guarantee that it will not This President has had some great ourselves today. happen here. It is altogether appro- strengths, and I disagree with the Re- Clearly no one, including the United priate to ask other questions, such as publican whip, one of them has been States, can force parties to a peace who the scope of the mission, the duration foreign policy. In Haiti, when President want to engage in war. Clearly, no de- of the engagement, and the exit strat- Clinton was elected, we had boatloads ployment can be made before there is a egy, none of which can be answered of Haitians rushing the shores of Amer- signed peace agreement. However, Mr. Chairman, the defeat of with any degree of certainty. ica, overpowering the social services of this resolution or the passage of the I am more concerned about our esca- the States to our south. We have put Fowler amendment would be a victory lation strategy. Do we really believe an end to that. Is it paradise yet? No, for Milosevic. The butcher of Bosnia, that the killing of American soldiers but it was a long way from paradise will not result in more than 4,000 sol- the author of the bloody ethnic cleans- when President Clinton was elected. ing and genocide, will win if we do diers being sent to Kosovo? Will we In Iraq, yes, we have not gotten rid of abandon our historical reaction to such nothing. Saddam Hussein, and President Bush, We are the world’s strongest Nation. events? National pride would say we with all the armies of the world there, We are the beacon of hope to oppressed dare not do so. also did not get rid of Saddam Hussein. peoples everywhere. We must stand up Therefore, even though there are Members look for exit strategies and to our responsibilities. We cannot ex- many unanswered questions, there is end dates. Again, if we used that strat- pect Europe to do it. They do not have one question to which we do know the egy at the end of World War II in con- political unity. We do. answer, the question, what will the fronting Soviet expansionism, the So- I believe that if we do not stand up in United States do if Slobodan Milosevic viets would merely have taken out Kosovo for what we believe in as a peo- and his forces kill our troops? The an- their calendars and said, yes, the ple, NATO itself will suffer the con- swer, we will respond with greater Americans have come to Berlin to pro- sequences. We have right now the Sec- force to avenge their deaths, and the tect Western Europe, and they will do retary of State , mission will escalate. so for 90 days, a year, 2 years? And Bob Dole, Richard Holbrooke. They are Therefore, I oppose sending troops to what would they have done? providing leadership. They are working Kosovo. Let us not forget the lessons of I say the same thing here today. for peace. If we defeat the resolution, Vietnam, which many Members of this When we talked about burden-sharing we will pull the rug out from under our body have said include that of non- for over a decade in this House and peacekeepers, our peacemakers. intervention in the internal affairs of more, we never dreamed that there I would commend all of our col- another Nation. We should never use would be an action in Europe where leagues in the House to the report of our military forces as bait to arouse American forces represented 15 percent the gentleman from Virginia (Mr. national indignation when a bloody or less. The Europeans are taking on FRANK WOLF). He was just there in Feb- dictator takes the bait. the largest responsibility they have ruary. He visited Albania and Mac- If our purpose is to take out ever undertaken in these exercises. edonia as well. He spent 5 days in the Milosevic, then we should have the po- Defeat the proposal of the gentle- region. No one has given more of his litical courage to do so with over- woman from Florida (Mrs. FOWLER). time, no one has gone more miles, no whelming force. We should not deceive Pass one of the proposals that are be- one has cared more deeply, no one has ourselves about the dangers to our fore us today. Many of us would have worked harder for peace on behalf of troops by calling it a peacekeeping preferred to have had this debate on the world’s oppressed peoples than the mission, in an effort to simply make another date. But to leave this Cham- gentleman from Virginia (Mr. FRANK ourselves feel good. We should not go ber tonight without giving support to WOLF). He has studied extensively the to Kosovo. our policymakers to end the killing in history and what is happening in the Mr. GEJDENSON. Mr. Chairman, I Kosovo is wrong and irresponsible. De- region. I recommend that every single move to strike the requisite number of feat the gentlewoman’s amendment. Member read his report. It really tells words. Mr PORTER. Mr. sChairman, I move us what we need to know. Mr. Chairman, I rise against the to strike the requisite number of I agree with what the gentleman amendment offered by the gentle- words. from Virginia (Mr. WOLF) believes: Do woman from Florida (Mrs. FOWLER). It Mr. Chairman, perhaps no one has not prevent the opportunity for a is bad policy. It leaves America send- been more critical of the President’s peaceful resolution of the Kosovo con- ing a clear signal that here tonight, on foreign policies than I have. In China, flict. Support peace. Blessed are the the floor of the United States House of in northern Iraq, and in Turkey, the peacemakers. Support the resolution.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4325 Mr. Chairman, I include for the history of conflict, turbulence and hatred. of concern, there are other reasons for the RECORD the report of the gentleman By 1987 Serbian dominance in the region had U.S. to remain active. The U.S. can never from Virginia (Mr. WOLF). been established, Slobodan Milosevic was stand by and allow genocide to take place. The report referred to is as follows: President and ethnic Albanian participation Part of the effort, once a peace agreement in government was virtually nonexistent. between the Serbs and ethnic Albanians has STATEMENT BY U.S. REPRESENTATIVE FRANK In response, ethnic Albanians in 1991 been signed, could include a NATO ground R. WOLF—REPORT OF A VISIT TO THE BAL- formed a shadow government complete with force in Kosovo containing a contingent of KANS—KOSOVO: THE LATEST BALKAN HOT president, parliament, tax system and U.S. troops. SPOT FEBRUARY 13–18, 1999 schools. Ibrahim Rugova was elected presi- It is clear that a main pipeline for arms This report provides details of my trip to dent and has since worked for Kosovo inde- reaching ethnic Albanians in Kosovo is Albania, Macedonia and Kosovo during mid- pendence through peaceful means. across the Albania-Kosovo border and any February, 1999. This visit occurred during By the mid-1990s, the ethnic Albanian pop- stabilization effort will likely include shut- the time the Serb-Kosovo Albanian peace ulation in Kosovo had grown to nearly 90 ting off this arms route. It has been sug- conference was taking place in Rambouillet, percent as human rights conditions contin- gested that an effective arms blockade could France, and ended only a few days before the ued to go down hill with the Serbs in total be accomplished by the Italian government contact group’s initially imposed deadline to control of police and the army. Many, if not from the Albanian side of the border with reach agreement of February 20. There is most, individual Serbs also have weapons as Kosovo. every indication that the U.S. will be con- opposed to ethnic Albanians for whom pos- A number of issues must be addressed be- cerned with Kosovo for some time to come sessing a gun is against strictly enforced fore the outcome of this conflict can be pre- and it was important to have a clear, first- law. Beatings, harassment and brutality to- dicted. Principal among these is the likely hand view of conditions there. ward ethnic Albanians became common- strength and stability of an ethnic Albanian I have, for many years, had a deep interest place, particularly in villages and smaller led Kosovo government. Another is the eco- in the Balkans and concern for the people towns. nomic potential of a stand-alone Kosovo, free who live there. I have traveled numerous In 1996 the shadowy, separatist Kosovo Lib- from Serbia. Also important is what will be times to the region. There has been hos- eration Army (KLA) surfaced for the first the future of the KLA? Will they give up tility, unrest and turmoil for hundreds of time, claiming responsibility for bombings their arms? Many in the KLA say ‘‘no’’. years. It has been said that there is too much in southern Yugoslavia. KLA efforts intensi- Could an independent Kosovo make it on its history for these small countries to bear. If fied over the next several years, government own? Political ability has not been dem- this is so, it has never been more true than officials and alleged ethnic Albanian collabo- onstrated. Economic development help from today. rators were killed. The Serbian government the private sector in the West may not be During this trip, I spent one day in Tirana, cracked down and violence has escalated immediately forthcoming. How would they Albania, where I met with the U.S. Ambas- since. be propped up? How will long term cross bor- sador Marissa Lino and her embassy staff; I met with a number of KLA members. der hatred between Serbs and ethnic Alba- Albanian President Meidani; Prime Minister Most of them are everyday people, farmers, nians be kept in check? Who is going to foot Majko; cabinet ministers; the Speaker and storekeepers, workers and such who were the bill for all this? European nations? other members of parliament; religious lead- driven to the KLA by the constant brutal ac- How and by whom will the issue of war ers, and heads of Non-Governmental Organi- tion of the Serbs. There are, no doubt, some crimes be addressed? A terrible job on this zations (NGOs) active there. bad people in the KLA including thugs, gang- issue has been done in Bosnia. Known war I spent parts of two days in Skopje, Mac- sters and smugglers, but most are motivated criminals have not been pursued after more edonia, where I met with embassy Deputy by a hunger for independence. Still, it must than three years. Reconciliation is an impor- Chief of Mission and Charge d’affaires Paul be recognized that some acts of terrorism tant ingredient to lasting peace but terrible Jones; Political Officer Charles Stonecipher; have been committed by the KLA. acts have been committed and justice must members of the Macedonian parliament; Conditions in Kosovo continued to deterio- be served. The principal perpetrator of injus- former Prime Minister and President of the rate and alarm the international commu- tice and brutality has been Serbian Presi- Social Democratic Union (opposition polit- nity. In October 1998, under threat of NATO dent Slobodan Milosevic. What about him? ical party) Branko Crvenkovski; American air strikes, Serbian President Milosevic The White House and the present adminis- soldiers assigned to United Nations forces made commitments to implement terms of tration are deserving of some sharp criticism guarding the Macedonia-Kosovo border, and U.N. Security Council Resolution 1199 to end for allowing conditions to get where they are the commander and men of the NATO violence in Kosovo, partially withdraw Ser- today. Kosovo verification and extraction forces as bian forces, open access to humanitarian re- There appear to be few lessons this admin- well as representatives of NGOs in Mac- lief organizations (NGOs), cooperate with istration has learned from the painful expe- edonia. war crimes investigators and progress to- rience of Bosnia. Our government waited too In Kosovo for a day and a half, I met with ward a political settlement. long to get involved and, once engaged, has head of mission Ambassador William Walker As part of this commitment, in order to been somewhat ineffective. Too many died in and senior adviser to ethnic Albanian elected verify compliance, President Milosevic Bosnia during this delay. While committing President Ibrahim Rugova, Professor Alush agreed to an on-scene verification mission by troops to the region for one year (now over Gashi. I also met with Kosovo Liberation the Organization for Security and Coopera- three years with no end in sight) has indeed Army (KLA/UCK) spokesman Adem Demaci tion in Europe (OSCE) and NATO surveil- halted killing, at least temporarily, Bosnia (who previously spent 26 years in Serb pris- lance of Kosovo by non-combatant aircraft. is no further along toward peaceful self suffi- ons) and senior Serbian representative in These activities are in progress and NATO ciency than when troops arrived. Rather, it Kosovo, Zoran Andelkovic. Other meetings has deployed a small extraction force in next is as though there is merely a pause in time. included NGO representatives, head of the door Macedonia. I visited with each of these If our troops leave, hostility and brutality Kosovo office of the U.N. High Commissioner groups. would likely resume. Little infrastructure is for Refugees (UNHCR), and other officials However, conditions in Kosovo have not being created. Railroads are not running. and representatives. Our outstanding and stabilized and more have been killed. Fi- Little economic development or growth is most able escort was State Department For- nally, a contact group with members from emerging. No lasting plan for peace has been eign Service Officer Ronald Capps. We also the U.S., Great Britain, France, Russia, Italy developed and no interdependent community stopped at a Serb police barracks and met and Germany issued an ultimatum to the has been created which would make undesir- with the officer in charge. We met individual sides to reach a peace accord by February 20, able, a return to conflict. Little has been members of the KLA and with a number of 1999. NATO air strikes against targets in Ser- done to bring about reconciliation. individual Kosovars who had returned to bia were threatened if Belgrade did not com- Meanwhile, as we look at our overall U.S. their villages after having been driven out by ply. military capabilities throughout the world, Serb attacks. Some villages were largely de- The Serbs consider Kosovo the cradle of we see that this administration has drawn stroyed and remain mostly deserted. their culture and their orthodox religion and down U.S. military strength to the level The fate of Albania, Macedonia and are not willing to give it up. I visited the where there are now insufficient forces to Kosovo, which border one another, is inter- Field of Blackbirds where the Serbs battled meet today’s needs. When I met with our sol- related. Albania has a population of about for and lost control of the region in 1389. I diers in the Balkan region I found many who two million people. Macedonia’s population also visited a Monastery dating back to 1535 have gone from one deployment to another of two million includes about one third eth- that is an important part of Serb history. without time to be home with their families. nic Albanian. About 90 percent of the nearly The Clinton administration, which does The troopers I met on the Kosovo border are two million people in Kosovo are also ethnic not favor independence for Kosovo, worries assigned to a battalion on its third deploy- Albanian. this conflict could spread if NATO does not ment in three years. Kosovo is the southernmost province of intervene and could even involve Turkey, There are no better soldiers anywhere in present-day Serbia and has a centuries long Bulgaria, Albania and Greece. While this is the world than these and their morale is

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 4326 CONGRESSIONAL RECORD—HOUSE March 11, 1999 high. They are ready to do what is expected U.S. Kosovo will be a big test for this impor- of sharp criticism. America is the one re- of them and more. But they are not being tant alliance. maining superpower and, like it or not, must treated fairly. Pay and benefits have been al- 2. There are many differences between the assume this responsibility. Unfolding events lowed to deteriorate. The tempo of oper- situation existing several years ago in Bos- continue to point to the absence of a coher- ations has grown to the point where they nia and what is happening today in Kosovo. ent idea of what to do and how to do it. have too little time at home. There are just Still, thousands died in Bosnia including too While we should have already developed a not sufficient forces to do all the things they many women and children before NATO peace-making strategy and an exit strategy, are expected to do. According to the Feb- troops including a large contingent of U.S. the participants at Rambouillet remain un- ruary 17, Washington Post, the Secretary of soldiers moved in and put an end to the kill- able to even get things started. the Army’s answer is to lower standards and ing. Had not NATO peacekeepers acted over 10. President Clinton has done a poor job of recruit high school drop-outs. Turning his three years ago, the killing might still be making the case to the American people for back on history, this official has unwisely going on today. Without the commitment of U.S. involvement in this conflict which also decided upon another social experiment U.S. troops, a NATO peacekeeping interven- has a significant moral aspect to it. While rather than dealing fairly with the shortfall. tion might not even have been attempted. the U.S. cannot be involved all over the From 1990 to 1998 the armed forces went We may wish this were not so, but it is. Per- world, we are a member of NATO which deals from 18 active army divisions to eight. The haps things can change in the future but this with peace and stability in Europe. Kosovo is navy battle force went from 546 ships to 346. is today’s reality. a part of Europe and its destabilization could Air force fighter wings decreased from 36 to 3. U.S. troops are stretched too thin and create a huge refugee population there. 20. Discretionary defense budget outlays will are not being treated fairly. Pay and allow- Fighting could even break out elsewhere if decrease 31 percent in the ten years begin- ances are inadequate, the tempo of oper- this issue is not dealt with early and effec- ning 1990. Service chiefs predict FY 1999 am- ations is far too high (we just need a larger tively. America has been blessed with peace munition shortages for the army of $1.7B and military force to face the tasks they have and prosperity. In the Bible, it says that to $193M for the marines. These statistics are been given) and we are not giving our first whom much is given, much is expected and just the tip of the iceberg. There is compel- class military men and women the tools they there is an obligation on our part to be a par- ling evidence that, in the face of a huge in- need to do the job. The administration needs ticipant in the search for solutions in this crease in troop deployments (26 troop deploy- to take better care of our soldiers, sailors, troubled spot. 11. I would like to conclude on a personal ments between 1991 and 1998 by the army’s marines and airmen. Congress should force note to thank all of those who assisted me own count), this administration has not this issue. on this mission. I am especially grateful to made the investment to give our fighting 4. Special attention must be paid to the U.S. Ambassador Marisa Lino and her staff, men and women the tools to do the job asked Kosovo Liberation Army (KLA). While many, foreign service officer Charles Stonecipher of them. perhaps most, are common people whose in- The fact that the men and women in uni- who assisted me in Macedonia, foreign serv- terest is defending their families, their ice officer Ron Capps whose knowledge and form are bending to their task is to their homes and themselves, the army is not with- credit, but it is past time to give them what concern was of great help in Kosovo and U.S. out a rogue element. There is no clearly es- Army Lieutenant Colonel Mike Prendergast they need and stop driving them into the tablished and proven civilian government who traveled with me. I appreciate their in- ground. The White House must face up to and there is no line of authority/responsi- valuable assistance. this shortfall and address the issue of where bility between the KLA and a representative the money to pay for our involvement is to government. Without control, the KLA could Mr. TURNER. Mr. Chairman, I move come from. They have not yet done so and get out of hand. to strike the requisite number of time is short. 5. When peacekeepers arrive in Kosovo, one words. A strong NATO involvement, with solid of their first tasks must be to disarm the Mr. Chairman, I returned Monday U.S. participation, will be an important part KLA. Many in the KLA have said they will from Bosnia with a group from the of any workable solution to this mess. There not give up their weapons. An armed KLA Committee on Armed Services led by is a story making the rounds of NATO forces will be a time bomb in the way of progress the chairman, the gentleman from Vir- where an American general, about to depart toward peace. Providing safeguards for Serbs the region asks his NATO counterpart how ginia (Mr. BATEMAN). For those in Bos- in Kosovo is an important part of the peace nia, our troops tonight who may very many U.S. troops must remain to ensure process. safety and success of the mission. The NATO 6. Efforts thus far to build a lasting peace well be listening to this debate, I want commander responds, ‘‘Only one, but he in Bosnia have come up short. Not only must to say that we were very much im- must be at the very front’’. This is only a more be done there but the lessons learned pressed with the spirit and with the story told in good humor but it makes the must be applied to Kosovo. The military quality of our troops. An all-volunteer point that U.S. presence is key—perhaps presence in Bosnia has done the job of ending force, war fighters at their best, are vital. killing and brutality as it likely will in keeping peace tonight in Bosnia. It is not without irony that the one key Kosovo, but the peace-building effort of rec- I rise in opposition to the Fowler player omitted from the contact group meet- onciliation and creating an interdependent ings in France is a NATO representative. The amendment for four reasons. society and effective marketplace and eco- First of all, the Fowler amendment irony deepens when the presence on the con- nomic trade system has not gotten off the tact group of chronic problem-makers Russia would jeopardize the potential for suc- ground. cess of the current peace negotiations and France is noted. 7. Lasting peace in the Balkans will not Frankly, the U.S. Congress has also had occur while Serbian President Slobodan that will reconvene in France in just a too little involvement in this Balkan proc- Milosevic is in power. A just and permanent few days. It strengthens Milosevic’s ess. The administration has done and con- way for him to step down must be found. The hand, and it will harden his resolve not tinues to do a poor job in dealing with these longer he remains, the longer turmoil, un- to cooperate with the negotiators. issues. Consultation with the Congress does rest and killing will continue in eastern Eu- Second, the Fowler amendment turns not appear to have been a major concern to rope. our back on our NATO allies, and it re- the White House. While foreign policy is 8. American and other workers and offi- largely the prerogative of the President, linquishes an important leadership role cials of all nations present in Kosovo (dip- that we have always exercised in that American lives are being placed at risk in a lomats, United Nations, NGOs, contract far-off land and untold dollars are being alliance for over 50 years. workers, humanitarian care-givers and oth- Third, the Fowler amendment would committed to this effort. Congress has a role ers) are true heros. They risk their lives and must participate in this debate. Congres- daily to make life a little better for the peo- send the wrong message around the sional hearings to explore all aspects of this ple in Kosovo and we should all pray for world, where American resolve and situation are in order. them. I happened to see a warning sign post- American strength is the only barrier CONCLUSIONS AND RECOMMENDATIONS ed in a U.N. office talking about mines. In to those who would exercise, through 1. If there is a signed peace agreement in part, it said. ‘‘There is strong evidence to the force of arms, violence and terror Rambouillet, it could be necessary to com- suggest some police posts have had anti-per- against their neighbors. mit U.S. troops to the Kosovo peace effort. I sonnel mines placed near them . . . . All staff Finally, the Fowler amendment fails make this recommendation with reluctance are asked to be extremely cautious when in to recognize that clear relationship be- but, without U.S. troops, peacekeeping won’t the vicinity. . .’’ Yet these men and women tween the safety of our troops in Bos- work. The U.S. is both the leader of the go about their daily duties with dedication world and of NATO. If NATO is involved, we and care for others in spite of the harm that nia tonight and the developing events must be a part of the effort or it will fail. is just a step away. in Kosovo. Milosevic’s hand will clear- NATO’s 50th anniversary is later this spring 9. The foreign policy of this administration ly be strengthened were we to adopt and there will be a large celebration in the continues to come up short and is deserving the Fowler amendment.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4327 On February 4 of this year, in a Mr. CAMPBELL. Mr. Chairman, I is to the credit of the Speaker that we speech at the Baldrige Quality Awards move to strike the requisite number of are having it. Ceremony, the President set forth his words. Good people will disagree on the pol- four preconditions for involvement of Mr. Chairman, the United States has icy; I recognize that. But it is right U.S. forces in Kosovo. not been attacked. Serbia in whose sov- that we, the people’s Representatives He said, first, we must have a strong ereign territory we recognize Kosovo to in the people’s House, decide, and not and effective peace agreement signed be, has not invited us to enter. The when it is too late to decide, not when by the parties. He said, we must have a United States would thus be exercising the troops are already committed, not commitment by the parties to imple- force against the sovereign territory of when casualties have already been ment the agreement and to cooperate a country that has not attacked us, taken, but in advance, which is as the with NATO. Third, he said we must and which we recognize has the right of Constitution intended, and which guar- have a permissive security environ- sovereignty over Kosovo. antees the practical effect as well that ment, with withdrawal of enough Ser- The proposal, apparently, is that we we know what it is we are embarking bian security forces and an agreement bomb Serbia until they agree with this upon, what the likely cost will be, and restricting the weapons of the Kosovar plan. As soon as the Kosovars agree whether it is the will of our Nation. paramilitaries. Finally, the President with us, we would commence bombing If, contrary to my advice, the major- said we must have a well-defined NATO to force the Serbs to enter into this ity opinion of this body tonight is to mission with a clear exit strategy. agreement. support the President’s proposal in I would hope this resolution, this If by dint of that bombing the Serbs using force, then he will be far more ef- sense of the Congress resolution that agree, we would then insert troops, fective and stronger in that use of force we are considering tonight, would have supposedly to keep the peace agree- because he will have the people’s Rep- no less. ment. But what kind of peace agree- resentatives with him. So I applaud The Gejdenson-Turner amendment ment? A peace agreement that the Speaker HASTERT for allowing us to which is before this body, which the Serbs did not want, one they were have this debate. gentlewoman from Florida (Mrs. bombed into accepting, a peace agree- I have only one final comment. There Fowler) is attempting to amend, our ment that requires us to disarm the must be some occasions, I recognize, amendment requires that there be rea- Kosovars, a task that they do not wish when it would be legitimate to use sonable limits on U.S. participation. us to perform. force against another sovereign that That, we think, is only fair. And there they would be—United has not attacked us. My personal belief is that genocide would constitute such The gentleman from Connecticut States troops, on the territory of a country that did not attack us, com- a case. (Mr. GEJDENSON) offered an amendment I have done my very best to research, requiring a fair and just agreement mitting an act of war against that and what I believe is happening in signed by the parties before any U.S. country. I use the term, ‘‘act of war,’’ Kosovo now is a horrible, bloody civil troop involvement. I offered an amend- advisedly, because in the hearings of war. But I do not believe the evidence ment to limit our troop participation our committee I had the opportunity sustains that it is an attempt by the to 15 percent of the total NATO force. to ask Ambassador Pickering, the Serbians systematically and by use of This is not a number that came out of President’s special adviser and dele- government to exterminate Albanians the air. This is a number that the gate on this issue, whether bombing a on the basis of their ethnic origin. It is, President acknowledged and that our part of another sovereign country in other words, not genocide—where I military leaders have acknowledged would be an act of war. would say it is permissible to use force that is being negotiated as we speak b 1945 against another sovereign. with our NATO allies. He said he thought that it would. So The CHAIRMAN. The time of the These limits are appropriate for two we would be committing an act of war gentleman from California (Mr. CAMP- reasons. First, our European NATO al- to force an agreement, and then we BELL) has expired. lies should properly bear the lion’s would be putting our troops in to mon- (On request of Mr. HASTINGS of Flor- share of this peacekeeping mission, and itor an agreement that recent evidence ida, and by unanimous consent, Mr. they understand that. has suggested neither side wants. It is CAMPBELL was allowed to proceed for 1 Second, these limits are ones that I for that reason that I think our col- additional minute.) think in the Balkan region represents league, Mrs. FOWLER from Florida, has Mr. CAMPBELL. Mr. Chairman, I the maximum commitment that we the right approach, that the case has yield to the gentleman from Florida should have, considering our current not been made in favor of this use of (Mr. HASTINGS). total troop strength and the need to force. Mr. HASTINGS of Florida. Mr. Chair- maintain our readiness to address I do wish to comment very favorably man, I thank my distinguished col- threats to our national interest in on the Speaker of the House and what league, the gentleman from California, other parts of the world. Yes, there is a I consider a remarkable act of courage a member of the committee, for yield- cost to keeping peace, but its cost is and statesmanship, on his part, to ing to me. far less than the costs of war. bring the matter before the House so Mr. Chairman, I cannot quarrel with In this world which grows ever small- that we could debate it before the use the basic premise. The gentleman an- er, peace and security in the Balkan re- of force is commenced. Speaker swered the question I was going to put gion is in our national interest, and is HASTERT did what no other Speaker to him with reference to genocide. He consistent with our moral and political under whom I have served has done, and I were in the hearing yesterday leadership. We must not tell the young and he deserves credit. He realized that when Senator Dole talked about the sergeant that I spoke to in Bosnia this the Constitution requires that only the personal experience where Albanian week that his mission will be placed in Congress has the right to declare war. homes were destroyed, and Serbian jeopardy tonight by virtue of the fact Mr. Chairman, if the United States homes were standing. His comment that we fail to make a commitment to- bombs a sovereign nation that has not was, ‘‘It does not take me to be a rock- ward peace in Kosovo. attacked us, if we commit an act of et scientist to recognize what is going We should not shoulder the total re- war, which the administration’s own on.’’ sponsibility, but neither can we be a spokesman admits is what we would be The gentleman from California and I shrinking violet and fail to shoulder re- doing, then it would require the act of have a disagreement as to genocide. sponsibility. Vote no on the Fowler this Congress, it seems to me, to de- Would the gentleman agree that, if amendment. Vote yes for the reason- clare war, or else that constitutional genocide is in fact occurring, or at able limits in the Gejdenson-Turner provision is meaningless. So the debate some other time the international amendment. that we have tonight is remarkable. It community does deign that genocide is

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 4328 CONGRESSIONAL RECORD—HOUSE March 11, 1999 occurring, that it would be appropriate free. If we vote for this amendment, action against a sovereign nation, this for us to respond in that instance? and these negotiations falter, the cost Congress either authorizes or refuses to Mr. CAMPBELL. Mr. Chairman, re- will only rise in dollars, in sweat, in authorize that action. claiming my time, I do. As one exam- tears, and, yes, in blood. Mr. PAYNE. Mr. Chairman, I move to ple, let me put on the record I believe This crisis will not disappear because strike the requisite number of words. that our country should, at least, have we simply close our eyes or turn our Mr. Chairman, let me say that there assisted African countries in an effort heads. We made that mistake in Bosnia are many, many difficult decisions that to end the genocide in Rwanda, but we until, finally, after coming to this we have to make in our lifetime. I turned our back to our shame, and, to floor, week after week, month after think that, when the world is looking their shame, so did the rest of the month, we finally convinced people to for leadership, it puts one in a position world. stop the carnage. because, if one is a leader, one is ex- Mr. BONIOR. Mr. Chairman, I move Are we going to let things get that pected simply to lead. to strike the requisite number of bad, tens of thousands dead, thousands When people say what is our interest words. of women raped, lives destroyed before there in central Europe, I think that, if Mr. Chairman, as we debate this reso- we take action here tonight, today? Is we start to remember what our country lution, thousands of refugees from this the kind of American leadership stood for for many, many years, we Kosovo are trudging down muddy we want for the 21st Century? If these were the place that had the Statute of roads, they are shivering in sodden negotiations fail because of our actions Liberty, we were the place that the tents, and they are mourning the mur- today, how long can we stand idle? whole world looked to for leadership, der of their families. Will the United States merely wring we were the place that we could stand These are innocent people, farmers, its hands as the flames of this war proud and tall and say in justice any- teachers, shopkeepers, young children, spread to Albania and Macedonia and where is in justice everywhere. aged grandparents, people whose only Greece and perhaps Turkey? We should attempt to keep stability hope in this genocidal war is that we Even as we are here tonight, even as in the world. Perhaps it is not a good can muster the will, that we can mus- we speak, Milosevic has been position to be the strongest Nation in ter the will to force Slobodan Milosevic emboldened. Serb troops are crossing the world. Perhaps if we were weaker, to stop the slaughter. the Kosovo border. Tanks are pounding we would not have this responsibility. The list of atrocities grows almost villages, helpless villages; and refugees But I do not know how we could sup- every day. In today’s New York Times, are running, literally running for their port NATO for decades and decades and there is a picture of an elderly lives. then, when there gets to be a little Kosovar, tending to the body of his 22- We have a chance tonight. Vote ‘‘no’’ tough situation, we say we should not year-old cousin shot dead by Serbs in a on this amendment and say ‘‘yes’’ to participate, we should not be a part of raid on his village. the Gejdenson resolution for peace. If this. Aid workers are still looking for hun- we do not, we will face an even higher No, I do not like to see our young dreds of his neighbors. They dis- cost in the months and the years men go off to foreign places and to be appeared into the hills as the Serbs ahead. Let us tonight live up to our re- put into harm’s way. But if we are a slaughtered their farm animals and set sponsibilities, not just as Americans, Nation of leaders, if we are the world’s their homes on fire. but as human beings, as moral, com- leader, then people are really looking This is a war of terror. This war of passionate people who cannot and will for us to participate in keeping this ethnic cleansing has been escalating not tolerate, yes, genocide. Vote ‘‘no’’ world together. We attempted to have intervention in for more than a year. Two thousand on this amendment. Rwanda at the beginning of an ethnic ethnic Albanians have died and some Mr. METCALF. Mr. Chairman, I cleansing, but the U.N. said the U.S. 400,000 have been forced to abandon move to strike the requisite number of was not really pushing it. We are not their homes. It is no wonder they flee words. sure this is genocide. Then we waited, in terror. Mr. Chairman, I rise to speak in and we waited, and close to a million Earlier this year, Serbian special po- favor of the amendment. Our policy in people were killed. lice forces stormed the village of Bosnia has been a failure, with one bro- We showed no leadership. We were Racak. According to the Human Rights ken promise to our troops after an- not even asking for American troops to Watch, they had ‘‘direct orders to kill other. Remember when they were sent go there but simply to bring in troops village inhabitants over the age of 15.’’ there, they were to be there less than 1 from African countries that were will- They executed 45 people, men, women, year. ing to go to get between the combat- and children. The operations in Bosnia have cost ants and the innocent people. Sadly, my colleagues, we have seen over $10 billion that we can ill-afford. So here we are talking about having this before. What we are witnessing is The administration continues to seek an agreement signed and simply to the nightmare of Bosnia all over again. emergency funding and shifting defense have our people there trying to keep Now the world has a chance to stop funds away from our troops and away the peace because the same way that this genocidal war before it goes any from our readiness in pursuit of an un- we went from one to a million in Rwan- further, before the carnage spreads, be- determined policy and unstated goals. da, if this conflict goes beyond borders, fore it ignites into an even broader re- What are the vital interests of the we will have people lining up on all gional conflict. But that chance, that United States today in Kosovo? The sides. chance depends on the outcome of the President has failed to enunciate a So I think that we have actually a peace negotiations. clear and compelling reason for our in- responsibility as a world leader or we So what will happen if we vote for volvement. What are our objectives? should simply become a force to simply this amendment before us this evening? The administration has failed to enun- defend our borders. Maybe we should If we vote for this amendment, we will ciate a clear exit strategy, really crit- even start to reduce the size of our undermine those peace talks now tee- ical, no exit strategy. forces just to be here to protect our tering between success and failure. If This Congress should officially notify borders. we vote for this amendment, we will the President that there will be no take away NATO’s bite and leave it money for any military adventure b 2000 gnashing its gums as Milosevic taunts without express authorization by Con- They wanted to do that before World our indecision. gress. We must not allow the constitu- War II, a lot of isolationists. So I think If we vote for this amendment, tional authority of Congress to declare the thing to do is to stand up tall and Milosevic will continue to butcher in- war to be undermined again by the ad- to take this serious responsibility not nocent people based solely on their eth- ministration. We have a responsibility to turn our backs on our colleagues nic heritage and their desire to live to ensure that, before we take military around the world.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4329 We are a proud, strong Nation, and troops should only intervene on the the Gejdenson amendment and in oppo- we need to simply behave that way in ground to ensure regional stability, not sition to the Fowler amendment. a world that is full of people who need intervene in civil wars which have no Our debate today and this evening to know that there is a higher order, real threat of destabilizing a region. centers on one of the most serious and there is someone else who is around in If the United States intervenes in fundamental responsibilities that we order to keep the peace, so to speak. every intercontinental conflict, in hold as elected representatives of a free So I would strongly urge the support every corner of the world, then the and open democracy, the recommenda- of the Gejdenson amendment. I think it United States becomes the world’s tion to commit our military forces to a is the right thing to do. It is a tough guarantor of global security and such hostile or potentially hostile environ- thing to do, but I think when things action enables the regional powers to ment. get tough, that is the time we have to escape their regional responsibilities. I respect the fact that we as Members stand up with our back straight and This leads to the second point of curi- of this body should debate this issue our head held high and we move for- osity. fully. I am, however, concerned that ward, as this great Nation has done in Since when did genocide become the the timing of this debate is suspect the past, and I think that we will, of standard for us to commit ground and, in fact, is very dangerous and can course, be called upon to do this again troops around the world? That is not undermine the peace process that the in the future. the standard. It needs to be tied to administration has been engaged in in Mr. BUYER. Mr. Chairman, I move to vital national security interests. the Balkan region for some time. strike the requisite number of words. Now, here is my difficulty. My dif- Former Senate majority leader Bob Mr. Chairman, I rise here in support ficulty is, having authored three bills, Dole, who recently returned from the of the base bill, I rise in opposition to for which my colleagues have sup- peace negotiations in the Kosovo re- the Fowler amendment, and I rise in ported on this floor with regard to Bos- gion, testified yesterday that Congress opposition to the Gejdenson amend- nia, I have told the President of the should wait to debate the deployment ment. Now I need to explain myself to United States I will not be the barking of American troops there until an my colleagues, and let me do it in this dog. I will be his constructive critic. agreement between the parties in the manner. And let me talk to my Republican region has first, in fact, been reached. First, I am going to compliment the colleagues. I believe we are going to In fact, Secretary of State Madeleine Speaker, because I think debate on this have a Republican president and we are Albright has said the same exact thing. issue is timely and is appropriate. I going to inherit this in 2001. So we need Delicate negotiations continue to take think some of the arguments I have to ask these questions: How do we get place in Europe, even as we debate this heard today are out of place. And the America out of the box? How do we today. There is a plan to have the sides reason I say out of place is because I turn this over to the European allies? meet in 1 week to try to work out an recall the good debate we had in this How do we ensure that our regional al- agreement. And over the last few days House where over 315 Members voted lies lead on the ground? We do that by hopes have been raised that such an for a Buyer-McHale resolution about ensuring that the time lines of success agreement may be possible, even as the Dayton Accords prior to the sign- for the simple implementation of the heavy weapons pour into the area and ing of the Dayton Accords, which said Dayton Accords are met appropriately. shelling wracks the countryside. I do not send in ground troops to Bosnia We make sure the leaders of the peace, would hope that this body would give as the predicate to peace. We had a who are leaders of the war, begin to those negotiators every opportunity to very good debate here on the floor focus on what brings them together in- develop a working peace plan. I am prior to the Dayton Accords. stead of their differences. concerned our actions may, instead, So we are having a second debate We also have to recognize Milosevic give the impression to warmongers in prior to a signing of a peace accord, and what he is. There are some of us former Yugoslavia that American lead- and if there is something good that who have been there and have spoken ership is divided and its resolve is comes out of this discussion that can to Milosevic. I have sat on the couch weak. Such an impression, I am afraid, help frame that peace accord, all the and looked him in the eye, and I could will only encourage fanatical oppor- better. So I think it is a hollow argu- not help but sense that I was talking to tunists to continue their violence and ment to be talking about timing. a Hitler-type himself. Now, that leads terrorize the innocent noncombatant The second point I would like to me to something that we had better residents of Kosovo. make is a matter of policy. I think think long and hard about, and that is I hope our debate today is truly there is a policy disagreement in this when the President of the United based, as has been stated numerous House on both sides of the aisle, from States sends the Supreme Allied Com- times today, on the desire to have an some, with the present administra- mander in to see Milosevic, we better open discussion of American foreign tion’s policies. think long and hard before we undercut policy. It has been said in the past that There are two things that are rather a United States general on the ground. politics should stop at water’s edge, curious to me. It is rather curious to Now, that is where I come down pain- and I would hope that in the context of hear Members come to the well in sup- fully on this. Painfully, because I dis- this debate that that statement is port of using U.S. ground troops for a agree with the administration’s foreign more true today than even in the past. humanitarian mission when they were policy. I disagree how they utilize the During my first term in office, Mr. the same Members who voted against force to these open-ended commit- Chairman, in fact, last spring I had the the use of force when I was in the Gulf ments around the world, as if we can honor to go over to Bosnia and to visit War. Now, I will keep record of that, only justify the use of the military for our troops and the military leaders, and I am remembering that I asked humanitarian missions. That is why I and even the residents of a war torn re- others to be just as curious about their am torn inside, because I disagree with gion. I wish every American in this motives as I am. the policies. But I am not going to un- country had the opportunity to go over The second point I would like to dercut General Wesley Clark when he there and experience the pride that I make is on the matter of foreign pol- meets with Milosevic on the ground. felt in meeting with the young men icy. Here is the disagreement. I believe So I have to rise in support of the and women in American uniforms who the United States, as the world’s super- base bill and in opposition to the are carrying out a very dangerous and power, should have a policy of restraint Gejdenson amendment and in opposi- a very difficult policy in a distant land. in international conflict management. tion to the Fowler amendment. They are proud of their work and show Regional powers should take greater Mr. KIND. Mr. Chairman, I move to great professionalism and integrity. stability to police and manage the re- strike the requisite number of words. They are committed to carrying out gional stability, economic cohesion Mr. Chairman, I rise tonight in sup- the tasks that we have asked them to and military balance of power. U.S. port of the base resolution as well as with honor and pride.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 4330 CONGRESSIONAL RECORD—HOUSE March 11, 1999 In fact, the killing has stopped, and Mr. KIND. Mr. Chairman, let us be the line for us, will be put in great peace does have a chance now. Demo- certain we are speaking with sincerity jeopardy because we did not have the cratic institutions are being created today, because there is no doubt that courage to say that, in the post-Cold when, just a few short years ago, there what we say here will be heard across War world, maintaining stability in were genocidal practices being con- the oceans and will be acted upon, one Europe is the job of the Europeans. ducted in Bosnia. They feel like their way or the other. And while we tip our hat to NATO mission means something. They have Our leadership for freedom and de- and say they did a good job during the stopped the killing. They are instruct- mocracy in the world is at stake, our Cold War, and thank God NATO was ing young children who, just a few leadership in the NATO alliance is very there because it prevented the Rus- years ago, were playing in mine fields much at stake. In fact, I would submit, sians from sweeping across Western and getting maimed by the explosion of that the very credibility and the jus- Europe and creating a war, that the job mines, where it is safe for them to tification for the existence of NATO is of NATO has been done, thank God, our play. at stake on how well we negotiate hats off to NATO, but through some It is an incredible testament to the peace agreements in this very impor- nostalgic attachment to NATO that we leadership the United States has shown tant historical region in the Balkans. are going to commit our treasury and in this war torn region. I would hope I hope and pray our message here the lives of our young people to main- that we view the success that we have today encourages action that is posi- taining stability for Europe, and in the attained so far in Bosnia as a possi- tive and peaceful and brings a tor- far stretches of Eastern Europe at that, bility to achieve that type of success in mented region to the brink of freedom, is ridiculous and we are not standing the entire Balkan region, including rather than to the brink of war once by the people we need to stand by. again. Kosovo. b 2015 I support our troops serving this Na- Mr. ROHRABACHER. Mr. Chairman, tion’s interests throughout the world, I move to strike the requisite number First and foremost we need to make and I support the peace process in of words. sure that if we send our military out, Kosovo. If needed, I will support a well- The gentleman from Wisconsin just we give them the weapons they need, planned use of troops to assist in main- noted that he had visited our troops in we give them the support they need or taining the peace in that region that Bosnia, and it has been noted here in we do not send them. We are doing that has been the spark of continental and Bosnia there have not been any casual- throughout the world today because we worldwide conflict in the not-so-dis- ties. Let me say I have visited troops are stretching ourselves too thin. tant past. It is in the Nation’s interest in the last few months as well and This has been an historic debate and to work with our European allies to American troops are stretched thin I am proud tonight to rise in support of prevent the Kosovo region from desta- throughout the world, whether it is in the Fowler amendment and opposed to bilizing and drawing the Balkan region the Persian Gulf or whether it is in any new deployment of troops in the into further armed conflict. Asia. Balkans. This is an historic debate. We But I submit that the debate we are We have a situation where thousands can be proud of this debate. There have having today is premature. I would like of American military personnel lives been high points, but there have been to first see a detailed plan and objec- are on the line. They are being put in some low points. Let me first say what tive goals that the administration es- jeopardy because we do not know how the low point is. The low point to me is tablishes in that region before we in- to say no. We do not know how to lay that there have been some suggestions troduce U.S. men and women in U.S. or to set the parameters. Has our in- here by Members, and I do not know uniforms in that region, so we know volvement in the Balkans so far been what it is by this body but some people when we can withdraw them again worth the $12 billion that we have cannot disagree without trying to im- from that region. spent and the stretching out of our pugn the motives of those who disagree Such a conflict that now exists there military forces? with them. Any suggestion that those poses a humanitarian threat to inno- Yes, we have been lucky that there of us who are opposing yet another de- cent civilians and a political threat to has not been a major crisis. But had ployment of American troops in the the struggling independent nations there been a major crisis during this Balkans, that we are in some way po- emerging from the Cold War. The time period, yes, we can be proud of litically motivated, that we are just United States will be impacted by all those military guys that were there, doing this to attack the President or these threats and preventive action is and they have done a good job, but the something, that argument is not fit for the best way to protect our interests fact is that $12 billion that we have this debate, this great historic debate there. spent, and stretching our forces in that where we are trying to define what The reality is that our Nation holds a way, could have resulted in a catas- America’s role will be in the post Cold unique position in worldwide affairs, trophe. We are talking about the loss War world. There are conservatives and whether we like it or not. Most major of thousands of American lives. But we liberals, there are Democrats and Re- peace accords in recent years have re- have been lucky. We have been very publicans on both sides of this issue. quired a deeply involved American lucky. I do not think we can try this We will see that when the vote comes, presence and American negotiators at again. because we are trying to define what the table. Just a few weeks ago forces We were told that the Bosnia oper- our country will stand for and what we in Kosovo indicated that international ation was going to be 1 year and $2 bil- will do in the years ahead. peacekeeping efforts will have little lion, and it has been 5 years and $12 bil- During the Cold War it was easy. We credibility unless the United States is lion and counting. And this peace ac- had Ronald Reagan defining everything intimately involved in carrying out cord, the one we are being asked to for us, it polarized everybody, every- that mission. support now, the plans are not even body knew what the arguments were, When the international community down yet. Do any of us doubt this is where we were going to stand. Well, it speaks out against brutality and tyr- going to cost more than $2 billion? Do is not that way anymore. It is fitting anny, the voice of the United States of any of us doubt that 3-year time pe- that now when we are outside of a Cold America resounds with particular riod? They do not even have a plan yet War setting that the power comes back strength and emphasis. that encompasses something that the to us, the elected representatives of the The CHAIRMAN. The time of the Kosovars themselves, not to mention people of the United States to deter- gentleman from Wisconsin (Mr. KIND) Milosevic, could accept? mine what our policies will be. I say has expired. No, this will go on and on, and we yes, there is genocide all over the (By unanimous consent, Mr. KIND will spend tens of billions of dollars in world, and we have heard these ac- was allowed to proceed for 1 additional the Balkans. Our people around the counts. I am the first one to admit that minute.) world, who are putting their lives on the Serbians are engaged in genocide

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4331 and atrocities. And yes, there have much, it would weaken the United Milosevic is the problem in that part of been genocide and atrocities on both States of America and its reputation the world. Until that problem is fixed, sides. However, they are the bad guys. around the world which is represented you can have all the agreements you The CHAIRMAN. The time of the by the words and actions of our Presi- want, you can send all the troops you gentleman from California (Mr. ROHR- dent, the Secretary of State, a re- want, but you will not be doing any- ABACHER) has expired. spected leader of the other party, Bob thing other than treating a symptom, (By unanimous consent, Mr. ROHR- Dole; listen to the words of Jeane Kirk- not the disease. ABACHER was allowed to proceed for 2 patrick when she suggests that this It was back in 1987 that Milosevic re- additional minutes.) resolution should be supported. alized that iron control, if you want to Mr. ROHRABACHER. Let us debate Clearly no one who wanted to weaken call it that, over Kosovo was his this issue honestly, Mr. Chairman. Bill Clinton should use this as the op- springboard to power. He exercised What are the parameters? Are we going portunity. For those who would look at that control, and by 1991, the former to send troops everywhere where geno- what is taking place in the Balkans, Yugoslavia splitting up, in part be- cide is committed? No, that is obvi- genocide, yes. Women, tens of thou- cause they saw what was happening in ously not the case. Why then do we de- sands, hundreds of thousands, raped. Kosovo. Therefore, an agreement that termine the Balkans is the case, when Our efforts in Bosnia are something keeps Kosovo as a part of Serbia and in Africa and other places around the that this Nation should be, and I be- disarms the Kosovars to me is a recipe world surely tens of thousands of peo- lieve is, very proud of. The Kosovo cir- not for peace but for future conflict. It ple are dying in a similar fashion? No, cumstance threatens the entire oper- is an agreement that keeps the cause, in the Balkans, actually this should be ation in Bosnia. the real problem here, as the real prob- the job of the Europeans. We are told, So this evening as we come, I would lem; that is, it is an agreement that ‘‘They won’t do it.’’ It is their job now hope that each of us would bear our keeps Milosevic in power. that the Cold War is over. The United burden as well as those who wear the Two, I would say we need to be delib- States of America shouldered its share uniform and represent us throughout erative about this, because lasting of the burden for stability in the whole this world as members of our armed peace requires either good faith or a world in this century. In the First forces. Let us as Members of Congress victor. This agreement would give us World War we went to Europe to save bear the burden of being Americans, neither one. I mean, the Kosovar Lib- them. In the Second World War we understanding that we do have an un- eration Army wants full independence fought the Japanese and the Nazis, and equal share of responsibility in this for Kosovo. Milosevic has built his in the last four decades we have had to world because we come to this question power, has built a large part of his rise carry the burden of the Cold War. Yet with unequal power. And with that to power on subjugation of Kosovo. we carried that and we carried it to power there is the question: Since we What we have, therefore, is no victor victory and the world has a better have the power, what do we do with it and certainly no good will. chance for peace today. But it will not at a moment of crisis? What do we do If we look back to the 1300s, we see be a peace where Americans have to when human beings are threatened or not exactly a lot of good will in this continue garrisoning the entire planet murdered and are suffering? What do part of the world. We leave both ingre- for the sake of stability. We must set we do when we would have tens of dients in place which to me again the parameters or we will lose the thousands of our troops right nearby would be a recipe for building an agree- peace because we have not been willing but refuse to lift a hand and to lift a ment, basically building an agreement to meet the challenges that we can finger to save the innocent lives of on sand, building an agreement that I face. women and children and others? I think would lead to future disaster. I ask for support for the Fowler would hope that this Congress would Third, I would say this agreement, amendment. rise to the occasion, bear our burden the idea of sending 4,000 troops into Mr. FATTAH. Mr. Chairman, I move and support the appropriate policy and that part of the world is something to strike the requisite number of stand by this President but, more im- that does not pass the mommy test. words. portant, stand by America’s principles. The mommy test to me would be if Mr. Chairman, I rise in support of the Mr. SANFORD. Mr. Chairman, I somebody was killed in the line of duty Gilman resolution and also the Gejden- move to strike the requisite number of and the mother of that son or that son amendment. Let me agree with my words. daughter was in my district and I had colleague, the previous speaker, when Mr. Chairman, I rise in support of the to go back and explain that your son or he says that there has indeed been Fowler amendment because it does your daughter died for the right rea- genocide perpetrated by the Serbs in what Congress is asked to do and, that sons, to me that would mean more the Balkans. is, it asks us to be deliberative. We are than just a strategic interest to the Let me say that, obviously when one a deliberative body. It slows us down to United States, because we have a lot of would concur with such an assertion, look at what is really going on in that strategic interests around the globe. It one would have to therefore be pre- part of the world and what should would also mean that that son or that pared to support the notion that the America’s involvement be over there. daughter’s death would have been part only remaining superpower in the I think that this amendment makes of leading to change, that it would world, the nation that has the strong- sense and that the policy of engage- have led to some real action. Again, est, most well-prepared, well-trained, ment in Kosovo, by sending 4,000 Amer- that is not what we have here. Because well-equipped military force anywhere ican troops onto the ground there, is if we are signing an agreement that in the world, that we have a responsi- not one that makes sense. some people have equated to Hitler, bility. And that as we come to this de- First, because doing so is treating some people have equated to Saddam bate this evening, I would also like to the symptom and not the disease and, Hussein, I mean, clearly a very bad agree with the previous speaker that I therefore, as my colleague from Geor- guy, is that an agreement that we are am sure that no one’s motives this gia would realize and know, it is some- going to really trust? Is that a lasting evening could be political. One could thing that does not cure the patient. thing? Most people would say if we not be seeking to weaken the President What I mean by that is that if you had signed an agreement with Saddam Hus- of the United States, because the ac- cancer and were given aspirin, you sein, we would not really trust that tion if we were this evening to do in might feel a little bit better but you agreement. In fact that has been prov- some unwise fashion, and that is to would not be healed. If you were bleed- en in the Persian Gulf. If you sign an vote for the Fowler amendment, would ing because you were in a car wreck agreement with Hitler, would you trust not just weaken the President of the and got one of my kid’s band-aids to that agreement as a lasting instru- United States, it would weaken NATO patch you up, you might feel a little ment? No, you would not. That is what in which this country has invested so bit better but you would not be healed. this would be doing.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 4332 CONGRESSIONAL RECORD—HOUSE March 11, 1999 I would say, fourthly, this idea does know what the U.S. involvement will troops. It is the President who is the not make sense because the domino be, we do not know whether or not it is Commander in Chief after the Congress theory has long been disproven. Clark an agreement that we feel is right or has committed the troops. Clifford was sent by President Johnson wrong, and if the leadership of the The fact that prior Presidents have down to Vietnam for the very reason House, I think if they want to do the also violated the Constitution does not that is being described as one of the right thing, they would withdraw this mean that we should continue to per- reasons we need to go to Kosovo, and, bill now, allow the Executive Branch mit our Presidents to do that. It is a that was, if we do not do something, and the State Department to go ahead little bit like being hauled into traffic this could escalate, this could really with what their role is, and then at the court and protesting to the judge, grow. That was disproven there. In fact appropriate time call the House back ‘‘Gee, judge, I speed every day on that Kissinger came and spoke before our in to address the question of whether strip of road. How can you fine me committee yesterday and what he or not U.S. troops should be part of any today because I was speeding all those talked about was people did not ana- peace agreement in Kosovo. other times and I was never appre- lyze the cost of involvement and the Do not do it before. Do not try and hended?’’ Past violations do not justify duration of involvement when they cut the legs out from under the admin- a present violation. sent people to Vietnam. Are we ana- istration while they are trying to nego- The country to which the President lyzing that now? tiate some deal. Let them negotiate proposes to send our troops is a sov- Lastly, I would pick up on what the the deal, let them bring it back to the ereign state. This is not an emergency. gentleman from California (Mr. CAMP- Congress, let us decide whether or not There is no one in the Congress that I BELL) was saying, who incidentally was it is a good deal. know of who wants to limit the power a constitutional lawyer and taught That is how we should do things, and of the President to commit our troops constitutional law at Stanford Univer- I would just remind Members I did not in a true emergency. This is not an sity, and, that is, it is the Congress’ have the honor or the pleasure of serv- emergency. There is plenty of time to role to declare war. Sending troops ing in this body back in the 1980s, al- debate it, and I am very pleased that into somebody else’s sovereign terri- though I was staff back here during we are having this debate. tory or bombing a sovereign territory part of that time, but some of the What is going on in that country is a is clearly an act of war and, therefore, Members were. If this had been done civil war. No one will argue but that when Ronald Reagan was President, it does need our signature. atrocities are being committed. That Members would have been accused of With that, I would say again, I would being true, the correct course of action treason for undercutting the adminis- ask this body to support the Fowler is to bring the offenders to the bar of tration while they were trying to con- amendment. justice. There is a war crimes tribunal; duct the art of foreign policy. We Mr. BENTSEN. Mr. Chairman, I move that is where they should be brought. should allow the Executive Branch to to strike the requisite number of Sending our troops there will not solve do what they want. If we do not like words. that problem. what they have done, we can deal with Mr. Chairman, I come at this from a I know of no exit strategy. The prob- it later. We can deal with it on a Fri- little bit different approach. I certainly lems in Kosovo are very deep, they day, Saturday, Sunday, whenever, and do not seek to impugn the integrity of have been there a very long time, and if we decide we do not want them to any of the Members who are involved if we stay there 2 years, or 3 years, or send troops, then let us do it once we in this. I am not on the specific com- 5 years, when we leave the situation know what the deal is. Let us not come mittee that this came from. First of will be exactly as it was when we came. up with some fig leaf resolution that is Hostilities will continue. We will not all, I think this amendment is wrong, going to make us all feel good and we but I also think the whole consider- have solved those problems. can all send out a press release about it Mr. Chairman, I am very pleased that ation of the underlying text at this later on. Let us let them go through point in time is wrong. we are here debating this this evening. with it and come up with their agree- We need to debate this. We need to do As the gentleman from South Caro- ment, and then let us come back and lina just mentioned in referencing the more than just debate this. We, as a debate the issue, debate the terms of Congress, need to assert our constitu- gentleman from California and the role the agreement on whether or not we of Congress in determining whether or tional prerogatives. We really need leg- think U.S. troops should be involved. islation that says that no President, not troops should be sent in anywhere, Mr. BARTLETT of Maryland. Mr. this President or any other President, I do agree with that. But the fact is we Chairman, I move to strike the req- have got the cart ahead of the horse uisite number of words. can commit our troops to battle, can here. In doing so, we are undercutting Mr. Chairman, I rise in support of the put our young men and women in the administration’s ability to be in- Fowler amendment, and I would like to harm’s way, without a vote of the Con- volved in the working group, in the make a few comments before we vote. gress. contact group. I just think that is a First of all, I want to emphasize what We must be careful in the wording of mistake. Now, whether or not the mo- a number of others have emphasized, the legislation that does this because tives are political or not is not for me and that is this is clearly a constitu- we do not want to limit his ability, do to judge, but I just think this is a ter- tional issue. not want to limit his ability to commit rible policy mistake. I have here a copy of the Constitu- our troops in a true emergency. There I also do not understand exactly the tion. I do not think that it is a very is clearly not time to convene the Con- gentlewoman’s amendment, because I difficult decision to come to. Article I, gress and declare war if interconti- think this is a concurrent resolution Section 8 states the prerogatives of nental ballistic missiles are headed our but it has a strict limitation. So I Congress in just 8 little words: The way, and our President must have the gather that this amendment and the Congress shall have power to declare ability to commit our military re- underlying text really has no force of war. sources in a true emergency. Neither law, that this is just a piece of paper to Very short, very simple. this, nor any of the very large number make us feel good. Article II, Section 2, uses 34 words to of deployments that this administra- define the prerogatives of the Presi- tion is engaged in have been an emer- b 2030 dent: The President shall be Com- gency, not a single one of them has I am very concerned about whether mander in Chief of the Army and Navy been an emergency, and there have or not we should deploy troops to of the United States and of the militia been more deployments during this ad- Kosovo. I do not know if that is the of the several States when called into ministration than during the previous best policy or not. But I also know, and the actual service of the United States. 40 years. every Member of this body knows, is It is the Congress that declares war. This is the first time since I have there is no agreement yet so we do not It is the Congress that commits the been here that we have had a debate

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4333 before the action occurred except be- about our NATO responsibility, and I Mr. HOYER. Mr. Chairman, I move to fore going into Bosnia we did have agree with them that we need to keep strike the requisite number of words. some sense of the Congress resolutions NATO strong. But let me tell my col- Mr. Chairman, I have great respect that were totally ignored by the Presi- leagues what the Bundestag members and very close personal friendship with dent. I hope this one passes with this told me, Mr. Chairman. They said in the previous speaker. I have great re- amendment, and I hope that it is not their vote they understood the dollar spect for his intellect and for his ignored by the President. amount that was being requested for knowledge with respect to the defense Mr. WELDON of Pennsylvania. Mr. the deployment. In fact, they author- posture of the United States. He is one Chairman, I move to strike the req- ized 400 million Deutsche marks to pay of our leaders on the Committee on uisite number of words. for the operation. We have no idea not Armed Services, and he has a view Mr. Chairman, I rise in a very dif- only what the mission is, we have no which is based upon a very thoughtful ficult situation for us and unfortu- idea what the dollar cost is. analysis of the situation. nately have come to a very difficult de- Mr. Chairman, I am very sad. In the Having said that, he and I disagree cision. I have supported this President previous 40 years to 1991, from World on this issue. on a number of occasions that have War II until 1991, 40 years under Demo- Now the specific issue, as I under- been very difficult for me, but because crat and Republican Presidents, we de- stand it, that confronts us is the I believe we must support the Com- ployed our troops a total of 10 times at amendment of the gentlewoman from mander in Chief in very difficult de- home and abroad. Ten times. Mr. Florida (Mrs. FOWLER), who is also my ployments. When he stood up to Sad- Chairman, in the 8 years from 1991 friend and for whom I have a great deal dam Hussein and the Russians were until today, we have deployed our of respect, and that specific amend- staring us down and very upset with troops 32 times. This will be the 33rd. ment, as I understand it, limits the our position, I traveled to Moscow. I Mr. Chairman, none of these 32 deploy- Gejdenson amendment which tries to met privately with the leadership of ments were budgeted for up front. None define the limits of participation of the the Duma to convince them that they of them, except for the deployment to United States in an action by NATO in should understand why this Republican the Middle East in Desert Storm, were Kosovo to ensure that the killing and supports our Democrat President in his requested by the Congress to support. the displacement of persons will stop position with Saddam Hussein. It was Each of the payments that were re- and that an environment will be cre- ated conducive to the possibility of the right thing, and I felt strongly quired to pay for these deployments peace for the people of Kosovo, the peo- about that position. were taken out of an already decreas- Tomorrow I will travel to Moscow a ing defense budget. ple of Serbia and indeed the people of second time with eight of our col- Mr. Chairman, we spent $19 billion in the region. leagues, with former Defense Minister contingency costs on these 32 deploy- b 2045 Rumsfeld, former CIA Director Wool- ments, $9 billion alone on Bosnia. Mr. Chairman, those who support the The gentleman from Pennsylvania sey, former Deputy Undersecretary of use of our troops in Kosovo had better (Mr. WELDON), however, spoke to the State Bill Snyder, and we will make be prepared to start to put the funding overall issue, not to the amendment, the case on Sunday and Monday and on the table to pay for these deploy- the overall issue as to whether or not Tuesday of why the proliferation is so ments. we ought to support the President. great that it threatens both Russian Mr. Chairman, we are in an impos- I am hopeful that this Congress does, people and American people. I will sible situation now. We are not being in fact, support the President. The pre- again underscore my support for the asked, we are being told for the 33rd vious speaker, the gentleman from steps being taken by this administra- time that we are going to send our Maryland (Mr. BARTLETT), spoke of the tion. troops into harm’s way. We were told Constitution. That issue, I would sug- The positions of the administration in Bosnia there would be a time limit, gest, is not relevant at this point in are clear in those areas, and I support they would be back home in a few time, because in fact the Congress is them, but I cannot support the inser- years. We were told in Haiti they would considering whether or not to author- tion of troops now in Kosovo. be back home. We have troops in Soma- ize the President to participate with Mr. Chairman, in my opinion the lia, in Haiti. We have troops in Mac- troops, with American force, in the im- case has not yet been made. There has edonia. We have troops all over the plementation of a peace agreement. not been a case made by this President continent, and the money is being Very frankly, Mr. Chairman, I doubt to the American people, let alone to taken out of our defense budget be- that there is a Member on this floor this Congress, about why at this point cause we did not have the authoriza- who does not know and does not have a in time we should place American tion up front, we did not have a legiti- conviction that if America does not young people on the ground in Kosovo. mate debate on whether or not this participate, there will not be an agree- At least we are having a debate, Mr. Congress supported placing our troops ment, period. If there is not an agree- Chairman. At least we are discussing into harm’s way, and we are about to ment, the butcher of Belgrade, call it a the pros and cons in a very careful and do it again. civil war if you want, will continue to deliberate way, and I applaud both Mr. Chairman, I may support the de- commit atrocities. We call them war sides for the level of the debate. We ployment of our troops to Kosovo, I crimes, genocides, the elimination of a need to debate this issue. may support the President because I people because of their ethnic or na- Some are saying, Mr. Chairman, this want to support my Commander in tional origin. It occurred in Bosnia and is not the right time. It is too delicate Chief. He is my President. Even though we stood for too long silent. of a time in the negotiations. Mr. he is not of my party, he is my leader, My friend, the gentleman from Penn- Chairman, there is never a right time and I want to support him, make no sylvania (Mr. WELDON) had a chart. He to debate these issues. When is the mistake about it. talked about 40 years prior to the end right time? After the President makes But this President needs to make the of the Cold War that we had 8 deploy- a decision? When our troops are on the case to us and to the American people, ments. Do my colleagues remember way in? Then we debate not to support and he has not done that. This Presi- what two of those deployments were in them? This Congress needs to play its dent needs to tell us how much it will those 40 years? Korea, Vietnam; be- appropriate role in deciding whether or cost, and he has not done that. This tween them, approximately 100,000 plus not we should take the steps to deploy President needs to tell us what the al- loss of life. our troops in Kosovo. lied commitment will be in hard terms, In the deployments that have oc- Mr. Chairman, one of the things that and he has not done that either. Until curred since 1990, we have been very bothers me is this past week I met with he does that, we should vote no and not fortunate. No one would have predicted two members of the German Bundes- support the deployment of troops in so few losses of lives in the Persian tag. They came in and talked to me Kosovo. Gulf.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00075 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 4334 CONGRESSIONAL RECORD—HOUSE March 11, 1999 I have stood on this floor with some amendment which tries, as I said at the Members of the United States House of of my colleagues, and in many of the beginning, to limit and make propor- Representatives, and no matter what deployments the predictions of disaster tional our participation. our position, it has been obvious that were frequent and impassioned. That I would ask my colleagues to reject every Member has given a lot of was the case in Haiti. That was the the Fowler amendment, to pass the thought, a lot of concern, to their posi- case in Bosnia, and that has been the Gejdenson amendment and then to pass tion and to what we are about to vote case in other instances of deployment. this resolution so that America con- on. Yes, the United States has a unique tinues to lead and continues to be the I want to just thank my colleagues role and the world, frankly, is better moral leader as well as the military for the time and effort they have spent off because we on this floor and the leader of this world. this evening, and I do urge them to President of the United States and the Mr. KINGSTON. Mr. Chairman, I vote yes on my amendment. American people are prepared to accept move to strike the requisite number of The CHAIRMAN. The question is on a responsibility that we would prefer words. the amendment offered by the gentle- not to have, but it is ours because of Mr. Chairman, we have had a good woman from Florida (Mrs. FOWLER), to our might; it is ours because of our po- debate. There has been honest disagree- the amendment offered by the gen- sition in the world as the leader; it is ment. There has been a high degree of tleman from Connecticut (Mr. GEJDEN- ours because we are a moral nation sincerity and integrity in the debate, SON). that acts upon its moral precepts. but I rise in strong support of the The question was taken; and the Are we always perfect? Of course not, Fowler-Danner bipartisan substitute Chairman announced that the ayes ap- but all of us on this floor and every amendment. I think to not do so is a peared to have it. American can be proud of the fact that recipe for resentment and not rec- RECORDED VOTE it is America usually, not always but onciliation, and at this time we need Mr. HASTINGS of Florida. Mr. Chair- usually, that raises the issue of human- reconciliation. man, I demand a recorded vote. itarian concerns, not solely economic Three things I would like my col- A recorded vote was ordered. or strategic concerns. leagues to keep in mind as we vote. The CHAIRMAN. Pursuant to clause The CHAIRMAN. The time of the Number one, to deploy troops without 6 of rule XVIII the Chair announces gentleman from Maryland (Mr. HOYER) a clear exit strategy is potentially dis- that he may reduce to 5 minutes the has expired. astrous. My good friend, the gentleman minimum time for electronic voting (On request of Mr. ROHRABACHER, and from Maryland (Mr. HOYER), had talked without intervening business on the by unanimous consent, Mr. HOYER was about Vietnam. If we go back in his- underlying amendment offered by the allowed to proceed for 1 additional tory and see the very early days of gentleman from Connecticut (Mr. minute.) Vietnam, there was clearly no exit GEJDENSON). Mr. HOYER. Mr. Chairman, every strategy; exactly what we have in front The vote was taken by electronic de- one of us understands the weighty re- of us today. vice, and there were—ayes 178, noes 237, sponsibility to enable this government Number two, the administration has answered ‘‘present’’ 2, not voting 16, as to put in harm’s way young Americans been vague, at best, about the cost of follows: and, yes, even older Americans, in the this operation. As an appropriator we [Roll No. 48] defense of freedom. spent two or three hours today debat- John Kennedy said that this country ing a billion dollar disaster bill for AYES—178 would pay any price, bear any burden, Honduras. In that, we struggled to find Aderholt Emerson Lewis (KY) Andrews English LoBiondo to defend freedom here and around the money. The budget is tight. We do not Archer Everett Lucas (OK) world. I heard Jack Kemp on a number have the budget just to spend money Armey Ewing Manzullo of occasions quote that very phrase on anyplace we want to. We have already Bachus Foley McCollum the floor of this House. It is not an spent in this administration $10 billion Baker Fossella McCrery Ballenger Fowler McHugh easy undertaking, but it is an under- in the Balkans, and there seems to be Barr Franks (NJ) McInnis taking that saves lives and stabilizes no end in sight of our current commit- Barrett (NE) Gallegly McIntosh this world, economically and politi- ment. Bartlett Ganske McKeon Barton Gibbons Metcalf cally. Number three, as we all know, the Bass Gillmor Mica The amendment of the gentlewoman military readiness question is a big Bereuter Goode Miller (FL) from Florida (Mrs. FOWLER) is spoken one. Our military simply does not have Bilirakis Goodlatte Miller, Gary to by Jeane Kirkpatrick, Bob Dole, the personnel to go every place that Blunt Goodling Moran (KS) Bonilla Gordon Myrick Caspar Weinberger and others. there is a problem. Brady (TX) Graham Nethercutt The CHAIRMAN. The time of the We talk about quality of life for our Bryant Granger Ney gentleman from Maryland (Mr. HOYER) service men and women. When they are Burr Greenwood Norwood has again expired. Burton Gutknecht Nussle deployed every single weekend of their Camp Hall (TX) Packard (By unanimous consent, Mr. HOYER lives, they are going to get out of the Campbell Hansen Paul was allowed to proceed for 1 additional armed services, and that is why we are Canady Hastings (WA) Pease minute.) losing so many good, professional sol- Cannon Hayes Peterson (MN) Chabot Hayworth Peterson (PA) Mr. HOYER. Mr. Chairman, when diers right now. Chambliss Hefley Petri they point out that if we do not put I strongly urge my colleagues to sup- Chenoweth Herger Pickering ground troops this effort at trying to port the Fowler-Danner amendment. Coble Hill (MT) Pitts stabilize a critically important situa- Mrs. FOWLER. Mr. Chairman, will Coburn Hilleary Pombo Collins Hoekstra Pryce (OH) tion will not succeed and the Euro- the gentleman yield? Combest Horn Radanovich peans will not participate, we can all Mr. KINGSTON. I yield to the gentle- Condit Hostettler Ramstad say they should but we saw in Bosnia woman from Florida. Cook Hulshof Reynolds Cox Hutchinson Riley that they would not. Mrs. FOWLER. Mr. Chairman, this is Crane Isakson Roemer My colleagues, I ask that the amend- the conclusion of the speakers on our Cubin Istook Rogan ment of the gentlewoman from Florida side for the amendment, and I just Cunningham Jenkins Rogers (Mrs. FOWLER) be rejected, which I want to thank the Members of this Danner Johnson, Sam Rohrabacher Deal Jones (NC) Ros-Lehtinen know is well intended and she believes body. I think this has been a very seri- DeLay Kasich Roukema strongly that it is the right policy, but ous, a very thoughtful debate this DeMint Kingston Royce it is a policy that will inevitably lead afternoon and evening on a very seri- Dickey Kuykendall Ryan (WI) Doolittle LaHood Ryun (KS) to failure of the effort to bring peace to ous matter. Duncan Largent Salmon the Balkans. It is an amendment which This is why we were elected. This is Ehlers Latham Sanford I think detracts from the Gejdenson why our constituents sent us to be Ehrlich Leach Saxton

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4335 Scarborough Sweeney Walsh Wexler Wise Woolsey personnel from Kosovo could reasonably be Schaffer Talent Wamp Weygand Wolf Wynn expected; Sensenbrenner Tancredo Watkins ANSWERED ‘‘PRESENT’’—2 (C) in classified and unclassified form pro- Sessions Tauzin Watts (OK) vides an unambiguous explanation of the Shadegg Taylor (NC) Weldon (FL) Abercrombie Callahan rules of engagement under which all United Shimkus Terry Weldon (PA) NOT VOTING—16 States Armed Forces personnel participating Skeen Thomas Weller in the Kosovo NATO peace keeping operation Smith (MI) Thornberry Whitfield Becerra John Thompson (MS) Bilbray Lipinski Towns shall operate; Smith (TX) Thune Wicker (D) in classified and unclassified form pro- Souder Tiahrt Wilson Brown (CA) Quinn Vela´ zquez vides the budgetary impact for fiscal year Spence Toomey Young (AK) Capps Reyes Wu Stearns Traficant Young (FL) Clay Shuster 1999 and each fiscal year thereafter for the Frost Strickland Stump Upton next five fiscal years on the Department of Sununu Walden b 2115 Defense, and each of the military services in particular; on the Intelligence Community; NOES—237 Mr. GREEN of Texas and Mr. and on the Department of State as a result FLETCHER changed their vote from of any such deployment. Ackerman Gilman Mink (4) Submit in classified form, to the Speak- Allen Gonzalez Moakley ‘‘aye’’ to ‘‘no.’’ er, the Minority Leader, the Permanent Se- Baird Goss Mollohan Messrs. GORDON, STUMP, lect Committee on Intelligence, and the Baldacci Green (TX) Moore SWEENEY and FOSSELLA changed Committee on Armed Services of the House Baldwin Green (WI) Moran (VA) their vote from ‘‘no’’ to ‘‘aye.’’ Barcia Gutierrez Morella of Representatives; and the Majority and Mi- Barrett (WI) Hall (OH) Murtha So the amendment was rejected. nority Leaders, the Select Committee on In- Bateman Hastings (FL) Nadler The result of the vote was announced telligence, and the Armed Services Com- Bentsen Hill (IN) Napolitano as above recorded. mittee of the Senate, a detailed report that Berkley Hilliard Neal AMENDMENT OFFERED BY MR. GILMAN TO addresses the threats attendant to any such Berman Hinchey Northup AMENDMENT NO. 5 OFFERED BY MR. GEJDEN- deployment and the nature and level of force Berry Hinojosa Oberstar SON protection required for such deployment. Biggert Hobson Obey (5) Submit to the Speaker, Minority Lead- Bishop Hoeffel Olver Mr. GILMAN. Mr. Chairman, I offer er, and the Permanent Select Committee on Blagojevich Holden Ortiz an amendment to the amendment. Intelligence of the House of Representatives; Bliley Holt Ose The Clerk read as follows: and the Majority and Minority Leaders and Blumenauer Hooley Owens Amendment offered by Mr. GILMAN to the Select Committee on Intelligence of the Boehlert Houghton Oxley Boehner Hoyer amendment No. 5 offered by Mr. GEJDENSON: Senate a detailed report that addresses— Pallone (A) any intelligence sharing arrangement Bonior Hunter Pascrell 1. Strike section 3 and insert the following: that has been established as a result of the Bono Hyde Pastor SEC. 3. AUTHORIZATION FOR DEPLOYMENT OF Borski Inslee Payne UNITED STATES ARMED FORCES TO Kosovo peace agreement; Boswell Jackson (IL) Pelosi KOSOVO. (B) the intelligence sharing arrangement Boucher Jackson-Lee Phelps (a) In general.—Subject to the limitations that currently exists within NATO and how Boyd (TX) Pickett in subsection (b) the President is authorized such arrangement would be modified, if at Brady (PA) Jefferson Pomeroy to deploy United States Armed Forces per- all, in the Kosovo context; and Johnson (CT) Brown (FL) Porter sonnel to Kosovo as part of a NATO peace- (C) whether Russian participation in a Brown (OH) Johnson, E. B. Portman Kosovo peacekeeping deployment alongside Jones (OH) keeping operation implementing a Kosovo Buyer Price (NC) NATO forces will affect, impede, or hinder Kanjorski peace agreement. Calvert Rahall any such intelligence sharing arrangement. Capuano Kaptur (b) Reports to Congress.—The President Rangel (6) Submit to the Congress a detailed re- Cardin Kelly should, before ordering the deployment of Regula port on the scope of the mission of the Carson Kennedy any United States Armed Forces personnel Rivers Castle Kildee United States Armed Forces personnel. Rodriguez to Kosovo do each of the following: Clayton Kilpatrick (7) Submit to the Congress a detailed re- Rothman (1) Personally and in writing submit to the Clement Kind (WI) port prepared by the Secretary of State Roybal-Allard Congress— Clyburn King (NY) that— Rush (A) a detailed statement explaining the na- Conyers Kleczka (A) outlines and explains the diplomatic Sabo tional interest of the United States at risk Cooksey Klink exit strategy that would control the with- Sanchez in the Kosovo conflict; and Costello Knollenberg Sanders drawal of United States Armed Forces per- Coyne Kolbe (B) a certification to the Congress that all Sandlin sonnel from Kosovo; Cramer Kucinich United States Armed Forces personnel so de- Sawyer (B) outlines and explains the means and Crowley LaFalce ployed pursuant to subsection (a) will be Schakowsky methodologies by which verification of com- Cummings Lampson under the operational control only of United Scott pliance with the terms of any Kosovo peace Davis (FL) Lantos States Armed Forces military officers. Serrano agreement will be determined; Davis (IL) Larson Shaw (2) Submit to the Congress a detailed re- (C) in classified and unclassified form, ex- Davis (VA) LaTourette Shays port that— DeFazio Lazio plains the terms and conditions included in Sherman (A) in classified and unclassified form ad- any peace agreement reached with respect to DeGette Lee dresses the amount and nature of the mili- Delahunt Sherwood the Kosovo conflict. Such report should in- Levin tary resources of the United States, in both DeLauro Lewis (CA) Shows clude— Deutsch Lewis (GA) Simpson personnel and equipment, that will be re- (1) a detailed discussion and explanation of Diaz-Balart Linder Sisisky quired for such deployment; any side agreement, whether or not all par- Dicks Lofgren Skelton (B) outlines and explains the military exit ties to the overall peace agreement are Dingell Lowey Slaughter strategy that would control the withdrawal Smith (NJ) aware of the side agreement; Dixon Lucas (KY) of United States Armed Forces personnel (2) a detailed discussion and explanation of Doggett Luther Smith (WA) from Kosovo; Snyder any obligations of the United States arising Dooley Maloney (CT) (C) certifies the chain of command for any from the peace agreement, including any Doyle Maloney (NY) Spratt Stabenow such deployed United States Armed Forces such obligations with respect to the intro- Dreier Markey personnel; and Dunn Martinez Stark duction of weapons into Kosovo and Serbia; (D) provides the percentage of United Edwards Mascara Stenholm (3) a detailed discussion and explanation of Engel Matsui Stupak States Armed Forces participating in any any military arrangements, in addition to Eshoo McCarthy (MO) Tanner NATO deployment in the Kosovo peace keep- the NATO deployment, to which the United Etheridge McCarthy (NY) Tauscher ing operation, including ground troops, air States has agreed to undertake as a result of Evans McDermott Taylor (MS) support, logistics support, and intelligence the Kosovo peace agreement; Farr McGovern Thompson (CA) support, compared to the other NATO na- (4) a detailed discussion and explanation of Fattah McIntyre Thurman tions participating in that operation. the funding source for any future plebiscite Filner McKinney Tierney (3) Submit to the Congress a detailed re- or referendum on independence for Kosovo; Turner Fletcher McNulty port that— Udall (CO) and Forbes Meehan (A) in classified and unclassified form ad- (5) a detailed discussion and explanation of Ford Meek (FL) Udall (NM) Frank (MA) Meeks (NY) Vento dresses the impact on military readiness of any requirement for forces participating in Frelinghuysen Menendez Visclosky such deployment; the NATO peace keeping operation imple- Gejdenson Millender- Waters (B) provides the timeframe in which with- menting the peace agreement to enforce any Gekas McDonald Watt (NC) drawal of all United States Armed Forces provision of such peace agreement. Gephardt Miller, George Waxman Gilchrest Minge Weiner

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 4336 CONGRESSIONAL RECORD—HOUSE March 11, 1999 Mr. GILMAN (during the reading). sharing arrangements, if any, resulting and vote against the amendment of- Mr. Chairman, I ask unanimous con- from a peace agreement; any modifica- fered by the gentleman from Con- sent that the amendment to the tion to the intelligence-sharing ar- necticut (Mr. GEJDENSON). amendment be considered as read and rangement within NATO, the present Mr. GILMAN. Mr. Chairman, I thank printed in the RECORD. arrangement we have now; the effect of the gentleman from California (Mr. The CHAIRMAN. Is there objection Russian participation in Kosovo on any CUNNINGHAM) for his support. to the request of the gentleman from intelligence-sharing arrangements Mr. GEJDENSON. Mr. Chairman, New York? within NATO; the scope of the mission with some reluctance, I would take the There was no objection. of the U.S. armed forces, in other advice of my chair and support the Mr. GILMAN. Mr. Chairman, I yield words, what is expected, when do we amendment of the gentleman from to the distinguished gentleman from declare success; the means and meth- Florida (Mr. GOSS). Florida (Mr. GOSS), chairman of the ods by which compliance with the The CHAIRMAN. The question is on Permanent Select Committee on Intel- terms of the peace agreement will be the amendment offered by the gen- ligence, who developed the language in verified, verification; the terms and tleman from New York (Mr. GILMAN) to this amendment and who has worked conditions in any peace agreement, in amendment No. 5 offered by the gen- closely with our committee on this particular; the details on any secret tleman from Connecticut (Mr. GEJDEN- issue. side agreements; any other military ar- SON). Mr. GOSS. I thank the gentleman for rangements of the U.S. as a result of The amendment to the amendment yielding, Mr. Chairman. the peace agreement or side agree- was agreed to. Mr. Chairman, I would like to advise ments or obligations; any other obliga- The CHAIRMAN. The question is on Members of what is contained in this tions of the United States resulting the amendment offered by the gen- proposed amendment, which actually from the peace agreement, such as tleman from Connecticut (Mr. GEJDEN- reflects on some of the concerns we weapons interdiction; the funding SON), as amended. have heard in the debate today, and source for the referendum on independ- The amendment, as amended, was deals with some of the other amend- ence 3 years hence in Kosovo, and the agreed to. ments that we have all read about that role of peacekeeping forces to enforce AMENDMENT NO. 52 OFFERED BY MR. SKELTON we were considering as other amend- any provision of the peace agreement. Mr. SKELTON. Mr. Chairman, I offer ments for this particular House concur- Mr. Chairman, we should support this an amendment. rent resolution. deployment to make Mr. Milosevic un- The CHAIRMAN. The Clerk will des- I would describe generally the resolu- derstand that the United States means ignate the amendment. tion that is under consideration as be- business. We should support the de- Mr. GEJDENSON. I reserve the right tween House Concurrent Resolution 32, ployment with our eyes wide open, if to object, Mr. Chairman. which is somewhat of a carte blanche, we are going to have a deployment, and The CHAIRMAN. The Chair would in- and the Fowler amendment, which was that is why we are offering these quire of the gentleman from Missouri a prohibition. amendments. which amendment he is offering. What we attempt to do here is au- I would argue that a successful vote Mr. SKELTON. It is the one that says thorize deployment, but because of to send the troops can in fact strength- Section 4. Section 4. some of the concerns we have heard en the hand of our negotiators. I would Mr. GEJDENSON. Mr. Chairman, I today, call on the President to submit note that even the minority leader ear- reserve the right to object. a number of reports and vital pieces of lier today conceded that we should not b 2130 information to the Congress before or- deploy troops without a policy. I could The CHAIRMAN. The Clerk will des- dering deployment. not agree more with the gentleman ignate the amendment. These would include reports on a dec- from Missouri. The text of the amendment is as fol- laration explaining the national inter- A commitment to deploy has already lows: est of the U.S. at risk in Kosovo, and a been made, pursuant to some ad hoc Amendment No. 52 offered by Mr. SKELTON: certification that all U.S. armed forces policy determination. Congress needs Page 2, strike line 9 and all that follows in Kosovo will be under the operational to be involved. Therefore, now is the and insert the following: control of U.S. military officers. appropriate time to take up this issue, SEC. 3. LIMITATION ON DEPLOYMENT OF UNITED We would request further details on before the troops are deployed without STATES ARMED FORCES TO KOSOVO. the rules of engagement before we have a firm policy. The President shall not deploy United deployment; the military resources That is the explanation, Mr. Chair- States Armed Forces personnel to Kosovo as that would be required, both the per- man. part of a NATO peacekeeping operation un- sonnel and the equipment; the military less— Mr. GILMAN. Mr. Chairman, I am (1) a Kosovo peace agreement has been exit strategy; the diplomatic exit pleased to yield to the gentleman from reached; and strategy; the chain of command for the California (Mr. CUNNINGHAM). (2) such deployment is specifically ap- U.S. forces in Kosovo; the percentage Mr. CUNNINGHAM. Mr. Chairman, I proved by the Congress. of United States participation com- thank the gentleman from New York REQUEST FOR MODIFICATION TO AMENDMENT NO. pared to other NATO countries in any for yielding to me. 52 OFFERED BY MR. SKELTON force, concerning particularly ground Mr. Chairman, I understand this Mr. SKELTON. Mr. Chairman, I ask troops, air support, logistic support, amendment is going to be accepted. I unanimous consent that, on line 1, and intelligence support; the impact on asked to speak on it so I would not where it says strike and insert section military readiness, and that goes to have to call a recorded vote on it, and 3 in the original, it be changed to add morale and rotation; that we would I will not do that. section 4. have information providing a time I support strongly the amendment of- The CHAIRMAN. The Clerk will re- frame in which U.S. forces could rea- fered by the gentleman from Florida port the modification. sonably expect to be withdrawn; that (Mr. PORTER GOSS). I am not going to The Clerk read as follows: we would have information on the say why I am against the amendment Modification to Amendment No. 52 offered budgetary impact for this fiscal year offered by the gentleman from Con- by Mr. SKELTON: and the next 5 fiscal years of deploy- necticut (Mr. GEJDENSON) because it The amendment as modified is as follows: ment; we would have an assessment of would sound partisan, but I want to the Add at the end the following: the threats to our armed forces in gentleman to know that it is not, it is SEC. 4 LIMITATION ON DEPLOYMENT OF UNITED STATES ARMED FORCES TO KOSOVO. Kosovo, the men and women in uni- a very deep-seated belief I have, and The President shall not deploy United form, and the level of force protection mistrust. I will support the amendment States Armed Forces personnel to Kosovo as required to give them the maximum offered by the gentleman from New part of a NATO peacekeeping operation un- amount of protection; the intelligence- York and the gentleman from Florida, less—

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4337 (1) a Kosovo peace agreement has been to a 5. It is in conflict with no other peace agreement has been signed, a bill in reached; and section. which Congress specifically authorizes the de- (2) such deployment is specifically ap- The CHAIRMAN. Does the gentleman ployment of troops. My friend from Missouri, proved by the Congress. from Missouri wish to be heard further Mr. SKELTON, is offering an amendment that The CHAIRMAN. Is there objection on the point of order? The Chair is pre- says just that, and I plan to support it. to the modification of the amendment pared to rule. My colleagues, I urge you to support Mr. offered by the gentleman from Mis- Mr. SKELTON. Mr. Chairman, I SKELTON’s amendment, as well as the resolu- souri? think that it speaks for itself. It is in tion as whole. Mr. MORAN of Virginia. Mr. Chair- addition thereto. It is in conflict with The CHAIRMAN. Are there further man, reserving the right to object, the no other section. amendments to the resolution? gentleman from Missouri (Mr. SKEL- The CHAIRMAN. The Chair is pre- There being no further amendments, TON) listed two amendments, one that pared to rule. Pursuant to section 469 under the rule, the Committee rises. would not allow U.S. forces to be de- of Jefferson’s Manual of the 105th Con- Accordingly, the Committee rose; ployed to Kosovo unless there is an gress and for the reasons stated by the and the Speaker pro tempore (Mr. GIB- agreement between the two sides, a gentleman from Virginia, the point of BONS) having assumed the chair, Mr. second that would say that U.S. forces order is sustained, and the amendment THORNBERRY, Chairman of the Com- could not be deployed unless there is No. 52 may not be offered at this time. mittee of the Whole House on the State agreement between two sides and Con- Mr. STENHOLM. Mr. Chairman, I rise today of the Union, reported that that Com- gress has approved the deployment. in support of the Kosovo resolution before us, mittee, having had under consideration I would ask of the distinguished gen- however suspect the timing may be. Further- the concurrent resolution (H.Con.Res. tleman from Missouri that he fully ex- more, I support the Skelton Amendment, 42) regarding the use of United States plain the implications of this amend- which would specify once a peace agreement Armed Forces as part of NATO peace- ment, because it would appear that it is reached, Congress must approve the de- keeping operation implementing a may be out of order and require a ployment of our troops. Kosovo peace agreement, pursuant to unanimous consent. If the gentleman The United States is in an unquestionable House Resolution 103, he reported the from Missouri would explain the position of world leadership. Along with that bill back to the House with an amend- amendment. position comes a sense of duty. If we want ment adopted by the Committee of the Mr. SKELTON. Mr. Chairman, if the free trade and open markets, not to mention Whole. gentleman will yield, the amendment exemplary worldwide standards of behavior in The SPEAKER. Under the rule, the is very clear. the realms of justice, scientific discovery, previous question is ordered. Mr. MORAN of Virginia. Mr. Chair- human rights, and other democratic values, The question is on the amendment. man, I yield to the gentleman from we must lead by example. The responsibility The amendment was agreed to. Missouri to explain the impact of the of neutralizing potential global flare-ups of The SPEAKER pro tempore. The amendment. hostility comes with this territory. question is on agreeing to the concur- Mr. SKELTON. Mr. Chairman, there Senator BOB DOLE recently returned from rent resolution. shall be no deployment of American discussions with the KLA in Kosovo. He stated The question was taken; and the personnel peacekeeping forces unless his support of continued work towards a peace Speaker pro tempore announced that there is an agreement reached between agreement, and expressed his hope for bipar- the noes appeared to have it. the parties in question in Kosovo, and, tisan Congressional support. I stand with Sen- RECORDED VOTE number two, that such deployment ator DOLE on this issue; I believe partisanship must be approved by Congress. Mr. GILMAN. Mr. Speaker, I demand should end at the water’s edge. Whatever we a recorded vote. Mr. MORAN of Virginia. Mr. Chair- think of the muddled foreign policy of this Ad- man, I yield to the gentleman from A recorded vote was ordered. ministration, we should never engage in activi- The vote was taken by electronic de- Connecticut (Mr. GEJDENSON). ties that produce American weakness in the vice, and there were—ayes 219, noes 191, Mr. GEJDENSON. Mr. Chairman, I international theater. just want to make sure that whatever answered ‘‘present’’ 9, not voting 15, as NATO is the perfect and appropriate vehicle follows: happens here, that the sectioning does for this operation. I have supported the mis- not wipe out the section of the gen- sion of NATO and will continue to do so. We [Roll No. 49] tleman from Texas. So my under- have NATO to thank for one of the longest AYES—219 standing is that this maybe should ac- sustained periods of peace in Europe. Ackerman Cooksey Gejdenson tually be section 5. Allen Coyne Gekas Many in this body have complained that the Baird Cramer Gephardt Mr. SKELTON. Mr. Chairman, then Europeans in NATO were not pulling their Baldacci Crowley Gilchrest that is fine. I thought it would be 4. weight in dealing with conflict in their own Baldwin Cummings Gilman Then it will be 5, and I so request. backyard. Many of these same voices are also Barcia Davis (FL) Gonzalez The CHAIRMAN. Does the gentleman Barrett (WI) Davis (IL) Goss opposing this peacekeeping operation. This Berkley Davis (VA) Green (TX) from Virginia object to the modifica- confuses me; if we wanted the Europeans to Berman DeFazio Gutierrez tion of the amendment? shoulder a greater responsibility in resolving Berry DeGette Hall (OH) Mr. MORAN of Virginia. Mr. Chair- European issues, shouldn’t we be pleased that Biggert Delahunt Hastert man, I do object to the modification of Bishop DeLauro Hastings (FL) European forces are going to make up 86 per- Bliley Deutsch Hill (IN) the amendment. cent of the peacekeeping force? Blumenauer Diaz-Balart Hilliard The CHAIRMAN. Objection is heard. If we allow ourselves to succumb to the Boehlert Dicks Hinchey The gentleman from Missouri is enti- Bonior Dingell Hinojosa voices of isolationism that have been rever- Bono Dixon Hobson tled to 5 minutes on his amendment as berating around this chamber, all that we do is Borski Doggett Hoeffel originally designated. create an international power void that allows Boswell Dooley Holden POINT OF ORDER Boucher Doyle Holt other nations the opportunity to start operating Boyd Dreier Hooley The CHAIRMAN. Does the gentleman as the Number One world power. Would we Brady (PA) Dunn Houghton from Virginia seek recognition? prefer to have China calling the shots in the Brown (FL) Edwards Hoyer Mr. MORAN of Virginia. Mr. Chair- world of international diplomacy, as opposed Buyer Engel Hunter Calvert Eshoo Hyde man, I seek recognition for a point of to the United States? I know I for one sure Capuano Etheridge Inslee order that, because the gentleman is don’t, and I bet my friends that are calling for Cardin Evans Jackson (IL) amending the portion of underlying an isolationist world view, if they really thought Carson Farr Jackson-Lee text that has already been amended, Castle Fattah (TX) about it, wouldn’t either. Clayton Filner Jefferson this amendment is out of order. This resolution before us is only a Sense of Clement Forbes Johnson (CT) Mr. SKELTON. Mr. Chairman, that is Congress that has no binding effect. I support Clyburn Ford Johnson, E. B. not correct. I am merely changing a 3 efforts to bring before the House, after a Conyers Frelinghuysen Jones (OH)

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00079 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 4338 CONGRESSIONAL RECORD—HOUSE March 11, 1999 Kanjorski Millender- Sandlin Simpson Taylor (MS) Walsh our last vote for the week. There will Kaptur McDonald Sawyer Smith (MI) Taylor (NC) Wamp be no votes tomorrow, on Friday, Kelly Miller, George Schakowsky Smith (TX) Terry Watkins Kennedy Minge Scott Souder Thomas Watts (OK) March 12. Kildee Moakley Serrano Spence Thornberry Weldon (FL) On Monday, March 15, the House will Kilpatrick Mollohan Shaw Stearns Thune Weldon (PA) meet at 2 p.m. for a pro forma session. Kind (WI) Moore Sherman Stump Tiahrt Weller Of course, there will be no legislative King (NY) Moran (VA) Sherwood Sununu Toomey Whitfield Sweeney Traficant business and no votes that day. Kleczka Morella Shows Wicker Talent Upton Knollenberg Murtha Sisisky Young (AK) On Tuesday, March 16, the House will Nadler Skeen Tancredo Visclosky Kucinich Young (FL) meet at 9:30 a.m. for the morning hour Tauzin Walden LaFalce Napolitano Skelton and at 11 a.m. for legislative business. Neal Smith (NJ) Lampson ANSWERED ‘‘PRESENT’’—9 Votes are expected after noon on Tues- Lantos Oberstar Smith (WA) Abercrombie Callahan Mink Larson Olver Snyder day, March 16. Ortiz Spratt Bentsen Coburn Obey LaTourette Ose Stabenow Brown (OH) Lofgren Slaughter b 2200 Lazio Owens Stark Lee NOT VOTING—15 On Tuesday, we will consider a num- Oxley Stenholm Levin Pallone Stupak Becerra Frost Shuster ber of bills under suspension of the Lewis (CA) Pascrell Tanner Bilbray John Strickland rules, a list of which will be distributed Lewis (GA) Pastor Tauscher Brown (CA) Lipinski Thompson (MS) Linder to Members’ offices. Payne Thompson (CA) Capps Quinn Towns Lowey Also on Tuesday, March 16, the House Pelosi Thurman Clay Reyes Wu Lucas (KY) Pickett Tierney will take up H.R. 819, the Federal Mari- Luther Pomeroy Turner b 2155 time Commission Authorization Act of Maloney (CT) Porter Udall (CO) Maloney (NY) Mr. YOUNG of Alaska changed his 1999. Portman Udall (NM) On Wednesday, March 17, the House Markey Price (NC) Vela´ zquez vote from ‘‘aye’’ to ‘‘no.’’ Martinez Radanovich Vento So the concurrent resolution was will meet at 10 a.m. to consider the fol- Mascara Rahall Waters agreed to. lowing legislative business: Matsui Rangel Watt (NC) The result of the vote was announced H.R. 975, a bill to provide for a reduc- McCarthy (MO) Regula Waxman tion in the volume of steel imports and McCarthy (NY) Rivers Weiner as above recorded. McDermott Rodriguez Wexler A motion to reconsider was laid on to establish a steel import notification McGovern Rothman Weygand the table. monitoring program; and H.R. 820, the McIntyre Roybal-Allard Wilson Stated against: Coast Guard Authorization Act of 1999. Meehan Rush Wise On Thursday, March 18, we expect a Meek (FL) Sabo Wolf Mr. SHUSTER. Mr. Speaker, on rollcall No. Meeks (NY) Sanchez Woolsey 49, I was unable to be on the House floor. national security briefing on the House Menendez Sanders Wynn Had I been present, I would have voted ‘‘no.’’ floor from 10 a.m. to 11 a.m. to discuss f the ballistic missile threat. Of course, NOES—191 all Members will want to attend. Aderholt Ewing McCollum GENERAL LEAVE The House will then take up H.R. 4, a Andrews Fletcher McCrery Mr. BRADY of Texas. Mr. Speaker, I bill to declare it to be the policy of the Archer Foley McHugh Armey Fossella McInnis ask unanimous consent that all Mem- United States to deploy a national mis- Bachus Fowler McIntosh bers may have 5 legislative days within sile defense. Baker Frank (MA) McKeon which to revise and extend their re- Mr. Speaker, we expect to conclude Ballenger Franks (NJ) McKinney legislative business next week on Barr Gallegly McNulty marks on House Concurrent Resolution Barrett (NE) Ganske Metcalf 42, the concurrent resolution just Thursday, March 18. Bartlett Gibbons Mica agreed to. Mr. BONIOR. Mr. Speaker, if the gen- Barton Gillmor Miller (FL) The SPEAKER pro tempore (Mr. GIB- tleman could address one concern that Bass Goode Miller, Gary we have. On Tuesday, I know that the Bateman Goodlatte Moran (KS) BONS). Is there objection to the request Bereuter Goodling Myrick of the gentleman from Texas? schedule is relatively light in terms of Bilirakis Gordon Nethercutt There was no objection. business. We have the two suspensions Blagojevich Graham Ney which I suspect are relatively non- Blunt Granger Northup f Boehner Green (WI) Norwood controversial. I am wondering if it Bonilla Greenwood Nussle REMOVAL OF NAME OF MEMBER would not be possible to help the folks Brady (TX) Gutknecht Packard AS COSPONSOR OF H.R. 744 on the West Coast if we could not roll Bryant Hall (TX) Paul Mr. GEJDENSON. Mr. Speaker, I ask and postpone votes until about 5 Burr Hansen Pease Burton Hastings (WA) Peterson (MN) unanimous consent to have my name o’clock on Tuesday. Camp Hayes Peterson (PA) taken off H.R. 744. It was mistakenly Mr. ARMEY. Let me thank the gen- Campbell Hayworth Petri placed on the bill. tleman for his inquiry. I think it is an Canady Hefley Phelps Cannon Herger Pickering The SPEAKER pro tempore. Is there important point, a point a lot of Mem- Chabot Hill (MT) Pitts objection to the request of the gen- bers have made, but in the interest of Chambliss Hilleary Pombo tleman from Connecticut? a good bit of the committee work that Chenoweth Hoekstra Pryce (OH) There was no objection. we hope to conclude in preparation for Coble Horn Ramstad Collins Hostettler Reynolds f the appropriations season soon before Combest Hulshof Riley us, we really feel that we need that Condit Hutchinson Roemer LEGISLATIVE PROGRAM time to have Members in town. There- Cook Isakson Rogan (Mr. BONIOR asked and was given Costello Istook Rogers fore, we constructed the schedule to Cox Jenkins Rohrabacher permission to address the House for 1 that end. Crane Johnson, Sam Ros-Lehtinen minute.) Mr. BONIOR. Could the gentleman Cubin Jones (NC) Roukema Mr. BONIOR. Mr. Speaker, I have inform us when he expects the supple- Cunningham Kasich Royce asked to speak for the purpose of in- Danner Kingston Ryan (WI) mental appropriation bill to come to Deal Klink Ryun (KS) quiring of the distinguished majority the floor? DeLay Kolbe Salmon leader the schedule for the remainder Mr. ARMEY. I appreciate that. I be- DeMint Kuykendall Sanford of the week and next week. lieve the Committee on Appropriations Dickey LaHood Saxton Doolittle Largent Scarborough Mr. ARMEY. Mr. Speaker, will the reported a supplemental bill out today. Duncan Latham Schaffer gentleman yield? We will probably find it filed on Tues- Ehlers Leach Sensenbrenner Mr. BONIOR. I yield to the gen- day of next week and would have it Ehrlich Lewis (KY) Sessions tleman from Texas. available then for the week following. Emerson LoBiondo Shadegg English Lucas (OK) Shays Mr. ARMEY. Mr. Speaker, I am Mr. BONIOR. I thank my colleague Everett Manzullo Shimkus pleased to announce that we have had and wish him a good weekend.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4339 Mr. ARMEY. I thank him and I hope youth. Also, the newspapers had the leaders in both houses, House and Senate you all have a good weekend. courage to speak out about how gam- campaign committees controlled by the lead- ers, and funds maintained by the Republican f bling brings crime, and corruption, and cannibalizes local businesses and and Democratic state committees. ADJOURNMENT TO MONDAY, Most of the gaming-related contributions breaks up families. to Harrisburg leaders in recent years, about MARCH 15, 1999 What took place in Pennsylvania $438,000, came from the horse-racing industry Mr. ARMEY. Mr. Speaker, I ask should give great hope to any commu- and its lobbyist, records show. unanimous consent that when the nity that if it wants to eradicate and And most of that came from four lobbying House adjourns today, it adjourn to remove gambling or keep it out, it can firms with horse-racing clients—Pugliese As- meet at 2 p.m. on Monday next. do it. I congratulate the Pennsylvania sociates, Greenlee Associates, S.R. Wojdak & Associates and the law firm of Buchanan In- The SPEAKER pro tempore (Mr. GIB- State Senate for its actions on Mon- day. gersoll—that contributed a total of $311,000 BONS). Is there objection to the request to the governor and top lawmakers, records of the gentleman from Texas? [From the Philadelphia Inquirer, Mar. 8, show. There was no objection. 1999] Riverboat-gaming advocates gave about GAMBLING CONTRIBUTIONS $85,000; casino companies donated a total of f GAMBLING INTERESTS HAVE DONATED $58,000; and video-poker interests gave about DISPENSING WITH CALENDAR GENEROUSLY TO RIDGE, LEGISLATIVE LEADERS $25,000, The Inquirer reported. WEDNESDAY BUSINESS ON HARRISBURG.—Gov. Tom Ridge and legisla- SWIFT VOTE DOOMS BID FOR BALLOT QUESTION WEDNESDAY NEXT tive leaders have accepted at least $606,000 in (By Glen Justice, Ken Dilanian and Rena Mr. ARMEY. Mr. Speaker, I ask contributions from gambling interests and their lobbyists in recent years, according to Singer) unanimous consent that the business a report published Monday. HARRISBURG—With virtually no debate, the in order under the Calendar Wednesday Ridge received about $240,000 from gam- Pennsylvania Senate yesterday killed the ef- rule be dispensed with on Wednesday bling interests, including lobbyists, since he fort to expand legalized gambling in the next. began raising money for his 1995 campaign. state and left little room for the issue to be The SPEAKER pro tempore. Is there Legislative leaders and their committees resurrected anytime soon. objection to the request of the gen- took in $366,100, according to the analysis by The Senate voted, 28–21, to declare as un- tleman from Texas? The Philadelphia Inquirer. constitutional the bill passed last month by Lawmakers and lobbyists rejected the no- the House that would have authorized a pub- There was no objection. tion of any link between campaign money lic vote on the gaming issue. By doing so, f and legislative action. Further, they said the the Senate essentially eliminated any gambling interests have been relatively re- chance of legalizing gambling while Gov. APPOINTMENT OF MEMBERS TO strained in their giving, compared with what Ridge is in office. Ridge, whose term ends in COMMISSION ON SECURITY AND has taken place in other states. January 2003, has insisted on a referendum COOPERATION IN EUROPE ‘‘I don’t think the industry really felt that before he would consider signing any gam- (large contributions) was the approach they bling bill. The SPEAKER pro tempore. Without wanted to take,’’ said Obra S. Kernodle 3d, a ‘‘If gambling isn’t dead, it is in a pretty objection, and pursuant to section 3 of lawyer-lobbyist who is a principal in a Phila- deep coma, and I don’t see it coming out,’’ Public Law 94–304 as amended by sec- delphia company that wants to build a river- Senate President Pro Tempore Robert tion 1 of Public Law 99–7, the Chair an- boat casino. Jubelirer (R., Blair) said after the vote. nounces the Speaker’s appointment of ‘‘I can’t see a relationship between the The governor echoed that view, saying it the following Members of the House to contributions and a vote on any issue—espe- was ‘‘time to move on’’ to other issues. And the Commission on Security and Co- cially this issue,’’ said Senate Minority one longtime supporter of legalized gaming, operation in Europe: Leader Robert J. Mellow, D-Lackawanna. Sen. Robert Tomlinson (R., Bucks), conceded Anti-gambling activists say the contribu- ‘‘it’s going to be a long time’’ before any new Mr. WOLF of Virginia; tions are unseemly and that the money at forms of gambling come to the state. Mr. SALMON of Arizona; least helped push gambling to the top of the The end came swiftly to the proposal to Mr. GREENWOOD of Pennsylvania; and 1999 legislative agenda. ask voters in the May 18 primary whether Mr. FORBES of New York. Gambling legislation ‘‘is being passed on a they approved of riverboat gambling, slot There was no objection. cash and carry basis,’’ said Tom Grey, a na- machines at horse-racing tracks, and video tional antigambling activist who has been poker in taverns. The House had debated for f involved in efforts to defeat the referendum 10 hours over two days last month before ap- GAMBLING EFFORT DIES IN bill. ‘‘Legalized gambling gives (lawmakers) proving the proposal to place the nonbinding PENNSYLVANIA SENATE the cash, and they carry the bill.’’ questions on the ballot. ‘‘Special interests, through campaign con- But the Senate wasted little time in dis- (Mr. WOLF asked and was given per- tributions and hiring every lobbyist in town, patching the issue. As soon as the issue came mission to address the House for 1 are driving the system with the pedal to the to the floor, a gaming opponent, Sen. David minute and to revise and extend his re- metal,’’ said Barry Kauffmann, executive di- Brightbill (R., Lebanon), invoked a par- marks.) rector of Pennsylvania Common Cause. ‘‘It’s liamentary maneuver by asking the Senate Mr. WOLF. Mr. Speaker, I want to an increasingly troubling part of the way the to consider the bill’s legality under the state process is being run.’’ constitution. One senator rose briefly to op- bring to the attention of the Members The referendum bill, which the House ap- pose the move, and then the roll-call vote of the House today the following Phila- proved last month, would let voters state was taken. delphia Inquirer headline where it says their opinions about three potential expan- Within minutes, the issue that had com- gambling efforts die in Pennsylvania sions of legalized gambling: riverboat casi- manded the legislature’s attention since Senate. This Monday, the Pennsyl- nos, video poker in bars and slot machines at January was over. vania State Senate rejected a resolu- four horse tracks. Lawmakers then must The vote was a blow to the horseracing in- tion by the vote of 28 to 21 calling for shape legislation to legalize any new games. dustry, which has been losing customers to Ridge has said he would sign the bill, but Delaware and West Virginia, where slots are three statewide gambling referendums. also says he will demand that any actual ex- legal. Another loser was the tavern industry, Gambling was rejected despite the pansion of gambling would have to be ap- which saw the video-poker proposal as a way gambling lobby’s political campaign proved, project by project, in subsequent to boost what it says are sagging sales. contribution of $606,000. This is a very local referendums. Mayor Rendell saw riverboat gambling as a large amount of money for a State It is impossible to determine how much way to raise money for Philadelphia’s with no gambling except for horse rac- gambling interest spend on lobbying, be- schools. ing and State lotteries. cause current disclosure laws provide no ‘‘There is nothing on the horizon that will Mr. Speaker, people got involved at meaningful information. A tough new disclo- provide our kids with adequate funding for sure law takes effect in June. education,’’ Rendell said yesterday, with res- the grass roots level. The people Among the campaign-finance reports ex- ignation and a touch of bitterness in his learned the truth about how gambling amined by The Inquirer were those listing voice. ‘‘I’d like to ask the senators who is bad for families and communities, contributions during the two election cycles voted this way: Where is funding for our kids especially the poor and the Nation’s to Ridge, the Republican and Democratic going to come from? I’m just perplexed.’’

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 4340 CONGRESSIONAL RECORD—HOUSE March 11, 1999 But opponents, including church groups Fumo rejected that assertion, saying he 1990: Casey vetoes a bill that would have and community activists, hailed the vote. did not believe a referendum would have hurt legalized gambling on video-poker machines They had warned that an expansion of gam- Weinberg. He said he opposed it because he in bars, restaurants and clubs. bling would lead to a plague of social ills. thought it would lose, killing chances for 1991: The House rejects a riverboat-gam- Several lawmakers said yesterday that the gambling forever. bling bill, which Casey had promised to veto. Senate’s move to declare the proposal uncon- ‘‘I don’t know why he went on such a fool’s 1994: Gov.-elect Ridge promises to veto any stitutional was a quick way to kill a bill errand,’’ Fumo said of Rendell. He added bill that would legalize riverboat gambling that did not have the votes. The vote has no that he was miffed at the mayor for calling without first submitting the issue to voters legally binding effect. That would be for the Democratic senators. in a nonbinding statewide referendum. Pro- courts to decade. I’ve delivered for him when nobody else ponents push without success to win passage ‘‘It’s definitely a signal there weren’t suffi- would,’’ Fumo said. ‘‘This just makes it of a bill that would authorize a referendum. cient votes for all three forms of gambling to harder the next time I have to do something 1997: The Senate passes a bill that would get on the ballot,’’ said Senate Majority for him.’’ allow slot machines at horse-racing tracks, Leader F. Joseph Loeper (R., Delaware), add- Gaming advocates had fought for years to but it fails to gain House approval. ing that the vote was ‘‘a litmus test for advance the issue and had pushed especially Feb. 10, 1999: The House passes a bill that hard in recent months, hoping the May bal- where the rest of the issue would have gone.’’ would authorize nonbinding statewide ref- lot was a window of opportunity. Proponents—and even some critics—had erendums on slots, riverboats and video Tavern owners statewide held rallies and been saying the votes were there to send the visited lawmakers to push poker. The horse- poker on the May 18 primary ballot. bill to the governor’s desk. But they spoke racing industry continued its effort in the March 8, 1999: The Senate votes to declare too soon. Most senators who had been unde- hope of bolstering its competitive position the House bill unconstitutional, killing the cided as late as last week ended up voting with slot-machine revenue. And riverboat effort to place the referendums on the pri- against gambling yesterday. companies such as President Casinos Inc., mary ballot. The margins going into yesterday’s vote Ameristar Casinos Inc., and Epic Horizon LP f were seen as too close to call. added their lobbying clout. The day opened with a strong showing by Gaming interests and their lobbyists made SPECIAL ORDERS more than 100 pro-gambling demonstrators, political contributions totaling more than most from the state’s racetracks, who The SPEAKER pro tempore. Under $606,000 to Gov. Ridge and a handful of legis- the Speaker’s announced policy of Jan- jammed the capitol’s hallways carrying lative leaders in the last two election cycles. signs. In recent years, though gambling bills have uary 6, 1999, and under a previous order But gambling backers saw a bad omen met with varying degrees of success, none of the House, the following Members early in the day when Rendell, long a sup- has been signed and advocates were hopeful will be recognized for 5 minutes each. porter of riverboat gambling, pulled out of a that 1999 might be the year. f scheduled news conference so he could keep But Pennsylvania’s antigambling lobby- lobbying for the bill. ists, a diverse group of religious and commu- BALTIMORE ORIOLES TO PLAY EX- Interviews with 47 of 50 senators or their nity interests, worked hard after the House HIBITION GAME IN HAVANA, aides two weeks ago showed senators were passed the bill to have the upper chamber de- CUBA nearly tied on the issue, with nine unde- feat it. cided, three unreachable, and one who de- Michael Geer, president of Pennsylvanians The SPEAKER pro tempore. Under a clined comment. Of that group, 10 voted to Against Gambling Expansion, said the grass- previous order of the House, the gen- call the referendum unconstitutional; two roots work done by activists in his camp had tleman from Maryland (Mr. HOYER) is voted against that finding; and one, Sen. An- an effect. recognized for 5 minutes. thony Hardy Williams (D., Phila.), did not ‘‘The reason it happened is [senators] heard the voice of the people in the state,’’ Mr. HOYER. Mr. Speaker, on Mon- vote. Williams said he was upstairs in the of- day, this Nation and baseball lovers fice portion of the buildings during the vote he said. and did not make it to the floor in time. He But gambling supporters said the defeat around the world mourned the passing said he would have voted against gambling. had more to do with the way the bill was of the Yankee Clipper. Joe DiMaggio’s Some last-minute decision-makers said structured. career was certainly brilliant and wor- ‘‘It’s difficult with three issues intertwined they receive considerable constituent input thy of the praise and the eulogies we in the bill,’’ said Bob Green, president of against gambling. Sen. James Gerlach (R., Bucks County’s Philadelphia Park race- have heard these past few days. As a Chester) said he was shown a poll paid for by track. ‘‘If it was just ours, it probably testament to his career, many people gambling opponents indicating that 65 per- wouldn’t have been a problem.’’ who never saw him swing a bat or steal cent of his district was against riverboat ca- Calling the vote ‘‘setback,’’ some sup- a base felt a sense of loss, a loss felt sinos, 65 percent against video poker, and 55 porters said they would be back. not only for the man but for the insti- against slot machines at horse-racing tracks. ‘‘We can’t just go away,’’ Green said. Gerlach said he voted that the bill was tution that he so nobly represented, HISTORY OF GAMBLING BILLS constitutional because he supports referen- the game of baseball. Efforts to legalize gambling in Pennsyl- dums, but added that he would have voted to Baseball, Mr. Speaker, transcends vania have, for the most part, been unsuc- defeat gambling. cessful. In 1972, Pennsylvania became the generations. The names of Ruth, ‘‘This became the quickest and least pain- fourth state to authorize a government-spon- Gehrig, Mantle and Aaron are as famil- ful way to bring closure to the issue,’’ said sored lottery. Since then, things have not iar to baseball fans of today as they Stephen C. MacNett, counsel to the Senate gone well for legalized-gambling proponents. were during their playing days. Republicans. Here’s a look at the recent history: Baseball also transcends borders, Mr. Sen. Vincent Fumo (D., Phila.), who has 1983: The state’s worsening financial condi- supported riverboat gambling in the past but Speaker. The passion we Americans tion prompts a flurry of gambling bills, in- have for the game of baseball is not had worked to defeat the current bill, called cluding one proposal to legalize slot ma- it ‘‘a polite way of letting it go away.’’ chines in the Poconos to fund education confined to this nation. That same pas- Fumo’s usually ally, Rendell, expressed statewide. Half a dozen bills that would le- sion can be found in many parts of the frustration. galize gambling await a vote by the legisla- globe, including the nation of Cuba. He noted that gambling is allowed in West ture throughout the next year but go no- On March 28, the Baltimore Orioles Virginia, Delaware, New Jersey, Connecticut where. will travel to Havana, Cuba, in pursuit and New York. ‘‘I mean, we’re like os- 1985: Philadelphia City Council approves a of that passion. triches—we stick our heads in the sand,’’ he resolution requesting the state legislature to said. allow the city to legalize video-poker ma- Mr. Speaker, I yield to the gentleman The vote caused friction between the two chines. The legislature doesn’t. from Baltimore, MD (Mr. CUMMINGS). powerful men. 1988: Gov. Robert P. Casey signs a bill al- Mr. CUMMINGS. I thank the gen- Rendell called Fumo’s stance ‘‘a shame, be- lowing nonprofit organizations to raise funds tleman for yielding. cause he did it for a purely political reason. through small games of chance, such as Mr. Speaker, I rise in support of the He’s always been a supporter of our [river- ‘‘punchboards.’’ He vetoes a bill to authorize Baltimore Orioles’ goodwill mission to boat] legislation.’’ offtrack-betting facilities, but the legisla- Cuba. In the past year we have wit- Rendell said he meant that Fumo was wor- ture overrides his veto and the bill becomes nessed several historic events that are ried about ‘‘what gambling would do on the law. ballot in May to the turnout,’’ presumably 1989: The State Horse Racing Commission significant to the evolving debate sur- to Fumo’s choice for mayor, Democrat approves the first application for an off- rounding Cuba, its citizens and United Marty Weinberg. track-betting outlet, in Reading. States efforts to promote democracy.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4341 Last year, Cuban citizens were al- gime that we want to be their friends, lead and run a few plays into the line lowed to celebrate Christmas. In Janu- if not the friends of their government. and just kill the clock. Earl once said, ary, Pope John Paul II conducted a se- Governments cannot come together unless you’ve got to throw the ball over the ries of open air masses across the coun- the people they serve find a common ground. plate and give the other man his try that were televised. And recently, This exhibition will not dissolve the dif- chance. That is why baseball is the direct humanitarian charter flights to ferences between our two governments but it greatest game of them all, and now we Cuba and cash remittances to Cuban will allow the people of both lands to share in are going to be able to have a good will relatives of U.S. citizens were resumed their common passion. game, two good will games between the and the provision of medicine and food Once again this spring, children in this Cuban national team and the Balti- was authorized. country will pick up their bats and gloves and more Orioles. These initiatives were the precursors hit the playing fields with the same passion Mr. Speaker, let the games begin. to future efforts toward peaceful cross- that has motivated children and lovers of the I am thrilled at the likelihood of an historic cultural engagement, including people- game for years. sports exchange with Cuba in the very near to-people contact among academics, So too will the youth of Cuba. future media and yes, even athletes. Their determination and effort will be di- I am sure many of you have heard the news The last major league team to play rected to the game. of a goodwill game between the Cuban na- baseball in Cuba was the 1947 Brooklyn They will be absorbed in the pitching and tional team and Maryland’s beloved Baltimore Dodgers, who held spring training in power hitters of their opponents not their poli- Orioles. I commend Orioles owner Peter Havana to insulate Jackie Robinson tics. Angelos for his hard work to make this dream from the racial hatred so prevalent in The Baltimore Orioles exhibition in Havana a reality. the United States at that time. Fifty- will allow the people of both countries to share I am here tonight to express my strong sup- two years later, the role has changed. their passions for the game and perhaps high- port for this initiative and to urge the U.S. The first major league team to visit light what the people of our nations have in Congress to join all of us here tonight in sup- Cuba in 40 years, on March 28, 1999, the common and not the differences that divide porting this worthy endeavor. Baltimore Orioles, will be ambassadors them. I want to say from the outset that any pro- of peace. It comes as no surprise to me that Peter ceeds from this exchange will not go to the Sports has historically been an arena Angelos and the Baltimore Orioles have led Cuban Government. The proceeds will go to in which athlete-to-athlete contact has the effort to see this game become a reality support baseball and other activities related to led to off-the-field or court engage- and on behalf of the State of Maryland I want sports in our two countries. ment. Moreover, baseball as the na- to thank Peter Angelos for his vision for base- Indeed, supporting this initiative has nothing tional pastime of the United States and ball. to do with politics. That may seem strange Cuba is the natural choice to promote A vision broader than the game itself which here in Washington where it is our job in many goodwill among our countries’ citizens. removes the barriers for all who share a love respects to see the world through a political It is time that we reach out to the for the great game of baseball. prism. Cuban people with such democracy- f But this is one time, thankfully, when it is to building efforts. our advantage to see an exchange between BALTIMORE ORIOLES-CUBA I am proud that the City of Balti- two countries, not as a political event, but sim- EXHIBITION BASEBALL GAMES more is in the forefront of an initiative ply as a game—America’s game and Cuba’s that will help to chip away the barriers The SPEAKER pro tempore. Under a game. These are two countries whose identity that have isolated the citizens of Cuba previous order of the House, the gen- is deeply rooted to their national pastime. from the United States. I applaud tleman from Maryland (Mr. CARDIN) is I think a fan quoted in the Miami Herald re- Mayor Kurt Schmoke and Peter recognized for 5 minutes. cently had the right outlook for this game Angelos, the Orioles owner, for seizing Mr. CARDIN. Mr. Speaker, I want to when he said, ‘‘They should just play. It’s a the opportunity to strengthen a his- follow the comments of the gentleman game after all.’’ toric bond between the Cuban and from Maryland (Mr. HOYER) and the It is indeed a game after all. A bat and a American people. gentleman from Maryland (Mr. ball, two teams, a field and the undivided at- Let us all take note, democracy is CUMMINGS) in really congratulating the tention of two nations. That is all, Mr. Speaker, based upon the conviction that there Baltimore Orioles and Peter Angelos and that should be enough for now. are extraordinary possibilities in ordi- for arranging for a game between the Perhaps we should heed the diplomatic nary times. I urge my colleagues to Baltimore Orioles and the Cuban na- words of one of the world’s great Earls—the support the Baltimore Orioles and the tional team. Earl of Baltimore. Earl Weaver’s famous com- City of Baltimore in their efforts. As the gentleman from Maryland ment about America’s pastime is the reason Mr. HOYER. Mr. Speaker, let me add (Mr. HOYER) indicated, baseball really why this game is such a wonderful idea and that this exhibition is not an abandon- speaks an international language. This opportunity for both nations: ment of our Nation’s policies toward is going to be good for our Nation and In baseball ‘‘you can’t sit on a lead and run Castro or his regime, nor is it a weak- good for the people of Cuba. None of a few plays into the line and just kill the ening of our resolve against the tyr- the economic proceeds will go to the clock,’’ Earl once said. ‘‘You’ve got to throw anny of communism. The proceeds government of Cuba. Peter Angelos has the ball over the plate and give the other man from this game, in fact, will go to build really, I think, done a favor for this his chance. That’s why baseball is the great- baseball stadiums, not politics. But it Nation. I support this game. It has est game of them all.’’ is an opportunity to showcase what is nothing to do about politics. It is a Wherever it might be played, baseball is the common to the people of the United game. Two countries whose identity is best game around. So Mr. Speaker, let the States and Cuba, a passion for the deeply rooted in their national pas- games begin. game of baseball. time. I think a fan who was quoted in f I want to join the gentleman from the Miami Herald recently had the Maryland (Mr. CUMMINGS) in congratu- right outlook for this game when he THE DEBT DOWN PAYMENT ACT lating Peter Angelos, the owner of the said, ‘‘They should play it. It’s a game The SPEAKER pro tempore. Under a Baltimore Orioles, who has done so after all.’’ previous order of the House, the gen- much for baseball, so much for Balti- I would also like to quote from one of tleman from Kansas (Mr. MORAN) is more and is now doing so much to the real great diplomats in baseball, recognized for 5 minutes. reach out a hand to try to bring better one of the great Earls, the Earl of Bal- Mr. MORAN of Kansas. Mr. Speaker, relations but doing so in the context of timore, Earl Weaver, the famous man- I am pleased to be here this evening not accommodating a regime with ager of the Baltimore Orioles. I think and particularly with the distinguished which we do not agree but telling a he had the game of baseball right when gentleman from Ohio (Mr. KASICH), the people that is sometimes under that re- he said, in baseball you can’t sit on a chairman of the Committee on the

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00083 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 4342 CONGRESSIONAL RECORD—HOUSE March 11, 1999 Budget, in the Chamber this evening. I In just 13 years, payment from the of America also took part in those would like to point out a few facts to Social Security trust fund will exceed meetings. The President also had meet- my colleagues. the incoming revenue to the Social Se- ings with the State Department and I know that these are issues of im- curity trust fund. By reducing debt met with some of Washington’s leading portance to all of us, and I think it is today, we can do something that will think tanks and the media. useful to be reminded that as of March make it easier to meet the needs of the Mr. Speaker, Nagorno Karabagh is a 1, the first day of this month, 1999, the next generation’s retirement, and by region in the Caucasus Mountains of Federal national debt was $5.62 trillion. removing the Social Security trust the former Soviet Union that has now That debt is increasing. In fact, it in- fund revenues from the annual surplus and always has historically been popu- creased in 1999 by $95 billion in all of calculations, we will gain a more accu- lated by Armenians. Unfortunately, our trust funds. The total interest that rate understanding of where we stand Nagorno Karabagh’s independence has we paid last year on the national debt financially. not been given recognition by the was almost 15 percent of the total United States or the international b 2215 budget, about $243 billion. community. Neighboring Azerbaijan Mr. Speaker, now is the optimum I have been pleased by recent reports continues to claim Nagorno Karabagh’s time to take the steps necessary to re- the Senate budget proposal may in- territory. A bloody war was fought duce the national debt. Our economy, clude a similar proposal toward reduc- over this region, and the Karabagh Ar- although not necessarily the Kansas ing the debt. By establishing statutory menians successfully defended their economy, is strong and Federal reve- debt limits on publicly held debt we homeland. A cease-fire was declared in nues stand ready for debt reduction. On can hold our collective feet to the fire 1994, which has more or less held de- the very near horizon, however, we face by locking in gradual debt reduction. spite ongoing violations by Azerbaijan, a challenge of financing the retirement Debt reduction should be a central but a final resolution of the conflict of the baby boom generation. If we can component of our budget plans, and I has been elusive. Mr. Speaker, the United States is a get our fiscal house in order now, we urge my colleagues in both chambers leader in the effort to help the parties can meet this challenge. But if we to insist that the 2000 budget proposal to this conflict achieve a just and last- delay, our children will face the dual include a long-term plan to pay down ing resolution of the conflict. The U.S. burden of servicing a large national our national debt. Let us agree today is a co-chair along with France and debt, along with facing the liabilities to put an end to treating our national Russia of the Minsk Group, of the Or- to Social Security and Medicare. We do budget like a bad credit card spending. Let us agree to pay more than the ganization for Security and Coopera- not have surpluses as far out as we can tion in Europe established to resolve see. monthly minimum and stop spending 15 percent of our budget on interest this dispute. Mr. Speaker, as the chart indicates, The United States and our Minsk payments. the national debt grows, and by the Group partners last year put forward a We are like those people with the year 2040, because of that generation of new plan known as the Common-State credit card who just keep spending. We retirees, the national debt increases to proposal for resolving the conflict. Ar- do not even hardly make the minimum 200 percent of the gross domestic prod- menia and Nagorno Karabagh have uct. We need to take advantage of this payment. We pay the interest, but we both agreed to accept the proposal as a opportunity to begin the process of have no plan to ever pay the principle, basis for negotiations despite serious paying down our national debt. Paying and today we ought to take the steps reservations, but Azerbaijan’s response down the debt can lower interest rates. toward establishing a plan to do just to the constructive proposal by the Student loans, car loans, home mort- that. We are at a crossroads. Let us United States and our partners has gages and farm debts can all be less make the legacy that we leave to the been a flat no. burdensome with lower interest rates next generation one of economic hope Mr. Speaker, the U.S. non-recogni- that the borrowing from the Federal and prosperity. tion of Nagorno Karabagh creates Government would generate. f issues about who in the State Depart- Last week, the gentleman from Mis- RESOLUTION OF THE NAGORNO ment should meet with President sissippi (Mr. PICKERING) and I intro- KARABAGH CONFLICT Ghoukasian or other representatives of duced H.R. 948, the Debt Down Pay- Nagorno Karabagh, and last week I was ment Act, and I spent some time on the The SPEAKER pro tempore. Under a joined by 19 of my colleagues on a bi- floor, an extended amount of time on previous order of the House, the gen- partisan basis in writing to Deputy the floor, explaining this legislative at- tleman from New Jersey (Mr. PALLONE) Secretary of State Strobe Talbott ask- tempt to my colleagues. This bill es- is recognized for 5 minutes. ing that in his capacity as the Amer- tablishes a 10-year plan for reducing Mr. PALLONE. Mr. Speaker, I want- ican co-chair of the Minsk Group he the debt held by the public. It would ed to take this opportunity tonight to personally meet with Mr. Ghoukasian reduce it by $2.4 trillion; an average welcome the visiting President of the during his visit to our Nation’s capital. annual payment on the debt of $240 bil- Nagorno Karabagh Republic, Mr. Unfortunately, Secretary Talbott was lion; no new spending; saves $729 billion Arkady Ghoukasian. President not in Washington at the time of Presi- in interest payments over 10 years. $729 Ghoukasian is visiting our Nation’s dent Ghoukasian’s visit, and President billion. And it removes the Social Se- capital this week as part of a trip that Ghoukasian met instead with Donald curity trust fund from the revenues also includes stops in California and Keyser who is special negotiator for that we calculate our surplus to pro- New York, and accompanying the Nagorno Karabagh and the NIS re- vide some honesty, not only to the President on his first visit to the gional conflicts. Mr. Keyser I should American people but especially to our- United States is Ms. Naira say is doing a fine job in trying to win selves. Melkoumian, the Foreign Minister of the confidence of the parties to the This bill establishes a gradually re- the Nagorno Karabagh Republic. conflict, but I believe it is important to duced limit for public debt held over Yesterday I took part in a meeting stress the need for the highest level the next 10 years, and by the year 2000, with President Ghoukasian and For- contacts possible which are appropriate this debt limit would be lowered to $3.5 eign Minister Melkoumian that was at- and provide a sign of goodwill that trillion, requiring a first year debt re- tended by several of my colleagues in would help encourage progress in the duction of $100 billion. the House from both parties. The Presi- negotiations. President Ghoukasian’s Our Nation’s most respected econo- dent also held private meetings with status as the elected leader of one of mists remind us of the importance of several other Members of the House the parties to the conflict argues in of paying down the national debt and the and the Senate and representatives of according him high-level recognition, opportunity that provides to shore up the Armenian Assembly of America and indeed our two Minsk Group part- Social Security. and the Armenian National Committee ners, France and Russia, provide a

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00084 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.002 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4343 stronger degree of recognition for the ing aid to Azerbaijan. The unfortunate mes- 975. A letter from the Administrator, Farm Karabagh government than the United sage to Azerbaijan is that their intransigence Service Agency, Department of Agriculture, States does. in opposing the Minsk Group proposal is not transmitting the Department’s final rule— Last month a bipartisan group of a matter of concern here in Washington. That Implementation of Preferred Lender Pro- gram and Streamlining of Guaranteed Loan Members of Congress and our staffs is not the signal we should be sending. Regulations (RIN: 0560–AF38) received Feb- met with Special Negotiator Keyser. f ruary 22, 1999, pursuant to 5 U.S.C. At that meeting and in our follow-up SPECIAL ORDERS GRANTED 801(a)(1)(A); to the Committee on Agri- letter to Secretary Talbott we urged culture. that the United States stay the course By unanimous consent, permission to 976. A communication from the President in terms of the compromise Common- address the House, following the legis- of the United States, transmitting a request State approach, and, as I mentioned, lative program and any special orders for an FY 1999 supplemental appropriation this approach has been accepted by Ar- heretofore entered, was granted to: for the Department of the Interior; (H. Doc. No. 106–39); to the Committee on Appropria- menian Nagorno Karabagh as a basis (The following Members (at the re- quest of Mr. PALLONE) to revise and ex- tions and ordered to be printed. for direct negotiations, but thus far 977. A letter from the Federal Register Li- Azerbaijan has rejected this approach. tend their remarks and include extra- neous material:) aison Officer, Office of Thrift Supervision, We hope that this rejection will not be Department of the Treasury, transmitting Mr. HOYER, for 5 minutes, today. the last word, and we urge the adminis- the Department’s final rule—Risk-Based Mr. CARDIN, for 5 minutes, today. tration to take proactive steps to re- Capital Standards: Construction Loans on Mr. BLUMENAUER, for 5 minutes, verse Azerbaijan’s rejection. Presold Residential Properties; Junior Liens today. on 1- to 4-Family Residential Properties; and Mr. Speaker, last week I testified be- Mr. FILNER, for 5 minutes, today. fore the Subcommittee on Foreign Op- Investments in Mutual Funds. Leverage Cap- Mr. SMITH of Washington, for 5 min- ital Standards: Tier 1 Leverage Ratio [Dock- erations of the House Committee on utes, today. et No. 98–125] (RIN: 1550–AB11) received Feb- Appropriations on the fiscal year 2000 Mr. HOEFFEL, for 5 minutes, today. ruary 26, 1999, pursuant to 5 U.S.C. legislation, and I called for assistance Mr. PALLONE, for 5 minutes, today. 801(a)(1)(A); to the Committee on Banking to both the Republic of Armenia and Mrs. MINK of Hawaii, for 5 minutes, and Financial Services. the Republic of Nagorno Karabagh and today. 978. A letter from the Secretary, Securities to offer some proposals for how we can (The following Members (at the re- and Exchange Commission, transmitting the advance the peace process through this quest of Mr. SWEENEY) to revise and ex- Commission’s final rule—Rule 701—Exempt legislation. The subcommittee, I tend their remarks and include extra- Offerings Pursuant to Compensatory Ar- neous material:) rangements [Release No. 33–7645; File No. S7– should say, has been extremely atten- 5–98] (RIN: 3235–AH21) received February 26, Mr. MORAN of Kansas, for 5 minutes, tive to the concerns of Armenia, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Nagorno Karabagh and the entire today. Committee on Commerce. Caucasus region, and thanks to the Mr. DEMINT, for 5 minutes, today. 979. A letter from the Secretary, Securities subcommittee U.S. humanitarian as- f and Exchange Commission, transmitting the sistance is flowing to Nagorno SENATE ENROLLED BILL SIGNED Commission’s final rule—Revision of Rule Karabagh. I urged the Subcommittee 504 of Regulation D, the ‘‘Seed Capital’’ Ex- The SPEAKER announced his signa- on Foreign Operations to express its emption [Release No. 33–7644; S7–14–98] (RIN: ture to an enrolled bill of the Senate of 3235–AH35) received February 26, 1999, pursu- strong support for the U.S. position in the following title: ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Minsk Group negotiations on on Commerce. Nagorno Karabagh, and I hope the sub- S. 447. An act to deem as timely filed, and process for payment, the applications sub- 980. A letter from the Assistant Secretary committee will adopt language calling mitted by the Dodson School Districts for for Legislative Affairs, Department of State, on the State Department to stay the certain Impact Aid payment for fiscal year transmitting certification of Presidential course and to press Azerbaijan to come 1999. Determination No. 99–16 in connection with the U.S. contribution to the Korean Penin- back to the negotiating table. There f are strong indications that Azerbaijan sula Energy Development Organization (‘‘KEDO’’); to the Committee on Inter- believes that it can maintain its BILL PRESENTED TO THE PRESIDENT national Relations. rejectionist policy by playing the oil 981. A letter from the Acting Director, Of- card given the interest in developing Mr. THOMAS, from the Committee fice of Sustainable Fisheries, National Ma- petroleum resources in the Caspian Sea on House Administration, reported rine Fisheries Service, National Oceanic and although recent test drilling indicates that that committee did on this day Atmospheric Administration, transmitting less than expected quantities of oil are present to the President for his ap- the Administration’s final rule—Fisheries of causing some major American oil com- proval, a bill of the House of the fol- the Exclusive Economic Zone Off Alaska; panies to pull out of Azerbaijan. lowing title: Pollock in Statistical Area 620 of the Gulf of Alaska [Docket No. 981222314–8321–02; I.D. And there have also been troubling H.R. 882. To nullify any reservation of 021699B] received February 22, 1999, pursuant funds during fiscal year 1999 for guaranteed statements from Azerbaijan’s Presi- to 5 U.S.C. 801(a)(1)(A); to the Committee on loads under the Consolidated Farm and dent Aliyev that he considers renewal Resources. Rural Development Act for qualified begin- of military conflict a viable option for 982. A letter from the General Counsel, De- ning farmers or ranchers, and for other pur- partment of Transportation, transmitting settling the dispute. poses. Mr. Speaker, if I could just submit the Department’s final rule—Regulated the rest of my statement for the f Navigation Area; Air Clearance Restrictions RECORD, I just want to say it is very ADJOURNMENT at the Entrance to Lakeside Yacht Club and important that we send a message to the Northeast Approach to Burke Lakefront Mr. PALLONE. Mr. Speaker, I move Airport in Cleveland Harbor, OH [CGD09–97– Azerbaijan that their intransigence in that the House do now adjourn. 002] (RIN: 2115–AE84) received February 23, opposing the Minsk Group proposal is a The motion was agreed to; accord- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the matter of concern here in Washington. ingly (at 10 o’clock and 24 minutes Committee on Transportation and Infra- Finally, I am concerned about the aid num- p.m.), under its previous order, the structure. bers for Armenia and Azerbaijan that were in- House adjourned until Monday, March 983. A letter from the General Counsel, De- cluded in the Administration’s budget request, 15, 1999, at 2 p.m. partment of Transportation, transmitting the Department’s final rule—Drawbridge Op- which provide for a decrease in aid to Arme- f nia, and an increase in aid to Azerbaijan. This eration Regulation; Lower Grand River, LA [CGD08–99–008] (RIN: 2115–AE47) received is strange, since Armenia (as well as Nagorno EXECUTIVE COMMUNICATIONS, ETC. February 23, 1999, pursuant to 5 U.S.C. Karabagh) has accepted the compromise pro- 801(a)(1)(A); to the Committee on Transpor- posal supported by the U.S., while Azerbaijan Under clause 8 of rule XII, executive tation and Infrastructure. has rejected it. But the Administration budget communications were taken from the 984. A letter from the General Counsel, De- proposed cutting aid to Armenia while increas- Speaker’s table and referred as follows: partment of Transportation, transmitting

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00085 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.003 H11MR9 4344 CONGRESSIONAL RECORD—HOUSE March 11, 1999 the Department’s final rule—Special Local Directives; Airbus Model A300–600 Series Air- the Department’s final rule—Amendment to Regulations: Greenwood Lake Powerboat planes [Docket No. 98–NM–301–AD; Amend- Class E Airspace; Perry, IA [Airspace Docket Classic, Greenwood Lake, New Jersey ment 39–11043; AD 99–04–18] (RIN: 2120–AA64) No. 98–ACE–52] received February 23, 1999, [CGD01–98–125] (RIN: 2115–AE46) received received February 23, 1999, pursuant to 5 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- February 23, 1999, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on mittee on Transportation and Infrastruc- 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. ture. tation and Infrastructure. 994. A letter from the General Counsel, De- 1004. A letter from the General Counsel, 985. A letter from the General Counsel, De- partment of Transportation, transmitting Department of Transportation, transmitting partment of Transportation, transmitting the Department’s final rule—Airworthiness the Department’s final rule—Amendment to the Department’s final rule—Safety Zone: Directives; Boeing Model 777 Series Air- Class E Airspace; Boonville, MO [Airspace Sunken Fishing Vessel CAPE FEAR, Buz- planes [Docket No. 98–NM–320–AD; Amend- Docket No. 99–ACE–6] received February 23, zards Bay Entrance [CGD01 99–008] (RIN: ment 39–11044; AD 99–04–19] (RIN: 2120–AA64) 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 2115–AA97) received February 23, 1999, pursu- received February 23, 1999, pursuant to 5 Committee on Transportation and Infra- ant to 5 U.S.C. 801(a)(1)(A); to the Committee U.S.C. 801(a)(1)(A); to the Committee on structure. on Transportation and Infrastructure. Transportation and Infrastructure. 1005. A letter from the General Counsel, 986. A letter from the General Counsel, De- 995. A letter from the General Counsel, De- Department of Transportation, transmitting partment of Transportation, transmitting partment of Transportation, transmitting the Department’s final rule—Amendment to the Department’s final rule—Safety Zone: the Department’s final rule—Airworthiness Class E Airspace; Selinsgrove, PA [Airspace Scharfman Batmitzvah Fireworks, East Directives; Saab Model SAAB SF340A and Docket No. 98–AEA–45] received February 23, River, Newtown Creek, New York [CGD01–99– SAAB 340B Series Airplanes [Docket No. 97– 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 004] (RIN: 2115–AA97) received February 23, NM–236–AD; Amendment 39–11042; AD 99–04– Committee on Transportation and Infra- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 17] (RIN: 2120–AA64) received February 23, structure. Committee on Transportation and Infra- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1006. A letter from the General Counsel, structure. Committee on Transportation and Infra- Department of Transportation, transmitting 987. A letter from the General Counsel, De- structure. the Department’s final rule—Amendment of partment of Transportation, transmitting 996. A letter from the General Counsel, De- Class E Airspace; Leadville, CO [Airspace the Department’s final rule—Drawbridge Op- partment of Transportation, transmitting Docket No. 98–ANM–08] received February 23, eration Regulations; River Rouge (Short Cut the Department’s final rule—Airworthiness 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Canal), Michigan [CGD09–98–055] (RIN: 2115– Directives; Empresa Brasileira de Committee on Transportation and Infra- AE47) received February 23, 1999, pursuant to Aeronautica S.A. (EMBRAER) Model EMB– structure. 5 U.S.C. 801(a)(1)(A); to the Committee on 145 Series Airplanes [Docket No. 98–NM–317– 1007. A letter from the General Counsel, Transportation and Infrastructure. AD; Amendment 39–10904; AD 98–24–19] (RIN: Department of Transportation, transmitting 988. A letter from the General Counsel, De- 2120–AA64) received February 23, 1999, pursu- the Department’s final rule—Amendment to partment of Transportation, transmitting ant to 5 U.S.C. 801(a)(1)(A); to the Committee Class E Airspace; Rockland, ME [Airspace the Department’s final rule—Airworthiness on Transportation and Infrastructure. Docket No. 98–ANE–95] received February 23, Directives; Allison Engine Company Model 997. A letter from the General Counsel, De- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the AE 3007A and AE 3007A1/1 Turbofan Engines, partment of Transportation, transmitting Committee on Transportation and Infra- Correction [Docket No. 98–ANE–14; Amend- the Department’s final rule—Amendment to structure. 1008. A letter from the General Counsel, ment 39–11017; AD 99–03–03] (RIN: 2120–AA64) Class E Airspace; El Dorado, KS [Airspace Department of Transportation, transmitting received February 23, 1999, pursuant to 5 Docket No. 99–ACE–5] received February 23, the Department’s final rule—IFR Altitudes; U.S.C. 801(a)(1)(A); to the Committee on 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Miscellaneous Amendments [Docket No. Transportation and Infrastructure. Committee on Transportation and Infra- 29467; Amdt. No. 414] received February 23, 989. A letter from the General Counsel, De- structure. 998. A letter from the General Counsel, De- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the partment of Transportation, transmitting partment of Transportation, transmitting Committee on Transportation and Infra- the Department’s final rule—Airworthiness the Department’s final rule—Amendment to structure. Directives; Allison Engine Company, Inc. AE Class E Airspace; Dubuque, IA [Airspace 2100A, AE 2100C, and AE 2100D3 Series Tur- f Docket No. 98–ACE–58] received February 23, bofan Engines, Correction [Docket No. 98– 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the REPORTS OF COMMITTEES ON ANE–83; Amendment 39–11023; AD 99–03–09] Committee on Transportation and Infra- PUBLIC BILLS AND RESOLUTIONS (RIN: 2120–AA64) received February 23, 1999, structure. Under clause 2 of rule XIII, reports of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 999. A letter from the General Counsel, De- mittee on Transportation and Infrastruc- partment of Transportation, transmitting committees were delivered to the Clerk ture. the Department’s final rule—Amendment to for printing and reference to the proper 990. A letter from the General Counsel, De- Class E Airspace; Fort Madison, IA [Airspace calendar, as follows: partment of Transportation, transmitting Docket No. 98–ACE–57] received February 23, Mr. BURTON: Committee on Government the Department’s final rule—Airworthiness 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Reform. A Citizen’s Guide on Using the Free- Directives; British Aerospace Jetstream Committee on Transportation and Infra- dom of Information Act and the Privacy Act Models 3101 and 3201 Airplanes [Docket No. structure. of 1974 to Request Government Records 98–CE–76–AD; Amendment 39–11046; AD 99–04– 1000. A letter from the General Counsel, (Rept. 106–50). Referred to the Committee of 21] (RIN: 2120–AA64) received February 23, Department of Transportation, transmitting the Whole House on the State of the Union. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Department’s final rule—Amendment to Mr. SHUSTER: Committee on Transpor- Committee on Transportation and Infra- Class E Airspace Kirksville, MO [Airspace tation and Infrastructure. H.R. 820. A bill to structure. Docket No. 99–ACE–9] received February 23, authorize appropriations for fiscal years 2000 991. A letter from the General Counsel, De- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the and 2001 for the Coast Guard, and for other partment of Transportation, transmitting Committee on Transportation and Infra- purposes; with an amendment (Rept. 106–51). the Department’s final rule—Airworthiness structure. Referred to the Committee of the Whole Directives; Boeing Model 737 Series Air- 1001. A letter from the General Counsel, House on the State of the Union. planes [Docket No. 98–NM–148–AD; Amend- Department of Transportation, transmitting f ment 39–11048; AD 99–04–23] (RIN: 2120–AA64) the Department’s final rule—Amendment to received February 23, 1999, pursuant to 5 Class E Airspace Springfield, MO [Airspace PUBLIC BILLS AND RESOLUTIONS U.S.C. 801(a)(1)(A); to the Committee on Docket No. 99–ACE–8] received February 23, Transportation and Infrastructure. Under clause 2 of rule XII, public 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the bills and resolutions were introduced 992. A letter from the General Counsel, De- Committee on Transportation and Infra- partment of Transportation, transmitting structure. and severally referred, as follows: the Department’s final rule—Airworthiness 1002. A letter from the General Counsel, By Mr. GOODLATTE: Directives; Airbus Model A330 and A340 Se- Department of Transportation, transmitting H.R. 1069. A bill to amend title 38, United ries Airplanes [Docket No. 97–NM–316–AD; the Department’s final rule—Amendment to States Code, to authorize the memorializa- Amendment 39–11041; AD 99–04–16] (RIN: 2120– Class E Airspace; Newton, KS [Airspace tion at the columbarium at Arlington Na- AA64) received February 23, 1999, pursuant to Docket No. 99–ACE–3] received February 23, tional Cemetery of veterans who have do- 5 U.S.C. 801(a)(1)(A); to the Committee on 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the nated their remains to science, and for other Transportation and Infrastructure. Committee on Transportation and Infra- purposes; to the Committee on Veterans’ Af- 993. A letter from the General Counsel, De- structure. fairs. partment of Transportation, transmitting 1003. A letter from the General Counsel, By Mr. LAZIO (for himself, Ms. ESHOO, the Department’s final rule—Airworthiness Department of Transportation, transmitting Ms. ROS-LEHTINEN, Mrs. CAPPS, Mrs.

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MORELLA, Mrs. KELLY, Mr. BROWN of Mr. LARGENT, Mr. ARCHER, Mr. MAN- MAN, Mr. WEINER, Mr. ABERCROMBIE, Ohio, Mr. GEORGE MILLER of Cali- ZULLO, Mr. SANDLIN, Mr. WATTS of Mr. ACKERMAN, Mr. ALLEN, Mr. AN- fornia, Mr. HORN, Mr. DIXON, Ms. Oklahoma, Mr. GEKAS, Mr. BARCIA, DREWS, Mr. BAIRD, Mr. BALDACCI, Mr. PELOSI, Mr. LATOURETTE, Mr. WAX- Mr. BISHOP, Mr. BOYD, Mr. CLEMENT, BARRETT of Wisconsin, Mr. BILBRAY, MAN, Mr. SERRANO, Mr. GILMAN, Mr. Mr. FORD, Mr. SHOWS, Mr. TANNER, Mr. BLAGOJEVICH, Mr. BLUMENAUER, MALONEY of Connecticut, Mr. MEE- and Mr. TRAFICANT): Mr. BOEHLERT, Mr. BONIOR, Mr. BOS- HAN, Mr. WELDON of Pennsylvania, H.R. 1074. A bill to provide Government- WELL, Mr. BRADY of Pennsylvania, Mr. UNDERWOOD, Mr. SHOWS, Mr. wide accounting of regulatory costs and ben- Ms. BROWN of Florida, Mr. BROWN of ABERCROMBIE, Mr. MCHUGH, Mr. efits, and for other purposes; to the Com- California, Mr. BROWN of Ohio, Mrs. ETHERIDGE, Mr. SANDERS, Mrs. CLAY- mittee on Government Reform. CAPPS, Mr. CAPUANO, Mr. CARDIN, Ms. TON, Mr. WALSH, Mr. MCGOVERN, Mr. By Ms. STABENOW (for herself, Mr. CARSON, Mr. CLAY, Mrs. CLAYTON, MCNULTY, Mr. FROST, Mr. NEY, Mr. CONYERS, Ms. KILPATRICK, Mrs. Mrs. CHRISTENSEN, Mr. COYNE, Mr. OLVER, Ms. MILLENDER-MCDONALD, MALONEY of New York, Mr. POMEROY, CROWLEY, Mr. DAVIS of Illinois, Ms. Mr. CROWLEY, Mr. SUNUNU, Mr. CLEM- Ms. LOFGREN, and Mr. LARSON): DEGETTE, Mr. DINGELL, Mr. DIXON, ENT, Mr. STARK, Ms. CARSON, Mr. H.R. 1075. A bill to amend the Internal Rev- Mr. ENGEL, Mr. FARR of California, FOLEY, Mr. COYNE, Mr. LANTOS, Mr. enue Code of 1986 to provide incentives to el- Mr. FILNER, Mr. FORD, Mr. FROST, INSLEE, Mrs. WILSON, Mr. SHERMAN, ementary and secondary teachers for tech- Mr. GEJDENSON, Mr. GILMAN, Mr. Mr. BALDACCI, Mr. BOEHLERT, Mr. LU- nology-related training for purposes of inte- GONZALEZ, Mr. GREEN of Texas, Mr. THER, Mr. HINOJOSA, Mr. DEFAZIO, grating educational technologies into the GREENWOOD, Mr. HASTINGS of Florida, Mr. QUINN, Mr. PRICE of North Caro- courses taught in our Nation’s classrooms; to Mr. HINOJOSA, Mr. HORN, Mr. HOYER, lina, Mr. RANGEL, Mr. WEYGAND, Mr. the Committee on Ways and Means. Ms. EDDIE BERNICE JOHNSON of Texas, FORBES, Mr. MEEKS of New York, Mr. By Ms. STABENOW (for herself, Mr. Mrs. JOHNSON of Connecticut, Mr. NADLER, Mr. BARRETT of Wisconsin, CONYERS, Ms. KILPATRICK, Ms. KENNEDY of Rhode Island, Mr. KIL- Ms. WOOLSEY, Mr. KUCINICH, Mr. KING LOFGREN, and Mr. LARSON): DEE, Ms. KILPATRICK, Mr. KUCINICH, of New York, Ms. SLAUGHTER, Mrs. H.R. 1076. A bill to amend the Internal Rev- Mr. LANTOS, Mr. LARSON, Mr. LEACH, TAUSCHER, Mr. BILBRAY, Mr. THOMP- enue Code of 1986 to provide incentives to el- Mr. LEVIN, Mr. LEWIS of Georgia, SON of Mississippi, Mr. HINCHEY, Mr. ementary and secondary teachers for acqui- Mrs. LOWEY, Mrs. MCCARTHY of New KLECZKA, Mr. PAYNE, Mr. WYNN, Mr. sition of computer hardware and software; to York, Mr. MCDERMOTT, Mr. MCGOV- JEFFERSON, Mr. SMITH of New Jersey, the Committee on Ways and Means. ERN, Mr. MCNULTY, Mrs. MALONEY of Mr. MASCARA, Mr. LOBIONDO, Mr. By Mr. PAUL (for himself, Mrs. New York, Mr. MALONEY of Con- OBERSTAR, Mr. LEACH, Mr. RUSH, Mr. CHENOWETH, Mr. DEFAZIO, Mr. DUN- necticut, Mr. MARKEY, Mr. MATSUI, MATSUI, Mr. DINGELL, Mrs. EMERSON, CAN, Mr. HOSTETTLER, and Mr. Mrs. MEEK of Florida, Mr. MENENDEZ, Mr. FILNER, Mrs. MYRICK, and Ms. STUMP): Ms. MILLENDER-MCDONALD, Mr. LOFGREN): H.R. 1077. A bill to amend the Federal GEORGE MILLER of California, Mrs. H.R. 1070. A bill to amend title XIX of the Food, Drug, and Cosmetic Act to allow con- MINK of Hawaii, Mr. MOAKLEY, Mr. Social Security Act to provide medical as- sumers greater access to information regard- MOORE, Mrs. NAPOLITANO, Ms. NOR- sistance for certain women screened and ing the health benefits of foods and dietary TON, Mr. OBERSTAR, Mr. OLVER, Mr. found to have breast or cervical cancer under supplements; to the Committee on Com- OWENS, Mr. PALLONE, Mr. PAYNE, Ms. a federally funded screening program; to the merce. PELOSI, Mr. PRICE of North Carolina, Committee on Commerce. By Mr. PAUL: Mr. RAHALL, Mr. REYES, Ms. ROYBAL- By Mr. EVANS (for himself, Mr. DIN- H.R. 1078. A bill to amend the Communica- ALLARD, Mr. RUSH, Mr. SABO, Mr. GELL, Mr. FILNER, Mr. SHOWS, and tions Act of 1934 with respect to retrans- SANDERS, Mr. SANDLIN, Mr. SAWYER, Ms. BROWN of Florida): mission consent and must-carry for cable op- Ms. SCHAKOWSKY, Mr. SHERMAN, Ms. H.R. 1071. A bill to amend title 38, United erators and satellite carriers; to the Com- SLAUGHTER, Mr. SMITH of Wash- States Code, to improve benefits under the mittee on Commerce. ington, Ms. STABENOW, Mr. STARK, Montgomery GI Bill by establishing an en- By Mr. ABERCROMBIE (for himself, Mrs. TAUSCHER, Mr. THOMPSON of hanced educational assistance program, by Mr. KILDEE, Mr. RUSH, Mr. UNDER- Mississippi, Mr. TOWNS, Mr. UNDER- increasing the amount of basic educational WOOD, Mrs. MINK of Hawaii, Ms. KIL- WOOD, Mr. WAXMAN, Mr. WEYGAND, assistance, by repealing the requirement for PATRICK, Mr. KENNEDY of Rhode Is- Ms. WOOLSEY, and Mr. WYNN): reduction in pay for participation in the pro- land, Mr. SHOWS, Mrs. JONES of Ohio, H.R. 1082. A bill to enhance Federal en- gram, by authorizing the Secretary of Vet- Mr. FROST, Mr. BRADY of Pennsyl- forcement of hate crimes, and for other pur- erans Affairs to make accelerated payments vania, Mr. PAYNE, Mr. COOK, Mr. poses; to the Committee on the Judiciary. of basic educational assistance, and by re- CAMP, Mr. THOMPSON of Mississippi, By Ms. DUNN (for herself, Mr. SMITH of opening the period for certain VEAP partici- Mr. SHERMAN, Mr. JEFFERSON, Mr. Washington, Mr. RAMSTAD, Mr. pants to elect to participate in the program HINCHEY, Ms. BROWN of Florida, Mr. SANDLIN, Mr. CAMP, Mr. CRAMER, Mr. of basic educational assistance, and for other BLAGOJEVICH, Mr. KLECZKA, Mrs. FOLEY, Mr. BALDACCI, Mr. WATKINS, purposes; to the Committee on Veterans’ Af- CAPPS, Mrs. MYRICK, Ms. STABENOW, Mr. SHOWS, Mr. HERGER, Mr. BISHOP, fairs. and Mr. OBERSTAR): Mr. GREEN of Wisconsin, Mr. PETER- By Mr. FORBES: H.R. 1079. A bill to provide for equitable re- SON of Minnesota, Mr. STUPAK, Mr. H.R. 1072. A bill to require the Nuclear tirement for military reserve technicians MCCRERY, Mr. ENGLISH, and Mr. COL- Regulatory Commission to require appli- who are covered under the Federal Employ- LINS): cants for or holders of operating licenses for ment Retirement System or the Civil Serv- H.R. 1083. A bill to amend the Internal Rev- nuclear power reactors to have in effect an ice Retirement System; to the Committee on enue Code of 1986 to modify certain provi- emergency response plan for an area within Government Reform. sions relating to the treatment of forestry a 50 mile radius of the reactor; to the Com- By Mr. BLUMENAUER (for himself, activities; to the Committee on Ways and mittee on Commerce. Mr. INSLEE, Mrs. MEEK of Florida, Means. By Mr. LAZIO (for himself and Mr. Mr. NEY, and Mr. QUINN): By Ms. DUNN (for herself, Mr. WELLER, FRANK of Massachusetts): H.R. 1080. A bill to provide penalties for Mr. GILLMOR, Mr. HILL of Montana, H.R. 1073. A bill to amend title IV of the terrorist attacks against mass transpor- Mr. LEWIS of California, Mr. Stewart B. McKinney Homeless Assistance tation; to the Committee on the Judiciary. HOSTETTLER, Mrs. FOWLER, Mr. Act to consolidate the Federal programs for By Mr. BOUCHER (for himself, Mr. SPENCE, Mr. CUNNINGHAM, and Mrs. housing assistance for the homeless into a GILCHREST, Mr. PETRI, Mr. JEFFER- BIGGERT): block grant program that ensures that SON, Mr. TANNER, Mr. PRICE of North States and communities are provided suffi- Carolina, and Mr. FROST): H.R. 1084. A bill to amend the Internal Rev- cient flexibility to use assistance amounts H.R. 1081. A bill to provide for protection enue Code of 1986 to provide tax relief, to en- effectively; to the Committee on Banking of the flag of the United States; to the Com- courage savings and investment, and to pro- and Financial Services. mittee on the Judiciary. vide incentives for public school construc- By Mr. BLILEY (for himself, Mr. By Mr. CONYERS (for himself, Mrs. tion, and to amend the Social Security Act MCINTOSH, Mr. CONDIT, Mr. STEN- MORELLA, Ms. BALDWIN, Mr. FORBES, to provide relief from the earnings test; to HOLM, Mr. SHUSTER, Mr. PICKETT, Mr. Mr. GEPHARDT, Mr. FRANK of Massa- the Committee on Ways and Means. GOODE, Mr. HALL of Texas, Mr. JOHN, chusetts, Mr. BERMAN, Mr. BOUCHER, By Mrs. EMERSON: Mr. TURNER, Mr. ENGLISH, Mr. GOOD- Mr. NADLER, Ms. LOFGREN, Ms. JACK- H.R. 1085. A bill to improve the health of LATTE, Mr. ARMEY, Mr. DELAY, Mr. SON-LEE of Texas, Mr. MEEHAN, Mr. children; to the Committee on Commerce, CRAMER, Mr. GILLMOR, Mr. OXLEY, DELAHUNT, Mr. WEXLER, Mr. ROTH- and in addition to the Committees on Ways

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00087 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.003 H11MR9 4346 CONGRESSIONAL RECORD—HOUSE March 11, 1999 and Means, and Education and the Work- er, in each case for consideration of such pro- sions; to the Committee on Education and force, for a period to be subsequently deter- visions as fall within the jurisdiction of the the Workforce. mined by the Speaker, in each case for con- committee concerned. By Mr. LEACH (for himself, Mr. LA- sideration of such provisions as fall within By Mrs. JOHNSON of Connecticut (for FALCE, Mr. BACHUS, and Ms. WA- the jurisdiction of the committee concerned. herself, Mr. MATSUI, Mr. CAMPBELL, TERS): By Mr. FORD (for himself, Mrs. Ms. LOFGREN, Mr. COX, Mr. H.R. 1094. A bill to amend the Federal Re- MCCARTHY of New York, Mr. MEEHAN, CUNNINGHAM, Mrs. TAUSCHER, Ms. serve Act to broaden the range of discount Mr. WEINER, Ms. JACKSON-LEE of ESHOO, Mr. KUYKENDALL, Mr. SHOWS, window loans which may be used as collat- Texas, Mrs. MALONEY of New York, Mrs. BONO, Mr. MCNULTY, Mr. SES- eral for Federal reserve notes; to the Com- Mr. WYNN, Mr. MENENDEZ, Mrs. MEEK SIONS, Mr. FROST, Mr. SAM JOHNSON mittee on Banking and Financial Services. of Florida, Mrs. LOWEY, Mr. NADLER, of Texas, Mr. THOMPSON of California, By Mr. LEACH (for himself, Mr. LA- Mr. CONYERS, Ms. MILLENDER-MCDON- Mr. KANJORSKI, Ms. DUNN, Mr. LEWIS FALCE, Mr. BACHUS, Ms. WATERS, Mr. ALD, Mr. JACKSON of Illinois, and Mr. of California, Mr. RAMSTAD, Mr. BEREUTER, Mr. FRANK of Massachu- DAVIS of Illinois): HERGER, Mrs. NAPOLITANO, Mr. DOO- setts, Mr. WOLF, and Mr. HALL of H.R. 1086. A bill to reform the manner in LITTLE, Mr. PACKARD, Mr. BILBRAY, Ohio): which firearms are manufactured and dis- Mr. CONDIT, Mr. RADANOVICH, and Mr. H.R. 1095. A bill to require the United tributed by providing an incentive to State POMBO): States to take action to provide bilateral and local governments to bring claims for H.R. 1092. A bill to amend the Internal Rev- debt relief, and improve the provision of the rising costs of gun violence in their com- enue Code of 1986 to more accurately codify multilateral debt relief, in order to give a munities; to the Committee on the Judici- the depreciable life of semiconductor manu- fresh start to poor countries; to the Com- ary. facturing equipment; to the Committee on mittee on International Relations, and in ad- By Mr. GALLEGLY: Ways and Means. dition to the Committee on Banking and Fi- H.R. 1087. A bill to require the relocation By Mr. KILDEE (for himself, Mr. NEY, nancial Services, for a period to be subse- of a National Weather Service radar tower Mr. ABERCROMBIE, Mr. ACKERMAN, quently determined by the Speaker, in each which is on Sulphur Mountain near Ojai, Mr. ALLEN, Mr. BAIRD, Mr. BALDACCI, case for consideration of such provisions as California; to the Committee on Science. Mr. BARCIA, Mr. BARRETT of Wis- fall within the jurisdiction of the committee By Mr. GILCHREST: consin, Mr. BERMAN, Mr. concerned. H.R. 1088. A bill to amend title XVIII of the BLAGOJEVICH, Mr. BLUMENAUER, Mr. By Mrs. LOWEY (for herself, Ms. Social Security Act to eliminate the budget BOEHLERT, Mr. BONIOR, Mr. BORSKI, DELAURO, Mr. SHAYS, Mr. LEWIS of neutrality adjustment factor used in calcu- Mr. BOSWELL, Mr. BOYD, Mr. BRADY Georgia, Ms. PELOSI, Mr. KENNEDY of lating the blended capitation rate for of Pennsylvania, Ms. BROWN of Flor- Rhode Island, Mr. ACKERMAN, Mr. Medicare+Choice organizations and to accel- ida, Mr. BROWN of California, Mr. FROST, Mr. MEEHAN, and Mr. CROW- erate the transition to the 50:50 blended rate BROWN of Ohio, Mr. CAMPBELL, Mrs. LEY): in 2000; to the Committee on Ways and CAPPS, Mr. CAPUANO, Mr. CLAY, Mrs. H.R. 1096. A bill to amend the Federal Means, and in addition to the Committee on CLAYTON, Mr. COYNE, Mr. CRAMER, Water Pollution Control Act to provide spe- Commerce, for a period to be subsequently Mr. CROWLEY, Mr. DAVIS of Florida, cial funding to States for implementation of determined by the Speaker, in each case for Mr. DAVIS of Virginia, Mr. DEFAZIO, national estuary conservation and manage- consideration of such provisions as fall with- Mr. DELAHUNT, Ms. DELAURO, Mr. ment plans, and for other purposes; to the in the jurisdiction of the committee con- DEUTSCH, Mr. DIAZ-BALART, Mr. Committee on Transportation and Infra- cerned. DICKS, Mr. DOYLE, Mr. DUNCAN, Mr. structure. By Mr. GILLMOR (for himself, Mr. ENGEL, Mr. ENGLISH, Mr. FARR of By Mr. NEAL of Massachusetts: OXLEY, Mr. MARKEY, Mr. TOWNS, Mr. California, Mr. FATTAH, Mr. FILNER, H.R. 1097. A bill to amend the Internal Rev- WHITFIELD, Mr. LARGENT, Mr. WAX- Mr. FOLEY, Mr. FORBES, Mr. FORD, enue Code of 1986 to simplify the $500 per MAN, Mr. DEAL of Georgia, Mr. BURR Mr. FROST, Mr. GALLEGLY, Mr. child tax credit and other individual non-re- of North Carolina, Mr. TAUZIN, and GEJDENSON, Mr. GILMAN, Mr. GON- fundable credits by repealing the complex Mr. HALL of Texas): ZALEZ, Mr. GREEN of Texas, Mr. limitations on the allowance of those credits H.R. 1089. A bill to require the Securities GUTIERREZ, Mr. HINOJOSA, Mr. resulting from their interaction with the al- and Exchange Commission to require the im- HOLDEN, Mr. HOYER, Ms. KAPTUR, Mr. ternative minimum tax; to the Committee proved disclosure of after-tax returns regard- KENNEDY of Rhode Island, Mr. KIND of on Ways and Means. ing mutual fund performance, and for other Wisconsin, Mr. KING of New York, By Mr. NEY: purposes; to the Committee on Commerce. Mr. KLECZKA, Mr. KLINK, Mr. H.R. 1098. A bill to amend title 10, United By Mr. GREEN of Texas (for himself, KUCINICH, Mr. LAMPSON, Mr. LANTOS, States Code, to require an annual report by Mr. TOWNS, Mr. LATOURETTE, Mr. Mr. LATOURETTE, Ms. LEE, Mr. LEWIS the Secretary of Defense on the military ca- SHOWS, Mr. MEEHAN, Mr. GONZALEZ, of Georgia, Mr. LOBIONDO, Ms. pabilities of the People’s Republic of China; Mr. FROST, Mr. PALLONE, Mr. NAD- LOFGREN, Mrs. LOWEY, Mr. LUTHER, to the Committee on Armed Services. LER, Mrs. MALONEY of New York, Mr. Mr. MCDERMOTT, Mr. MCGOVERN, Mr. By Mr. OWENS (for himself, Mr. HILL- BENTSEN, Ms. DELAURO, Mrs. KELLY, MALONEY of Connecticut, Mr. MAR- IARD, Ms. MCKINNEY, and Mr. SAND- Mr. LAFALCE, Mr. RODRIGUEZ, Mrs. TINEZ, Mr. MASCARA, Mrs. MEEK of ERS): MINK of Hawaii, Mr. RAHALL, Mr. Florida, Mr. METCALF, Ms. H.R. 1099. A bill to amend the Internal Rev- FOLEY, Mr. WALSH, Mr. WYNN, Mr. MILLENDER-MCDONALD, Mr. GEORGE enue Code of 1986 to provide more revenue for KOLBE, and Mrs. EMERSON): MILLER of California, Mrs. MINK of the Social Security system by imposing a H.R. 1090. A bill to amend title XVIII of the Hawaii, Mrs. MORELLA, Mr. NEAL of tax on certain unearned income and to pro- Social Security Act to exclude cancer treat- Massachusetts, Ms. NORTON, Mr. vide tax relief for more than 80,000,000 indi- ment services from the prospective payment OBERSTAR, Mr. OLVER, Mr. OWENS, viduals and families who pay more in Social system for hospital outpatient department Mr. PALLONE, Mr. PASCRELL, Mr. Security taxes than income taxes by reduc- services under the Medicare Program; to the PASTOR, Mr. PAYNE, Mr. QUINN, Mr. ing the rate of the old age, survivors, and Committee on Commerce, and in addition to RAHALL, Mr. RAMSTAD, Mr. REYES, disability insurance Social Security payroll the Committee on Ways and Means, for a pe- Ms. RIVERS, Ms. ROS-LEHTINEN, Mr. tax; to the Committee on Ways and Means. riod to be subsequently determined by the ROTHMAN, Mrs. ROUKEMA, Mr. RUSH, By Mr. POMBO: Speaker, in each case for consideration of Mr. SANDERS, Mr. SANDLIN, Mr. SAW- H.R. 1100. A bill to correct an oversight in such provisions as fall within the jurisdic- YER, Mr. SHERMAN, Mr. SHOWS, Ms. earlier legislation by directing the National tion of the committee concerned. SLAUGHTER, Mr. SNYDER, Ms. Park Service to grant to three individuals a By Mr. HULSHOF: STABENOW, Mr. STARK, Mr. STRICK- right of use and occupancy of certain prop- H.R. 1091. A bill to amend the Social Secu- LAND, Mr. STUPAK, Mr. SUNUNU, Mrs. erty on Santa Cruz Island; to the Committee rity Act to expand the availability of health TAUSCHER, Mrs. THURMAN, Mr. on Resources. care coverage for working individuals with TIERNEY, Mr. TOWNS, Mr. TRAFICANT, H.R. 1101. A bill to amend the Endangered diabilities, to establish a Ticket to Work and Mr. VENTO, Mr. WALSH, Mr. WAXMAN, Species Act of 1973 to improve the ability of Self-Sufficiency Program in the Social Secu- Mr. WELDON of Pennsylvania, Mr. individuals and local, State, and Federal rity Administration to provide beneficiaries WELLER, Mr. WEYGAND, Mr. WEXLER, agencies to prevent natural flood disaster; to with disabilities meaningful opportunities to Ms. WOOLSEY, Mr. WYNN, and Mr. the Committee on Resources. work, and for other purposes; to the Com- YOUNG of Alaska): By Mr. PORTMAN (for himself, Mr. mittee on Ways and Means, and in addition H.R. 1093. A bill to provide collective bar- CARDIN, Mrs. JOHNSON of Con- to the Committee on Commerce, for a period gaining rights for public safety officers em- necticut, Mr. HOUGHTON, Mr. LEWIS of to be subsequently determined by the Speak- ployed by States or their political subdivi- Georgia, Mr. WELLER, Mr. TANNER,

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Mr. BLUNT, Mr. BOEHNER, Mr. POM- SHADEGG, Mr. ADERHOLT, Mr. AN- By Mr. ROHRABACHER (for himself, EROY, Mr. BENTSEN, Mr. KOLBE, Mrs. DREWS, Mr. ARCHER, Mr. ARMEY, Mr. Mr. DELAY, Mr. GEJDENSON, Mr. LAN- MORELLA, Mr. NUSSLE, Mr. MCCRERY, BACHUS, Mr. BAKER, Mr. BALLENGER, TOS, Mr. COX, Mr. BURTON of Indiana, and Mr. RAMSTAD): Mr. BARR of Georgia, Mr. BARTLETT Mr. BROWN of Ohio, Mr. SMITH of New H.R. 1102. A bill to provide for pension re- of Maryland, Mr. BASS, Mrs. BIGGERT, Jersey, Ms. ROS-LEHTINEN, Mr. form, and for other purposes; to the Com- Mr. BILBRAY, Mr. BRADY of Texas, HUNTER, Mr. CHABOT, and Mr. mittee on Ways and Means, and in addition Mr. BILIRAKIS, Mr. BLILEY, Mr. TANCREDO): to the Committees on Education and the BLUNT, Mr. BOEHNER, Mr. BONILLA, H. Con. Res. 53. A concurrent resolution Workforce, and Government Reform, for a Mr. BRYANT, Mr. BURR of North Caro- concerning the Taiwan Relations Act; to the period to be subsequently determined by the lina, Mr. BURTON of Indiana, Mr. CAL- Committee on International Relations. Speaker, in each case for consideration of LAHAN, Mr. CALVERT, Mr. CANNON, By Mr. CROWLEY (for himself, Mr. such provisions as fall within the jurisdic- Mr. CASTLE, Mr. CHABOT, Mr. KING of New York, Mr. SHOWS, Mr. tion of the committee concerned. CHAMBLISS, Mrs. CHENOWETH, Mr. HOLDEN, Mr. BROWN of California, Mr. By Mr. RANGEL (for himself, Mr. COBURN, Mr. COLLINS, Mr. COMBEST, DELAHUNT, Mr. BRADY of Pennsyl- STARK, Mr. QUINN, Mr. WALSH, Mr. Mr. COOK, Mr. COOKSEY, Mr. COX, Mr. vania, Mrs. MINK of Hawaii, Mr. ACKERMAN, Mrs. CHRISTENSEN, Mr. CRANE, Mrs. CUBIN, Mr. CUNNINGHAM, CUMMINGS, Mr. MEEHAN, Mr. MOAK- DOYLE, Mr. FATTAH, Mr. FROST, Mr. Ms. DANNER, Mr. DEAL of Georgia, LEY, Mr. HORN, Mr. CLAY, Mrs. HINCHEY, Mr. HOLDEN, Mr. JENKINS, Mr. DELAY, Mr. DEMINT, Mr. DICKEY, MCCARTHY of New York, Mr. LAHOOD, Ms. KILPATRICK, Mr. KLINK, Mr. LA- Mr. DOOLITTLE, Mr. DUNCAN, Ms. Mr. QUINN, Mr. WEINER, Ms. LOFGREN, FALCE, Mr. LEWIS of Georgia, Mrs. DUNN, Mrs. EMERSON, Mr. ENGLISH, Mr. BERMAN, Mr. DEUTSCH, Mrs. MALONEY of New York, Mr. MASCARA, Mr. EVERETT, Mr. FOLEY, Mr. MALONEY of New York, Mr. KUCINICH, Mr. MATSUI, Ms. MCCARTHY of New FORBES, Mr. FOSSELLA, Mrs. FOWLER, Mr. GUTIERREZ, Mr. DINGELL, Mrs. York, MCDERMOTT, Mr. MCGOVERN, Mr. FRANKS of New Jersey, Mr. MORELLA, Mr. SESSIONS, Mr. DIAZ- Ms. SLAUGHTER, Mr. MCNULTY, Mr. FRELINGHUYSEN, Mr. GALLEGLY, Mr. BALART, Mr. MCDERMOTT, Mr. WAX- NADLER, Mr. PASTOR, Mr. SERRANO, GIBBONS, Mr. GILMAN, Mr. GOOD- MAN, Mr. SNYDER, Mr. ABERCROMBIE, Mrs. THURMAN, Mr. TOWNS, and Ms. LATTE, Mr. GOODLING, Mr. GRAHAM, Mr. SWEENEY, Mr. LAZIO, Mr. FOLEY, VELA´ ZQUEZ): Ms. GRANGER, Mr. GREEN of Wis- Mr. ENGEL, Mr. CAPUANO, Ms. ESHOO, H.R. 1103. A bill to amend title XVIII of the consin, Mr. GREENWOOD, Mr. HANSEN, Mr. MCGOVERN, Mr. FORD, Mr. Social Security Act to carve out from pay- Mr. HASTINGS of Washington, Mr. CUNNINGHAM, Mr. LATOURETTE, Mr. AYWORTH EFLEY ments to Medicare+Choice organizations H , Mr. H , Mr. BARRETT of Wisconsin, Mr. CLEMENT, HILLEARY, Mr. HOEKSTRA, Mr. HORN, amounts attributable to disproportionate Mr. REYNOLDS, Mr. DOYLE, Mrs. ROU- Mr. HULSHOF, Mr. HUNTER, Mr. share hospital payments and pay such KEMA, Mr. WALSH, Mr. MCHUGH, Mr. ISTOOK, Mr. JENKINS, Mr. JOHN, Mr. amounts directly to those disproportionate GEJDENSON, Mr. BOUCHER, Mr. NEAL share hospitals in which their enrollees re- SAM JOHNSON of Texas, Mr. JONES of of Massachusetts, Mr. THOMPSON of ceive care; to the Committee on Ways and North Carolina, Mr. KASICH, Mrs. Mississippi, Mr. RAHALL, Mr. MORAN Means, and in addition to the Committee on KELLY, Mr. KNOLLENBERG, Mr. of Virginia, Mr. VENTO, Mr. KENNEDY Commerce, for a period to be subsequently LAHOOD, Mr. LARGENT, Mr. LATHAM, of Rhode Island, Mrs. KELLY, and Mr. determined by the Speaker, in each case for Mr. LATOURETTE, Mr. LAZIO, Mr. LARSON): LEWIS of Kentucky, Mr. LINDER, Mr. consideration of such provisions as fall with- H. Con. Res. 54. A concurrent resolution in the jurisdiction of the committee con- LUCAS of Oklahoma, Mr. MANZULLO, recognizing the historic significance of the cerned. Mr. MCCOLLUM, Mr. MCCRERY, Mr. first anniversary of the Good Friday Peace By Mr. SWEENEY: MCINNIS, Mr. MCINTOSH, Mr. MCIN- Agreement; to the Committee on Inter- H.R. 1104. A bill to authorize the Secretary TYRE, Mr. MCKEON, Mr. METCALF, Mr. national Relations. of the Interior to transfer administrative ju- MICA, Mr. MILLER of Florida, Mr. By Mr. GOODLING: risdiction over land within the boundaries of GARY MILLER of California, Mrs. H. Res. 108. A resolution designating ma- the Home of Franklin D. Roosevelt National MYRICK, Mr. NETHERCUTT, Mr. NEY, jority membership on certain standing com- Historic Site to the Archivist of the United Mrs. NORTHUP, Mr. NORWOOD, Mr. mittees of the House; considered and agreed States for the construction of a visitor cen- OXLEY, Mr. PACKARD, Mr. PAUL, Mr. to. ter; to the Committee on Resources. PEASE, Mr. PETERSON of Pennsyl- By Mr. FOLEY: By Mr. THOMPSON of California (for vania, Mr. PICKERING, Mr. PITTS, Mr. H. Res. 109. A resolution expressing the himself, Mr. OSE, Mr. DOOLEY of Cali- POMBO, Mr. PORTER, Mr. PORTMAN, sense of the House of Representatives that a fornia, and Mr. RADANOVICH): Ms. PRYCE of Ohio, Mr. QUINN, Mr. commemorative postage stamp should be H.R. 1105. A bill to amend the Internal Rev- RADANOVICH, Mr. RAMSTAD, Mr. issued recognizing the 4–H Youth Develop- enue Code of 1986 to provide that transfers of RILEY, Mr. ROGAN, Mr. ROHRABACHER, ment Program’s centennial; to the Com- family-owned business interests shall be ex- Mr. ROYCE, Mr. RYAN of Wisconsin, mittee on Government Reform. empt from estate taxation; to the Committee Mr. SALMON, Mr. SANFORD, Mr. By Mr. GALLEGLY (for himself, Mr. on Ways and Means. SAXTON, Mr. SENSENBRENNER, Mr. MENENDEZ, Mr. ACKERMAN, Mr. By Mrs. THURMAN (for herself, Mrs. SESSIONS, Mr. SCARBOROUGH, Mr. BALLENGER, Ms. ROS-LEHTINEN, Mr. FOWLER, Ms. BROWN of Florida, Mr. SCHAFFER, Mr. SHIMKUS, Mr. SHU- DIAZ-BALART, and Ms. ROYBAL-AL- MICA, Mr. BILIRAKIS, Mr. BOYD, Mr. STER, Mr. SKEEN, Mr. SMITH of New LARD): COLLINS, Mr. DAVIS of Florida, Mr. Jersey, Mr. SMITH of Texas, Mr. H. Res. 110. A resolution congratulating DEAL of Georgia, Mr. DEUTSCH, Mr. SMITH of Michigan, Mr. SOUDER, Mr. the Government and the people of the Repub- FOLEY, Mr. HASTINGS of Florida, Mr. SPENCE, Mr. STEARNS, Mr. STUMP, lic of El Salvador on successfully completing LEWIS of Georgia, Mr. MCCOLLUM, Mr. SUNUNU, Mr. SWEENEY, Mr. TAL- free and democratic elections on March 7, Mrs. MEEK of Florida, Mr. SHAW, Mr. ENT, Mr. TAUZIN, Mr. TANCREDO, Mr. 1999; to the Committee on International Re- STEARNS, and Mr. YOUNG of Florida): TAYLOR of North Carolina, Mr. lations. H.R. 1106. A bill to authorize the Adminis- THUNE, Mr. TOOMEY, Mr. UPTON, Mr. By Mr. MEEKS of New York (for him- trator of the Environmental Protection WALDEN of Oregon, Mr. WAMP, Mr. self, Mr. CONYERS, Mr. HILLIARD, Mrs. Agency to make grants to State agencies WATKINS, Mr. WATTS of Oklahoma, CHRISTENSEN, Ms. NORTON, Mr. WYNN, with responsibility for water source develop- Mr. WELDON of Pennsylvania, Mr. Mr. JEFFERSON, Mr. RUSH, Mr. FORD, ment for the purpose of maximizing avail- WELDON of Florida, Mr. WELLER, and Mrs. MINK of Hawaii, Mrs. CLAYTON, able water supply and protecting the envi- Mr. YOUNG of Alaska): ronment through the development of alter- H. J. Res. 37. A joint resolution proposing Mrs. JONES of Ohio, Ms. SCHAKOWSKY, native water sources; to the Committee on an amendment to the Constitution of the Mr. JACKSON of Illinois, Mr. STARK, Transportation and Infrastructure. United States with respect to tax limita- Mr. SANDLIN, Mr. BRADY of Pennsyl- By Mr. WATKINS: tions; to the Committee on the Judiciary. vania, Mr. KILDEE, Ms. VELA´ ZQUEZ, H.R. 1107. A bill to amend title II of the So- By Mr. HOYER (for himself, Mr. HYDE, Ms. LEE, Mr. CUMMINGS, Ms. BROWN cial Security Act to waive the waiting period Mr. FRANK of Massachusetts, Mr. of Florida, Mr. HASTINGS of Florida, otherwise required for diability beneficiaries BERMAN, Mr. SENSENBRENNER, Mr. Mr. OBERSTAR, Mr. DIXON, Mr. in the case of individuals suffering from ter- SABO, and Mr. PALLONE): UNDERWOOD, Mr. CLAY, Mr. TOWNS, minal illnesses with not more than six H. J. Res. 38. A joint resolution proposing Mr. OWENS, and Mr. RANGEL): months to live; to the Committee on Ways an amendment to the Constitution of the H. Res. 111. A resolution expressing the and Means. United States repealing the twenty-second sense of the House of Representatives that By Mr. BARTON of Texas (for himself, article of amendment to the Constitution; to the Supreme Court of the United States Mr. HALL of Texas, Mr. GOODE, Mr. the Committee on the Judiciary. should improve its employment practices

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with regard to hiring more qualified minor- H.R. 483: Mr. FOLEY. Pennsylvania, Mrs. CHENOWETH, Mr. CAL- ity applicants to serve as clerks to the Jus- H.R. 488: Ms. PELOSI. VERT, Mr. HAYWORTH, Mr. PETRI, Mr. tices; to the Committee on the Judiciary. H.R. 516: Mr. PACKARD. HASTINGS of Washington, Mr. LEWIS of Ken- tucky, and Mr. SAM JOHNSON of Texas. f H.R. 555: Mr. DAVIS of Illinois and Mr. MEEKS of New York. H.R. 883: Mr. GUTKNECHT, Mr. HOBSON, Mr. ADDITIONAL SPONSORS TO PUBLIC H.R. 571: Mr. BURTON of Indiana. WATTS of Oklahoma, Mr. TALENT, Mr. BILLS AND RESOLUTIONS H.R. 574: Mr. SHOWS. MCCRERY, Mr. SALMON, and Mr. CHABOT. H.R. 889: Mrs. CLAYTON, Mr. KILDEE, Ms. H.R. 575: Mr. TOOMEY. Under clause 7 of rule XII, sponsors VELA´ ZQUEZ, Mr. WYNN, Mr. WALSH, Mr. H.R. 576: Ms. EDDIE BERNICE JOHNSON of were added to public bills and resolu- GREEN of Texas, Mr. UNDERWOOD, Ms. PRYCE Texas and Mr. INSLEE. of Ohio, and Ms. LOFGREN. tions as follows: H.R. 599: Mr. HINOJOSA and Mr. HILLIARD. H.R. 890: Mrs. CLAYTON, Mr. KILDEE, Ms. H.R. 8: Mr. ROHRABACHER and Mr. DOO- H.R. 622: Mrs. THURMAN, Mr. BOEHLERT, Mr. VELA´ ZQUEZ, Mr. WYNN, Mr. WALSH, Mr. LITTLE. MCHUGH, Mr. MASCARA, and Mr. WELLER. GREEN of Texas, Mr. UNDERWOOD, Ms. PRYCE H.R. 14: Mr. HOSTETTLER. H.R. 644: Ms. LEE. of Ohio, and Ms. LOFGREN. H.R. 21: Mr. PICKETT, Mr. HERGER, Mr. H.R. 645: Mr. GALLEGLY, Mr. SHOWS, Ms. H.R. 895: Mr. BILBRAY, Mrs. JOHNSON of SMITH of Washington, Mr. WELLER, Mr. BROWN of Florida, Mr. RUSH, Mr. INSLEE, and Connecticut, and Mr. HORN. PALLONE, Mr. DOOLEY of California, Mr. OSE, Ms. LOFGREN. H.R. 903: Mr. FOLEY. Mr. LEWIS of Kentucky, Mr. CRANE, Ms. H.R. 664: Mrs. CLAYTON. H.R. 925: Mr. BONIOR, Mr. WYNN, Mr. KIL- SANCHEZ, and Mr. DEAL of Georgia. H.R. 670: Mr. BAIRD and Ms. DANNER. DEE, Ms. ESHOO, Mr. LAMPSON, Ms. LOFGREN, H.R. 70: Mr. STUPAK, Mr. MALONEY of Con- H.R. 672: Mrs. JOHNSON of Connecticut, Mr. Ms. PELOSI, Mr. STRICKLAND, Mr. PAYNE, Mr. necticut, and Mr. FOSSELLA. TANNER, Mr. HOUGHTON, Mr. HERGER, Mr. DAVIS of Illinois, Mrs. TAUSCHER, and Mr. H.R. 90: Mr. HOLDEN, Mr. PALLONE, Mr. SAM JOHNSON of Texas, Mr. HAYWORTH, Mr. BLAGOJEVICH. DAVIS of Illinois, Mrs. CLAYTON, Mr. RAMSTAD, and Mr. MCCRERY. H.R. 959: Mr. MARKEY, Mr. PAYNE, Mr. LATOURETTE, and Mr. STUPAK. H.R. 678: Mr. DICKEY, Mrs. MYRICK, Mr. OLVER, Mr. SHOWS, Mr. MCDERMOTT, Mr. H.R. 111: Mr. ENGLISH, Mr. KLINK, Mr. GOODLATTE, Mr. ABERCROMBIE, Mr. GARY MEEHAN, MR. GEORGE MILLER of California, LUCAS of Oklahoma, Mr. POMEROY, Mr. MILLER of California, Mr. MALONEY of Con- Mr. BRADY of Pennsylvania, Mr. DELAHUNT, GREENWOOD, Ms. MCCARTHY of Missouri, and necticut, Mr. HILL of Indiana, Mr. Mr. PASTOR, Mr. BOUCHER, Mr. RUSH, Ms. Mr. UPTON. FALEOMAVAEGA, and Mr. NEY. BALDWIN, Mr. ORTIZ, Mr. WEINER, Mr. UNDER- H.R. 120: Mr. STUPAK, Mr. NEY, Mr. SHOWS, H.R. 709: Mr. RANGEL, Ms. NORTON, Ms. WOOD, Mr. CONYERS, Mr. FILNER, Mr. Mr. BOUCHER, Mr. BACHUS, Mr. LAHOOD, Mr. LOFGREN, Mr. LUTHER, Mr. MCGOVERN, Mr. TIERNEY, Mr. FRANK of Massachusetts, Ms. STEARNS, and Mrs. WILSON. DEFAZIO, Mr. FROST, and Mr. WU. DELAURO, and Mr. HALL of Ohio. H.R. 122: Mr. SHOWS. H.R. 710: Mr. BOSWELL, Mr. LEACH, Mr. H.R. 979: Mr. HOUGHTON, Mr. PETERSON of H.R. 127: Mr. CROWLEY and Mr. RANGEL. GRAHAM, Mr. HILL of Montana, Mr. NUSSLE, Pennsylvania, Mr. BOYD, Mr. THOMPSON of H.R. 175: Mr. JENKINS, Mr. WAMP, Mr. LI- Mr. BRADY of Texas, and Mr. METCALF. California, Mr. PETERSON of Minnesota, Mr. PINSKI, Ms. KILPATRICK, Mr. UDALL of Colo- BRADY of Pennsylvania, Mr. ABERCROMBIE, H.R. 731: Ms. ROS-LEHTINEN and Mr. ABER- rado, Mr. LARSON, Mr. LANTOS, Mrs. MYRICK, Mr. KUCINICH, Mr. SHOWS, and Mr. BROWN of CROMBIE. Mr. SUNUNU, Mr. SIMPSON, Mr. NETHERCUTT, Ohio. H.R. 732: Mr. STRICKLAND, Mr. LUTHER, Mr. Mr. DAVIS of Florida, Mrs. ROUKEMA, Mr. H.R. 984: Mr. JEFFERSON. CROWLEY, Mr. PASCRELL, Mr. RODRIGUEZ, Mr. BACHUS, Mr. MANZULLO, Mr. BLAGOJEVICH, H.R. 987: Mr. TALENT and Mr. BACHUS. FRANKS of New Jersey, and Mr. STUPAK. Mr. ADERHOLT, Mr. BARCIA, Mr. BISHOP, Mr. H.R. 991: Mrs. TAUSCHER and Mr. UNDER- H.R. 771: Mr. JENKINS and Mr. MURTHA. ANDREWS, Mr. FILNER, Mr. TANCREDO, Mr. WOOD. H.R. 773: Ms. LOFGREN, Mr. STENHOLM, Mr. HILLIARD, Mr. DOYLE, and Mr. MOORE. H.R. 996: Mrs. THURMAN, Ms. HOOLEY of Or- HILL of Indiana, Mr. LUCAS of Kentucky, Mr. H.R. 205: Mr. DEAL of Georgia. egon, Mr. UDALL of Colorado, Mr. SANDERS, UDALL of Colorado, Mr. KILDEE, Mr. MATSUI, H.R. 220: Mr. GOODLING. Mr. HILLIARD, Mr. HOLT, and Mr. MOAKLEY. Mr. DAVIS of Illinois, Mr. MENENDEZ, Mr. H.R. 275: Mr. BURTON of Indiana. H.R. 997: Mr. FOLEY, Mrs. KELLY, and Mrs. ROTHMAN, Mr. HOLDEN, Mr. BEREUTER, Mr. H.R. 306: Mr. CARDIN, Mr. DICKS, Mr. MORELLA. HORN, Mr. HOBSON, Mr. BASS, and Mrs. FOLEY, Mr. HOYER, Mr. MATSUI, Mr. MOORE, H.R. 999: Mrs. KELLY. KELLY. Mr. RAHALL, and Ms. SANCHEZ. H.R. 1000: Mr. DICKEY, Mr. TRAFICANT, Mr. H.R. 777: Mr. PAYNE. H.R. 323: Mr. UDALL of Colorado, Mr. HOLDEN, Mr. LATOURETTE, Mr. KLINK, Mr. H.R. 789: Mr. KING of New York and Mr. DOYLE, Mr. WYNN, Mr. SENSENBRENNER, Mr. COSTELLO, Mrs. TAUSCHER, Mr. MORAN of RANGEL. FORBES, Mr. BLAGOJEVICH, Mr. BURR of North Kansas, Mr. BLUMENAUER, Mr. COOKSEY, Mr. H.R. 798: Mr. NADLER, Ms. NORTON, and Mr. Carolina, Mrs. NORTHUP, and Mr. STUMP. RAHALL, Mr. BASS, Ms. BROWN of Florida, Mr. MATSUI. H.R. 351: Mr. THUNE. DOOLITTLE, Mr. BOSWELL, Mr. TAUZIN, Mr. LINK H.R. 357: Mr. JACKSON of Illinois. H.R. 804: Mr. K . LAMPSON, Mr. BEREUTER, Ms. MILLENDER- MCDONALD, Mr. KUYKENDALL, Ms. NORTON, H.R. 362: Mr. WYNN and Mr. MCNULTY. H.R. 815: Mr. CONYERS. Mr. ISAKSON, and Mr. EHLERS. H.R. 363: Mr. MCGOVERN, Mrs. EMERSON, H.R. 832: Mr. TIERNEY and Mr. SANDLIN. H.R. 1002: Mr. DOOLITTLE. Mr. WYNN, and Mrs. CAPPS. H.R. 833: Mr. ADERHOLT and Mr. JENKINS. H.R. 1011: Mr. FRANK of Massachusetts. H.R. 364: Mr. WYNN. H.R. 835: Mr. GOODLING, Mr. THOMAS, Mr. H.R. 1015: Mr. DIXON and Mr. GEORGE MIL- H.R. 365: Mr. WYNN. GEPHARDT, Mr. OSE, and Mr. HINOJOSA. LER of California. H.R. 366: Mr. WYNN. H.R. 837: Ms. DEGETTE, Ms. WATERS, Ms. H.R. 1022: Mr. COSTELLO, Ms. LOFGREN, and H.R. 380: Mr. MEEHAN, Mr. MCGOVERN, Mr. RIVERS, Mr. GUTIERREZ, Mr. FALEOMAVAEGA, Mr. BERMAN. SHUSTER, and Mr. FORBES. Ms. VELA´ ZQUEZ, Mr. SCOTT, and Ms. H.R. 1030: Mr. FARR of California. LOFGREN. H.R. 399: Ms. DELAURO and Mr. ABER- H.R. 1034: Mr. PICKETT. H.R. 850: Mr. CALVERT and Ms. SLAUGHTER. CROMBIE. H.R. 1062: Mr. BLAGOJEVICH and Mrs. H.R. 851: Mr. LATOURETTE, Mr. OLVER, Mr. H.R. 405: Mr. ALLEN, Mr. OSE, and Mr. MORELLA. RUSH, Mr. EHRLICH, Mr. WALSH, Mr. BARCIA, GRAHAM. H.J. Res. 25: Mrs. MYRICK, Mr. BARRETT of Mr. SMITH of Michigan, Mr. REYES, Mr. H.R. 406: Mr. SUNUNU, Mr. ADERHOLT, Mr. Nebraska, Mr. SWEENEY, Mr. HILL of Indiana, CAMPBELL, Mrs. KELLY, Mr. LAMPSON, Mr. BLUMENAUER, and Mr. RADANOVICH. Mr. BRADY of Pennsylvania, and Mr. GEORGE MILLER of California, Mr. NORWOOD, H.R. 413: Mrs. ROUKEMA, Mr. PASTOR, Ms. HAYWORTH. Mr. CASTLE, Mr. DEAL of Georgia, and Mr. LOFGREN, Mr. LANTOS, Mrs. MEEK of Florida, H.J. Res. 34: Mrs. KELLY, Mr. HILL of Indi- THOMPSON of Mississippi. Mr. LUTHER, Mr. DICKS, Mr. UDALL of Colo- ana, and Mr. BOYD. rado, Mrs. JONES of Ohio, Mr. GEORGE MIL- H.R. 860: Mr. HOEFFEL. H. Con. Res. 8: Mrs. NORTHUP, Mr. MCGOV- LER of California, Mr. OBERSTAR, and Ms. H.R. 864: Mr. BALDACCI, Mrs. MYRICK, Mr. ERN, and Mr. KIND of Wisconsin. ESHOO. OLVER, Mr. BACHUS, Mr. DICKEY, Mr. FILNER, H. Con. Res. 24: Mr. VENTO, Mr. DAVIS of Il- H.R. 430: Mrs. CAPPS and Mr. NETHERCUTT. Mr. DAVIS of Florida, Mr. ADERHOLT, Mrs. linois, Mr. HYDE, Mr. MCKEON, and Ms. BALD- H.R. 434: Mr. PORTER and Mrs. MEEK of ROUKEMA, Mr. FROST, Mr. CLAY, Mr. AN- WIN. Florida. DREWS, Mr. BARCIA, Mr. TANCREDO, Mr. SIMP- H. Con. Res. 30: Mr. NETHERCUTT, Mr. NEY, H.R. 453: Mr. BROWN of California, Mr. SON, Mr. HILLIARD, and Mr. ROGERS. Mr. BURTON of Indiana, and Mr. PAUL. DOYLE, Mr. BARCIA, Mr. BALLENGER, Mr. H.R. 866: Mr. NEY. H. Con. Res. 31: Mr. MARTINEZ and Mr. GOODLATTE, Mr. BOUCHER, Mr. MOORE, Mrs. H.R. 878: Mr. RADANOVICH, Mr. HEFLEY, Mr. MALONEY of Connecticut. CLAYTON, and Mr. LATOURETTE. SKEEN, Mr. SCHAFFER, Mr. PETERSON of H. Res. 59: Mr. BLUNT.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00090 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.003 H11MR9 March 11, 1999 CONGRESSIONAL RECORD—HOUSE 4349 H. Res. 62: Mr. BERMAN, Mr. SMITH of Wash- H. Res. 102: Mr. METCALF, Mr. KING of New DELETIONS OF SPONSORS FROM ington, Mr. LANTOS, and Ms. MILLENDER- York, Mr. DELAY, Mr. FORBES, Mr. PITTS, PUBLIC BILLS AND RESOLUTIONS MCDONALD. Mr. COBURN, and Mr. LARGENT. Under clause 7 of rule XII, sponsors H. Res. 89: Ms. LOFGREN, Mr. NADLER, Mr. were deleted from public bills and reso- BALDACCI, and Mr. KING of New York. lutions as follows: H.R. 744: Mr. GEJDENSON.

VerDate jul 14 2003 11:57 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00091 Fmt 0688 Sfmt 0634 E:\BR99\H11MR9.003 H11MR9 4350 EXTENSIONS OF REMARKS March 11, 1999 EXTENSIONS OF REMARKS

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

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate jul 14 2003 11:59 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR99\E11MR9.000 E11MR9 March 11, 1999 EXTENSIONS OF REMARKS 4351 Garden Pavilion will be constructed in 1999, at Tougaloo was temporarily put on hold in a place in Europe and in the community of featuring a ballroom and meeting space which order for him to serve his country in the United democratic nations. will accommodate up to 299 guests. During States Army. After being discharged from the I regret that the Turkish government has re- the construction of the new Garden Pavilion, a service, he returned to Tougaloo College and fused to accept responsibility for or take steps Garden Tent will also be installed on the es- received his degree. to correct the problems that hold Turkey back tate. In the early 1960’s, Mr. Hawthorne moved from its potential positive role in the region In order to preserve, protect, and restore the to the Delta where he embarked on a 36-year and the world. Until such time as that govern- Dunsmuir estate, DHGI relies on memberships teaching and coaching career in the ment does make a genuine effort to address and financial donations as well as donations Hollandale School District in Hollandale, MS. these serious issues, the U.S. Congress must and loans of furniture, art, collectibles, books The highlight of Mr. Hawthorne’s career came continue to send a strong message by refus- and clothing from the turn-of-the-century. when he was inducted into the Mississippi As- ing to permit U.S. taxpayer funds to be squan- The Dunsmuir House is truly a source of sociation of Coaches Hall of Fame. Over the dered on an abusive government that refuses civic pride and a valuable resource for the 36-year span, Mr. Hawthorne compiled a foot- to conform itself to the basic international community, and I am excited to join in the ball record of 154–110–13 including several standards that we hold dear. I do not always celebration of the 100th anniversary of its es- conference and district championships. In ad- agree with the policies of the Administration tablishment. dition to coaching football, Mr. Hawthorne con- when it comes to Turkey, but I am pleased to f tributed to the boys and girls basketball teams note that there was not a request for eco- and the boys and girls track teams. The fruits nomic or military assistance for Turkey in the THREE-MONTH EXTENSION OF RE- of Mr. Hawthorne’s labor of love have resulted President’s budget for Fiscal Year 2000. I am ENACTMENT OF CHAPTER 12, in his athletes going on to become doctors, pleased that the Administration has finally TITLE 11, UNITED STATES CODE lawyers, teachers, politicians and successful come around to the view shared by a majority business persons. of the Members of the House of Representa- SPEECH OF Mr. Speaker, Mr. Hawthorne was truly an tives on this issue, and I am hopeful that this HON. PATSY T. MINK asset to the Second Congressional District of signals a new willingness on the part of the OF HAWAII Mississippi. He served as a pillar of strength Executive Branch to work with Members on a IN THE HOUSE OF REPRESENTATIVES and hope for young people in the Mississippi more constructive approach to improving Tur- Delta. If there ever was an example for a role key’s human rights practices. Tuesday, March 9, 1999 model, Mr. Hawthorne would certainly fit the f Mrs. MINK of Hawaii. Mr. Speaker, I rise in bill. He will be surely missed by all. HONORING ARTHUR O. EVANS strong support of H.R. 808, the Chapter 12 f Farm Bankruptcy Bill, of which I am a cospon- sor. CONTINUATION OF AID DENIAL HON. DALE E. KILDEE During the farm crisis of the 1980’s, Con- FOR TURKEY OF MICHIGAN gress recognized that the bankruptcy code IN THE HOUSE OF REPRESENTATIVES failed to address the needs of most family HON. JOHN EDWARD PORTER Thursday, March 11, 1999 farmers. In an effort to fill this void, Congress OF ILLINOIS in 1986 enacted Chapter 12 of the bankruptcy IN THE HOUSE OF REPRESENTATIVES Mr. KILDEE. Mr. Speaker, I stand before code providing relief designed specifically for you today to recognize the accomplishments Thursday, March 11, 1999 family farmers. Chapter 12 enabled family of a man who has made it his life’s work to farmers to reorganize their debt and continue Mr. PORTER. Mr. Speaker, I want to ex- protect and defend human dignity, and to en- to operate, rather than having to liquidate, press my support for the continuation of cur- sure the safety of our streets for our citizens when they declared bankruptcy. rent U.S. Policy regarding economic and mili- and our children. On March 12, friends and Chapter 12 is scheduled to expire in 3 tary assistance to the Government of Turkey. family will gather to honor the career of Arthur weeks, on April 1, 1999. The Chapter 12 Farm Over the past decade, I have worked tire- O. Evans, who is retiring after more than 30 Bankruptcy Bill, will extend Chapter 12 of the lessly, as a member of the House Appropria- years in law enforcement. bankruptcy code for 3 additional months and tions Committee to end the practice of pro- It is difficult to imagine what the Flint, MI continue this much needed bankruptcy option viding scarce U.S. foreign assistance dollars community would be like had it not been for until it can be made permanent with the bank- to abusive governments around the world. the influence of Art Evans, an influence which ruptcy reform legislation that will be heard Turkey is one example where sustained action began after he joined the Flint Police Depart- later this year. by concerned Members of Congress has had ment, following the end of his tenure as a Family farmers, the backbone of our coun- an important impact. In 1995, despite a de- member of the U.S. Air Force Air Police. Art try, deserve an opportunity to reorganize their plorable human rights record and consistently began his career as a police officer in 1968, debts and continue operating after they have poor relations with its neighbors, Turkey was and rose through the ranks becoming a ser- declared bankruptcy. I support H.R. 808 and the third largest recipient of U.S. foreign as- geant in 1974 and a lieutenant in 1984. During urge it’s immediate passage. sistance. Through the efforts of Congressman his tenure with the Flint police, Art served in f ANDREWS and many other concerned Mem- divisions such as the Criminal Investigation bers, we were able to end direct assistance to Bureau, Neighborhood Foot Patrol, and the In- TRIBUTE TO THE LATE ROBERT Turkey in fiscal year 1999. Today, I call upon spection Bureau. During this time, Art also at- HAWTHORNE Congress to maintain this policy as we begin tended Flint Junior College and Michigan working on the appropriations bills for the State University, earning degrees in Police Ad- HON. BENNIE G. THOMPSON coming fiscal year. ministration, Criminal Justice, and Criminal OF MISSISSIPPI The U.S. State Department and numerous Justice Education and Administration. For over IN THE HOUSE OF REPRESENTATIVES non-governmental organizations both in and 25 years, he also worked as a Criminal Jus- outside Turkey, have compiled a thorough tice instructor at the University of Michigan- Thursday, March 11, 1999 record of the serious human rights problems Flint, Saginaw Valley State University, and Mr. THOMPSON of Mississippi. Mr. Speak- that persist in Turkey to this day. The inter- Mott Community College. In February 1985, er, today I pay tribute to Mr. Robert J. Haw- national community has continuously ex- Art was appointed Undersheriff of Genesee thorne who passed away on February 19, pressed dismay with Turkey’s refusal to with- County, thereby giving him a larger jurisdiction 1999. Mr. Hawthorne was a motivator, educa- draw troops from Cyprus, its total rejection of and a greater opportunity for public service. tor, and served as a positive role model for any political solution to the Kurdish problem, Art has often been involved in groups such many of the youths in his community. and its ongoing mistreatment of the Kurds and as the Genesee County Association of Chiefs Mr. Hawthorne received his early education other minority groups. Unfortunately, Turkey of Police, Flint Area Crime Stoppers, National at Jackson Lanier High School. Upon comple- has done little to address these problems or Organization of Black Law Enforcement Ex- tion, he entered Tougaloo College, my alma move any closer to the standards of behavior ecutives, and the International Association of mater, in Tougaloo, MS. Mr. Hawthorne’s stay that are expected of a country which desires Chiefs of Police. He has worked to enhance

VerDate jul 14 2003 11:59 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR99\E11MR9.000 E11MR9 4352 EXTENSIONS OF REMARKS March 11, 1999 the quality of life for his constituents through nosed with cancer to help obtain the quality coverage to women who have been screened his involvement in groups such as Genesee treatment they deserve. The Breast and Cer- and diagnosed with breast and cervical cancer County Violence Prevention Coalition, Mott vical Cancer Treatment Act would allow through the CDC program. In my view, this bill Community College Criminal Justice Advisory women to focus their efforts on getting well in- is the best long-term solution. Congress needs Board, and the National Council on Alco- stead of worrying about how they or their fam- to ensure Americans that our government pro- holism. ily will be able to pay for their treatment. grams are working for them and that Congress Art has many times stepped from behind his Currently, screening services through this is making the right decisions. badge through his work with the Boy Scouts of CDC-administered program are provided to I am proud to introduce this critical piece of America, Bishop International Airport Authority, women who earn too much to be eligible for legislation in an effort to ensure that all and the YMCA. He has been General Chair- Medicaid but not enough for private insurance. women of all income levels will have access to person for the Untied Negro College Fund in The nine-year-old-program exists in 50 states, the screening and appropriate and quality Genesee County, President of the Urban in five U.S. territories, in the District of Colum- treatment to help combat this terrifying dis- League of Flint Board of Directors, and Presi- bia, and through 15 American Indian/Alaska ease. dent of the Flint Board of Education. Native organizations. f Mr. Speaker, many people in the Flint area, The CDC screening program is a terrific myself included, have greatly benefitted from success and has saved an untold number of INTRODUCTION OF THE BREAST Art Evans’ insight and experience. He has lives. Since its inception in 1990, the program AND CERVICAL CANCER TREAT- truly made Genesee County a better place in has provided more than 1.5 million screening MENT ACT OF 1999 which to live. I ask my colleagues in the 106th tests to women who might have otherwise not Congress to join me in congratulating him for had access to it. HON. ANNA G. ESHOO his dedication and commitment to justice. More than 700,000 mammograms have OF CALIFORNIA f been provided to primarily low-income women. IN THE HOUSE OF REPRESENTATIVES Of this number, over 48,000 of the tests were Thursday, March 11, 1999 PROVIDING FOR USE OF CATA- abnormal, and over 3,600 cases of breast FALQUE IN CRYPT BENEATH RO- cancer were diagnosed. In addition, through Ms. ESHOO. Mr. Speaker, I rise today to TUNDA OF CAPITOL IN CONNEC- the 850,000 cervical cancer screenings, more talk about two diseases we all hope to avoid TION WITH MEMORIAL SERVICES than 26,000 pre-cancerous lesions were de- but which often touches too many of our FOR THE LATE HONORABLE tected, and 400 women were diagnosed with lives—breast and cervical cancer. HARRY A. BLACKMUN, FORMER invasive cervical cancer. Mr. Speaker, breast and cervical cancer are ASSOCIATE JUSTICE OF THE SU- But frankly, screening and early detection killers. Breast cancer kills over 46,000 women PREME COURT OF THE UNITED are only half the battle. These proactive efforts each year and is the leading cause of death STATES must be coupled with a quality plan for follow- among women between 40 and 45. Cervical up treatment. As the CDC program works cancer will kill, 4,400 of our wives, daughters, SPEECH OF today, treatment for these women is—at mothers and sisters this year. HON. BILL LUTHER best—an ad hoc system. Women must rely on In 1990, Congress took the first step to fight breast and cervical cancer by passing the OF MINNESOTA a tremendous amount of time and effort from Breast and Cervical Cancer Mortality Preven- IN THE HOUSE OF REPRESENTATIVES volunteers, state workers, doctors, public hos- pitals, and others, to find appropriate treat- tion Act. This law authorized a breast and cer- Tuesday, March 9, 1999 ment services for their disease. Follow-up vical cancer-screening program for low-in- Mr. LUTHER. Mr. Speaker, I rise today to services are very rare, and 5% of women in come, uninsured or underinsured women pay tribute to the life and legacy of late Su- this program are never even treated. Con- through the Centers for Disease Control preme Court Justice Harry Blackmun. Ascend- gress needs to provide a plan that follows (CDC). ing from a modest St. Paul Childhood to the through for these women. This law was an important first step, but it Nation’s highest court, Mr. Blackmun served In my district of Long Island, the severity of was only a first step. While the current pro- the people of Minnesota for decades with his this problem is very real. My staff has dealt gram covers screening services, it does not meticulous yet open legal mind before dutifully with a number of women with varying issues cover treatment for women who are found to serving his Nation as Supreme Court Justice that stemmed from this loophole of care in the be positive through the program. The bill I am for 24 years. current system. introducing today with my colleagues, Rep- Reflective and courageous Justice Black- For example, one women from Suffolk resentatives LAZIO, CAPPS, and ROS-LEHTINEN, mun bore great personal burdens in order to County—while she was extremely grateful for takes the next critical step by providing life- translate the Constitution’s theory of liberty the screening programs available to her— saving treatment for these dreaded diseases. into fundamental guarantees for all people. He often referred to her treatment as ‘‘begging’’ Our bill, the Breast and Cervical Cancer was a genuine and humble public servant. His because she often had to get treatment any- Treatment Act of 1999, would establish an op- passing will be mourned by people every- where she could find it. tional state Medicaid benefit for the coverage where. Another constituent with breast cancer felt of certain women who were screened and di- f like her disease was ‘‘public’’ because she agnosed with breast or cervical cancer under found that the only way to get treatment as a the CDC National Breast and Cervical Cancer THE BREAST AND CERVICAL women in this situation is to tell every advo- Early Detection Program. CANCER TREATMENT ACT OF 1999 cate and every doctor about your situation—to Thankfully, Mr. Speaker, we possess the make these extraordinarily personal problems technology to detect and treat breast and cer- HON. RICK LAZIO public—in the hope that someone can find vical cancer. But we must pair this with the will OF NEW YORK what you need and help. to help women fight these diseases. The cur- IN THE HOUSE OF REPRESENTATIVES Finally, one women chose not to get tested rent method of providing treatment is through because she knew that treatment would not an ad hoc patchwork of providers, volunteers, Thursday, March 11, 1999 be guaranteed. This final example is what and local programs that often results in unpre- Mr. LAZIO of New York. Mr. Speaker, I rise frightens me the most—some women are dictable, delayed, or incomplete. Our bill would today to introduce legislation that will allow avoiding a screening that could save their life provide a consistent, reliable method of treat- states the option of providing Medicaid cov- because of the potential expense it might cost ment for uninsured and underinsured women erage to women who have been diagnosed them. fighting breast or cervical cancer. with breast and cervical cancer through the Seeing a need to complete this quality pro- Mr. Speaker, I am pleased to say that over federal government’s National Breast and Cer- gram, I joined with my colleagues Rep. ANNA 90 of my colleagues from both sides of the vical Cancer Early Detection Program ESHOO and Rep. ILEANA ROS-LEHTINEN, to aisle have already signed on to be original co- (NBCCEDP). sponsor The Breast and Cervical Cancer sponsors of the Breast and Cervical Cancer This bill would allow women who are Treatment Act of 1999. Our legislation will Treatment Act. These members who have screened through the CDC program and diag- allow states the option of providing Medicaid shown their support for this bill recognize that

VerDate jul 14 2003 11:59 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR99\E11MR9.000 E11MR9 March 11, 1999 EXTENSIONS OF REMARKS 4353 breast and cervical cancer are not only wom- H.R. 473—PROVIDING ASSISTANCE Mrs. West-Adams was born December 17, en’s diseases. For the son who has lost a TO FARMERS FOR CROP DIS- 1940 in Bolton, MS. She was the third of four mother, the husband who has lost a wife, or EASES AND VIRUSES children. Her education began in the elemen- the mother who has lost a daughter, this dis- tary and secondary schools of Hinds County ease is a family disease. HON. PATSY T. MINK Public School System. She went on to receive In the last decade we have made great OF HAWAII a Bachelor of Science Degree in Home Eco- strides in diagnosing and treating breast and IN THE HOUSE OF REPRESENTATIVES nomics from Alcorn College in Lorman, MS. She left Alcorn for Chicago after receiving cervical cancer. But the causes of these can- Thursday, March 11, 1999 cers remain unknown and for many women her degree. It was there where Lillian accept- how they will pay for their treatment remains Mrs. MINK of Hawaii. Mr. Speaker, I re- ed a teaching position with the Chicago Board unknown as well. Mr. Speaker, our hope is cently introduced H.R. 473, to ensure that of Education. It was also in Chicago where that Breast and Cervical Cancer Treatment farmers who suffer crop losses due to plant vi- she met and later married Mr. Lonnie E. Act will help change that. ruses and plant diseases are eligible for crop Adams. This union was blessed with one insurance and noninsured crop assistance daughter, Larissa J. Adams. Education and f programs and that agricultural producers who enriching the lives of young people became suffer such losses are eligible for emergency her lifelong commitment. IN HONOR OF AMELIA ASHLEY- loans. Mrs. West-Adams will always be remem- WARD, PUBLISHER OF SUN-RE- Pandemics of plant viruses and diseases bered as a warm and giving person. Whether PORTER PUBLISHING COMPANY regularly destroy the crops of entire farms and it was her family, friends or community, she BY THE SAN FRANCISCO NAACP often the crops of entire geographic areas. A was willing to go the extra mile. In closing Mr. single plant virus or disease outbreak can Speaker, I would like to say that Mrs. Lillian send farms into bankruptcy and farmers are West-Adams made a tremendous contribution HON. BARBARA LEE left without any means of recovering. Agri- to the future of America by imparting knowl- OF CALIFORNIA culture producers can qualify for emergency edge to countless numbers of young people. loans when adverse weather conditions and My prayers go out to her family. IN THE HOUSE OF REPRESENTATIVES other natural phenomena have caused severe f Thursday, March 11, 1999 physical crop property damage or production losses, however, under current law, crop vi- SENSE OF CONGRESS URGING Ms. LEE. Mr. Speaker, I rise in recognition ruses and diseases are not considered ‘‘nat- CRITICISM OF PEOPLE’S REPUB- of the honor bestowed upon Amelia Ashley- ural disasters’’ and thus are not eligible for LIC OF CHINA FOR HUMAN Ward by the San Francisco NAACP for her these types of loans. RIGHTS ABUSES IN CHINA AND outstanding career in the field of journalism. For example, in Hawaii, the State recently TIBET AT ANNUAL MEETING OF ordered the eradication of all banana plants on UNITED NATIONS COMMISSION Ms. Ashley-Ward is the publisher of the ON HUMAN RIGHTS Sun-Reporter Publishing Company and was the entire island of Kauai and in a 10 square- mile area on the Big Island in an effort to recently named ‘‘Publisher of the Year’’ by the SPEECH OF National Newspaper Publishers Association eradicate the banana ‘‘bunchy top’’ virus. A (NNPA). court order required compliance of all who did HON. JOHN EDWARD PORTER The Sun Reporter Publishing Company pub- not cooperate and farmers were ordered to OF ILLINOIS lishes nine weekly newspapers throughout destroy their entire farm and livelihood without IN THE HOUSE OF REPRESENTATIVES Northern California, including the Sun-Re- any compensation. These farmers do not qual- Tuesday, March 9, 1999 ify for emergency loans or disaster assistance porter, the California Voice and the Oakland Mr. PORTER. Mr. Speaker, I rise today in Metro Reporter. Through these various publi- and many were left with no other option but to sell their farms. strong support of H. Con. Res. 28. Congress cations the African-American community is must strongly signal the administration in urg- kept informed of issues affecting African- The survival of our Nation’s farmers is large- ly dependent upon the unpredictable temper of ing the United Nations to criticize China’s Americans politically, economically, and cul- human rights record. turally. mother nature. We provide our farmers with assistance when adversely affected by severe Let me start by thanking the gentleman from Ms. Ashley-Ward assumed control of the weather but that is not enough. Emergency New York (Mr. GILMAN) for bringing this reso- Sun-Reporter following the death of Dr. loans and disaster assistance must be made lution to the floor, and so many of my other Carlton Goodlett, its longtime leader. Since available to farmers for crops suffering from colleagues including the gentleman from Cali- then, she has revitalized the company and calamitous plant viruses and diseases. fornia (Mr. LANTOS), the gentleman from Vir- continued Dr. Goodlett’s crusade for social H.R. 473 would enable farmers to qualify for ginia (Mr. WOLF), and the gentlewoman from justice. crop insurance programs, noninsured assist- California (Ms. PELOSI) for their efforts to focus Ms. Ashley-Ward’s achievements in jour- ance programs, and low-interest emergency the attention of this body on the human rights nalism as a reporter, photo-journalist, Editor of loans, when devastated by crop losses due to situation in China. the California Voice, Managing Editor and now plant viruses and diseases. China recognizes the U.N. Declaration of Publisher of the Sun-Reporter are significant. I invite my colleagues to cosponsor this wor- Human Rights as does this great Nation of These awards include the 1997 Woman of the thy legislation and I urge immediate consider- ours. Unfortunately, China’s recognition of this Year designated by the San Francisco Black ation of H.R. 473 in the House. monumental document lives only on paper. Chamber of Commerce; the Leslie Urquhart f China has proven through its repeated mis- Community Service Award; and the leaders in treatment of its citizens, its continuing geno- Action Award in journalism. TRIBUTE TO LILLIAN WEST- cide in Tibet, and the lack of fundamental free- ADAMS dom of religion and expression that it does not Ms. Ashley-Ward is an executive board stand for the most basic of human rights. The member of the NAACP, serving as 2nd Vice United States must no longer accept China’s President. HON. BENNIE G. THOMPSON OF MISSISSIPPI defiance of the precepts of the U.N. Declara- Ms. Ashley-Ward is also the Founding IN THE HOUSE OF REPRESENTATIVES tion on Human Rights, which the rest of the President of the Young Adult Christian Move- international community accepts and lives by. ment, which is an outreach organization that Thursday, March 11, 1999 China is witnessing the worst crackdown on discusses faith and how to make one’s life Mr. THOMPSON of Mississippi. Mr. Speak- dissent since the days immediately following better spiritually. er, today I pay tribute in memory of a dear the Tiananmen Square massacre. Since this I want to join with the NAACP and with friend who recently passed away, Mrs. Lillian crackdown began in November, the United community leaders throughout the Bay Area West-Adams. Mrs. West-Adams was indeed a States along with the international community and the nation to pay tribute to the work and friend to me and many people in her commu- has done little to condemn China. When three legacy of Ms. Amelia Ashley-Ward. nity and will be missed by all. prominent dissidents were given absurd prison

VerDate jul 14 2003 11:59 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR99\E11MR9.000 E11MR9 4354 EXTENSIONS OF REMARKS March 11, 1999 sentences for their efforts to register the China also served as president of the Oakland Coun- full force for this talented musical group and Democracy Party, there was barely a sound ty Ministerial Fellowship. Not limiting his good made the new uniforms a reality. from our administration. When a leading labor deeds to the State of Michigan, he and his I ask members to join me in congratulating activist was arrested for giving an interview on family have been instrumental in food and this special group on their musical successes. Radio Free Asia, there was hardly a word. clothing drives benefitting needy individuals f When a computer entrepreneur was arrested throughout the country. THE PUBLIC SAFETY EMPLOYER- for selling e-mail addresses to a magazine Mr. Speaker, when Pontiac became a part EMPLOYEE COOPERATION ACT which promotes democracy, the silence was of my district, I was told by many that the first OF 1999 deafening. While brave warriors for democracy person I should meet was Pastor Eddie sit in jail or labor in work camps, the adminis- McDonald. This advice proved to be beneficial tration has declined to stand up for these peo- because from it, I gained a resource, an ally, HON. ROBERT W. NEY ple and for the principle they embody. China’s a confidant, and most importantly, a friend. My OF OHIO actions are indefensible; it is time our Nation sincerest condolences go out to his wonderful IN THE HOUSE OF REPRESENTATIVES stands up and shows China that its actions wife, Mary, their extended family, and the con- Thursday, March 11, 1999 are unacceptable and the international com- gregation of Friendship Missionary Baptist Mr. NEY. Mr. Speaker, I rise today in sup- munity is watching. Church. He will be sorely missed. port of the Public Safety Employer-Employee Promotion and preservation of basic human f Cooperation Act of 1999, a bill I proudly re-in- rights is an issue for the entire international troduce with the gentleman from Michigan, Mr. TRIBUTE TO MAYOR THOMAS A. community—it is not China’s internal matter. I KILDEE. urge the administration to begin a genuine dia- EGAN This legislation, which was originally intro- log with the Congress in order to demonstrate duced in the 105th Congress and had 203 co- the sincerity of its desire to work with the Con- HON. BILL LUTHER sponsors, establishes modest, minimum fed- gress to address the very serious human OF MINNESOTA eral standards relating to collective bargaining rights problems in China. IN THE HOUSE OF REPRESENTATIVES for those groups who provide safety and secu- I ask all of you to join me in urging this ad- Thursday, March 11, 1999 rity to the public, namely our fire fighters and ministration to send a unequivocal message to police officers. China by having the United Nations criticize its Mr. LUTHER. Mr. Speaker, I come before Unfortunately, many of those whose job it is human rights record. The United States must the House today to honor a devoted public to protect the public from danger are left to take the lead in preserving the most basic of servant, Thomas A. Egan of Eagan, MN. After fend for themselves. They do not have the rights for the people around the world and it 20 distinguished years as council member and right to negotiate such basic issues as hours, must take a stand against the horrendous poli- mayor of Eagan, Tom recently decided to re- wages and conditions of employment because cies which China continue to live by. tire from public service. Although his leader- some states still do not provide collective bar- f ship will be greatly missed, Tom’s legacy is gaining rights for their public employees. This the shared sense of community and responsi- is especially troublesome since fire fighters HONORING PASTOR EDDIE bility that Eagan residents will carry into the and police officers take their oaths to serve MCDONALD, SR. new millennium. and protect the public very seriously, putting Tom also served a successful tenure as themselves at risk for the public’s well-being. HON. DALE E. KILDEE president of the National Organization to In- Our bill recognizes the public safety officers’ OF MICHIGAN sure a Sound-Controlled Environment (NOISE) unique situation by creating a special collec- IN THE HOUSE OF REPRESENTATIVES where he was a tireless advocate of airport tive bargaining right outside the scope of other noise mitigation. Tom’s dedication to airport Thursday, March 11, 1999 federal labor law. More importantly, it does so noise reduction helped communities and citi- without dictating to the states what their spe- Mr. KILDEE. Mr. Speaker, I come before zens nationwide address the adverse effects cific laws should be since the legislation is you today with a heavy heart, as I stand here of increased noise pollution. general enough to preserve a state’s right to to recognize the achievements of a great man On behalf of these communities and citi- implement a collective bargaining statute on who gave much to his family, his community, zens, especially his constituents in Eagan, their own terms. Furthermore, states that al- and to the Lord. On March 8, Pastor Eddie MN, we greatly appreciate all of Tom’s con- ready have collective bargaining laws in place McDonald, Sr. of Friendship Missionary Bap- tributions and efforts and we wish him all the would be exempt from the federal statute. tist Church in Pontiac, Michigan, joined the best in his future endeavors. I would like to make it clear that this legisla- Lord after a lifetime of service. f tion does not permit strikes by public safety of- For many years, Pastor Eddie McDonald ficers nor does it provide for mandatory bind- was known as one of the most respected and CONGRATULATING THE MEMBERS ing arbitration. This is in keeping with the bill’s influential leaders in the City of Pontiac. It is OF THE UNIVERSITY HIGH intent to provide a basic and fundamental right nearly impossible to imagine what the Pontiac SCHOOL MARIACHI CULTURAL of negotiating for those who protect us without area would be like had Pastor McDonald cho- endangering the lives of the people they are sen not to move here from his home in Fay- HON. CHET EDWARDS hired to protect. etteville, North Carolina in 1953. In 1958 he OF TEXAS It is well-known that labor-management rela- joined the congregation of Messiah Missionary IN THE HOUSE OF REPRESENTATIVES tionships are based on trust, mutual respect, Baptist Church. He was ordained as a deacon open communications, compromise and Thursday, March 11, 1999 in January 1959 and became a minister on shared accountability. I believe this to be es- March 18, 1962. Mr. EDWARDS. Mr. Speaker, I rise today to pecially true as it relates to our public safety In 1966, Pastor McDonald began a street offer my best wishes to the members of the officers. We depend on them to maintain our ministry, and the following year organized University High School’s Mariachi Cultural. safety and they depend on our respect and Bibleway Missionary Baptist Church, serving This group represents Texas’ multicultural her- understanding if they are going to continue to as Pastor through its first year. On March 28, itage and helps instill pride in our Hispanic cul- provide us with the level of comfort in our 1968, Pastor McDonald became the pastor of ture. communities to which we are accustomed. Friendship Missionary Baptist Church, and The group was started in March 1997, They deserve no less. held the position up until his untimely death. under the capable leadership of Jose Nino. This bill has the support of the International Pastor McDonald’s influence extended not Since then, the volunteer student group has Association of Fire Fighters; the International only in the Church, but the community as well. performed at numerous events and was fea- Brotherhood of Police Officers; the Inter- He was affiliated with a number of profes- tured on Univision, the international cable sta- national Union of Police Associations; the Na- sional and charitable organizations including tion. tional Association of Police Organizations and the Pontiac Ecumenical Ministry, Pontiac Citi- Earlier this year, the group was able to pur- the Fraternal Order of Police. It also has the zen’s Coalition, Lighthouse and the Pontiac chase new uniforms after a successful fund- bi-partisan support of over 125 of our col- Youth Assistance Program. Pastor McDonald raising effort. The Waco community came out leagues upon its introduction.

VerDate jul 14 2003 11:59 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR99\E11MR9.000 E11MR9 March 11, 1999 EXTENSIONS OF REMARKS 4355 I urge our colleagues to join us in sup- me in signing a letter requesting the President moral obligations to our allies that we will porting the Public Safety Employer-Employee to use the upcoming visit with China’s Premier honor. And if that means, as we believe it Cooperation Act of 1999. Zhu Rongji to express our profound concern does, a land or sea based missile defense in the Western Pacific—then so be it. f regarding several issues, including: Human Mr. President, we would also request that rights violations in China and Tibet; China’s THE PUBLIC SAFETY EMPLOYER- you emphasize the P.R.C.’s worsening record ongoing public vilification against Japan; Chi- regarding human rights violations in China EMPLOYEE COOPERATION ACT na’s deployment of several hundred missiles and Tibet. Among these violations are the OF 1999 against Taiwan; China’s buildup of their nu- recent excessive jail and labor camp sen- clear strike capability; China’s clandestine ef- tences for pro-democracy activists, Xu HON. DALE E. KILDEE forts to acquire secret United States military Wenli, Qin Yongmin, Wang Youcai, and OF MICHIGAN technologies; China’s assistance to the devel- Zhang Shanguang, the latter for allegedly ‘‘providing intelligence to hostile foreign or- IN THE HOUSE OF REPRESENTATIVES opment of the North Korea missile program; ganizations’’ while giving an interview on Thursday, March 11, 1999 and China’s sales of missile and nuclear tech- Radio Free Asia regarding farmer protests. nologies to terrorist states. Mr. KILDEE. Mr. Speaker, I rise today to And as for Taiwan, now is the time to re- If you agree with me that the time has come mind Beijing that the Taiwan Relations urge my colleagues to join my friend from for some truth and realism to be put back into Act—the law of the United States—mandates Ohio, Mr. NEY, myself, and over 100 of their our relations with the People’s Republic of the United States to ‘‘make available to Tai- colleagues, to support the Public Safety Em- China please join in signing the letter I have wan such defense articles in such quantity as ployer-Employee Cooperation Act of 1999. may be necessary to enable Taiwan to main- submitted into the RECORD by contacting my Congress has long recognized the impor- tain a sufficient self-defense capability. That tance of assuring and protecting the right of office. is our law, period. And that same law man- workers to collectively bargain. Over the DEAR MR. PRESIDENT: We are taking this dates that the determination of what Taiwan years, federal laws have been extended to opportunity, in advance of Premier Zhu needs will be made by ‘‘the President and the Rongji’s visit, to express our profound con- Congress.’’ guarantee collective bargaining to different Mr. President, the United States policy to- sectors and now the only sizable group of cern about several issues involving the Peo- ple’s Republic of China. ward the P.R.C. has been based on wishful workers without the rights to collectively bar- Since 1994 the P.R.C. has been constructing thinking for far too long. Policy makers in gain are employees of state and local govern- military facilities in the Spratly Islands. the Administration of both parties have time ment. The size and nature of these facilities sug- and time again been willing to give Chinese This is particularly troubling as it applies to gest that the P.R.C. is attempting to estab- leaders the benefits of the doubt only to be the public safety arena. Fire fighters and po- lish a permanent strategic presence in the consistently let down. The occasion of Pre- lice officers take seriously their oath to protect area, from which it could patrol the sea mier Zhu’s visit provides a timely oppor- lanes in the South China Sea, the waterway tunity to put some truth and realism back the public and as a result they do not engage into this relationship. It will take the same in worker slowdowns or stoppages. The ab- through which one sixth of the world’s trade is shipped. kind of resolution you showed by sending sence of the right to collectively bargain de- The military buildup in the Spratly Islands aircraft carriers into the Taiwan Strait in nies them the opportunity to influence deci- has been accompanied by an ever more stri- 1996. We applauded you then, and we will sions that affect their lives. dent campaign of public vilification against support you now in taking the necessary The Public Safety Employer-Employee Act Japan, a treaty ally of the United States and steps to protect the United States interests provides public safety officers with a collective the base for 50,000 United States troops, the and our allies in the region. bargaining right that is outside the scope of largest single concentration of United States f other federal labor laws. This legislation estab- military forces abroad. In another strategic lishes basic minimum standards that state concern, in March 1997 a Chinese controlled PERMANENTLY FIX THE laws must meet and provides a process to re- company was able to obtain, from Panama, ALTERNATIVE MINIMUM TAX the rights to the port facilities that flank solve impasses in states without such laws. the canal zone. States that already have collective bargaining Then there is the matter of the democratic HON. RICHARD E. NEAL laws would be exempt from the federal stat- nation of Taiwan. The P.R.C.’s 1995 military OF MASSACHUSETTS ute. Furthermore, this bill prohibits strikes and exercises and 1996 missile firings in the Tai- IN THE HOUSE OF REPRESENTATIVES does not call for mandatory binding arbitration. wan Strait have been followed by an offen- Thursday, March 11, 1999 Public safety workers risk their lives every sive military buildup on the Chinese main- Mr. NEAL of Massachusetts. Mr. Speaker, day to protect the public. At the very least, land itself that includes tripling the number today I am introducing legislation to perma- they should be allowed to bargain for wages, of missiles (to more than 100) already de- ployed against Taiwan. With several hundred nently fix the tax problem caused by the fact hours, and safe working conditions. This bill more missiles expected for similar deploy- that the new tax credits for education and chil- helps workers, management, and the general ment, the recent Defense Department study dren are limited by the alternative minimum public, because employer-employee coopera- on the military balance in the Taiwan Strait tax (AMT). Consequently, more and more av- tion leads to cost savings and better delivery describes an ‘‘overwhelming advantage in of- erage Americans who use the dependent care of services. fensive missiles which Bejing is projected to This bill is supported by the International possess in 2005.’’ credit, the new child credit, the HOPE credit or Association of Fire Fighters, International These developments are all the more the lifelong learning credit, will be forced to fill Brotherhood of Police Officers, International alarming when seen against the backdrop of out the complex alternative minimum tax form. Union of Police Organizations, National Asso- (1) China’s overall military modernization, Even worse, a growing number of Americans its abandonment of a traditional, land-based ciation of Police Organizations, and the Fra- will have all or part of these credits denied by ‘‘people’s army’’ in favor a comprehensive the interaction of the regular federal income ternal Order of Police. strategic and nuclear strike capability by I urge my colleagues to join us in supporting tax and the alternative minimum tax. land, sea, and air; (2) China’s clandestine ef- This is not a new issue. Last year I intro- the Public Safety Employer-Employee Co- forts to acquire the most secret and sensitive operation Act of 1999. of United States military technologies, in- duced legislation, H.R. 4489, to permanently fix this problem. Once it was clear that perma- f cluding the know-how to replicate the W 88 warhead, the most dangerous security breach nent legislation would not pass, I introduced EXPRESS YOUR CONCERN ABOUT in 50 years; and (3) allegations that China H.R. 4611 to correct this problem for 1998. CHINA has assisted the North Korean missile pro- This one year temporary ‘‘fix’’ did pass Con- gram, on top of its known and suspected gress last fall as part of the Omnibus Appro- HON. JOHN E. SWEENEY sales of missile and nuclear technologies to priations Act. This year, the Administration’s terrorist states. budget includes a two year ‘‘fix’’ of this prob- OF NEW YORK Mr. President, with respect to China, our IN THE HOUSE OF REPRESENTATIVES country has looked the other way for too lem. This is simply not enough. This is a per- manent problem; it demands a permanent so- Thursday, March 11, 1999 long. And we have tolerated a ballooning trade deficit for too long. We request that lution. Mr. SWEENEY. Mr. Speaker, I would re- you make it emphatically clear to Premier Specifically, my legislation allows personal spectfully request all of my colleagues to join Zhu that the United States has legal and nonrefundable credits to be used against AMT

VerDate jul 14 2003 11:59 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR99\E11MR9.000 E11MR9 4356 EXTENSIONS OF REMARKS March 11, 1999 liability. Nonrefundable credits include the dence Speech and Hearing Center, the Olive The proof is in the reforms already begun child credit, the HOPE and lifetime learning Crest Treatment Center for Abused Children, by states that participated in the ed-flex pilot credits, the dependent care credit, and the the Assistance League, the Orange County program. In both Texas and Maryland, Ed-Flex adoption tax credit. In addition, the bill elimi- Performing Arts Center, and the Freedoms has enabled school districts in each state to nates the complex interaction of the partially Foundation at Valley Forge, allowed these improve the test scores of their poorest chil- refundable family credit with the AMT. In doing much-needed institutions to thrive. dren. In return for greater flexibility, both so, the bill would eliminate a penalty faced by Glen Stillwell truly lived the American states have produced solid academic results. large families. dream. He came to California at the end of the Ed-Flex is a program that works—for Under current law, the total allowable Great Depression and became a pioneer in schools and for students. A Kent County, amount of nonrefundable personal credits may the budding aerospace engineering industry— Maryland school with 60% of the students at not exceed the amount by which the individ- a California industry, that, with Glen’s help, the poverty level utilized ed-flex and now has ual’s regular income tax liability exceeds the has become a world-leader. In time, through the third highest test scores in the state for el- individual’s tentative minimum tax. For families his own grit and determination, Glen built his ementary schools. Parents of the students in with three or more children, an additional re- own aerospace-manufacturing company, this school know first hand the value of local fundable child credit is provided and this is re- which under the example of his guidance, con- flexibility. Their kids are improving their read- duced by the amount of the individual’s min- tinues to flourish. But throughout his brilliant ing, writing, and math skills—some of the most imum tax liability. This requires all taxpayers career, however, Glen always considered the important tools in life. who claim the child credit with incomes above upbringing of his two sons, Thomas and Rich- Mr. Speaker, I encourage my colleagues to $45,000 for joint filers and $33,750 for single ard, his most important calling. think of the possibilities ed-flex can create in filers to make at least a rudimentary minimum Glen Stillwell was a visionary. He planted their home districts, to imagine how flexibility tax calculation. the seeds that ultimately became Chapman at the local level will stimulate new ideas and The Department of the Treasury estimated College and the world-renowned Orange programs that will improve the quality of edu- that in 1998, without the one year ‘‘fix’’, eight County Performing Arts Center. He also had a cation for our children, and create opportuni- hundred thousand taxpayers who are entitled passion for civic involvement, and his voice ties for our teachers and educators to design to the child credit or the education credits was often heard in the public arena on impor- plans that help our children reach their fullest would have been denied the full benefit of tant issues of statecraft. Indeed, Glen was the potential. I ask my colleagues to support this these credits by the AMT. best kind of patriot; he loved his country and bill. In order to eliminate the complexities of the he loved the community of Orange County, AMT in a revenue neutral manner, this bill re- and he loved his family. f duces the income phase-outs for the child Orange County will miss Glen Stillwell, but HONORING GLORIA B. CORLEY- credit from $110,000 to $91,000 on a joint re- will enjoy the fruits of his hard work and dedi- MCKOY turn, and from $7,500 to $60,000 for single fil- cation for many generations to come. ers. f According to the IRS, the estimated average HON. EDOLPHUS TOWNS EDUCATION FLEXIBILITY time it takes to fill out the alternative minimum OF NEW YORK PARTNERSHIP ACT OF 1999 tax form is 5 hours and 39 minutes. It would, IN THE HOUSE OF REPRESENTATIVES of course, take much longer for hundreds of SPEECH OF Thursday, March 11, 1999 thousands of taxpayers who may be forced to fill this form out for the first time as a result of HON. JENNIFER DUNN Mr. TOWNS. Mr. Speaker, I rise today to the credits Congress offered them last year in OF WASHINGTON honor Gloria B. Corley-McKoy for her exem- the name of child care and education. IN THE HOUSE OF REPRESENTATIVES plary community service and contribution to the Brooklyn Community. And to show how truly perverse this provi- Wednesday, March 10, 1999 sion is, the interaction between the AMT and Ms. Corley-McKoy has lived in the Brooklyn the partially refundable child credit will result in The House in Committee of the Whole Community of East New York for the past 35 a tax increase on 177,000 large families if the House on the State of the Union had under years. She was employed as a drug counselor Republican 10 percent across the board tax consideration the bill (H.R. 800) to provide by the Board of Education for 22 years and cut was passed into law. Some might respond for education flexibility partnerships: currently works as a community and project li- that they intend to fix this problem later, but Ms. DUNN. Mr. Chairman, I rise today to aison for the AFSCME–AFL–CIO. that is exactly the type of thinking that put us support the Education Flexibility Act. Repub- Although retired from her position at the in this situation to begin with. licans in the House are working on a bipar- Board of Education, Ms. Corley-McKoy con- Mr. Speaker, this bill is ‘‘must pass’’ legisla- tisan basis to put education back in the hands tinues her tireless advocacy on behalf of the tion, and it must be passed on a bipartisan, of local teachers and schools, and provide re- children of New York. She currently serves as revenue neutral, permanent basis. I hope it lief from federal regulations that only serve to President of the Community School Board and will be. stifle innovation in education. President of the Boulevard Houses Tenant As- f H.R. 800 will give states and communities sociation, a position she uses to advocate for more decision-making flexibility. This flexibility improving the lives of children in the commu- HONORING GLEN STILLWELL OF is crucial to ensure that schools can promote nity. ORANGE COUNTY, CALIFORNIA the best opportunities for our children so that Ms. Corely-McKoy is married to Jeffrey they may reach their greatest learning poten- McKoy. She is a product of the New York HON. CHRISTOPHER COX tial. This bill also creates real, measurable ac- Public School System. Her late son, Edward, OF CALIFORNIA countability standards for teachers to encour- was a graduate of Community School District IN THE HOUSE OF REPRESENTATIVES age them to bring out the best in every child 19. Ms. Corley-McKoy comes from a loving at school. family of eight sisters and 2 brothers. One of Thursday, March 11, 1999 With the passage of the Ed-Flex, my home her sisters, Priscilla A. Wooten, serves on the Mr. COX. Mr. Speaker, ladies and gentle- state of Washington will finally have the oppor- City Council and Ms. Corley-McKoy played an men, I rise today to honor Glen Stillwell, one tunity to utilize this flexibility when designing instrumental role in her sister’s election while of Orange County, California’s finest and most their education programs. Local districts and serving as campaign manager. generous philanthropists. schools, such as Tahoma High School in Mr. Speaker, it is a considerable honor for Glen, after a long and courageous struggle, Maple Valley, will have the flexibility to design me to speak about one of our community’s recently succumbed to a terminal illness. He a plan that works for Tahoma, not bureaucrats most cherished leaders. I have known Gloria has left behind his lovely wife Dotti of 53 in Washington, DC. By broadening this plan for several years, and I can think of no better years, and a rich legacy of service and leader- from the original plan of 12 states to include role model for the community. America should ship in the community of Orange County. His the rest of the nation, we offer all states much be aware of the tireless, unselfish work of charitable and selfless influence upon the needed relief from over-burdensome regula- community leaders like Gloria B. Corley- McIntosh Center for the Disabled, the Provi- tions. McKoy.

VerDate jul 14 2003 11:59 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR99\E11MR9.000 E11MR9 March 11, 1999 EXTENSIONS OF REMARKS 4357 IN HONOR OF LAVATUS V. In 1955, Gene wed Mary (Dories). He and armed forces, and the selection of a new gen- POWELL his wife rasied their three children, Patti, Bill, eral prosecutor help address many of the con- and Maureen to respect their proud Western cerns that arose during Meciar’s tenure. The HON. ROB PORTMAN New York and Irish-American heritage. In ad- new government’s efforts to hold previous offi- OF OHIO dition, the McCarthy’s now have seven grand- cials accountable for their violations of the rule IN THE HOUSE OF REPRESENTATIVES children. of law and manipulation of parliamentary and Thursday, March 11, 1999 Twenty-five years ago, Gene and Mary constitutional democracy is also a positive opened McCarthy’s, a fine restaurant and tav- sign. During local elections in the fall, non- Mr. PORTMAN. Mr. Speaker, I rise today to ern in the heart of the Old First Ward, at the governmental monitors were permitted to ob- pay tribute to Lavatus V. ‘‘Vate’’ Powell, a corner of Hamburg and Republic Streets. Fa- serve the counting of the vote, further fos- friend and community leader, who passed mous for its corned beef, fish fries, and friend- tering public and international confidence in away on February 17, 1999. ly service, McCarthy’s has become a true Slovakia’s democratic structures. Direct presi- Vate was known for his integrity, straight- landmark. It is a proud symbol of not only his dential elections are scheduled to be held in forwardness, and positive outlook on life. His community, and not only the McCarthy family, May, which will fill a constitutional lacuna. The life was centered around service to others. but of our Irish heritage in Buffalo. decision to permit, once again, the issuance of Vate was born in Mississippi and graduated In 1996, I invited the Honorable Dermott bi-lingual report cards restores common sense from Jackson State University in 1955. He Gallagher, then Irish Ambassador to the to the discussion of issues of concern to the earned his master of science degree in 1964 United States, to Buffalo to dedicate a monu- Hungarian minority. The government’s stated from Case Western Reserve University. He ment which was erected in honor of the Great intent to address the concerns of the Romani was a Cincinnati Public Schools teacher from Famine in Ireland. During his stay, I took him minority—concerns which have led many Slo- 1955 to 1965. to McCarthy’s. Ambassador Gallagher has vak Roma to seek asylum in other countries— He began his career with Procter & Gamble said that the tavern was his favorite place in is a welcome step in the right direction. in 1965 as a systems analyst in the Data all of Western New York, no doubt a reflection In short, Mr. Speaker, the new government Processing Systems Department. He went on on the McCarthy’s overwhelming hospitality. is Slovakia has already undertaken important to hold positions in personnel, urban affairs, Whether it is for the famous Notre Dame steps towards fulfilling the promises made and public relations, before becoming public football parties in the fall, the Shamrock Run, when communism collapsed. affairs manager. He went on to become vice the many local organizations and causes Slovakia is now at a critical juncture, having president of Procter & Gamble’s Ohio Govern- which the McCarthys support, or the best St. succeeded by a slim electoral margin in ment Relations Division, where he served until Patrick’s Day atmosphere outside of Ireland, peacefully removing Vladimir Meciar after 4 his retirement in 1997. McCarthy’s Tavern and Gene and Mary years of increasing authoritarian rule. The new Vate was an extraordinary community volun- McCarthy will always be an important part of government must struggle to restore teer. He served as president of the Andrew the proud history of our City. I am proud to Slovakia’s good name, repair the economy, Jergens Foundation; chairman of Preserving call him my friend. and get Slovakia back on track for NATO and Affordable Housing; chairman of the Purcell- Mr. Speaker, today I would like to join with EU membership. If Slovakia is to succeed in Marian High School Foundation and a mem- the entire McCarthy Family, the Goin’ South this effort, it is critical that the current coalition ber of the Purcell-Marian board of trustees; community organization, and indeed, all of hold together long enough to implement real trustee of the Cincinnati Museum Center; Western New York in tribute to Mr. Gene reforms. As it seeks to do so, the new govern- member of the Partners of Children’s Defense McCarthy, Irishman of the Year. ment will be aided by a wellspring of credibility Fund, and a director of the Ohio Chamber of with the internationally community and cer- Commerce. He served as co-founder and f tainly in Washington, where as the Meciar treasurer of the Black Male Coalition; Capitol DEMOCRACY PROGRESSES IN government, in the end, had none. Revival Task Force; chairman of the Cincinnati SLOVAKIA That wellspring of credibility, however, is not United Way Government Affairs Committee; bottomless and time is truly of the essence in and president of the Board of Trustees of HON. CHRISTOPHER H. SMITH Slovakia’s reform process. I hope all of the Family Service of the Cincinnati area. He was OF NEW JERSEY parties participating in the ruling coalition will an elder at Carmel Presbyterian Church. quickly address some of the issues that have In 1997, he received an Imagemaker Award IN THE HOUSE OF REPRESENTATIVES been of special concern to the international from Applause magazine for his efforts to pro- Thursday, March 11, 1999 community, including the adoption in the first mote education. That same year, he was hon- Mr. SMITH of New Jersey. Mr. Speaker, this half of this year of a minority language law. ored by the African American Leadership Net- week a distinguished delegation from the Slo- Such a step would be a concrete demonstra- work for his work with Procter & Gamble. vak parliament visited Washington to meet Vate was a warm and caring person who tion of the differences between this govern- with congressional leaders and other officials. ment and the last. gave generously of his time and talents. Cin- I regret that, because of a hearing on urgent cinnati was blessed to have him as a leading Mr. Speaker, I wish this new coalition gov- developments in Kosovo, I was unable to ernment of Slovakia every success in their re- citizen. Many of us were blessed to have him meet with them. Nevertheless, the occasion of as a friend. solve to make lasting reforms. their visit prompts me to reflect on some of the f f developments in Slovakia since the elections TRIBUTE TO GRANDMARIE’S TRIBUTE TO GENE MCCARTHY, there on September 25 and 26, 1998. IRISHMAN OF THE YEAR Since a new government was installed on CHICKEN PIE SHOP October 30, there has been a sea change in HON. JACK QUINN Slovak political life. They very fact that a HON. GEORGE RADANOVICH peaceful transition of power occurred is some- OF NEW YORK OF CALIFORNIA thing we could not have taken for granted, IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES given the increasingly authoritarian rule of Thursday, March 11, 1999 Vladimir Meciar manifested by, for example, Thursday, March 11, 1999 Mr. QUINN. Mr. Speaker, I am honored to the refusal of the parliament he controlled to Mr. RADANOVICH. Mr. Speaker, I rise rise today on the floor of this House in rec- seat two duly elected members. today to pay tribute to Grandmarie’s Chicken ognition of Mr. Gene McCarthy from Buffalo, Today, the situation is very different. The Pie Shop on the occasion of their 42nd Anni- NY in my district, as the 1999 Goin’ South formation of a new government has included versary. Grandmarie’s has enjoyed 4 decades ‘‘Irishman of the Year.’’ key changes that were much needed and will of success at their Tower District location. Born in Buffalo’s ‘‘Old First Ward’’ in 1926, foster greater confidence in Slovakia’s re- Keeping it simple and keeping it delicious Gene McCarthy is a lifelong member of our newed process of democratization. In par- was the slogan of Marie Ross, the restaurant’s community. After high school, Gene began ticular, the appointment of a new head of the namesake, original owner, and grandmother of working on Buffalo’s waterfront at Pillsbury intelligence service, the resolution of com- current owner Gary Ross. The Ross chicken grain elevators, where he spent twelve years. peting claims to the position of chief of the pie tradition dates back to the early part of the

VerDate jul 14 2003 11:59 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR99\E11MR9.000 E11MR9 4358 EXTENSIONS OF REMARKS March 11, 1999 century when relatives to Marie Ross made TRIBUTE TO KEITH COMRIE can pursue his interests in cars and auto rac- creamy chicken tarts and left them on the win- ing while taking satisfaction in a job well done dow sill to cool. A legendary treat was formed HON. LUCILLE ROYBAL-ALLARD for the City of Los Angeles. and soon the Chicken Pie Shop was formed. OF CALIFORNIA f After 42 years, Grandmarie’s Chicken Pie IN THE HOUSE OF REPRESENTATIVES Shop still follows Marie’s advice, make it ‘‘sim- TRIBUTE TO AMANDA CHRISTINE Thursday, March 11, 1999 ply delicious.’’ Simplicity is the key, large por- DRESCHER OF GIRL SCOUT tions with all of the food groups represented at Ms. ROYBAL-ALLARD. Mr. Speaker, it is a TROOP 395 a reasonable price continues to attract thou- privilege to recognize the career of one of Los sands of Fresnans. A visit of Grandmarie’s is Angeles’ leading public officials. After 35 years HON. SPENCER BACHUS a must for those new to the Fresno area, of public service, Mr. Keith Comrie is retiring OF ALABAMA nothing can compare to the fine foods pre- as the City Administrative Officer for the City IN THE HOUSE OF REPRESENTATIVES pared there daily. of Los Angeles. During his illustrious career, Thursday, March 11, 1999 Mr. Speaker, I rise today to pay tribute to Mr. Comrie served both the City and the Mr. BACHUS. Mr. Speaker, today I would Grandmarie’s Chicken Pie Shop on the occa- County of Los Angeles, making significant like to salute an outstanding young woman sion of their 42nd Anniversary. Grandmarie’s contributions to both governments. who has been honored with the Girl Scout remains one of Fresno’s finest traditions. I Mr. Comrie grew up in South-Central Los Gold Award by the Cahaba Girl Scout Council urge my colleagues to join me in wishing Angeles and first entered public service with in Birmingham, Alabama. She is Amanda Grandmarie’s and the Ross family, many the City of Los Angeles in 1963, after earning Christine Drescher of Girl Scout Troop 563. years of continued success. a Bachelor of Science in Accounting and a She has been honored for earning the highest Masters in Public Administration from the Uni- achievement award in U.S. Girl Scouting. The f versity of Southern California. He moved to Girl Scout Gold Award symbolizes outstanding the County government in 1969 where he rose accomplishments in the areas of leadership, HONORING FREDDIE HAMILTON to become the Director of the Department of community service, career planning and per- Public Social Services receiving statewide rec- sonal development. The award can be earned ognition from Governor Ronald Reagan for by a girl aged fourteen through seventeen, or HON. EDOLPHUS TOWNS saving County taxpayers $120 million per year in grades ninth through twelfth. OF NEW YORK and for making the welfare system one of the Girl Scouts of the U.S.A., an organization most responsive and efficient in the state. IN THE HOUSE OF REPRESENTATIVES serving over 2.5 million girls, has awarded In 1979, Mr. Comrie returned to the City of more than twenty thousand Girl Scout Awards Thursday, March 11, 1999 Los Angeles at the request of Mayor Tom to Senior Girl Scouts since the inception of the Bradley to serve as the City Administrative Of- program in 1980. To receive the award, a Girl Mr. TOWNS. Mr. Speaker, I rise today to ficer. He has served in that position for 19 honor Freddie Hamilton, for her tremendous Scout must earn four interest project patches, years, including one year as interim Adminis- the Career Exploration Pin, the Senior Girl contributions to the Brooklyn community and trator of the $200 million Community Redevel- her exemplary community service. Scout Challenge, as well as design and imple- opment Agency. During Mr. Comrie’s tenure of ment a Girl Scout Gold Award project. A plan As a native of New Orleans, LA, Freddie service, the City of Los Angeles has seen its for fulfilling these requirements is created by Hamilton has lived and worked in Central economic base expand to keep pace with pop- the Senior Girl Scout and carried out through Brooklyn for almost 40 years. Over the years, ulation increases that have made it not only close cooperation between the girl and an Freddie has participated in numerous civic and the second largest city in the nation but a city adult Girl Scout Volunteer. political organizations and causes to improve of world class status. As a member of the Cahaba Girl Scout the quality of life for children and families in Today, Mr. Comrie can look with pride at his Council, Amanda Christine Drescher began her community. role in successfully steering the City through working toward the Girl Scout Gold Award on Ms. Hamilton is the founding executive di- the recession of the early 1990’s with bal- February 12, 1998. She completed her project, rector of the Child Development Support Cor- anced budgets. During this time, he helped Art Day Camp, and I believe she should re- poration, a child welfare agency in Bedford- maintain the City’s position as one of the best ceive the public recognition due her for this Stuyvesant. The agency employs 150 people managed cities in the nation. Additionally, he significant service to her community and her and provides a range of social services to played a key role in most of the major devel- country. opments in the City, including such landmark over 3,000 children and families annually. f After losing a 17-year-old son, as a result of projects as the renovated Central Library, the gun violence, Ms. Hamilton became a found- Los Angeles Convention Center, and the Sta- PERSONAL EXPLANATION ing member of Parents United to Rally for Gun ples Center Arena. He also played a central ´ Violence Elimination (PURGE). The organiza- role in rebuilding the City after the 1994 HON. RUBEN HINOJOSA tion was created to address the issues of gun Northridge Earthquake and oversaw over $3 OF TEXAS violence among African American youth. Ms. billion in capital improvement projects such as IN THE HOUSE OF REPRESENTATIVES Hamilton was successful plaintiff in the first libraries, fire and police facilities, and sewer Thursday, March 11, 1999 system reconstruction. class action strict liability suit against gun Mr. HINOJOSA. Mr. Speaker, yesterday manufacturers. Many of these projects are in my Congres- sional District, which includes much of the when the House was taking rollcall vote No. Since 1994, Freddie has served as the central business district of the City of Los An- 39, an amendment by Representative GEORGE elected Democratic Committeewoman (District geles. Therefore, I can attest to the signifi- MILLER to the Education Flexibility Partnership Leader) for the 57th Assembly District in cance of these projects, many of which were Act, I was unavoidably detained and unfortu- Brooklyn. started under Mr. Comrie’s watch. nately missed the vote. Had I been present I During a recent trip to Ghana, Freddie was Mr. Comrie oversaw a staff of more than would have voted ‘‘yea.’’ honored in a traditional ‘‘Enstoolment Cere- 100 and worked with over 30 council members f mony’’ to designate her a Queen Mother. She during the terms of two mayors. Mr. Comrie’s 72ND ANNIVERSARY BANQUET OF was given the name Nana Yaa Serwaa II and accomplishments on behalf of the City of Los YESHIVAH OF FLATBUSH she is now an official elder of the township of Angeles have been recognized by his peers. Pankese in Ghana, West Africa. She and her Of his many prestigious awards, he is very HON. ANTHONY D. WEINER husband, Johnnie Ray, have six children and proud of being named the ‘‘Best City Adminis- OF NEW YORK they are the proud grandparents of five grand- trative Officer in America’’ by City and State IN THE HOUSE OF REPRESENTATIVES children. Magazine. Mr. Speaker, please join me in saluting At 59, Mr. Comrie and his wife Sandra Thursday, March 11, 1999 Freddie Hamilton for her dedication to her McNutt-Comrie can look foward to many pro- Mr. WEINER. Mr. Speaker, I rise today to family and her community. ductive years in retirement during which he invite my colleagues to pay tribute to the

VerDate jul 14 2003 11:59 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR99\E11MR9.000 E11MR9 March 11, 1999 EXTENSIONS OF REMARKS 4359 Yeshivah of Flatbush and it’s honorees on the SALUTE TO A. LEON leaders, Members of Congress and citizens to occasion of it’s 72nd Anniversary Banquet. HIGGINBOTHAM defend civil rights, Judge Higginbotham an- The Yeshivah of Flatbush has long served swered with vigor and passion. SPEECH OF Millions of Americans saw him protect the as a pillar of strength for my constituents by tenets of the Constitution during the recent providing our children with the tools they will HON. EDDIE BERNICE JOHNSON House Judiciary Committee impeachment need to face the challenges of the twenty-first OF TEXAS IN THE HOUSE OF REPRESENTATIVES hearings. This was just two weeks before his century. passing on December 14, 1998. Dr. Mayer Ballas, recipient of the Keter Wednesday, March 3, 1999 Like so many times during his stellar legal Shem Tov Leadership Award, has dedicated Ms. EDDIE BERNICE JOHNSON of Texas. career, he was a steadfast advocate and de- himself to helping members of the community Mr. Speaker, as I witness attacks on affirma- fender of the true meanings and intents of the as an advocate and spokesperson for Jewish tive action in education and a legal system law and our Constitution. During the hearings, people in need. He is the founding President that overlooks police brutality among African- it was not partisan winds that steered his testi- of the Council of Rescue of Syrian Jews and Americans, I realize that our country is experi- mony that the President should not be im- has served as a member of the Federation encing a huge gap in fairness and equality peached. Rather, it was scholarly and intellec- Oversight Committee, the arm of Operation under the law with the passing of Judge A. tual interpretation of the Constitution and the Abraham concerned with the resettlement of Leon Higginbotham, Jr. separation of powers between the Judicial, Ex- the most recent wave of immigrants from Mr. Speaker, Judge Higginbotham spent his ecutive and Legislative branches of our gov- life vigorously protecting and championing the ernment. Syria. At the Yeshivah of Flatbush, Dr. Ballas causes of equality and opportunity for African- For those viewers of the hearings, that was sits on the Board of Directors and Board of Americans. their first contact with the great judge. How- Education and is a member of the Tuition As- The French philosopher Montesquieu once ever, I have constantly been a witness to— sistance Committee. He participates in all said that ‘‘In the state of nature, indeed, all and a beneficiary of—Judge Higginbotham’s school functions and generously gives of him- men are born equal, but they cannot continue passionate and eloquent defense of justice. self and his time to the Yeshivah. in this equality. Society makes them lose it, On behalf of the constituents of the 30th Hon. Steven Cohn, recipient of the Keter and they recover it only by the protection of congressional district of Texas, I would like to Shem Tov Community Service Award, is the laws.’’ tell his family what a great equalizer in this so- staunchly committed to both the Yeshivah and In confronting racial injustice, violence and ciety he was to us. He served an extended his community. For the past sixteen years, Mr. inequality through the legal system, Judge family of poor, powerless and downtrodden in- Cohn has served as the Democratic State Higginbotham recovered and secured equality dividuals in this society. His advocacy for their Committeeman for the 50th Assembly District. for countless African-Americans. His life long causes meant a great deal to them and He is the Vice-Chair of the New York State commitment to eliminating discrimination strengthened our principles as a country. Democratic Party, Secretary of the Democratic forced our society to recognize the equality in- In particular he leaves his wife, Evelyn herent in all men and women, despite their Party of Kings County and has served as Par- Brooks Higginbotham; two daughters, Karen race or ethnicity. and Nia; and two sons, Stephen and Kenneth. liamentarian to the Democratic National Con- In his capacity as special deputy attorney I would like to thank them for allowing the vention. Working side by side with community general of Pennsylvania, judge of the U.S. country to share and benefit from his mind, leaders, elected officials and neighborhood District Court for the eastern district of Penn- heart and soul. residents to protect the environment, improve sylvania and judge of the U.S. Third-Circuit f homeless shelters and maintain quality med- Court of Appeals, many men and women re- ical care in his district. His affiliation with the gained their rights taken away from them by STATEMENT ON THE SUPPRES- Yeshivah of Flatbush parallels his children’s society. SION OF RIGHTS IN SERBIA education and has strengthened over the His zeal in tearing down the walls of injus- years. In addition to working on the Banquet tice and erecting the walls of opportunity HON. CHRISTOPHER H. SMITH Journal, Chinese Auction and Building Com- began after he earned his law degree at Yale OF NEW JERSEY mittees, Steve is currently an Associate Treas- Law School by working in Philadelphia as an IN THE HOUSE OF REPRESENTATIVES assistant district attorney. Six years later after urer on the Executive Board of Officers and Thursday, March 11, 1999 sits on the school’s Board of Trustees and becoming a special deputy attorney general Board of Education. for Pennsylvania, President John F. Kennedy Mr. SMITH of New Jersey. Mr. Speaker, as named him to the Federal Trade Commission we have debated today the issue of American Dr. Cheryl Fishbein, recipient of the Alumna (FTC). This appointment was notable in the participation in any NATO peacekeeping effort of the Year Award, is an alumna of both the fact that it made him the FTC’s first black in Kosovo, I urge my colleagues, regardless of Elementary School and the Joel Braverman commissioner and its youngest as well. their views on that matter, to focus on what is High School. Throughout her adult life, Cheryl In 1977, after serving as a district court happening in Serbia itself. Slobodan Milosevic, has focused her efforts on serving the commu- judge in Philadelphia from 1964 to 1977, President of an unrecognized Yugoslav state nity. She is President of the Jewish Commu- President Jimmy Carter appointed him judge of which Serbia and Montenegro are part, is nity House in Bensonhurst and is currently of the U.S. Third-Circuit Court of Appeals using Kosovo to perpetuate his regime, to rally overseeing its capital building campaign. She where he served with distinction as judge, Serbia’s public opinion around him, and to serves as the Metro Chair of the Institutional chief judge and senior judge until his retire- label as ‘‘traitors’’ not only his opponents but Trustees Campaign for UJA and sits on the ment in March 1993. anyone who thinks independently. organization’s Planning and Allocations Com- Throughout the years, U.S. Chief Justice Last year, Milosevic imposed draconian mittee. Additionally, Dr. Fishbein devotes Warren, Burger and Rehnquist appointed laws which curtailed the independence of jour- much of her time to the Board of Jewish Edu- Judge Higginbotham to various judicial con- nalists to report news freely, and threatened cation and serves as a Vice President of its ferences. In addition, the Congressional Black the academic community’s ability to maintain Board of Directors. She also sits on the Caucus benefitted from his excellent legal its intellectual integrity. In response, the Hel- Boards of Gesher and the National Board of mind in a series of voting rights cases brought sinki Commission which I chair, held a hearing the Jewish Community Center Association. before the U.S. Supreme Court. appropriately entitled: ‘‘The Milosevic Regime Current South African President Nelson Versus Serbian Democracy and Balkan Sta- Each of today’s honorees have long been Mandela also called upon his knowledge and bility.’’ known as innovators and beacons of good will wisdom during the country’s historic 1994 na- As an example of what is happening right to all those they come into contact with. In tional elections where Judge Higginbotham now in Serbia, I would note for the RECORD recognition of their may accomplishments on served as an international mediator. what has happened to three of the witnesses behalf of my constituents. I offer many con- Mr. Speaker, the aforementioned feats and at the hearing. gratulations on their being honored by the accomplishments mark this important fact: On December 28, 1998—less than three Yeshivah of Flatbush. when he was called upon by presidents, world weeks after the hearing—Boris Karajcic, a

VerDate jul 14 2003 11:59 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR99\E11MR9.000 E11MR9 4360 EXTENSIONS OF REMARKS March 11, 1999 leader in the university student movement suppression of these rights in Serbia is unac- Mr. Wheeler will receive the French Legion ‘‘Otpor’’ (Resistance), was attacked and beat- ceptable, it ultimately will prove untenable, and of Honor in a ceremony organized by VFW en on the street in front of his Belgrade home it must change sooner rather than later, not Post 3400 in West Union, OH, on March 12. by masked thugs with bats. As they fled, their only for the sake of the people in Serbia but In his letter conveying the Legion of Honor to comments indicated the political nature of the all people in south-central Europe. Mr. Wheeler, French Ambassador Bujon de attack. f l’Estang wrote: ‘‘The Legion of Honor is con- During the first week of February, Milan ferred on you by the French government as a Panic, the Serb-American pharmaceutical ex- HONORING GENES THOMPSON sign of the high esteem my country has for ecutive who is a leader of the Alliance for you who personally contributed to the decisive Change, the main coalition of political opposi- HON. EDOLPHUS TOWNS support the United States gave to French sol- tion to Milosevic’s ruling Socialist Party, has OF NEW YORK diers in the defense of their country during had his Serbian subsidiary company taken IN THE HOUSE OF REPRESENTATIVES World War I.’’ over by the authorities. The purpose was likely Thursday, March 11, 1999 Chancy Wheeler distinguished himself in the two-fold: to intimidate Panic and to gain hard- Mr. TOWNS. Mr. Speaker, I want to recog- struggle to ‘‘make the world safe for democ- currency assets. nize the unique community service of Genes racy’’ and served his country with honor. All of On March 8, Slavko Curuvija, the chief edi- Thompson. us in the Second Congressional District are tor of newspaper Dnevni Telegraf and the new Genes, a native of Greenville, North Caro- grateful for his service and commend him on magazine Evropljanin, was sentenced along lina, has lived in the East New York commu- his recognition by the French Government. I with two of his journalists to five months in nity for the past 20 years with her husband, wish him health and happiness in the years to prison by a Belgrade court for ‘‘spreading false Dwight and their son, Anthony. As an East come. reports with an intention to endanger pubic New York resident, she has devoted a great order.’’ They remain free on appeal. deal of her time to helping the community to f Mr. Speaker, these assaults on freedom be a better place in which to live. For exam- demonstrate that Milosevic feels vulnerable to ple, Genes has been a member of the 76th TRIBUTE TO WILLIAM ‘‘SONNY’’ democratic forces which do, in fact, exist in Precinct Community Council since 1980 where RESSEL Serbia, forces which may indeed be growing. her efforts and devotion has been instrumental Indeed, the Serbian Government undertook to in uplifting her community. make a paper prepared by the hearing witness HON. ANTHONY D. WEINER The Metropolitan Jewish Geriatric Center from the United States Institute for Peace and has employed Genes for the last 25 years as OF NEW YORK openly circulated at that same hearing into an its Chief Switchboard Operator. She is also a IN THE HOUSE OF REPRESENTATIVES alleged confidential CIA document which shop delegate for Local 1199, 144 division for showed, they alleged, that the U.S. Govern- Thursday, March 11, 1999 the past 19 years. In addition to these daily re- ment was plotting to overthrow the Belgrade sponsibilities, she is an active member of Lib- government. Mr. WEINER. Mr. Speaker, I rise today to erty Baptist Church where she serves on the Despite his insecurity at home, Milosevic invite my colleagues to pay tribute to the Pastor’s Aid Committee as well as working does feel sufficiently secure in a U.S. policy memory of William (Sonny) Ressel. with staff of Thomas Jefferson High school. which seemingly needs his presence for im- Sonny Ressel was neither a politician nor Genes’ civic activism includes membership in plementation for the Dayton Agreement in someone who took on the responsibility of the Milford Street Block Association and work Bosnia, and to get an agreement in France on helping others because of some ulterior mo- as a volunteer with the political campaigns of Kosovo. Our dependence on him, he reckons, tive. Despite working long hours, Sonny Senator CHARLES SCHUMER and New York means we will not seek to undercut his dic- Ressel always found time for his family and State Comptroller Carl McCall. the community that he loved. tatorial power. The clear lack of attention I commend the achievements of Genes many senior Administration officials have paid Thompson, a true community activist, to the Before his untimely death on February 8th, to Serbia’ democrats has only reinforced this attention of my colleagues. Sonny Ressel served as the Co-President of feeling in Belgrade. the New Kensington Neighborhood Associa- f Mr. Speaker, this must change. The actions tion where he strove to improve his neighbor’s against Karajcic, Panic, Curuvija and count- HONORING MR. CHANCY WHEELER quality of life. less other advocates of a democratic Serbia OF WEST UNION, OH Sonny Ressel was a man of action who must be condemned not with words alone. dedicated his life to helping others regardless The United States must stop dealing with HON. ROB PORTMAN of who they were. Through his efforts, broken Milosevic directly. The United States must pro- OF OHIO streets and traffic lights in Kensington were test his assault on innocent civilians when IN THE HOUSE OF REPRESENTATIVES quickly repaired. In response to a growth in they occur. The United States must encourage Thursday, March 11, 1999 the number of hearing impaired residents in democratic change in Serbia, and assist those the community, Sonny secured the installation who promote this change from within, the true Mr. PORTMAN. Mr. Speaker, I rise today to of ‘‘Deaf People Crossing’’ signs alerting mo- Serbian patriots. pay special tribute to a distinguished resident torists that some pedestrians would be unable One way in which the Congress can help in of West Union. OH, in the Second Congres- to hear their horns. this regard is to move quickly on the legisla- sional District, Mr. Chancy Wheeler. Mr. With his loving wife Ricki, Sonny Ressel tion I have just introduced, H.R. 1064, the Ser- Wheeler will turn 100 years old on June 5, helped the old and the infirm of our commu- bia and Montenegro Democracy Act of 1999. and he is being honored by the Government nity. They did this by making people laugh and This Act would ensure adequate attention is of France for his military service in the First reminding them that they were not forgotten. paid to democratic forces in Serbia and Mon- World War. tenegro by those allocating U.S. democratic Mr. Wheeler was born in 1899 in Mount Oli- Friends and admirers have likened Sonny assistance. The legislation has bipartisan sup- vet, KY. He volunteered for the Kentucky Na- Ressel to an angel who was put on earth to port. tional Guard, and then transferred into the help others and to spread happiness. I can Mr. Speaker, I am deeply concerned about United States Army in 1917. As a member of think of no better tribute for a man who always developments in Serbia generally, and the in- the First Infantry Division, 28th Regiment, First rose to the challenge of helping meet the cidents involving Helsinki Commission hearing Machine Gun Brigade, he served in 1918 in needs of others. witnesses in particular. As Chairman of the the Aisne-Marne offensive, the St. Michiel of- Sonny Ressel was an innovator and beacon Commission, I am committed to making sure fensive, and the Meuse-Argonne offensive. He of good will to all those he came into contact that the people in Serbia have the same rights was wounded twice in battle. For his actions, with. On behalf of myself and my constituents, and freedoms which so many other Europeans he received the Silver Star medal on July 21, I would like to extend my condolences to the enjoy and take for granted, the rights and free- 1918. He also received a 75th Anniversary Ressel family on Sonny’s untimely passing doms enshrined in the Helsinki Final Act and Commemorative Medal for World War I vet- and to thank them for allowing us to share in defined in subsequent OSCE documents. The erans from the U.S. Army. the bright light that was his life.

VerDate jul 14 2003 11:59 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR99\E11MR9.000 E11MR9 March 11, 1999 EXTENSIONS OF REMARKS 4361 TRIBUTE TO HOPE EDUCATION Hodge and Sons. He still played baseball and sonal interests’’ in striving to make a dif- AND LEADERSHIP FUND got his first taste of public service from an avid ference in the lives of others. Mr. Speaker, fan. In the 1960’s Mayor Selland of Fresno, please join me in presenting the achievements HON. LUCILLE ROYBAL-ALLARD appointed Hodge to the planning commission, of Emilia Conolly to my colleagues. OF CALIFORNIA sparking Karney’s interest in public service. f IN THE HOUSE OF REPRESENTATIVES In 1982 Governor George Deukmejian was looking to involve members of the private sec- TRIBUTE TO BILL BENTON Thursday, March 11, 1999 tor in agencies like Retail Development and Ms. ROYBAL-ALLARD. Mr. Speaker, on Planning. State Senator Ken Maddy surmised HON. BOB SCHAFFER March 12, 1999, Hispanas Organized for Polit- that Hodge’s background in retail and long his- OF COLORADO ical Equality (HOPE) Education and Leader- tory of community service made him a perfect IN THE HOUSE OF REPRESENTATIVES ship Fund’s Eighth Annual Symposium, enti- candidate for such a position. In 1983 Hodge Thursday, March 11, 1999 tled ‘‘A Proud Past... A Powerful Tomor- and his wife Marilyn relocated to Sacramento row,’’ will take place in the 33rd Congressional and he embarked on his second career, Exec- Mr. SCHAFFER. Mr. Speaker, among the District. In honor of this important event, I am utive Director of the California Housing Fi- most thoughtful constituents in the Colorado proclaiming March 12, 1999, as Latina History nance Agency. Karney built a structure for the district I represent in Congress is Mr. Bill Ben- Day. young agency by bringing in the best people. ton of Fort Collins. The Symposium serves to address a variety Under his leadership the agency became a He recently composed a letter to me regard- of issues important to Latinas of all ages. I am major provider of housing to residents of Cali- ing the agenda of the House of Representa- pleased that Latinas benefit from the work- fornia and is considered one of the highlights tives. I’m grateful, Mr. Speaker, the Repub- shops on health, business opportunities, and of Governor Deukmejian’s term. Today Hodge lican budget proposal moves the country dra- cultural identity. This Symposium also includes is a vice president at Salomon Smith Barney. matically in the direction proposed by Mr. Ben- Teen Track, which focuses on providing young Mr. Speaker, I rise today to pay tribute to ton. Latinas with workshops on leadership and on Karney Hodge on his remarkable service to Moreover, Mr. Benton’s sentiments are rep- establishing a path to success. the community. Mr. Hodge has served well in resentative of a great many Americans con- Since its founding in 1989, the HOPE Edu- both the public and private sector. I urge my cerned about the country’s future. As such, I cation and Leadership Fund has remained colleagues to join me in thanking Karney hereby commend the remarks of Mr. Benton dedicated to improving the educational, polit- Hodge for a job well done and wishing him to the House and urge my colleagues to con- ical and economic status of Latinas. HOPE many years of continued success. sider these observations as we proceed in ac- has anchored itself by the principle that knowl- f complishing the nation’s business in Con- edge of the political process coupled with ac- gress. HONORING EMILIA CONOLLY tive participation will guarantee a more rep- WILLIAM (BILL) M. BENTON, resentative, democratic government. Fort Collins, CO, February 24, 1999. The proclamation of Latina History Day dur- HON. EDOLPHUS TOWNS Hon. BOB SCHAFFER, ing ‘‘Women’s History Month’’ memorializes OF NEW YORK Fourth Congressional District of Colorado, the important role Latinas play in American so- DEAR BOB: This problem of Republican IN THE HOUSE OF REPRESENTATIVES leadership in both the house and the senate ciety. Latinas are breaking glass ceilings and Thursday, March 11, 1999 has been weighing heavily on my mind since pioneering into areas our mothers never imag- we lost so much ground in the last national ined. Latinas own businesses, are executives Mr. TOWNS. Mr. Speaker, I rise to honor election. in our country’s largest corporations, are being the work of Emilia Conolly, a committed health After a lot of thought, and praying about it elected to public office and appointed to pow- professional in the borough of Brooklyn. too, reading Cal Thomas, Thomas Sowell, erful positions. We recognize the work and Emilia is a native of Honduras who immi- Tony Snow and listening to Rush Limbaugh sacrifices of our mothers and grandmothers, grated to the United States over 20 years ago. (as well as other ‘‘conservative’’ talking celebrate contemporary Latinas, and are build- She was educated in the New York City public heads), studying what conservative leading magazines and newspapers (damn few, but ing the foundation for future generations. schools, including Ft. Hamilton High School, where she received her high school diploma. available) have to say on this subject, I I commend the HOPE Education and Lead- think I’ve boiled this very complicated knot ership Fund for their commitment to Latinas, Emilia began her nursing career as a student down to—we’ve lost our soul in the party and and in their honor, proclaim March 12, 1999, in Interfaith Medical Center’s School of Nurs- we are running scared because of it. as Latina History Day. ing where she made the Dean’s List, received Despite almost sixty years of a mass media f three honorary awards and ultimately grad- trying to convince the general populace that uated as a registered nurse. we ought to be ‘‘a kinder, gentler’’ nation as TRIBUTE TO KARNEY HODGE As part of her professional growth and de- a whole and feeding them huge amounts of velopment, she joined the nursing department liberal philosophy, we still, by and large, are at Brookdale University Medical Center. Pres- a culture deeply rooted in conservative prin- HON. GEORGE RADANOVICH ciples. I.E, less government, minimum gov- OF CALIFORNIA ently, she specializes in nursing care of criti- ernmental intrusion in our private affairs, IN THE HOUSE OF REPRESENTATIVES cally ill newborns (the Neonatal Intensive Care minimum government ‘‘hand-outs’’ (let the Unit). In addition, Emilia serves as a nurse Thursday, March 11, 1999 churches handle the welfare needs), low tax- preceptor for new graduate nurses. She ing policies, States rights rather than Fed- Mr. RADANOVICH. Mr. Speaker, I rise strives to maintain and to develop her clinical eral control, etc. etc. In other words, the today to pay tribute to Karney Hodge for his expertise by teaching neonatal resuscitation backbone of what made The United States of many years of service to the community. Mr. classes to both doctors and nurses. America a unique entity among all the gov- Hodge has been a dedicated public servant Emilia is an active member of Interfaith’s ernments of the world past and present. In eight short years, Ronald Reagan’s ad- and successful businessman. Nurses Alumnae Association. As a member of ministration started to get the Republican Karney is an investment banker and vice the Mid-Brooklyn Civic Association, she helps party, with its ‘‘rock ribbed’’ conservative president of Salomon Smith Barney and has to organize and to participate in voter registra- tack, back on the path that the majority of spent his life in service to the community, ini- tion, fundraising and the selection of can- our peoples felt ‘‘worked’’ and were com- tially as a volunteer. Hodge most recently didates for outstanding community service. fortable with. My feeling is the voters didn’t worked as a financier of projects aimed at im- She has also been recognized for her strong give him a Republican majority to work with proving the facilities that Fresno is able to negotiating abilities on behalf of nursing con- is because the Republican leadership in both offer to its residents. tracts within the bargaining unit of Local 1199. houses simply failed to lead! Robert Dole and his cohorts were on that appeasement road Hodge was an avid baseball player in his Emilia is married to James Conolly and they even then. college days at California State University, are the proud parents of two daughters, Taryn But he had a Judas Goat within the folds of Fresno. He seriously considered playing pro- and Thalia. the administration by the name of George fessionally, but he eventually left college to As stated on one of her awards, Emilia has ‘‘read my lips’’ Bush. Most of us didn’t recog- become a partner in the family clothing store, demonstrated ‘‘compassion, empathy and per- nize this at the time and probably a lot of

VerDate jul 14 2003 11:59 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00012 Fmt 0689 Sfmt 0634 E:\BR99\E11MR9.000 E11MR9 4362 EXTENSIONS OF REMARKS March 11, 1999 the leadership of our party will, even now, rado Springs Free Press newspaper, and I and staff with a myriad of legislative initiatives deny this fact. But former president Bush’s think it is viable today as a conservative and helped draft legislative language for at capitulation to appeasement with the Demo- cause. Permanently ‘‘fix’’ the Old Age Re- least a dozen major tax bills starting with the cratic Majority was the beginning of the end tirement System by taking it out of the of the conservative movement in the country hands of the Feds per se. Much like the Rail- 1976 Tax Reform Act and finishing with the as it should be practiced! (Gospel according road Retirement plan, I fashioned and envi- Taxpayer Relief Act of 1997. As the pension to Benton?) sion a system that sets up a government and foreign tax rules grew increasingly more The rhetoric that came out of the Feb- sponsored board to make annual rec- complex, Paul’s expertise and depth of knowl- ruary 23rd meeting between the senate lead- ommendations as to what financial institu- edge became crucial to sound tax policy. ership and President Clinton turned my tions would be approved for investments. I know Paul’s friends and coworkers join me stomach! These guys are from the Neville Coupled with this would be the requirement in wishing him the very best. Paul has earned Chamberlain school! We know well that by each wage earner that they choose one of these financial houses and their payroll de- a fulfilling retirement marked with the satisfac- ‘‘sleeping with the enemy’’ only gets you tion of a job well done. He will be truly missed beat up and bloodied. ductions go to one of the approved money After forty plus years of ever-increasing warehouses. In addition, they would be re- by those fortunate to have worked at this side. Democratic liberalism, Republicans don’t quired to furnish a certificate of deposit to Good Luck, Paul, and thank you. know how to win! The House is better than be reported annually with their IRS filing. f the Senate and because of the House’s ‘‘Con- This way they controlled, to a certain ex- tract With America,’’ that the Senate tent, their own retirement fund but mon- EDUCATION FLEXIBILITY promptly botched, it showed Republicans can itored by this governing board’s staff. There PARTNERSHIP ACT OF 1999 win if the conservative message is packaged would have to be provisions for disablement correctly. The loss we suffered in November problems, but this could be tied down very SPEECH OF can be laid directly at the Republican Sen- stringently through the proper legislation. ator’s doorstep. Unfortunately, because we This way such a fund would be actuarially HON. BENJAMIN A. GILMAN blew it, the Coach got fired (or plain tired) sound, private enterprise would be fostered, OF NEW YORK and our fire left the field of fight. Put that and the sorry savings rate of our citizens IN THE HOUSE OF REPRESENTATIVES would be greatly improved. Plus, there would House loss in the Senate’s column too. Wednesday, March 10, 1999 If we are to salvage the Republican major- be all manners of funds available to help businesses grow, mortgages funded, etc. If ity in both legislative bodies, we need a The House in Committee of the Whole done right, the Federal Government couldn’t group of firebrands to step up and be count- House on the State of the Union had under ed—and we need it now! Our history and our lay their grimy mitts on a single dime—not even in the form of taxation! consideration the bill (H.R. 800) to provide soul is conservative principles. Being ‘‘nice I do not wish to brag, and I’m not even for education flexibility partnerships: guys’’ is stupid and dangerous. I don’t mean sure this can be proven, but an acquaintance Mr. GILMAN. Mr. Chairman, I rise today in we shouldn’t have compassion for any who of long ago, who was a professor at Colorado support of H.R. 800, the Education Flexibility need a helping hand. But there are a mul- College in the sixties and still a citizen of a titude of ways to help people than through Partnership Act of 1999 and I commend the South American country (I do not recall his distinguished gentlemen from the education government intervention and the sooner the name nor what land he came from), told me ‘‘moderates’’ realize this fact, the better off about five or six years ago when we re-met committee, Mr. GOODLING and Mr. CASTLE for all of our citizens will be. that he’d sent my editorial to one of the bringing this important legislation to the floor Both parties have been corrupted by fore- ministers in his country and it was barely today. going their ideals. The Democrats have been possible this ‘‘model’’ fed into their social This legislation will provide states and our taken over by the liberal faction of their security system. He claimed it was a very local education officials with greater flexibility party. My parents were rock ribbed anti- solid program and had helped make his coun- in using federal education funds to support lo- Roosevelt (both Franklin and Eleanor). They try financially strong. were Democrats who recognized the dan- You have tons of reading material and I cally-designed, comprehensive school im- gerous path that was starting to be followed hope this three page treatise isn’t so long it provement efforts. Currently only 12 states by the New Deal Democrats. Government will get just a cursory glance. Maybe you have this ability, but this bill would extend this run pension a.k.a. Social Security that only can read it on the plane? flexibility to all 50 states. Supported by many made our oldsters dependent on the Federal Your friend and supporter, groups such as the U.S. Chamber of Com- octopus and our young workers drawn into BILL. merce, the National School Boards Associa- one of the biggest Ponzi schemes of all time. tion, and the New York State United Teachers, And I remember my father saying that was f the expansion of the ed-flex program will give only the tip of the governmental inter- TRIBUTE TO PAUL M. AUSTER ference iceberg. In the twenties, my Dad was states and local school districts, much needed elected by the Trainmen’s Union to be one of regulatory relief to pursue education reforms, the board members of the Railroad Retire- HON. BILL ARCHER while maintaining a level of accountability. ment Fund. I remember full well how he OF TEXAS To ensure that this program will not be mustered the members of that board to re- IN THE HOUSE OF REPRESENTATIVES abused, the Secretary of Education must de- sist the take over of their pension plan by Thursday, March 11, 1999 termine that a state has an approved title I the Social Security board. His faction won plan or has made substantial progress in de- and that fund is one of the strongest pension Mr. ARCHER. Mr. Speaker, this week marks plans in the world today. It is independently the culmination of a very successful career for veloping and implementing state content run on a solid actuarial basis and it hasn’t Paul M. Auster who for the past twenty-three standards and assessments under the Ele- loaned one damn dime to the Federal Gov- years has served as Tax Counsel for the mentary and Secondary Education Act of ernment to hide deficit spending! House Committee on Ways and Means. 1965, in order to be eligible for ed-flex waiv- Springboarding from that background, I A native of Brooklyn, New York, Paul se- ers. Moreover, states are required to develop switched from being a Democrat to a Repub- cured his law degree from the College of Wil- detailed improvement plans, specific to the lican at about age twenty-five because I was liam and Mary in Virginia. Afterwards, he re- waiver authority requested, and must continue very uncomfortable with the direction of the to comply with basic federal requirements con- Democratic Party. Just about as uncomfort- ceived his Masters in Taxation from New York able as I am today, at age sixty-seven, with University and began public service in the cerning civil rights and educational equity. the Republican Party’s inclination to forego Chief Counsel’s Office at the Internal Revenue Ed-flex will reduce the federal demands on conservatism in favor of ‘‘getting along.’’ Service. In 1976, Paul joined the Republican local school districts and will allow local offi- Now that I’m getting close to the end of Staff of the Ways and Means Committee and cials the freedom to choose between what my life, I guess I shouldn’t be so passionate became responsible for all areas of the Tax works and what doesn’t work for their specific about these things. However, I have children Code relating to employee benefits, inter- school system. This will in turn, help the fed- and grandchildren who deserve better from national taxation and insurance. Anyone who eral government to see what federal regula- the Republican leadership than simply roll- tions are not being used by local districts and ing over and playing footsie with the Lib- is familiar with these issues knows that Paul erals. was the principal attorney dealing with some allocate those funds to other programs that Now, Bob, I’m not about to go down shout- of the most complicated provisions of the In- the state and local officials deem necessary ing at the wind without offering a plan of ac- ternal Revenue Code. and useful. tion. This is something I proposed in 1965, on Throughout his years with the Ways and This program helps everyone. Local districts the editorial pages of the now-defunct Colo- Means Committee, Paul assisted Members will have the flexibility to customize their

VerDate jul 14 2003 11:59 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR99\E11MR9.000 E11MR9 March 11, 1999 EXTENSIONS OF REMARKS 4363 schools to bring about maximum perform- goods and services, loss of competitiveness in who was Chief Executive Officer of New Bed- ances from their teachers and students, and the global economy, lack of investment in job ford Panoramex Corporation in Upland, Cali- the federal government will learn from the growth, and pressure on the ability of State fornia. Mr. Ozuna died Saturday, March 6, local and state officials which programs work and local governments to fund essential serv- 1999 at Queen of the Valley Hospital in West and which programs need to be changed. ices, such as crime prevention and education. Covina, California. He was 69. Once again I applaud the efforts of the Edu- More recently we have heard mayors decry Robert Ozuna was the oldest of four chil- cation Committee and I urge my fellow col- the effect that unwise Federal regulations dren born in Miami, Arizona to Mexican-Amer- leagues to support the ed flex bill. have on the problems of brownfields redevel- ican parents. In 1940, after his father’s early f opment and preventing reinvestment in our death, his family moved to East Los Angeles urban areas. As a former mayor of Richmond where he grew up with his mother, brother H.R. 1074 THE REGULATORY RIGHT- I am familiar with and very sympathetic to and two sisters. Robert was required to seek TO-KNOW ACT OF 1999 these problems. steady work at an early age to assist the fam- Unlike the private sector, where freedom of ily financially. HON. TOM BLILEY contract and free market competition drive Robert Ozuna emerged as one of the lead- OF VIRGINIA price and quality, Federal programs are only ing Mexican-American entrepreneurs in South- IN THE HOUSE OF REPRESENTATIVES accountable through the political process. ern California as Founder and President of Over the past few decades both Congress and Thursday, March 11, 1999 New Bedford Panoramex Corporation (NBP). the Executive Branch have driven growth in He gained his business experience on the job Mr. BLILEY. Mr. Speaker, today I am intro- Federal regulatory programs, creating layer and he gained his engineering education by ducing H.R. 1074, the Regulatory Right-to- upon layer of bureaucracy at great cost and attending night school in the California com- Know Act of 1999. The Regulatory Right-to- often with diminishing returns for the American munity and junior college system. Know Act is an important tool to understand people. Congress and the Executive Branch In 1966, Mr. Ozuna began to build his com- the magnitude and impact of Federal regu- must take concrete steps to manage and re- pany with a second mortgage on his resi- latory programs. The Act will provide all Amer- form these programs. The Regulatory Right-to- dence, a few electrician’s hand tools, hard icans, including state and local officials, with Know Act is a fundamental building block for work, and entrepreneurial instincts into the new tools to help them participate more fully a smarter partnership in federal regulatory pro- thriving electronics manufacturing business it and improve our government. Better informa- grams. The leadership we show or fail to show is today in Upland, California. NBP engages in tion and public input will help regulators en- will affect the quality of life for ourselves and the design, development, and manufacturing sure better, more accountable decisions and our children. of electronic communication systems and re- promote greater confidence in the quality of Bipartisan organizations representing the mote monitoring systems for its primary client, federal policy and regulatory decisions. Better Nation’s governors, mayors, professional city the United States Government. decisions and updated programs will help managers, county officials and others are Mr. Ozuna’s hard work and dedication were Americans enhance innovation, improve the unanimous in their support for the Regulatory recognized through such honors as the U.S. quality of our environment, make our families Right-to-Know Act. Citizens for a Sound Econ- Department of Transportation’s Minority Busi- safer, improve our economic security, and im- omy, the National Federation of Independent ness Enterprise Award for 1987 and again for prove the quality of life. Businesses, the U.S. Chamber of Commerce, 1991. He received the Air Traffic Control As- Mr. Speaker, we know the right steps. Over the National Association of Manufacturers, and sociation Chairman’s Citation of Merit Award the past four years, this Congress has many others agree that the American tax- in 1994. He was an active member of the Cali- changed the direction of Federal Government payers and consumers have the right-to-know fornia Chamber of Commerce for various cities from the endless burden of more taxes and the costs and benefits of federal regulations, and a founder of Casa De Rosa Annual Golf spending to the new fiscal discipline of bal- and have endorsed the Regulatory Right-to- Tournament, which he instituted to raise funds ance and accountability. For the past decade Know Act of 1999. for the Rancho de Los Ninos Orphanage in the genius of freedom and innovation has driv- I would like to thank Mr. MCINTOSH, Mr. BajaMar, Mexico. en American businesses through a quality and CONDIT, Mr. STENHOLM and others for their As industrious as Mr. Ozuna was in busi- productivity revolution. The result of this drive leadership on this bill in the 104th, 105th, and ness, he was equally involved sharing his toward efficiency and accountability is an 106th Congresses. As evidenced by the origi- prosperity with many philanthropic activities in American economy which is the unparalleled nal co-sponsorship list, the Regulatory Right- his community. He was the sponsor of many envy of the world. The freedom and innovation to-Know Act of 1999 has broad bipartisan sup- events in the Hispanic neighborhood where he of millions of Americans in private businesses port. Senator THOMPSON and Senator BREAUX grew up, and he was a founding director in the have brought incredible improvements to our have provided leadership in the Senate and East Los Angeles Sheriff’s Youth Athletic As- quality of life, health care, education, and have, once again, introduced the analogue to sociation, which promotes educational, athletic prosperity. Through the new emphasis on the Regulatory Right-to-Know Act. and drug awareness programs for more than flexibility and innovation, State and local offi- The legislation changes no regulatory stand- 60,000 youths in the Los Angeles Metropolitan cials have led the way to safer, cleaner and ard. It will, however, provide vital information area. more prosperous places to live. We in Con- to Congress and the Executive branch so they Robert Ozuna is remembered by his em- gress must be the allies of state and local may fulfill their obligation to ensure wise ex- ployees at New Bedford Panoramex Corpora- government, American business and families penditure of limited national economic re- tion as a handsome man who had a passion through responsible management of the Na- sources and improve our regulatory system. for life. His concern for his employees and tion’s regulatory programs to ensure quality in Let’s not forget that a tax or consumer dollar their families along with his abundant gen- necessary regulation and even greater free- spent on a wasteful program is a dollar that erosity to them was always present. dom from unwise regulation. cannot be spent on teachers, police officers or Robert Ozuna was married for 35 years to To do our jobs we must first understand the health care. If we are serious about openness, Rosemary, who passed away in November of impact of Federal regulatory programs on our the public’s right to know, accountability, and 1998. He is survived by his mother, Amelia economy and innovation. In addition to taxes, fulfilling our responsibility as managers, we will Ozuna; his sons, Steven Ozuna and Jeff the Federal Government imposes tremendous enact this important piece of legislation. Dominelli; his daughters, Nancy DeSilva and costs and restrictions on innovation on the pri- f Lisa Jarrett; his sisters, Lillian Gomez and vate sector, State and local governments and, TRIBUTE TO ROBERT L. OZUNA Vera Venegas; and his brother Tony Ozuna. ultimately, the public through ever increasing He also leaves 8 grandchildren. Federal regulations. Here too we must drive HON. GEORGE E. BROWN, JR. A Memorial Service will be held on Friday, toward quality, efficiency and accountability. March 12th at 12:00 noon, at St. Gregory’s OF CALIFORNIA Some estimates place the compliance costs Church, 13935 E. Telegraph Rd., Whittier, CA. IN THE HOUSE OF REPRESENTATIVES from Federal regulatory programs at more The burial will follow at Queen of Heaven than $680 billion annually and project substan- Thursday, March 11, 1999 Cemetery. tial growth even without new legislation. These Mr. BROWN of California. Mr. Speaker, I Mr. Speaker, Robert Ozuna’s life epitomized costs are often hidden in increased prices for rise today to pay a tribute to Robert L. Ozuna, much that is the American dream. He rose

VerDate jul 14 2003 11:59 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00014 Fmt 0689 Sfmt 9920 E:\BR99\E11MR9.000 E11MR9 4364 EXTENSIONS OF REMARKS March 11, 1999 from economically humble roots to found and Drinan, was during his very impressive tenure new foreign policy priorities. Arms control head a well-respected electronics manufac- here an important spokesman for a sensible experts, activists and academics in the peace turing firm, and he gave back to his commu- reordering of our national spending priorities. community and scores of religious organiza- nity and to those around him, helping to create Since leaving Congress, Father Drinan, has tions feel spurned by Clinton as he agrees to go along with the Pentagon with business as a better future for others through his life. continued to be a leader on issues of human usual. America is a better place because of Robert rights and social justice, and his most recent Ozuna, and he will be sorely missed. article on national policy makes in a compel- The Council for a Livable World and simi- lar organizations get regular assessments f ling way the case against the proposed mili- from military experts of what the United tary budget increases President Clinton has States needs to deal with its current chal- LEGISLATION TO MEMORIALIZE unfortunately requested. Father Drinan sets VETERANS WHO DONATE THEIR lenges. Their estimate is nowhere close to this in the appropriate context and I believe the $260 billion available to the Pentagon ORGANS his reasoning is persuasive and his facts com- this year. pelling. As Father Drinan notes in this article There certainly is no need for the entire HON. BOB GOODLATTE in the National Catholic Report for January 22, world to be spending $780 billion on arms this OF VIRGINIA ‘‘the world scene has changed, but neither the year. IN THE HOUSE OF REPRESENTATIVES White House nor the Pentagon seems to have The world scene has changed, but neither Thursday, March 11, 1999 heard the good news.’’ I ask that this impor- the White House nor the Pentagon seems to Mr. GOODLATTE. Mr. Speaker, several tant statement be printed here. have heard the good news. The military is still operating with 80 percent of its Cold months ago, I was contacted by one of my THE MILITARY-INDUSTRIAL COMPLEX JUST War budget and much the same attitude. constituents, Mrs. Linnae Hedgebeth of MARCHES ON Salem, Virginia. She requested that my office (By Robert F. Drinan) The military establishment in this country intervene on a matter of great importance to When I read in early January that Presi- is awesome. It includes 1,396,000 men and dent Clinton had agreed to support the Pen- women on active duty, 877,000 in the reserves her family, and others across the country. and 747,000 full-time civilians. Imagine the Mrs. Hedgebeth is the widow of Roger tagon’s request for an increase of some $125 billion over the next six years, I became cer- impact if only a fraction of this vast armada Hedgebeth, Sr., a decorated World War II vet- joined the 7,000 Peace Corps volunteers serv- eran and a career civil servant. When Mr. tain that the United States had failed to produce a new foreign policy for the world ing the poor in useful ways. Hedgebeth passed away in 1997, he re- after the Cold War. Supervision of the sprawling world of the quested that his body be donated to assist in All my anxieties and misgivings about U.S. Department of Defense seems to be beyond medical research, and that his ashes be me- foreign policy in the six years of the Clinton even the Congress. There are 122 separate morialized at Arlington National Cemetery. Fol- administration coalesced into the conviction kinds of accounting used by the Department lowing his wishes, his family donated his body that the United States had lost an unprece- of Defense—so many that even the Penta- to science, but unfortunately were not able to dented opportunity to fashion for the entire gon’s inspector general admits the need for give this military hero the final recognition that world a policy that would relieve hunger, reform. And although there is every indica- he deserved at Arlington National Cemetery. promote democracy and bring stability to tion that the country’s military needs are troubled regions. shrinking, the Pentagon asked Congress for As it stands now, due to various legal con- Since the Warsaw Pact and world com- cerns, no ashes of individuals who donate 54 new slots for generals and admirals this munism dissolved in 1990, the entire human year. their bodies to science are returned. And un- family has been looking to the United States fortunately, current regulations at Arlington Na- for moral leadership that could usher in a It should also be remembered that the Pen- tional Cemetery prohibit memorializing vet- new era of peace. tagon resisted and prevented America’s ac- ceptance of the international ban on land erans in the Columbarium unless their remains The military has not rethought its goals since 1990. The one review the Pentagon con- mines whose advocates captured last year’s are actually inurned there. While I understand Nobel Peace Prize. The Pentagon blocked that space is limited at Arlington, and it is nec- ducted resulted in the questionable finding that the United States must be prepared to U.S. participation in the new International essary to follow strict guidelines regarding bur- wage two regional wars at the same time. Criminal Court, a sort of permanent Nurem- ial and memorialization, I cannot accept that That theory has never been approved by Con- berg Court, and it was the Pentagon that an entitled veteran can be denied appropriate gress following hearings or evaluated in the spent $35 billion in 1998 monitoring and recognition simply because he has donated crucible of public opinion. maintaining some 12,500 nuclear warheads. his remains to further medical research. It is self-evident that the world has Opportunities to protest the latest surge in While our nation is blessed with many treas- changed radically since the disappearance of defense spending will probably be minimal, ures, none is more cherished than the peace the Soviet Union. The nations of the world since the administration and Congress usu- we enjoy in our prosperous country. Arlington do not need military jets or sophisticated ar- ally push such measures through as a matter maments; they need the skill and resources of routine. National Cemetery has long been a sanctuary to promote economic stability and make There is no sign of hope. Dale Bumpers, for remembrance to veterans who provided adequate provision for health and education longtime arms control advocate, took office and safeguarded that peace. We should not for their people. deny any eligible veteran that recognition sim- America could help make that happen. In- Jan. 4 as the new director of the Center for ply because they may choose to help others stead, the White House chooses to invest the Defense Information. After 24 years as a nation’s wealth in the largest boost in mili- Democratic senator from Arkansas. Bumpers by donating their remains to medical study. now head up an organization composed of re- With that said, Mr. Speaker, I submit this bill tary spending since the heyday of the Reagan buildup. The Air Force will be able tired high-ranking military officers devoted which seeks to modify current regulations to to developing a sensible military policy for allow otherwise eligible veterans, who have to buy more F–22 fighters, and Army can ac- quire new Comanche attack helicopters and the United States. donated their bodies to science, to be memori- the Navy will build new ships. Widely regarded as a leader on arms con- alized at the Columbarium in Arlington Na- In so doing, the president may have headed trol issues, Bumpers will carry forward the tional Cemetery, not withstanding the absence off a potentially dangerous issue in the race center’s work seeking a sensible and bal- of their physical remains. I urge my colleagues for the White House in the year 2000. Vice anced military policy. Bumpers opposed to support this important legislation. President Gore will not have to face charges plans for an elaborate missile defense sys- of letting America’s guard down. But mean- f tem, fought against the F–22 and supported while the opportunity to rethink the mili- procurement reform at the Pentagon. tary policies of the United States in a FATHER DRINAN’S VOICE FOR The present dominance of the Pentagon postcommunist world is slipping away. SANITY and its arms merchants reminds one of the For me, the concession of 1999 to the Pen- familiar but distressingly true observation of tagon symbolize the failure of the White President Dwight Eisenhower in his farewell HON. BARNEY FRANK House to engage Congress and the country in address of Jan. 17, 1961. The only U.S. general OF MASSACHUSETTS a fundamental re-examination of what to be president in the 20th century said: IN THE HOUSE OF REPRESENTATIVES America should do as the human family Thursday, March 11, 1999 struggles with feeding, sheltering and keep- ‘‘We must guard against the acquisition of ing all its members safe. unwarranted influence, whether sought or Mr. FRANK of Massachusetts. Mr. Speaker, The White House has rejected all the unsought, by the military-industrial com- my predecessor in Congress, Father Robert voices since 1990 that have been pressing for plex.’’

VerDate jul 14 2003 11:59 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00015 Fmt 0689 Sfmt 0634 E:\BR99\E11MR9.000 E11MR9 March 11, 1999 EXTENSIONS OF REMARKS 4365 ONE YEAR ANNIVERSARY OF THE Black School Educators, Association of Ortho- the House and Senate Veterans’ Affairs Com- STONEVILLE TORNADO dox Jewish Teachers, and the New York Coa- mittees over the past few weeks. I carefully lition of 100 Black Women. studied the Independent Budget for Fiscal HON. RICHARD BURR Ms. Sowell is an active member of the Year 2000, which I mentioned earlier. I hear a OF NORTH CAROLINA Christian Life Center in Brooklyn. Born in strong sense of urgency and frustration and IN THE HOUSE OF REPRESENTATIVES Brooklyn, New York, Ms. Sowell was the even anger that I’ve never heard before. fourth of five children from the union of her be- America’s veterans are telling us that they Thursday, March 11, 1999 loved parents, Mildred and Clyburn Sowell. have done more than their fair share—and Mr. BURR of North Carolina. Mr. Speaker, In closing, Mr. Speaker, I am pleased to now they expect us to be their advocates. on the afternoon of March 20, 1998, a tornado honor an unselfish, positive role model for the As I read the Independent Budget, I was ripped through the town of Stoneville, NC community, Ms. Valeria Sowell. struck by this powerful statement that I would which is in my district. The people of this small f like to share with you. The signers of the Inde- town had no warning before the powerful pendent Budget said, ‘‘As the Administration winds of an F2 tornado ravaged the downtown A BUDGET WORTHY OF OUR and Congress develop budgets and policies area and touched the surrounding towns of NATION’S VETERANS for the new millennium, we urge them to look Madison and Mayodan. up from their balance sheets and into the The path of the tornado was 12 miles long HON. BOB FILNER faces of the men and women who risked their and 100 to 400 yards wide. It claimed the lives OF CALIFORNIA lives to defend our country. We ask them to of 2 individuals while damaging or destroying IN THE HOUSE OF REPRESENTATIVES consider the human consequences of inad- 500 to 600 homes and nearly all of the busi- Thursday, March 11, 1999 equate budgets and benefit denials for those nesses in the downtown area. who answered the call to military service.’’ Yet, after facing this devastating force of na- Mr. FILNER. Mr. Speaker, I rise today to I took this to heart! Because, as I said ear- ture, the people of Stoneville did not give up. speak about a travesty that happened in the lier, the Administration budget of $43.6 billion They pulled together with the aid of their House Committee on Veterans’ Affairs just a is completely unacceptable, we Democrats on neighbors and have been rebuilding their few hours ago. As we all know, this committee the Veterans’ Affairs Committee developed a homes, their businesses and their lives over has had a long-standing tradition of bipartisan- proposal, based on this Independent Budget, the past 12 months. ship, of working together, of advocacy for our that would add $3.19 billion to the Administra- I was there the night of the tornado, and nation’s veterans. tion proposal. from that time until now I have witnessed the That all changed today. Unbelievably, on We came to the meeting today, hoping for best in the human spirit as everyone has vol- the eve of the bipartisan retreat in Hershey, a full discussion of the chairman’s proposal unteered to help those in need. Pennsylvania, the Members of the majority on which added $1.9 billion to the Administra- The buildings were destroyed, but not the this committee decided not to allow a discus- tion’s request, the Democratic alternative determination to survive. This is a true exam- sion or a vote on an alternative budget that which added $3.19 billion—and a vote on ple of American’s working together for the was derived from the Independent Budget for which one to send to the Budget Committee. good of their fellow man. Fiscal Year 2000, a comprehensive policy For I believe that it is our duty, as members I salute the people of Stoneville and all of document created by veterans for veterans of the Veterans’ Affairs Committee, to send to their neighbors who have volunteered for their and endorsed by over 50 veterans’ service or- the Budget Committee the very best ‘‘views will to rebuild rather than to let their heritage ganizations. and estimates’’ on the VA budget that we can. be destroyed. I wish them the best and bright- As we are well aware, the Administration’s In a democratic society, it is our right to be est future which they surely deserve. fiscal year 2000 budget for veterans is com- able to express ourselves, to debate and dis- f pletely unacceptable. Under this budget, the cuss various alternatives, and to vote! VA health care system is drastically under- The chairman’s recommendation could have HONORING VALERIA SOWELL funded and in danger of actual collapse. This gained more votes than the Democratic alter- budget for the GI Bill is far short of realistic native proposal, but we will never know. Be- HON. EDOLPHUS TOWNS needs and failing as a readjustment benefit cause a vote was not permitted. Not to allow OF NEW YORK and as a recruitment incentive. Desperately a full discussion of the needs of veterans and IN THE HOUSE OF REPRESENTATIVES needed staffing increases included in this the best way to meet those needs—this is budget appear to be phony—little more than Thursday, March 11, 1999 simply outrageous. These are the needs of transparent shell games. The National Ceme- our veterans that we are talking about! Let us Mr. TOWNS. Mr. Speaker, I rise to honor tery System has been underfunded for years, hope that the travesty that occurred this after- Ms. Valeria Sowell for her distinguished serv- and the money needed for the most basic re- noon in the Veterans’ Affairs Committee will ice to the Brooklyn community of East New pairs and upkeep is unavailable. These are not be repeated for a very long time. York. A teacher for fifteen years, Ms. Sowell drastic problems and they demand serious, As the Independent Budget asks of us, I ask has served her community as educator, lob- substantial solutions! Veterans have been my colleagues to remember the faces of the byist, and activist. wronged by this budget, and it is the responsi- men and women who sacrified so much as we Known for her no nonsense approach to bility of Congress to right that wrong. develop a budget worthy of our nation’s vet- solving problems, Ms. Sowell earned the re- For many, many years, America’s veterans erans. spect and admiration of members of the com- have been good soldiers. They have done f munity by helping to establish The Cleveland their duty and been conscientious, responsible Street Block Association. In addition to com- citizens. Every time the Veteran’s Affairs Com- TRIBUTE TO DR. MARLENE DAVIS munity development, Ms. Sowell is concerned mittee was handed a reconciliation target, it about health issues in Brooklyn. Wearing her met that target. Billions of veterans’ dollars HON. SANDER M. LEVIN hat as community lobbyist, Ms. Sowell is pres- have been handed over in order to balance OF MICHIGAN ently working with members of the New York the budget and eliminate the deficit. Time and IN THE HOUSE OF REPRESENTATIVES General Assembly to change state law to per- time again, America’s veterans answered their mit HMO coverage of alternative forms of nation’s call. The country needed their sup- Thursday, March 11, 1999 medicine. port, and America’s veterans gave all that they Mr. LEVIN. Mr. Speaker, I rise today to While serving as American Federation of could give. honor Dr. Marlene Davis, Superintendent of Teachers School Delegate, Ms. Sowell was Well, the budget deficit has been eliminated. the Southfield Public Schools. honored by her peers with the prestigious That battle has been won. I believe that this Dr. Davis recently was named the 1999 Very Special Arts Award and later the Impact year, it is time for America’s veterans to come Michigan School Superintendent of the Year. Award. She is affiliated with several organiza- first. We, as a nation, owe them that. A native of Dearborn, Michigan, Dr. Davis has tions, including the NAACP, Democratic Na- I listened closely to the testimony of the an extensive educational background. She tional Committee, New York Alliance of Black many veterans’ service organizations as they holds a Bachelors of Arts in Art History, from School Educators, New York Coalition of have come to Washington to appear before Michigan State University; a Masters of Arts in

VerDate jul 14 2003 11:59 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00016 Fmt 0689 Sfmt 9920 E:\BR99\E11MR9.000 E11MR9 4366 EXTENSIONS OF REMARKS March 11, 1999 Guidance and Counseling, from the University ance by a musical star’’ as well as the Drama self from his community, but remained an ac- of Michigan; a Masters of Science and a Ph.D. Critics Poll and the Drama League Award. He tivist who his neighbors in Warwick, NY, knew in Education Administration, from Purdue Uni- repeated the role in London Center, and on a they could count upon for assistance with versity. record-breaking tour of the United States. community concerns, most especially in pro- Before coming to the Southfield Public Born in Chicago, Richard began his career tecting the local environment. Schools in 1991, Dr. Davis was the Super- in radio as a soap opera juvenile in such vin- Richard devoted time and energy to a num- intendent of Novator Unified Schools and Fill- tage favorites as ‘‘The Guiding Light’’ and ‘‘Ma ber of charitable concerns, and has never more Unified Schools, in California from 1985 Perkins.’’ After three-and-a-half years in the been known to turn his back on any worthy to 1991. She was also a proud member of the Navy, his first significant employment was to cause or individual in need of help. United States Peace Corps for three years, understudy Anthony Quinn in the touring com- Richard Kiley was truly a man for all sea- serving in Sierra Leone. pany of ‘‘A Streetcar Named Desire’’ and later sons and all generations. Dr. Davis was named Michigan’s 1999 Su- take over the role of Stanley. He was first We extend our condolences to Richard’s perintendent of the Year because of her vision seen on Broadway as Joey Percival in the widow Pat, and to his six children: Kathleen, and leadership as exemplified by her initiation successful revival of Shaw’s ‘‘Misalliance,’’ for Erin, Dierdre, David, Michael, and Dorothy. of the Southfield Public Schools strategic plan, which he received the Theater World Award. Richard also leaves behind 12 grandchildren designing the framework of the high school re- Richard’s first musical role was the Caliph in and one great-grandchild. structuring plan and the implementation of var- ‘‘Kismet’’ in which he introduced the classic, Richard Kiley was a person who could serve ious diversity programs. haunting song, ‘‘Stranger in Paradise,’’ which as a role model not only to aspiring actors and Although she has dedicated the last 20 was one of the biggest hit songs of the actresses, but to all young people who aspire years of her life to make education a priority 1950’s. For a time he was in the enviable po- to success in their professions and as good for the leaders of tomorrow, Dr. Davis is deep- sition of alternating straight plays with musi- citizens. Richard Kiley is an individual whose ly involved in the Southfield community as cals, following the Caliph and Major Cargill in shoes will be difficult to fill, and who will long well. This includes serving on the Boards of the Theater Guild’s ‘‘Time Limit.’’ He co- be missed. the following: Southfield Chamber of Com- starred with Gwen Verdon in ‘‘Redhead,’’ for f merce, the Southfield Community Foundation, which he won his first Tony Award. The fol- lowing season he was seen as Brig Andersen CHEAP CAR PARTS CAN COST YOU the Metro Detroit Bureau of School Studies, A BUNDLE Gilda’s Club and the Southfield Total Living in ‘‘Advise and Consent,’’ the dramatization of Allen Drury’s Pulitzer Prize-winning novel, Commission. after which he co-starred with Diahann Carroll Mr. Speaker, I ask my colleagues to join me HON. EDOLPHUS TOWNS in Richard Rodgers’ ‘‘No Strings.’’ in congratulating Dr. Marlene Davis as the re- OF NEW YORK Richard co-starred with Colleen Dewhurst in IN THE HOUSE OF REPRESENTATIVES cipient of this most prestigious award and the Spoleto Festival production of O’Neill’s ‘‘A Thursday, March 11, 1999 wishing her success as she continues to serve Moon for the Misbegotten.’’ He returned to the educational community. Broadway as Caesar in ‘‘Her First Roman,’’ Mr. TOWNS. Mr. Speaker, I would like to f followed by the ‘‘Incomparable Max,’’ ‘‘Voices’’ bring to my colleagues’ attention the attached A TRIBUTE TO RICHARD KILEY with Julie Harris, ‘‘Absurd Person Singular,’’ article, ‘‘Cheap Car Parts Can Cost You a ‘‘The Heiress,’’ and ‘‘Knickerbocker Holiday.’’ Bundle’’, from Consumer Reports which ap- HON. BENJAMIN A. GILMAN He appeared at the Kennedy Center in ‘‘The peared in its February 1999 issue. Master Builder’’ and at the Edinburgh Festival CHEAP CAR PARTS CAN COST YOU A BUNDLE OF NEW YORK in an American poetry reading with Princess One January morning last year, Daniel IN THE HOUSE OF REPRESENTATIVES Grace of Monaco. He played Tartuffe at Phila- Della Rova was passing another car at about Thursday, March 11, 1999 delphia’s Drama Guild, Moliere in ‘‘Spite of 55 mph on Route 222 near Kutztown, Pa. Sud- Himself’’ at the Hartford Stage, and toured as denly the hood of his 1988 Honda Accord flew Mr. GILMAN. Mr. Speaker, it is with deep Scrooge in a new musical version of ‘‘A up, fractured the windshield, and wrapped regret that I report to our colleagues the pass- Christmas Carol.’’ He was last seen on Broad- itself around the roof. Unable to see ahead, ing this past weekend of one of the out- way in the revival of Arthur Miller’s ‘‘All My Della Rova gripped the wheel tightly and standing actors in American show business— managed to steer to the side of the road. Sons’’ for which he received a Tony nomina- an individual for whom respect was universal. ‘‘Luckily,’’ he says, ‘‘I didn’t hit anything.’’ tion. But the insurance company declared the car Richard Kiley was one of the most re- His television career began during the medi- spected members of his craft because he a total loss. um’s ‘‘Golden Age’’ and continued until his According to Charlie Barone, a vehicle brought sincerity and professionalism to every- death with regular guest appearances on damage appraiser in Malverne, Pa., who has thing he did. Richard Kiley was not only a gift- many popular shows. He received both the examined the car, the cause of the mishap ed actor, but a great humanitarian, whose Emmy and Golden Globe Awards for his per- was what collision repairers disparagingly friendship spanned nearly a half century. formances in ‘‘The Thorn Birds,’’ as the lead call offshore ‘‘tin’’—a cheap imitation hood Richard was one of the few people in show made by a Taiwan manufacturer. It’s one of star in the series ‘‘A Day In The Life,’’ and as many, mostly Asian-made imitations of business who had the reputation of lending Kathy Baker’s father on the acclaimed series, class to every project he had undertaken. automakers’ OEM (original equipment man- ‘‘Picket Fences.’’ ufacture) parts. From originating the starring role in ‘‘Man of Richard Kiley’s motion picture career began Barone, an outspoken critic of imitation LaMancha’’ to providing the voice over of thirty with his spellbinding, standout performance in parts, says they’re cheaper than OEM for a years of ‘‘National Geographic’’ documen- the classic 1955 film, ‘‘The Blackboard Jun- reason: ‘‘They’re inferior to original manu- taries, and from his Emmy-winning role as star gle.’’ Other notable performances include his facturer parts.’’ of ‘‘A Day In The Life’’ to his guest appear- roles in ‘‘Eight Iron Men,’’ ‘‘The Phoenix City He adds that the previous owner of Della ances on various other programs, and his Story,’’ ‘‘The Little Prince,’’ and ‘‘Looking for Rova’s Honda, who had damaged the original most recent film, ‘‘Patch Adams,’’ Richard hood in a minor accident, probably paid $100 Mr. Goodbar,’’ in which he appeared as Diane less for the imitation hood than the $225 the Kiley brought grace, dignity and intelligence to Keaton’s father. Richard also appeared in Honda OEM part would have cost. But the all of his many roles. ‘‘Endless Love,’’ and his last film, the box of- real cost could have been catastrophic. In recent years, we came to rely on Richard fice and critical smash, ‘‘Patch Adams.’’ Rich- An auto-repair problem similar to Della Kiley, not only for his advocacy of the National ard Kiley possessed one of the most melo- Rova’s may be parked in your driveway right Endowment for the Arts and other programs to dious and thus frequently heard voices in now. If your car was ever in an accident, the encourage artistic development, but also his show business. He narrated numerous tele- repair shop may have installed cheap imita- concern for the environment of his home town vision programs throughout the years, includ- tion parts, perhaps without your even know- ing it. of Warwick. ing thirty years of ‘‘National Geographic’’ spe- Crash parts are a big business. Each year, Richard Kiley is perhaps best known as the cials, ‘‘Mysteries of the Bible,’’ ‘‘Nova,’’ and U.S. drivers have an estimated 35 million first actor to play the title role in ‘‘Man of ‘‘The Planet Earth.’’ automobile accidents costing some $9 billion LaMancha’’ for which he received the Tony Unlike many successful show business per- in crash parts. The most frequently replaced Award for ‘‘the most distinguished perform- sonalities, Richard Kiley did not divorce him- parts are bumpers and fenders.

VerDate jul 14 2003 11:59 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00017 Fmt 0689 Sfmt 0634 E:\BR99\E11MR9.000 E11MR9 March 11, 1999 EXTENSIONS OF REMARKS 4367 Not all imitation parts are bad. Various The debate over quality should heat up lic affairs for the Consumer Federation of brand-name replacement batteries, filters, this summer as a $10.4 billion class-action America and the author of a long list of con- spark plugs, and shock absorbers can provide lawsuit, Snider vs. State Farm, goes to trial sumer-oriented books. quality along with competitive pricing. in Marion, Ill. The suit accuses State Farm Ditlow says that CAPA parts are better Some body-part copies are OK, too, but oth- of pressing shops and policyholders to use quality than non-CAPA imitation parts ‘‘by ers are junk. imitation parts that aren’t equal in quality virtue of the fact that you set a standard.’’ Several consumer groups have supported to OEM parts. That’s ‘‘a breach of their But when asked, neither he nor Gillis pro- imitation crash parts, and for good reason: promise to resote the vehicle to pre-loss con- vided compelling evidence to support that These parts provide competition, forcing dition, says Thomas Thrash, an attorney for claim. automakers to reduce prices. That’s good for the plaintiffs. Gillis also says that CAPA parts are of consumers—but only if quality doesn’t suf- State Farm firmly denies this. ‘‘We believe ‘‘like kind and quality’’ to OEM parts. But fer. Unfortunately, the quality of imitation these [non OEM] parts are of the same qual- CAPA’s quality-standards manual requires crash parts can vary widely. ity as the manufacturer parts,’’ says spokes- only ‘‘functionally equivalent’’ parts. Such a Many collision repairers complain that man Dave Hurst. careful choice of words is significant: A Sat- imitation parts generally don’t have the Insurers haven’t always looked kindly on urn may be functionally equivalent to a same fit and quality as OEM parts. ‘‘Ap- non-OEM crash parts. In the early 1980s, BMW, but the two are hardly equal. proximately 75 percent of the time, you have State Farm’s periodic repair reinspections A twice-a-year survey of 500 repair shops to make modifications or tweak the sheet revealed that many repair shops were charg- done for the auto industry by Industrial metal to make aftermarket body parts fit,’’ ing for OEM parts but installing cheaper imi- Marketing Research of Clarendon Hills, Ill., says Phillip Bradshaw, owner of Bradshaw tations and pocketing the difference. does suggest that CAPA parts are better Collision Centers in Madison, Tenn. ‘‘And ‘‘The shops were making a very long dol- than non-CAPA and that the quality of all even then, it’s often impossible to get the lar,’’ says Stan Rodman, director of the imitation parts is improving. But according alignment and fit right.’’ Automotive Body Parts Association, which to the same study, only one-third of repair In an effort to assure the quality of imita- represents manufacturers and distributors of shops termed CAPA parts an acceptable sub- tion body parts, the insurance industry es- imitation parts—and which was briefly the stitute for OEM parts. Two-thirds judged the tablished the nonprofit Certified Automobile predecessor of CAPA. ‘‘They were getting a quality of CAPA parts ‘‘somewhat worse’’ or Parts Association in 1987. To date, CAPA’s non-OEM fender for 90 bucks that the insur- ‘‘much worse’’ than OEM parts. certification program covers a small per- ance company was paying them $400 for.’’ In the IMR study, repairers also indicated centage of imitation body parts. By the mid-’80s, however, insurers began that customers came back twice as often Because of the controversy over the price recommending imitation parts. Their repair with complaints about imitation parts, and and quality of collision-repair parts, we de- estimates assured policyholders that the that shops often must absorb the cost of cided to conduct our own tests on fenders parts were as good as OEM parts. extra labor. and bumpers to learn about their quality The plaintiffs in the State Farm suit allege Last March, the Automotive Service Asso- firsthand. All the non-OEM fenders that Con- that the insurer knew better. In June and ciation (ASA), representing more than 12,500 sumer Reports tested were CAPA-certified. August 1986, for example, State Farm con- repair shops, withdrew its support of CAPA (CAPA doesn’t certify bumpers.) sultant Franklin Schoonover warned the because ‘‘CAPA has failed in its mission’’ We also investigated the claims and coun- company’s research department that a sam- and hasn’t assured imitation crash parts terclaims about the benefits of aftermarket pling of imitation crash parts tested earlier that are equal in quality and consistency to parts. Our tests and investigation uncovered that year by the Detroit Testing Laboratory OEM. two key findings: represented a ‘‘major risk for consumer ‘‘ASA is no friend of the consumer,’’ says Most auto insurers endorse imitation parts usage when compared to the GM OEM Ditlow. ‘‘These are people who have an agen- because they can be 20 percent to 65 percent parts.’’ da, and that agenda is higher repair costs.’’ less expensive than OEM. But the companies The lab found that some of the imitation But CAPA board member Clark Plucinski, we surveyed provided no evidence that those parts weren’t as strong, were more likely to who oversees a network of 30 repair shops, savings are being passed on to policyholders. have problems with cracking and peeling says that ASA has grown frustrated with the The imitation bumpers and fenders we paint, and showed weight differences, indi- slowness of CAPA’s progress, despite the fact tested were inferior to OEM parts. The cating a wide variation in quality control. that CAPA is improving the quality of all bumpers fit badly and gave poor low-speed In 1987, Ford sued Keystone Automative In- imitation parts. crash protection. Most of the fenders also fit dustries, the largest distributor of non-OEM Gillis says that CAPA has an ‘‘aggressive’’ worse than OEM fenders, and they rusted body parts in the U.S., for using the phrase program to solicit complaints from repair more quickly when scratched to bare metal. ‘‘like kind and quality’’ to compare its imi- shops, but that last year it received only THE PRICE VS. QUALITY DEBATE tation parts with OEM parts. In 1992, a U.S. 1,055 complaint forms on some 2.3 million Some insurers acknowledge there’s a qual- District Court ruling found that Keystone’s CAPA parts used. However, Plucinski says ity problem. That’s why the Interinsurance claims were ‘‘false’’ and ‘‘made with the de- that hands-on collision-repair people are Exchange of the Automobile Club of South- liberate intention of misleading the public.’’ more likely to chew out the parts supplier ern California uses only OEM metal body In a $1.8 million settlement, Keystone agreed than to fill out a complaint form. parts. ‘‘We have found significant problems to allow Ford to state in its advertising, ONE SIZE FITS NONE in the quality and specifications of non-OEM ‘‘Crash parts from Keystone do not meet Collision repairers we talked to almost sheet metal,’’ says spokeswoman Carol Ford OEM quality.’’ universally complained that too many imita- ‘‘We should not have made those state- Thorp. tion parts, whether CAPA-certified or not, ments,’’ says Charles Hogarty, president and Raleigh Floyd, an Allstate spokesman, leave noticeable gaps and don’t always CEO of Keystone, which now uses the term says that his company uses OEM parts—and match the car’s contours. They ‘‘fit like a ‘‘functionally equivalent’’ to describe its imitation parts ‘‘whose quality has been cer- sock on a rooster’s foot,’’ says a Scottsdale, products. Hogarty says the description is tified’’ by CAPA. But our tests of some Ariz., collision repairer who fixes almost 200 ‘‘probably loose enough to mean whatever CAPA-certified fenders indicate that the cars each month. CAPA seal of approval is no guarantee of you want it to mean . . . it’s not identical ‘‘Fifty to 70 percent of the time the darn quality comparable with that of an OEM and there may be some minor, we’d say in- things don’t fit,’’ says John Loftus, execu- part. (The CAPA seal was affixed to the hood significant, differences.’’ tive director of the 8,000-member Society of on Della Rova’s Honda.) THE CONSUMER CONNECTION Collision Repair Specialists, a trade associa- Also, some consumers may not know what After it was established in 1987, CAPA tion. kind of parts they’re getting. They may sim- compiled a manual that spells out quality Jerry Dalton, owner of the Craftsman Auto ply assume their car will be restored to its controls, test procedures, and other steps re- Body chain in Virginia, says, ‘‘I like the idea precrash condition. quired for manfuacturers to get its seal. of alternate parts other than OEM to keep Besides fenders and hoods, CAPA certifies In 1988, CAPA added consumer advocate pricing in line, and we try to use them as other sheet-metal and plastic parts. In the Clarence M. Ditlow to its nine-member often as we can. But we still have to return crash parts market, CAPA parts account for board. Ditlow is executive director of the a large percentage of them.’’ 3 percent or less of the units sold. OEM parts Center for Auto Safety, a nonprofit watch- In a demonstration in Colorado Springs, account for 72 percent; salvage parts, 10 per- dog group founded in 1970. (He is also on the Colo., last October by the Collision Industry cent. Non-CAPA imitation parts make up board of directors of Consumers Union, Pub- Conference (CIC), a repair-shop education the remaining 15 percent. CAPA loons large lisher of Consumer Reports. The center re- and training group, a CAPA hood and fender in the industry because it’s the only organi- ceived funding from CU during its early and a non-CAPA imitation headlight assem- zation that sets quality standards for imita- years.) bly didn’t fit properly on an undamaged 1994 tion replacement parts. Although its overall In 1989, CAPA hired Jack Gillis as its exec- Toyota Camry, though a non-CAPA parking market share is small, CAPA is growing. utive director. Gillis is also director of pub- light and grille did fit. (Gillis, who was at

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the demonstration, says that the fender had ers in the New York area and in California, CR’S TEST RESULTS: BUMPERS been decertified just days earlier, and that couldn’t find non-CAPA fenders for these CAPA doesn’t certify bumpers. A repair he himself decertified the hood on the spot.) cars.) Without making the extensive modi- shop under our engineers’ supervision in- At another CIC demonstration in Dallas last fications a professional shop might have to stalled a total of 4 OEM and 17 imitation December, all the CAPA and non-CAPA sub- carry out, we judged their appearance. bumpers, bought in the New York area and stitute parts fit well. Two of the Ford OEM fenders matched up in California, on our Honda Accord and Ford Of 160 repairs shops surveyed last year by nicely, while the third didn’t fit as well, By Taurus. We saw startling deficiencies in the Frost & Sullivan, an independent inter- contrast, we found fit problems with all six imitations. national marketing-consulting firm in CAPA fenders for the Ford. Some would re- How they fit. All the OEM bumpers fit Mountain View, Calif., 89 percent said that it quire widening the holes or using shims. The nicely. But none of the imitations did, even takes about two hours longer to install an worst didn’t match the contour of the car after we redrilled or widened their holes as imitation part, costing $60 to $90 extra in and would require significant reworking. needed. All left large gaps or uneven sur- labor. All three Honda OEM fenders fit well. faces. Three of the CAPA fenders for the Honda How they protect. Our hydraulic bumper- HOW CAPA TESTS also fit well, but the other three had prob- basher simulated the thumps that might CAPA uses Entela Laboratories, an inde- lems similar to those for the Ford. occur, say, in a parking lot—at 5 mph head- pendent test lab in Grand Rapids, Mich., to We then had a repair shop install one OEM on, 5 mph offset, and 3 mph on the right cor- verify adherence to its standards. Entela has feeder and two CAPA fenders on each car, al- ner. That’s our standard test for new cars. industry-standard equipment and the capa- lowing the professionals to work the metal The OEM bumpers suffered only minor bility for testing materials. as they ordinarily would to make it fit. The damage. Even so, repairing the scuffs and in- Reports provided by Entela detail various shop found problems similar to the ones we dentation on the Ford bumper would cost side-by-side tests of materials in parts being found with the CAPA fenders. After working $235, and replacing the Honda’s scuffed considered for CAPA certification and their for an extra 30 to 60 minutes, the shop judged bumper cover and underlying brackets would OEM counterparts. Entela reports for the the resulting fit acceptable, though not as cost $576. Those are pricey scuffs, but at Honda and Ford fenders we evaluated include good as that of the OEM fenders. least the OEM bumpers protected the cars material thickness, chemical composition, Rust resistance. To simulate what rocks, themselves from damage. tensile strength, and corrosion resistance. vandals, or a shopping cart might do in the In our 25 years of bashing hundreds of new- The imitation part must be within certain real world, we scratched a grid down to bare car bumpers, we’ve seen few perform as mis- limits of the OEM part in order to be granted metal on four primed but unpainted fend- erably as the imitations. Twelve of the 17 certification. ers—two OEM and two CAPA-certified. We sustained so much damage in the first bash The other half of the certification process then hired a lab to put them through a cyclic that we couldn’t test them any further. is inspection of fit, done at the factory. The 168-hour salt-spray fog test, in accordance One imitation bumper shattered and al- Entela fender reports we read list measure- with industry test standards. Both CAPA lowed our basher to damage the Ford’s head- ments of gaps, flushness with mating parts, fenders showed heavy red rust by the end of light mounting panel, radiator support, and and size and location of holes and slots. Each the test. The Ford OEM fender showed only air-conditioner condenser. Repairs, using report gives the range of dimensions that the moderate white corrosion; the Honda OEM OEM parts, were estimated at $1,350. Another CAPA part must fall within. fender, nearly none. imitation bumper allowed our basher to The Ford and Honda fenders like those we The superior performance of the OEM fend- damage the Honda’s radiator, air-conditioner evaluated appeared to have fallen within ers (and the telltale white corrosion) re- condenser, radiator-support tie bar, and cen- CAPA limits in the reports, and they were sulted from galvanization, in which a zinc ter lock support. Repairs, using OEM parts, certified. We did find inconsistencies in the coating is bonded to the steel. When the were estimated at $1,797. number of holes and slots among the same paint and primer are scratched, the zinc pro- LIMITED CHOICES CAPA-certified part made by different manu- tects the steel by sacrificing itself, oxidizing Most insurance adjusters don’t clearly dis- facturers. into a white residue less damaging than rust. close that you’re getting imitation parts of There may be two reasons for the poor fit Most OEM parts are galvanized on both potentially lesser quality. (‘‘Like kind and of CAPA parts that repair shops complain sides. The CAPA parts we tested aren’t gal- quality’’ or ‘‘LKQ’’ on the paperwork is a about. One is ‘‘reverse engineering’’—where vanized. cryptic giveaway.) Some repair shops com- manufacturers make copies of OEM parts. CAPA’s corrosion test is different from plain that they must follow the insurer’s Although Gillis didn’t acknowledge problems ours. Entela engineers scratch an ‘‘X’’ in the ‘‘recommendation’’ or risk losing customers of fit with CAPA parts, he blames OEM parts primer and then expose the fender to a 500- from ‘‘direct repair programs’’—the auto- for being inconsistent. hour salt-spray test. The parts get CAPA ap- motive equivalent of managed health care But Greg Marshall, Entela’s research and proval even when the X-ed area rusts, since that most auto insurers use to cut costs. development manager, says the OEM parts the test is designed to evaluate the primer The Automotive Service Association says variations are perhaps 0.060 inch. Even when rather than the metal beneath. CAPA re- that 33 states require repair shops to disclose magnified by the copying process, that gards the results as problematic only if the the use of imitation parts to consumers. Six shouldn’t account for the fit problems we rust spreads, making the primer blister or others—Arkansas, Indiana, Oregon, Rhode found in CAPA fenders. flake 3 mm beyond the ‘‘X,’’ or if 10 percent Island, West Virginia, and Wyoming—also re- The second problem is that CAPA sheet- of the entire fender shows red rust. quire the consumer’s written consent. metal parts are tested for fit on a jig rather Gillis says galvanization is ‘‘not much of a But disclosure and consent are meaning- than on a car. Gillis says CAPA is changing value added because today’s automotive less if insurers promise higher quality than its standards to require that each part be de- paint processes are quite good.’’ But Bruce they deliver. The lawsuit against State Farm signed and fit-tested to its intended vehicle Craig, a fellow of the National Association of argues that the insurer did not restore dam- as of April. If implemented, that should im- Corrosion Engineers and author of the Amer- aged vehicles to pre-loss condition as prom- prove fit. But Gillis says that the require- ican Society of Metallurgists’ Handbook of ised. ment will be only for newly certified parts. Corrosion Data, says, ‘‘It’s kind of a slam Don Barrett, an attorney for the plaintiffs, Parts already certified aren’t affected by dunk that galvanized is better. I’m perplexed says that cars repaired with ‘‘2/55 fenders’’— this change unless CAPA receives at least why there would be a controversy.’’ an appraisers’ disparaging term for fenders five complaints about the part in one year. That’s a reason the Interinsurance Ex- identifiable as imitations ‘‘from two miles Repair-shop owner Dalton, a CAPA adviser change of the Automobile Club of Southern away at 55 mph’’—reduce appraised value by and a former member of its technical com- California won’t use imitation body parts: at least 10 percent. mittee who has visited plants in Asia, raises ‘‘You get bubbling, paint flaking off, pre- John Donley, president of the Independent another issue. He says that CAPA isn’t able mature rusting,’’ says Gil Palmer, assistant Automotive Damage Appraisers Association to exercise sufficient control over quality group manager for physical damage claims. and a CAPA proponent, says that it’s poor fit ‘‘because they don’t buy or sell the parts, Gillis told us that CAPA would begin re- and poor corrosion resistance, not the mere and CAPA is a voluntary program.’’ quiring all sheet-metal parts manufactured fact that a part is an imitation, that hurts To assess the claims and counter-claims of starting January 1 to be galvanized to earn appraised value. Either way, that could be a the controversy, we installed a sampling of certification. That should be a major step to- problem not only at resale time but possibly replacement fenders and bumpers on cars ward equality with OEM parts. Meanwhile, at the end of a lease. Industrial Marketing Research found that and simulated several real-world challenges. distributors will continue to sell ungalvanized CAPA parts that are already in insurers call for imitation parts 59 percent of CR’S TEST RESULTS: FENDERS the sales pipeline. the time. We surveyed 19 of the nation’s larg- Our engineers mounted three OEM and six Strength. We found the CAPA fenders com- est private auto insurers, who wrote 68 per- CAPA left fenders on each of two popular parable with OEM in one respect: Our tests cent of the $115 billion in policies in 1997, and cars, a 1993 Honda Accord and a 1993 Ford for tensile strength uncovered no significant asked if they require or recommend imita- Taurus. (Our shoppers, who bought the fend- differences between CAPA and OEM fenders. tion body parts for covered repairs. Nine

VerDate jul 14 2003 11:59 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00019 Fmt 0689 Sfmt 0634 E:\BR99\E11MR9.000 E11MR9 March 11, 1999 EXTENSIONS OF REMARKS 4369 didn’t respond (American Family, California CELEBRATING THE 10TH ANNIVER- kets. During the recent negotiations over sec- State Auto Assn., CNA, GEICO, GMAC, Met- SARY OF VA’S CABINET DES- toral liberalization in the Asia Pacific Economic ropolitan, Progressive, Prudential, and IGNATION Cooperative forum, forest products companies Safeco). Of the ten that did, Allstate, Erie, worked closely with Congress and the Admin- Farmers, State Farm, and USAA said they HON. BOB FILNER istration to try to develop a long-term agree- recommend but didn’t require imitation ment to benefit American workers. Unfortu- parts. OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES nately, this process has not come to fruition Allstate says that if a customer insists on due to disagreements among competing na- OEM parts, it will pick up the bill. Erie, Thursday, March 11, 1999 tions, something common when we solely rely State Farm, and Travelers make the cus- Mr. FILNER. Mr. Speaker, I rise today to on multilateral trade agreements to increase tomer pay the difference. recognize Monday, March 15th as the 10th our competitiveness. It is time to focus on The Hartford said it doesn’t recommend anniversary of the Department of Veterans Af- what we can do unilaterally: adjust our tax imitations for safety-related parts but does fairs (VA) as a Cabinet-level position. code so that our companies are not disadvan- allow them for noncritical applications. And Because by 1988, VA had become the larg- taged in the global marketplace. Travelers Insurance doesn’t recommend imi- est independent agency in government, The Reforestation Tax Act recognizes the tations for cars less than two years old or thought was given to its recognition as a unique nature of timber and the overwhelming with less than 20,000 miles. member of the President’s Cabinet. risks that accompany investment in the indus- The Interinsurance Exchange of the Auto- Serving a population of 27.5 million veterans try. It will reduce the capital gains paid on tim- mobile Club of Southern California, which with a budget of $28.3 billion, with 245,000 ber for individuals and corporations by 3 per- writes policies only in Arizona, California, employees, it was second only to the Depart- cent each year up to 50 percent. Because this New Mexico, and Texas, calls for imitation ment of Defense in the number of staff pro- reduction would apply to all companies, we parts only for nonmental trim items like viding service to our citizens. minimize the current inequity whereby neigh- bumper covers and moldings. At the urging of both Congress and many boring tracks of the same timber are taxed at INSURERS AND CONSUMERS veterans’ service organizations, the current different rates simply because of the business President endorsed the idea that the time had form of their investment. For timber compa- Many of the insurers maintain that imita- come for the VA to become a part of the Cabi- nies, the capital gain on these forest products tion parts keep premiums down, but none provided hard data to prove it. net. It was time to give our nation’s veterans can be enormous. In some regions, tree farm- their seat at this highest table of government. ers must wait more than 50 years from the CAPA and auto insurers have spent the Elevating the Department of Veterans Af- planting of a relatively worthless seedling to last decade promoting imitation parts as fairs to Cabinet level status provided the De- the harvest of a mature tree. No other industry purely pro-consumer. By breaking the auto- partment the opportunity to have greater na- faces the extreme risks from wind, fire, and makers’ ‘‘strangle-hold monopoly’’ over tional impact for veterans in the fields of crash parts, says one recent release from the disease in protecting their asset over such an Alliance of American Insurers, auto insurers health care, education, housing, and insur- expansive period of time so they can realize a protect consumers from high parts prices ance. It was a move that cost virtually nothing profit. and high insurance premiums. in that era of tight budgets, yet gave veterans In addition, the Reforestation Tax Act re- a prominent voice in the issues that dominate wards those environmentally-conscious com- ‘‘There is absolutely no question the insur- the national agenda. panies that choose to use their dollars for re- ance industry is on the side of the angels on I congratulate the Department of Veterans this issue,’’ says Gillis. forestation of their lands. By extending tax Affairs on a decade of growth in service to our credits for all reforestation expanses, and But there is a question. nation’s veterans, the dedicated men and shortening the amortization period for reforest- Buying imitation parts simply diverts women who accepted the challenge to protect ation costs, Congress encourages and assists money from the pockets of one big indus- their country, many of which gave the ultimate those companies that are making a conscious try—automobile manufacturing—to the sacrifice for our freedom and liberty. I further effort to operate in an ecologically-sound man- pockets of another big industry—auto insur- encourage the Secretary of the Department of ner. ance. The insurers won’t earn their wings Veterans Affairs and his staff to continue to The Reforestation Tax Act represents the until they demonstrate that a fair share of take full advantage of the opportunity that best of tax, global competitiveness, and envi- the money they save ends up in the pockets Cabinet-level status provides to advocate on ronmental policy. I urge my colleagues to sup- of consumers. behalf of these brave men and women. port this important initiative. And CAPA, whose executive director often f f accuses automakers and repair shops of hav- ing a financial interest in promoting OEM REFORESTATION TAX ACT OF 1999 IN MEMORY OF JOSEPH PAUL parts, has its own financial interests. Half of DIMAGGIO its $3.9 million budget comes from insurance HON. JENNIFER DUNN companies (the other half comes from the OF WASHINGTON sale of CAPA seals to parts manufacturers). HON. KAREN McCARTHY OF MISSOURI And six of the nine CAPA board members are IN THE HOUSE OF REPRESENTATIVES insurance-industry executives. Thursday, March 11, 1999 IN THE HOUSE OF REPRESENTATIVES The Center for Auto Safety—whose execu- Ms. DUNN. Mr. Speaker, I am introducing Thursday, March 11, 1999 tive director, Clarence Ditlow, is a CAPA today the Reforestation Tax Act of 1999 along Ms. MCCARTHY of Missouri. Ms. Speaker, board member and a staunch advocate of with 16 of my colleagues who are deeply con- I rise today to honor the memory of the great- CAPA parts—also receives funding from the cerned about the future of our forest products est baseball player who ever lived. Joe insurance industry, though to a much lesser companies. With the global marketplace be- DiMaggio was my hero and a hero to our Na- extent. In 1998, State Farm and Allstate con- coming more competitive, we must take posi- tion. I am saddened by his passing, and I ex- tributed some $50,000 to CAS, accrding to Ditlow. (He says that amounts to only five tive steps to remove barriers to our compa- tend my heartfelt sympathy to his friends and percent of annual revenues. He also says that nies’ ability to compete abroad. In the case of family. The Yankee Clipper personified dignity CAS’ insurance funding has steadily de- forest products, one of the largest impedi- and greatness. He understood the importance creased since the mid-1970s.) ments to success is our nation’s tax code. of having both guts and grace, and he took his Beginning with changes brought about by responsibility as a national figure seriously. Where’s the consumer in all this? For now, stuck in a bind between automakers that the Tax Reform Act of 1986, America has DiMaggio and dignity are synonyms. Mr. charge high prices for factory body parts and been struggling to competitively produce tim- DiMaggio viewed his position as an example auto insurers that push less-expensive parts ber in a global market. Despite a tax system to the young people of America and was al- of questionable quality. Until things change, that gives U.S. forest products companies one ways careful about the impression he made. car owners—including used-car buyers who of the highest effective tax rates in the world, He never lost control in public and was always may inherit the inferior crash parts—are they have been one of the most visionary sec- conscious of his reputation and responsibility. being ill served. tors in helping to expand trade into new mar- He played every game as if it were the last

VerDate jul 14 2003 11:59 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00020 Fmt 0689 Sfmt 9920 E:\BR99\E11MR9.000 E11MR9 4370 EXTENSIONS OF REMARKS March 11, 1999 game of the World Series, so someone seeing Managed health care has sought to improve peninsula or rearing it down to build a new him for the first time would not be dis- cost reductions and to streamline operations. facility. appointed. The standards of excellence in health care We don’t know which decision the powers to be will make but we do know that Penin- The people of my district in Kansas City, management are becoming ever higher. Mills- sula is a very special hospital facility that is MO, were fortunate enough to see Mr. Peninsula has thrived in this challenging at- valued by everyone in the community. The DiMaggio play in an exhibition game against mosphere and continued to deliver a high rating only bears out the fact that its man- the Kansas City Blues. A Yankee teammate level of care, and at the same time shown an agement and staff have been outstanding in and Kansas City resident Hank Bauer said of ability to respond to change. face of unbelievable stress in the industry. DiMaggio, ‘‘He was the most outstanding cen- Mr. Speaker, the recognition of Mills-Penin- We congratulate the people, all of them, that ter fielder I have seen.’’ He taught America sula Hospital has only confirmed the high made this rating possible and look forward what it means to embrace excellence and value which residents of my district already to the continuation of an evaluation that places Peninsula among the top 100 hospitals strive for greatness without seeking acclaim. I place on the hospital’s services. I offer my in the nation. and others of my generation are in public deepest and warmest congratulation to those service today because of role models like Joe individuals that have contributed to the suc- f DiMaggio. cess of Mills-Peninsula Hospital. INTRODUCTION OF THE WATER Joe DiMaggio served as an inspiration to Mr. Speaker, I ask that the editorial praising POLLUTION CONTROL AND ESTU- my generation. Simon and Garfunkel memori- Mills-Peninsula Hospital from The Independent ARY RESTORATION ACT alized his leadership in their song Mrs. Robin- be placed in the RECORD. son. The lyrics, ‘‘Where have you gone Joe PENINSULA HOSPITAL AMONG TOP 100 HON. JOSEPH CROWLEY DiMaggio? Our Nation turns its lonely eyes to Bravo to Peninsula Hospital for being OF NEW YORK you,’’ express dismay at the absence of he- named among the top 100 performing hos- IN THE HOUSE OF REPRESENTATIVES roes like the Yankee Clipper to lead our Na- pitals in the nation by the consulting firm of Thursday, March 11, 1999 tion to peace and prosperity. William M. Mercer Inc., of New York, NY, The number five will always hold a special the honor is one that should reassure resi- Mr. CROWLEY. Mr. Speaker, I rise in strong place in the hearts of Yankee fans every- dents in the area that they have one of the support of the Water Pollution Control and Es- where. His record of safe hits in 56 consecu- top hospitals in the country taking care of tuary Restoration Act being re-introduced tive games might never be broken. His lifetime their health needs. today by the gentlelady from New York, Mrs. The study, naming Peninsula Hospital, was batting average of .325 and his 361 career LOWEY, and gentlelady from Connecticut, Ms. published in the December issue of Modern home runs remain impressive numbers even Health care magazine. This assessment of DELAURO. I compliment and applaud my col- when we have new heroes such as Mark the nations benchmark acute care hospitals leagues for their untiring efforts on behalf of McGwire and Sammy Sosa. He led his is published annually by Mercer and HCIA our Nation’s valuable fresh and estuarine Yankee to nine World Series titles and was Inc., a data processing company based in water bodies. the American League’s Most Valuable Player Baltimore. Mr. Speaker, the protection of America’s three times. As our Nation turns its lonely The study considers three separate cat- lakes, rivers, streams, and near coastal waters eyes once more toward this hero, let us learn egories including financial management, op- should indeed be one of our top concerns as from his life and his example of heroism. In erations and clinical practice. Each category a Nation, and I am proud and honored to be is then broken down into smaller compo- an original cosponsor of this important piece the words of the Negro League Legend Buck nents and evaluated. O’Neil, ‘‘I don’t cry for Joe. I cry for the people The elements considered under clinical of legislation. The DeLauro-Lowey bill is a rea- who never got to see him play.’’ practices include mortality rates of com- sonable, straightforward measure that seeks f plications during treatment. The informa- to build upon past successes under the Clean tion is published to show legitimate health Water Act (CWA). This measure will continue MILLS-PENINSULA HOSPITAL HON- care data about patients and health care fa- and strengthen several progressive programs ORED FOR OUTSTANDING CARE cilities to measure performance. to protect and enhance water bodies through- AND PERFORMANCE This is a study that is in its sixth year of out our country, and I urge my colleagues to identifying the top management teams and support this common sense and cost effective best run facilities in the country. The longer HON. TOM LANTOS the publication studies industry trends, the means of cleaning-up and protecting our water OF CALIFORNIA more established and prestigious its list be- resources. IN THE HOUSE OF REPRESENTATIVES comes. People throughout the country are The DeLauro-Lowey bill will ensure that the existing State Revolving Loan Fund (SRF) Thursday, March 11, 1999 concerned and interested in the performance of their community hospitals and this rating program continues to be adequately funded to Mr. LANTOS. Mr. Speaker, it is my distinct hospital care. provide the financial wherewithal for States privilege today to recognize the Mills-Penin- In an interview with this newspaper, Mills- and municipalities to maintain and upgrade sula Hospital, which is located in my congres- Peninsula CEO Robert Merwin explained the their wastewater treatment facilities to protect sional district. In an annual study, ‘‘100 Top price pressures Peninsula is under, to main- tain services at the hospital. Merwin ex- America’s water bodies. This program has Hospitals: Benchmarks for Success,’’ Mills-Pe- plained that the business community, Medi- achieved tremendous success in the past and ninsula was named one of the top hospitals care and the costs of managed care, put pres- clearly deserves to be maintained and en- for 1998 in the United States. The study was sure on all hospitals throughout the country, hanced. conducted by HCIA, a health care information so maintaining standards of excellence was a While fresh water is important for life itself, company based in Baltimore, and William M. major challenge. and clean lakes and rivers provide a multitude Mercer, a New York-based human resources We are happy to see that Peninsula has of recreational benefits to society, the vitality management consulting firm. Nine measures met that challenge and among the thousands of our estuaries is also of great importance. of clinical, operational, and financial perform- of hospitals throughout the nation, been Estuaries, near coastal waters, play a dual rated one of the best. That makes us proud of ance were used in the study to determine ac- Peninsula and of the management and staff function of protecting coastal lands as well as curately the best hospitals. at the hospital who have carried the ball of serving as the all important nursery grounds Mills-Peninsula is a not-for-profit health excellence in recent years while the health for most marine species. Of course, these wa- service organization, and it has managed to care industry has been in radical change. ters also provide many important recreational improve and maintain existing services, de- We know what happens when change comes activities. spite battling extreme difficulties associated to an industry, when economic pressures for The Congresswomen’s legislation will serve with the costs of managed care. By combining change bring so many disruptions to the way to strengthen the U.S. Environmental Protec- the highest quality care with the most cost-effi- a hospital does business. We commend the tion Agency’s existing National Estuary Pro- folks at Peninsula for not letting these cient operation, Mills-Peninsula has increased changes disrupt the quality of health care gram (NEP) that is widely regarded as a the standard of medical care and quality of life they provide to the community. This rating model for watershed-based pollution control. in the Bay Area. We are truly honored to have is welcome news, especially in light of the In addition, the legislation will clarify EPA’s re- such an outstanding hospital located in our fact that a decision must be made soon to sponsibility to assist States in developing and area. spend millions of dollars either retrofitting implementing their estuary management plans.

VerDate jul 14 2003 11:59 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00021 Fmt 0689 Sfmt 9920 E:\BR99\E11MR9.000 E11MR9 March 11, 1999 EXTENSIONS OF REMARKS 4371 Mr. Speaker, as the Representative of the Following his election to the state Senate in anything after 1996, would be reimbursed at 7th Congressional District of New York, which 1994, Senator Alexander rose through the this lowest rate. Such a policy would have a includes a substantial portion of the Long Is- rank and file with unprecedented speed serv- crippling effect on research and development land Sound coastline, and a Member of the ing as Vice-chairman of the Senate Finance for new drug therapies. House Committee on Resources, I can think Committee in his first year in the legislature. In This policy will create an overall reduction in of few efforts more important to our environ- just his third year, Senator Alexander was the quality of patient care since hospitals will ment. I intend to work closely with Congress- named Chairman of the powerful Senate Edu- be pressured to provide the least expensive, woman LOWEY and Congresswoman DELAURO cation Committee where he would play a lead- rather than the most effective treatment. More- to ensure we enact this vital measure into law ing role in shaping Colorado’s education policy over, research and development for new drug early on in the 106th Congress. for the next two years. In addition to his duties therapies may be diminished or delayed, ulti- f as chairman, Senator Alexander also provided mately denying the patients of today and powerful leadership on the Senate’s Finance those of future generations access to more ef- TRIBUTE TO QUENTIN AND ELLEN and Business Affairs and Labor committees. fective treatments. BURKE In addition to his service in the Colorado To correct this problem, the Medicare Full legislature, Senator Alexander also served his Access to Cancer Treatment Act would carve- HON. DUNCAN HUNTER country distinguishedly and with great valor as out cancer treatment from the outpatient PPS. OF CALIFORNIA an F–111 pilot for the Air Force during the This simple yet sensible action would fully pro- IN THE HOUSE OF REPRESENTATIVES Vietnam War. Senator Alexander’s remarkable tect Medicare beneficiaries’ continued access to the best and most effective cancer care. Thursday, March 11, 1999 bravery during his 69 air combat missions earned him the Distinguished Flying Cross I am pleased to introduce this legislation Mr. HUNTER. Mr. Speaker, I rise today to and Air Medal with three Oak Leaf Clusters as with over twenty bipartisan original cosponsors recognize the outstanding service and dedica- well as the respect and gratitude of those fa- as well as the support of several patient and tion of two of my constituents, Quentin and miliar with his extraordinary sacrifices. provider organizations, including Center for Ellen Burke of Imperial County. It is my under- Senator Alexander’s eagerness to serve the Patient Advocacy, National Alliance of Breast standing that Mr. and Mrs. Burke will be retir- American people, both as a pilot and legis- Cancer Organizations, Cancer Care, Inc., ing after working for 34 years with the Amer- lator, has won him the unwavering esteem Cancer Research Foundation of America, On- ican Field Service (AFS), the international stu- and admiration of friends and colleagues alike. cology Nursing Society, Association of Com- dent exchange program. It is clear that Colorado is a better place be- munity Cancer Centers, Lymphoma Research Mr. and Mrs. Burke, who were publishers of cause of his remarkable service. Foundation of America, Alliance for Lung Can- the Holtville Tribune for 25 years, began their It is with this, Mr. Speaker, that I pay tribute cer Advocacy, Support and Education, Lupus dedicated service to AFS in 1964 when they to this true public servant and friend for his ex- Foundation of America, US–TOO International interviewed a visiting student, Helen Keel, traordinary efforts and wish him all the best in and the Multiple Myeloma Research Founda- from Switzerland and became excited about each of his future endeavors. tion. the program. Soon thereafter, they began to f f regularly print articles and photographs in their weekly newspaper regarding AFS activities INTRODUCTION OF THE MEDICARE CONSUMER PROTECTION and events. For 15 years, Ellen acted as liai- FULL ACCESS TO CANCER LEGISLATION son between the Imperial Valley chapter and TREATMENT ACT AFS international. HON. RON PAUL During the past three decades, Quentin and HON. GENE GREEN OF TEXAS Ellen Burke have served as hosts for foreign OF TEXAS IN THE HOUSE OF REPRESENTATIVES students, worked with local families to open IN THE HOUSE OF REPRESENTATIVES Thursday, March 11, 1999 their homes and encouraged American stu- Thursday, March 11, 1999 dents to travel abroad for the opportunity and Mr. PAUL. Mr. Speaker, I rise to introduce experience to learn about other lands and cul- Mr. GREEN of Texas. Mr. Speaker, today I my Consumer Protection Package—consisting tures. I firmly believe that through their efforts am introducing the Medicare Full Access to of two pieces of legislation which will benefit with AFS, Mr. and Mrs. Burke have made a Cancer Treatment Act. This bill is critical to consumers by repealing federal regulations. contribution to promoting peace through the protect the Medicare beneficiary’s access to The first piece of legislation, the Consumer global exchange of ideas, the sharing of cus- the newest and best treatments for cancer. Health Free Speech Act, stops the Food and toms and the collaboration of knowledge. On The BBA of 1997 directed HCFA to imple- Drug Administration (FDA) from interfering March 21, friends and family will gather in El ment a prospective payment system (PPS) for with consumers’ access to truthful information Centro to honor this generous and caring cou- hospital outpatient services provided through about foods and dietary supplements in order ple. I would like to join with these individuals the Medicare program. When Congress to make informed choices about their health. in honoring Mr. and Mrs. Burke for all their re- passed this requirement, we recognized that The second bill, the Television Consumer markable achievements and wishing them some services would be difficult or impossible Freedom Act, repeals federal regulations great happiness and success in all their future to include in a PPS and therefore authorized which interfere with a consumers ability to endeavors. HCFA to use its discretion to exclude certain avail themselves of desired television pro- f services from the payment system. Unfortu- gramming. nately, under their proposed rule, HCFA would The Consumer Health Free Speech Act ac- TRIBUTE TO BEN ALEXANDER bundle the costs of all cancer drugs into a complishes its goal by making two simple small number of Ambulatory Payment Cat- changes in the Food and Drug Act. First, it HON. SCOTT McINNIS egories (APCs) and pay hospitals only for the adds the six words ‘‘other than foods, includ- OF COLORADO average cost of these services. ing dietary supplements’’ to the statutory defi- IN THE HOUSE OF REPRESENTATIVES The main problem with this proposal is that nition of ‘‘drug,’’ thus allowing food and dietary it fails to recognize the complexities of cancer supplement producers to provide consumers Thursday, March 11, 1999 treatments and the wide range and individual with more information regarding the health Mr. MCINNIS. Mr. Speaker, I wanted to take needs of each patient with cancer. As a result, benefits of their products, without having to go this opportunity to recognize former state Sen- the new payment system could threaten the through the time-consuming and costly proc- ator Ben Alexander who, for the last four quality and availability of cancer treatment for ess of getting FDA approval. This bill does not years, has provided strong leadership and a Medicare beneficiaries. In fact, under HCFA’s affect the FDA’s jurisdiction over those who dynamic voice for Western Colorado in the plan, the lowest reimbursement rate for some make false claims about their products. Colorado General Assembly. In doing so, I cancer treatments would be only $52.70 Scientific research in nutrition over the past would like to pay tribute to my friend for his (which is expected to include supportive care few years has demonstrated how various distinguished service and wish him well in all such as anti-nausea drugs)! Moreover, under foods and other dietary supplements are safe of his future endeavors. the proposal, new drugs, which are defined as and effective in preventing or mitigating many

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diseases. Currently, however, disclosure of contracts between private parties, namely Ohio, Mr. SHERROD BROWN, that would estab- these well-documented statements triggers cable service providers and program creators, lish a Medicaid definition of ‘‘audiologist’’ used more extensive drug-like FDA regulation. The and have most recently assumed the role of for Medicare reimbursement. Congress up- result is consumers cannot learn about simple price setter. The Library of Congress, if you dated the definition of ‘‘audiologist’’ for Medi- and inexpensive ways to improve their health. can imagine, has been delegated the power to care reimbursement in 1994, but the same up- Just last year, the FDA dragged manufactur- determine prices at which program suppliers date has not yet occurred for Medicaid. The ers of Cholestin, a dietary supplement con- must make their programs available to cable definition used by Medicare, and which I am taining lovastatin, which is helpful in lowering and satellite programming service providers. proposing to be used for Medicaid purposes, cholesterol, into court. The FDA did not dis- It is, of course, within the constitutionally relies primarily on state licensure or registra- pute the benefits of Cholestin, rather the FDA enumerated powers of Congress to ‘‘promote tion as the mechanism for identifying audiol- attempted to deny consumers access to this the Progress of Science and useful Arts by se- ogists who are qualified to participate in the helpful product simply because the manufac- curing for limited Times to Authors and Inven- program. turers did not submit Cholestin to the FDA’s tors the exclusive Right to their respective Currently, under Health Care Financing Ad- drug approval process! Writings and Discoveries.’’ However, operating ministration (HCFA) regulations, the Medicaid The FDA’s treatment of the manufacturers a clearing-house for the subsequent transfer program uses a definition of ‘‘audiologist’’ that of Cholestin is not an isolated example of how of such property rights in the name of setting is nearly thirty years old and relies upon cer- current FDA policy harms consumers. Even a just price or ‘‘instilling competition’’ via ‘‘cen- tification from third party organizations. though coronary heart disease is the nation’s tral planning’’ seems not to be an economi- HCFA’s Medicaid definition has not kept pace number-one killer, the FDA waited nine years cally prudent nor justifiable action under this with the significant changes that have oc- until it allowed consumers to learn about how enumerated power. This process is one best curred in audiology credentialing over the last consumption of foods and dietary supplements reserved to the competitive marketplace. three decades. The current definition also containing soluble fiber from the husk of psyl- Government’s attempt to set the just price does not reflect the critical role that state li- lium seeds can reduce the risk of coronary for satellite programming outside the market censure/registration now plays in assuring the heart disease! The Consumer Health Free mechanism is inherently impossible. This has quality of audiology services. State licensure/ Speech Act ends this breakfast table censor- resulted in competition among service pro- registration statutes currently exist in 49 of the ship. viders for government privilege rather than 50 states. The bill’s second provision prevents the consumer-benefits inherent to the genuine free Today, there are approximately 28 million FDA’s arbitrary removal of a product from the market. Currently, while federal regulation Americans with some degree of hearing loss. marketplace, absent finding a dietary supple- does leave satellite programming service pro- While this number will grow along with the ment ‘‘presents a significant and unreasonable viders free to bypass the governmental royalty aging of the Baby Boomers, hearing loss is risk of illness or injury.’’ Current law allows the distribution scheme and negotiate directly with not exclusively an ‘‘older’’ person’s problem. A FDA to remove a supplement if it prevents a owners of programming for program rights, recent article in the Washington Post entitled ‘‘significant or unreasonable’’ risk of disease. there is a federal prohibition on satellite serv- ‘‘Hearing Loss Touches A Younger Genera- This standard has allowed the FDA to easily ice providers making local network affiliate’s tion’’ points out that more and more Ameri- remove a targeted herb or dietary supplement programs available to nearby satellite sub- cans are suffering from various degrees of since every food, herb, or dietary supplement scribers. This bill repeals that federal prohibi- hearing loss at a younger age. The article re- contains some risk to at least a few sensitive tion and allows satellite service providers to fers to a Journal of the American Medical As- or allergic persons. Under this bill, the FDA more freely negotiate with program owners for sociation study which found that nearly 15% of will maintain its ability to remove products programming desired by satellite service sub- children ages 6 to 19 who were tested showed from the marketplace under an expedited scribers. Technology is now available by some hearing deficit in either low or high fre- process if they determine the product causes which viewers will be able to view network quencies. Audiologists are specifically trained an ‘‘imminent danger.’’ programs via satellite as presented by their and licensed to provide a broad range of diag- Allowing American consumers access to in- nearest network affiliate. This market-gen- nostic and rehabilitative services to persons formation about the benefits of foods and die- erated technology will remove a major stum- with hearing loss and related disorders (e.g. tary supplements will help America’s con- bling block to negotiations that should cur- vestibular/balance disorders). sumers improve their health. However, this bill rently be taking place between network pro- The legislation would not expand or change is about more than physical health, it is about gram owners and satellite service providers. the scope of practice for an audiologist, or Mr. Speaker, these two bills take a step to- freedom. The first amendment forbids Con- alter the important relationship that exists be- ward restoring the right of free speech in the gress from abridging freedom of all speech, in- tween audiologists and Ear, Nose and Throat marketplace and restoring the American con- cluding commercial speech. physicians. There would be no new benefits or sumer’s control over the means by which they My second bill, the Television Consumer services under this legislation. The bill I am in- cast their ‘‘dollar votes.’’ In a free society, the Freedom Act, repeals federal regulations troducing today, while technical in nature, federal government must not be allowed to which interfere with a consumers ability to would help establish uniform professional prevent people from receiving information ena- avail themselves of desired television pro- qualifications for audiologists, and a more reli- bling them to make informed decisions about gramming. For the last several weeks, con- able standard for the more than 28 million whether or not to use dietary supplements or gressional offices have been flooded with calls people with a hearing loss who may use eat certain foods. The federal government from rural satellite TV customers who are audiological services. should also not interfere with a consumer’s upset because their satellite service providers f have informed them that they will lose access ability to purchase services such as satellite or to certain network television programs. cable television on the free market. I, there- EDUCATION FLEXIBILITY In an attempt to protect the rights of network fore, urge my colleagues to take a step toward PARTNERSHIP ACT OF 1999 program creators and affiliate local stations, a restoring freedom by cosponsoring my Con- federal court in Florida properly granted an in- sumer Protection Package: the Consumer SPEECH OF junction to prevent the satellite service indus- Health Free Speech Act and the Television HON. DAVID D. PHELPS Consumer Freedom Act. try from making certain programming available OF ILLINOIS f to its customers. This is programming for IN THE HOUSE OF REPRESENTATIVES which the satellite service providers had not ‘‘AUDIOLOGIST’’ FOR MEDICAID secured from the program creator-owners the Wednesday, March 10, 1999 right to rebroadcast. At the root of this prob- HON. ED WHITFIELD The House in Committee of the Whole lem, of course, is that we have a so-called House on the State of the Union had under OF KENTUCKY marketplace fraught with interventionism at consideration the bill (H.R. 800) to provide IN THE HOUSE OF REPRESENTATIVES every level. Cable companies have historically for education flexibility partnerships: been granted franchises of monopoly privilege Thursday, March 11, 1999 Mr. PHELPS. Mr. Chairman, I rise today to at the local level. Government has previously Mr. WHITFIELD. Mr. Speaker, today I am express my strong support for H.R. 800, the intervened to invalidate ‘‘exclusive dealings’’ introducing a bill with my good friend from Education Flexibility Partnership Act, of which

VerDate jul 14 2003 11:59 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00023 Fmt 0689 Sfmt 9920 E:\BR99\E11MR9.000 E11MR9 March 11, 1999 EXTENSIONS OF REMARKS 4373 I am proud to be a co-sponsor. I have made for their desire to work on the education HONORING REVEREND DR. H.M. the improvement of our nation’s public edu- issues facing our country. Ed-Flex has the po- CRENSHAW cation system one of my top priorities as a tential to be a workable program that provides legislator, and I believe that the Ed-Flex bill states and local school districts with the flexi- HON. MARCY KAPTUR represents an important step towards the ful- bility to improve academic achievements and OF OHIO fillment of this goal. This legislation should not the quality of education for their students. IN THE HOUSE OF REPRESENTATIVES be viewed as a solution to the myriad prob- Thursday, March 11, 1999 lems which plague our schools, but I whole- However, I believe that we need to protect heartedly support it and hope that the valuable those students who come from families in Ms. KAPTUR. Mr. Speaker, I rise today to debate it generates will catalyze our continued need. The intent of Congress, through Title I recognize the work and achievements of a efforts on critical education issues. of the Elementary and Secondary School Act, shepherd to our entire community, Reverend H.R. 800 extends to all 50 states the oppor- was to target funds toward low-income stu- Dr. H.M. Crenshaw, a spiritual leader of enor- tunity to participate in the ‘‘Ed-Flex’’ program, dents, in order to help them have a chance at mous dimension. Reverend Crenshaw’s 30 years of personal ministry to the Jerusalem currently in place as a demonstration program success in life. I could not vote for Ed-Flex un- in 12 states. Under Ed-Flex, the Department Missionary Baptist Church congregation is to less I was sure that students from low-income of Education allows states to grant local be recognized in a special celebration in To- families are not going to lose their funds school districts waivers to certain federal regu- ledo, OH on March 13, 1999. lations if the state believes such a waiver through waivers. This is why I supported the After his ordination as a minister in 1952, would enhance local school reform efforts. I Scott-Payne amendment, which would have Reverend Crenshaw pastored in the First Bap- believe it is important for those of us in Wash- required that only schools in which at least tist Church of Rossford, Ohio from 1953 until ington to recognize that local officials, parents, 35% of the students come from low-income 1958. He then went on to First Baptist Church teachers and students are often in a better po- families may seek a waiver to use their Title in Fostoria, OH, and during his decade-long sition to creatively and effectively address the I funds to operate a school-wide program. For tenure there he led the congregation in the particular educational issues being faced in my New York City District, this provision is es- building of a new church as well as the pur- their communities. H.R. 800 will allow localities pecially important. We have many students chase of additional land. In December of 1968, Reverend Crenshaw was called to min- the flexibility to begin responding to the unique coming from low-income families in the Bronx ister to the congregation of Jerusalem Mis- needs of their school systems, and I embrace and Queens, and I cannot support a program any measure that will help our children obtain sionary Baptist Church, where he remains that does not have provision to prohibit funds the top-quality education they need and de- today. serve. being taken away from those needy students. A true community leader, Reverend I must voice some concern that the account- I am also concerned about the timing of this Crenshaw has guided his congregation ability provisions of H.R. 800 are not as strong legislation. In the coming year, we need to re- through growth, property acquisition, and as they should be. I am, for example, dis- authorize the Elementary and Secondary Edu- building expansion and enhancement. appointed that this body did not agree to the cation Act. It does not make sense to me that Through it all, he has been a revitalizing force both in the community and the church. Recog- Miller-Kildee amendment, which would have we pass legislation to waive the requirements required states to have in place a viable plan nizing the deeper needs of the youth in the that we have not even written yet! The best for assessing student achievement, as well as church’s neighborhood, Reverend Crenshaw solution would have been to consider Ed-Flex concrete goals for such achievement. In addi- founded the Jerusalem Outreach Center in tion, it must be clearly understood that, al- and ESEA together. Then, we could have 1982. With a goal to motivate and direct though Ed-Flex can be an important compo- worked to alleviate my concerns, and those of young people not targeted by other programs nent of our education reform efforts this ses- my colleagues, regarding the targeting of to fully realize their greatest potential, Rev- sion, many critical issues remain to be ad- ESEA funds under the provisions of the Ed- erend Crenshaw and the Jerusalem Outreach dressed, such as class size, school safety and Flex program. Center staff have helped over 1,675 at-risk youth and their families. Working through re- student discipline. Finally, I would like to express my dismay Mr. Chairman, I urge my colleagues to join ferrals from the juvenile court and juvenile jus- that the majority did not allow class-size re- me in supporting Ed-Flex today, not because tice systems, the local school system and an duction and school construction initiatives to it solves all of our problems, but because it area mentoring program, the Jerusalem Out- represents a substantive bipartisan effort to be attached to H.R. 800. Public schools are reach Center has redirected the path for these begin addressing the many difficulties which working hard to raise academic standards and young people and their families. Further, the plague our local school systems. I am pleased improve student achievement, but in many center serves as a beacon in the neighbor- that we are getting an early start in meeting schools their efforts are hampered by over- hood: a welcoming place for the youth. our obligations to America’s students, and I crowded classes and inadequate and deterio- Ever mindful of the need to provide steward- look forward to confronting these crucial edu- rating facilities. Smaller class sizes improve ship to promising young people, Reverend and cation issues as the 106th Congress con- student learning and are effective in improving Mrs. Crenshaw established the Crenshaw tinues. student achievement. But we cannot reduce Scholarship Fund in memory of their deceased daughter Marilyn. This fund has contributed f class size without considering the condition over $12,500.00 toward the college education EDUCATION FLEXIBILITY and lack of space in school facilities. These of students in the church. PARTNERSHIP ACT OF 1999 issues go hand-in-hand. This is why I feel Ed- The holder of a Bachelor of Theology from Flex should not have been considered now, the International Bible Institute and Seminary, SPEECH OF but rather considered along with ESEA and a Master of Arts in Psychology and Coun- HON. JOSEPH CROWLEY school construction. seling from Ashland Theological Seminary, a OF NEW YORK I strongly support bipartisan efforts to Doctorate of Divinity from Calvary Bible Col- IN THE HOUSE OF REPRESENTATIVES strengthen our school systems and help our lege, and an Honorary Doctorate from Selma University, Reverend Crenshaw is the author Wednesday, March 10, 1999 students. I look forward to working with my of a book, ‘‘A Reality Roadmap for Delinquent colleagues on school construction legislation The House in Committee of the Whole Youth’’ and a teaching video, ‘‘The Reality of House on the State of the Union had under and on reauthorizing the Elementary and Sec- Therapeutic Techniques in Working with Delin- consideration the bill (H.R. 800) to provide ondary Education Act. It is with regret that I quent Youth.’’ for education flexibility partnerships: had to vote against the first education bill on In addition to pastoring to his congregation, Mr. CROWLEY. Mr. Chairman, I take this the floor of the House in the 106th Congress engaging in outreach to troubled youth, and time to state for the record my reasons for vot- and I thank you for allowing me the oppor- raising a family, Reverend Crenshaw has also ing against H.R. 800 the Ed-Flex bill. tunity to outline my reasons for my opposition found time to serve on several key area Mr. Chairman, I am not opposed to the idea to H.R. 800. boards including the Lucas County Criminal of flexibility in education. I laud my colleagues Justice Coordinating Council, Lucas County

VerDate jul 14 2003 11:59 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00024 Fmt 0689 Sfmt 9920 E:\BR99\E11MR9.000 E11MR9 4374 EXTENSIONS OF REMARKS March 11, 1999 Mental Health Advisory Council, Baptist Pas- Current Federal hate crimes law only covers [Labor Party Press, Volume 4, Number 2, tors’ Conference, Interdenominational Ministe- crimes motivated by racial, religious or ethnic March 1999] rial Alliance, Interracial Religious Coalition, prejudice. Our bill adds violence motivated by ‘‘DON’T BLOW AWAY SOCIAL SECURITY’’ (PART Board of Community Relations, the Board of prejudice against the victim’s sexual orienta- 2 OF 3) Education’s Alternative School Programming tion, gender or disability. This legislation also WHAT’S WRONG WITH PRIVATIZING SOCIAL Committee, Baptist Ministers Conference, and makes it easier for Federal authorities to pros- SECURITY? Chairman of the Advisory Board of the Amer- ecute racial, religious and ethnic violence, in 1. The stock market is volatile. ican Baptist Theological Seminary Extension the same way that the Church Arson Preven- The stock market goes up and up. And of Toledo. tion Act of 1996 helped Federal prosecutors sometimes it goes down and down. Even His unwavering commitment to the causes combat church arson by loosening the unduly without an economic catastrophe, the stock market’s volatility would make our retire- of social justice, his dedication to God and liv- rigid jurisdictional requirements under Federal ing His Word, and his deep involvement in the ment income entirely unpredictable. Dean law for prosecuting church arson. Baker has noted that if the economy grows fabric of our community have earned Rev- Under my legislation, States will continue to as slowly as the Social Security trustees are erend Crenshaw the admiration of many in our take the lead in the persecution of hate predicting, then the prognosis for the stock area who hold him in high esteem. He has crimes. In the years 1991 through 1997 there market isn’t too rosy either. Social Security been showered with honors too numerous to barely covers seniors’ expenses as it is now. were more than 50,000 hate crimes reported. mention, has received commendations from Former Congressional Budget Office direc- From 1990 through 1998, there were 42 Fed- federal, state, and city officials, and has re- tor Robert Reischauer has pointed out that ceived accolades from his peers in the psy- eral hate crimes prosecutions nationwide if we had private Social Security accounts chology, counseling, and ministerial fields. under the original hate crimes statute. Our bill back in 1969, a person retiring in that year will result only in a modest increase in the would have had a 60 percent larger payout Reverend Crenshaw is married to Frances, upon retirement than someone retiring seven and together they have raised five children: number of Federal prosecutions of hate crimes. The Attorney General or other high years later, after the market dipped. John Marvin, Shirley, the late Marilyn, Vanessa and Mueller, a former economic advisor to the Kay. They are also proud and loving grand- ranking Justice Department officials must ap- House Republicans, makes a similar observa- parents to O’Shai and O’Lajidai, and great prove all prosecution under this law. This re- tion. Since 1900, he notes, there have been grandson O’Mauryai. quirement ensures Federal restraint, and en- three 20-year periods in which returns on the The constant thread through Reverend sures that States will continue to take the stock market fell to about zero. In between Crenshaw’s life of service is his devotion to lead. were periods of positive returns. ‘‘This meant that some people earned a negative ‘‘his ministry in saving souls.’’ I am greatly At one time lynchings were commonplace in real return from investing in the stock mar- honored and deeply humbled to join his con- our Nation. Nearly 4,000 African Americans ket, while others received a real pretax re- gregation and community in offering thanks for were tortured and killed between 1880 and turn as high as 10 percent.’’ For retirees, it his 30 years as pastor of Jerusalem Mis- 1930. Today, Americans are being tortured would be the luck of the draw. sionary Baptist Church. May God continue to and killed not only because of their race, but Under our current system, the government bless him, his wife, their family and the Jeru- also because of their religion, their disability, bears the risk of economic downturn, and salem Missionary Baptist Church congrega- their sex, and their sexual orientation. It is we’re all promised a constant monthly tion. amount of retirement income. Under a long past time that Congress passed a com- privatized system, we each individually bear f prehensive law banning such contemptible the risk. Even the cleverest investor will acts. It is a Federal crime to hijack an auto- INTRODUCTION OF HATE CRIMES likely lose money in a major financial down- mobile or to possess cocaine and it ought to turn. And not all of us are so clever—or can PREVENTION ACT OF 1999 be a Federal crime to drag a man to death be- afford to spend our time playing amateur cause of his race or to hang a man because Wall Street trader. HON. JOHN CONYERS, JR. of his sexual orientation. These are crimes 2. Shifting to a privatized system would require OF MICHIGAN that shock and shame our national conscience a hugely expensive period of transition. IN THE HOUSE OF REPRESENTATIVES and they should be subject to Federal law en- Say we begin establishing private Social Thursday, March 11, 1999 forcement assistance and prosecution. There Security accounts for all of us Americans certainly is a role for the States, but far too who are currently working and under 65. Who Mr. CONYERS. Mr. Speaker, I am pleased many States have no hate crimes laws and will generate funds to cover the current re- tirees? You and me. Essentially, the next to be introducing the Hate Crimes Prevention many existing laws do not specify sexual ori- Act of 1999, along with Representatives several generations of Americans would have entation as a category for protection. to pay twice—once into our own fund, and MORELLA, BALDWIN and FORBES. As of today This problem cuts across party lines, and I again to sustain current retirees. According there are 118 original cosponsors. This legis- to one estimate, full-scale privatization of lation will amend Federal law to enhance the am glad to be joined by so many of my col- leagues on both sides of the aisle in proposing Social Security would require about $6.5 tril- ability of Federal prosecutors to combat racial lion in additional taxes over the next sev- and religious savagery, and will permit Federal this legislation today. This is a battle we can- enty-two years. The Employee Benefits Re- prosecution of violence motivated by prejudice not afford to lose—we owe it to the thousands search Institute estimates that transition against the victim’s sexual orientation, gender of African Americans who have been lynched, costs could amount to something like 5 per- or disability. and we owe it to the families of James Byrd, cent of the nation’s Gross Domestic Product In 1963, the Sixteenth Street Baptist Church Matthew Shepard and Billy Jack Gaither. for the next 40 years. By instituting privat- ization, we’d be starting a Social Security in Birmingham, was dynamited by the Ku Klux crisis, not ending one. Klan. The killing of four African-American girls f 3. Maintaining private accounts will be costly. preparing for a religious ceremony shocked the Nation and acted as a catalyst for the civil SOCIAL SECURITY Many of us tend to think that any federal program must be incredibly inefficient and rights movement. Last month, 36 years after bureaucratic. A Roper poll asked Americans the brutal bombing in Birmingham, AL was wit- to estimate the administrative costs of So- ness to another heinous act of violence moti- HON. BERNARD SANDERS cial Security as a percentage of benefits. vated by base bigotry. The beating and burn- OF VERMONT They guessed, on average, 50 percent. The ing of Billy Jack Gaither is testament to the re- real answer is one percent. Only one percent ality that a guarantee of civil rights is not IN THE HOUSE OF REPRESENTATIVES of the money that goes into Social Security is spent on administration. By comparison, enough if violence motivated by hatred and Thursday, March 11, 1999 prejudice continues. The atrocity, coming on the administrative costs for private insur- ance are about 13 percent of annual benefit the heels of last year’s torture and murder of Mr. SANDERS. Mr. Speaker, I would like to amounts. James Byrd in Jasper, TX and Matthew call your attention to an article printed in the The main reason Social Security adminis- Shepard in Laramie, WY illustrates the need March edition of the Labor Party Press, and tration is so cheap is that the whole fund is for the passage of the Hate Crimes Prevention submit the article to the CONGRESSIONAL invested in one place, the U.S. Treasury. Act of 1999. RECORD for my colleagues’ benefit: Imagine the administrative cost of managing

VerDate jul 14 2003 11:59 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00025 Fmt 0689 Sfmt 0634 E:\BR99\E11MR9.000 E11MR9 March 11, 1999 EXTENSIONS OF REMARKS 4375 millions of separate accounts invested in a years, but they want to force us to work first have in place a viable plan to assess stu- myriad of stocks and bonds. Much of the even longer. Proponents of this idea think dent achievement. It also requires States to money would go to Wall Street investment it’s only fair, since Americans are living use the same plan throughout H.R. 800’s full longer than they used to. houses which is why they like the privatiza- five-year flexibility plan. States must establish, tion idea so much. Anyone who can make this argument has In Chile, which privatized its retirement probably never worked in a hospital, a refin- as they determine appropriate, concrete quan- system in 1981, people pay between 10 and 20 ery, or on a railroad. No one should be forced tifiable goals for all their students as well as percent of their annual retirement contribu- to do this work at the age of 70! The average specific student subgroups, such as impover- tion just to maintain their account. The black man can’t possibly like this idea, since ished students. If states find achievement stock market would have to perform spec- in this country a black man born in 1950 was gaps between student subgroups, they must tacularly to make up for that kind of ex- expected at birth to live only 59 years, on av- set goals to close these gaps. pense. erage: he’ll never see a dime of Social Secu- We must not choose between flexibility and rity money. Instead, we should be talking WHAT’S WRONG WITH INVESTING THE SOCIAL about lowering the retirement age to match accountability. America’s children deserve SECURITY FUND IN STOCKS? that in other industrialized countries—and both. We must work for both and target our Clinton and others are advocating that to reflect our growing productivity (See education funds effectively. I urge my col- part of the Social Security system’s extra ‘‘But Other Countries Do Better.’’) leagues to support the Miller amendment. money be invested in the stock market in- One plan by two leading Democrats, Sen. f stead of the Treasury, hoping that it would Daniel Patrick Moynihan of New York and collect more interest there. Because the Sen. Bob Kerrey of Nebraska, would both in- EDUCATION FLEXIBILITY money would still stay in one big lump, the crease the retirement age to 68 and reduce PARTNERSHIP ACT OF 1999 administrative costs wouldn’t stack up the Social Security’s cost-of-living adjustment way they would if everyone had their own by a percentage point. Dean Baker points SPEECH OF account. out that such a COLA cut would really add But again, the stock market is volatile. up for people who live into their 80s and 90s. HON. RODNEY P. FRELINGHUYSEN There’s no guarantee that the gamble would By the time someone reaches 85, they would OF NEW JERSEY pay off. see their annual benefit reduced by 19 per- IN THE HOUSE OF REPRESENTATIVES Dean Baker and others also worry that in- cent. That makes it hard to pay the rent. Wednesday, March 10, 1999 vesting the Social Security Fund in the There are more equitable ways to bring stock market just opens the door to further more money into the Social Security sys- The House in Committee of the Whole privatization. ‘‘I think it plays into the tem. The Labor Party and others advocate House on the State of the Union had under hands of people who want individual ac- eliminating the cap on the payroll tax. But consideration the bill (H.R. 800) to provide counts,’’ he says. ‘‘It logically leads people our main message is this: When it comes to for education flexibility partnerships: to believe that there’s a fortune to be made Social Security, our most popular and effi- Mr. FRELINGHUYSEN. Mr. Chairman, I rise cient social program . . . if it ain’t broke, in the stock market. And if there’s a fortune in support of H.R. 800, the Education Flexi- to be made, well then, let me get access to don’t fix it. bility Partnership Act. This bill would expand that as an individual. But in fact, there isn’t f a fortune to be made, because they’ve over- the ‘‘Ed Flex’’ demonstration program, which is estimated the returns.’’ EDUCATION FLEXIBILITY currently in use in 12 states, to allow all 50 As it happens, financial institutions hate PARTNERSHIP ACT OF 1999 states to participate, and has broad, bipartisan this aspect of Clinton’s plan. If dollars are support from a number of groups from our going to be invested in the stock market, SPEECH OF governors to our local school boards. they want to get a cut. But that won’t hap- HON. 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 OF CALIFORNIA one big lump. Financial types have also com- making decisions on spending Federal edu- plained about the ‘‘danger’’ of having the IN THE HOUSE OF REPRESENTATIVES cation dollars. Local school board members government controlling such a big chunk of Wednesday, March 10, 1999 change on Wall St. and school administrators are better posi- Because so much of the Social Security re- The House in Committee of the Whole tioned than Federal bureaucrats in Wash- form debate is being driven by Wall Street, House on the State of the Union had under ington to make decisions that will lead to posi- Baker believes this plan isn’t going any- consideration the bill (H.R. 800) to provide tive improvements in our children’s education. where. And he’s glad. for education flexibility partnerships: The ‘‘Ed Flex’’ bill will allow local school dis- RAISING THE RETIREMENT AGE & OTHER Ms. PELOSI. Mr. Chairman, I rise in support tricts to have greater flexibility in how they ‘‘POPULAR IDEAS’’ of the Miller Amendment to the Ed Flex Bill to spend Federal education dollars. It empowers There are many other proposals afloat for promote educational accountability. We all rec- them to determine how to best meet the ‘‘saving’’ Social Security. There’s Clinton’s ognize that education is central to the lives of needs of their students. In exchange, states idea of setting up voluntary ‘‘Universal Sav- America’s children and is central in our effort will get greater accountability from local school ings Accounts’’ outside the Social Security to develop healthy communities. At today’s districts on how that money is being spent, system. Workers could contribute through and whether the flexible spending has im- payroll deduction and the government would Appropriations Subcommittee Labor-HHS-Edu- match their contribution. Workers could cation Hearing, I listened to the Department of proved results. then invest this pot of money in the stock Education’s testimony. We hear of numerous examples from the market. What’s ironic about this plan is that They stress the importance of results and pilot states that have benefitted from the ‘‘Ed it does nothing to address the alleged crisis performance based educational instruction and Flex’’ program. In these states, scores have in the Social Security system. But it does funding. While Federal education programs increased and students have excelled, even in address the deep desire of Wall Street bro- should be administered with flexibility, this the poorest areas. My governor in New Jer- kers to get a massive new influx of commis- flexibility must be met with effective account- sey, Christine Todd Whitman, has made clear sions. And it would also ease the way for cut- ability provisions and assurances funds tar- what ‘‘Ed Flex’’ will mean to our students. She ting back Social Security in the years to said, ‘‘Ed Flex would be another tool in our ar- come. geted for America’s impoverished children. Some people have proposed shoring up So- For these reasons, I support Democratic senal to better coordinate state and Federal cial Security by cutting back or even elimi- amendments to strengthen educational report- requirements to provide maximum support for nating rich people’s access to Social Secu- ing and accountability requirements and to re- our reform efforts with the specific goal of im- rity. At a time when the rich are filthy rich, quire local districts to target funds to economi- proving student performance.’’ this does sound appetizing. But politically, cally disadvantaged students. To be effective ‘‘Ed Flex’’ is an idea whose time has come. it’s probably poison. Because these days, any and accountable, states and schools must de- The flexibility will allow school districts to program that’s perceived as a poor people’s velop and maintain effective management and stretch limited dollars farther, and use money program is likely to end up on the chopping information systems, collect student data, de- where it is most needed. There must still be block—just like Medicaid and welfare. Some of our elected officials propose rais- sign and implement effective assessment accountability from our local school districts on ing the eligibility age to get full Social Se- plans, and issue timely and parent-friendly re- how the money is being spent, and whether curity benefits as a way of keeping money in ports. core needs—such as math and science edu- the system. The retirement age is already I support Representative MILLER’s amend- cation—are being met. This bill provides that slated to rise from 65 to 67 in the coming ment to require States that seek waivers to accountability.

VerDate jul 14 2003 11:59 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00026 Fmt 0689 Sfmt 9920 E:\BR99\E11MR9.000 E11MR9 4376 EXTENSIONS OF REMARKS March 11, 1999 Mr. Chairman, I support H.R. 800, and urge and I look forward to working on additional The federal government recently changed my colleagues to do the same. legislation that will remove administrative bur- the way it allocates Title I funding, so that these dollars now flow directly to the exist- f dens so that schools can spend more time teaching kids. ing LEAs. In most circumstances, I strongly EDUCATION FLEXIBILITY support efforts that leave the SEA out of the DEPARTMENT OF EDUCATION, PARTNERSHIP ACT OF 1999 equation and provide as much funding as Phoenix, AZ, March 9, 1999. possible to the local level. However, this al- Hon. MATT SALMON, SPEECH OF location method does not take into account House of Representatives, any charter schools that might come into ex- HON. MATT SALMON Washington, DC. istence at a later date. That means that DEAR CONGRESSMAN SALMON: Later this these new charter schools, and the children OF ARIZONA week, the U.S. House of Representatives will attending them, are left holding the bag IN THE HOUSE OF REPRESENTATIVES begin its debate on H.R. 800, the Education without any funding—and that, I can tell Flexibility Partnership Act of 1999. While Wednesday, March 10, 1999 you, I do not support. this legislation still falls short of giving For this reason, ADE would like the flexi- State and local education agencies the full The House in Committee of the Whole bility to continue with its unique policy of flexibility they need to deliver the best edu- House on the State of the Union had under reserving funds at the State level for the sole cation to children, it is, nevertheless, a step consideration the bill (H.R. 800) to provide purpose of funding newly-created charter for education flexibility partnerships: in the right direction. For this reason, the Arizona Department of Education (ADE) schools. However, even Ed-Flex, with its ex- Mr. SALMON. Mr. Chairman, I rise today in urges you and your colleagues to support plicit prohibition on waiving requirements support of the Education Flexibility Partnership this legislation. related to the distribution of funds, will not Act (H.R. 800). This legislation, as the title im- Given the opportunity afforded by this leg- allow us to do this. The current proposal will plies, empowers states with greater flexibility islation, Arizona will apply for Ed-Flex sta- not allow us to fund charter schools in a way that is consistent with our state policy and in administering certain federal education pro- tus. According to the General Accounting Of- fice’s November 1998 report on Ed-Flex, Ari- which aligns itself with our philosophy of grams. When one considers that federal dol- zona did not qualify for the Ed-Flex program sending funding directly to the school where lars represent only about seven percent of because the State did not have the authority that student is being taught as quickly as total primary and secondary education funds, to waive State statutes or regulations. While possible. but 50 percent of the time districts spend on the Arizona State Board of Education has I find it ironic, and a bit discouraging, to paperwork, common sense demands a more never asserted its right to waive State stat- know that even as the President and the Ad- flexible process of distributing federal re- ute, Arizona Administrative Code R7–2–801 ministration are encouraging the creation of clearly gives the Board the authority to 3,000 charter schools by the year 2000, they sources. are, at the same time, impeding the efforts Federal education programs have been issue waivers from administrative rules. I have enclosed a copy of this rule for your ref- of states to fund them. Nonetheless, even more successful in creating jobs for bureau- erence. with the prohibitive language included in crats—over 25,000 a year—than in improving We are uncertain if whether upon review of this bill, we plan to include a request to the educational performance of America’s chil- Arizona’s administrative structure it was de- waive some restrictions on the allocation of dren. The results of the Third International termined that the State Board of Edu- federal funds in our Ed-Flex proposal. As I Mathematics and Science Study (TIMSS), re- cation’s authority to waive regulations did understand it, flexibility and accountability leased last year, emphasize this point. TIMSS not sufficiently meet the Ed-Flex Act re- are at the heart of Ed-Flex. It is our inten- quirement that the ‘‘State’’ have such waiv- revealed that U.S. 12th-graders scored next to tion, then, to allocate dollars in a manner er authority. As our State Board has the au- consistent with Arizona’s philosophy of fund- last in advanced math and dead last in phys- thority to act as the ‘‘State’’ when it comes ing students while at the same time remain- ics. Reading scores, which were not measured to accepting federal dollars, we feel its abil- ing fully accountable for these funds. I know by the international tests, were equally dis- ity to waive state regulations should also we can count on your support for these ef- appointing. Forty percent of fourth graders clearly mean that the ‘‘State’’ has such an forts, and I hope we can count on the Con- can’t even read at the basic level. Unfortu- authority when it comes to meeting the re- gress’ support as well. nately, the increased federal contribution in quirements of Ed-Flex. We therefore support The Arizona Department of Education including report language to clarify that, in education over the past 30 years has not re- prides itself in helping educators across our states where a State Education Agency is de- State concentrate on the task of teaching sulted in a corresponding improvement in the fined as the State Board of Education, the students, not conforming with burdensome quality of the education our children receive. authority of the State Board to waive regu- regulations and reporting requirements. For Hopefully, passage of Ed-Flex will mark the lations should be considered adequate au- this reason, we are supportive of any efforts first of many steps taken by the 106th Con- thority to qualify for Ed-Flex. by the Congress to give schools and State gress to reform antiquated federal education While ADE will, as mentioned above, apply and local education agencies the flexibility programs. for Ed-Flex status, I must bring to your at- they need to do their jobs well. H.R. 800 is a tention one provision of this legislation that good start, and deserves the support of Con- Only 12 states currently participate in Ed- is still of serious concern to Arizona Flex. As constructed, Ed-Flex provides greater gress. Under Section 4(c)(1)(E) of H.R. 800, States I urge swift passage of this legislation. state and local flexibility in utilizing federal dol- are prohibited from waiving any statutory or Sincerely, lars. The legislation before us provides for the regulatory requirements relating to the dis- LISA GRAHAM KEEGAN, expansion of this program to all 50 states. tribution of funds to States or to local edu- Superintendent of Public Instruction. In a letter to me dated March 9th (which I cation agencies. There are a number of rea- sons this explicit prohibition will directly f will have included in the CONGRESSIONAL obstruct our efforts to improve the quality RECORD) Arizona Superintendent of Public In- of education in Arizona. THE HEALTHY KIDS 2000 ACT struction Lisa Graham Keegan expressed sup- As you know, Arizona is home to more port for H.R. 800 and stated that Arizona will charter schools than any other state in the HON. JO ANN EMERSON nation, with 311 schools serving more than apply for Ed-Flex status. There is one poten- OF MISSOURI 30,000 students across our State. New charter tial glitch that needs to be resolved so that Ari- IN THE HOUSE OF REPRESENTATIVES zona can participate. A November 1998 GAO schools are being created and chartered regu- larly, and it is our policy to provide to the Thursday, March 11, 1999 report on Ed-Flex concluded that Arizona did charter school the federal funding that its not qualify for this program because the state attending students generate as soon as the Mrs. EMERSON. Mr. Speaker, today I join did not have the authority to waive state stat- charter school comes into existence. This is my colleague, Senator KIT BOND, in intro- utes or regulations—a prerequisite to partici- what we call ‘‘real time’’ funding. We do not ducing legislation that addresses one of the pate in the program. I have been assured by wait for the charter school to report is stu- greatest challenges of our Nation: assuring the Education Committee that report language dent data to us at the end of the year, and quality health care for pregnant women and to accompany the bill will clarify that Arizona then fund the school based on prior year appropriate pediatric care for infants. Our bill, is eligible to participate in Ed-Flex. data. However, in order to ensure that we the Healthy Kids 2000 Act, builds upon the will have funding on hand to provide to these Passage of Ed-Flex marks progress in the charter schools that crop up, it is ADE’s pol- Birth Defects Prevention Act signed into law effort to loosen the federal strings that have icy to reserve a portion of its Title I funding last April, by consolidating programs and pro- strangled innovative and effective education at the State level to be used specifically for viding more funds for local initiatives to pre- programs. We’ve taken a positive step today this purpose. vent birth defects and maternal mortality.

VerDate jul 14 2003 11:59 Sep 28, 2004 Jkt 069102 PO 00000 Frm 00027 Fmt 0689 Sfmt 9920 E:\BR99\E11MR9.000 E11MR9 March 11, 1999 EXTENSIONS OF REMARKS 4377 The idea behind our proposal is simple: we Our health care professionals in southern Our bill would build on the success of the want pregnant women to be healthy, and we Missouri and across the Nation work very hard NEP by clarifying the funding and staffing re- want children to be healthy. To accomplish to provide the highest quality care for our chil- sponsibilities of Federal agencies concerned this, we must remove some of the barriers dren. The reality is that pediatric care, like all with the program, including the Environmental women and children encounter in receiving health care, does cost money. We need to Protection Agency [EPA] and the National adequate, appropriate health care. take positive steps to ensure that every moth- Oceanic and Atmospheric Administration The Healthy Kids 2000 Act will allow States er-to-be and their children are able to access [NOAA]. Specifically, the bill states that imple- greater flexibility in ensuring quality prenatal this quality care. I am very pleased to again mentation of estuary management plans is a care by allowing States to enroll eligible preg- be working with Senator BOND on an important nondiscretionary duty of the EPA. The meas- nant women in the State Children’s Health In- children’s health initiative. On behalf of our ure seeks to improve Federal leadership in the surance Program (CHIP), for which Congress youngest and most vulnerable citizens, I urge NEP by directing the EPA to promulgate provided $25 billion in 1997 to assist 10 mil- my colleagues to review the Healthy Kids guidelines for development, approval, and im- lion uninsured children in receiving the most 2000 Act, to discuss this bill with families in plementation of comprehensive management basic health care. A recent study by the March their districts, and to join me in cosponsoring plans. Other important proposed changes in- of Dimes estimates that 45,000 uninsured this important legislation. clude measures to improve coordination of pregnant women who are not eligible for Med- f clean-up efforts with other Federal activities in icaid could be covered by S–CHIP if States estuaries. In short, this bill is designed to were given the flexibility of extending coverage DELAURO-LOWEY WATER POLLU- make certain that those plans do not end up to income eligible pregnant women age 19 or TION CONTROL AND ESTUARY on shelves in bureaucrats’ offices, but instead older. RESTORATION ACT truly clean up these critical bodies of water. Additionally, the bill increases enrollment of Mr. Speaker, our legislation is a call to ac- Medicaid-eligible pregnant women. Currently, HON. NITA M. LOWEY tion that says through sensible investments in approximately 77 percent of uninsured preg- OF NEW YORK water pollution control we can help ensure our nant women are eligible for Medicaid but are IN THE HOUSE OF REPRESENTATIVES economic and environmental future. Without not enrolled. The bill also ensures direct ac- Thursday, March 11, 1999 Federal assistance, our estuaries will die while cess to obstetric care for women, and direct the long-term growth of our economies suffers. access to pediatric care, since children have Mrs. LOWEY. Mr. Speaker, today Congress- The time has come to act, Mr. Speaker. health needs that are very different than those woman DELAURO, Congressman SHAYS, and I of the adult population. are once again joining with a geographically f Another crucial element of our bill allows our diverse group of our colleagues in reintro- Nation’s independent children’s hospitals to re- ducing legislation to renew and expand the MILITARY RESERVE (DUAL STA- ceive Federal funding for graduate medical Federal Government’s role in controlling pollu- TUS) TECHNICIANS RETIREMENT education. Currently, children’s hospitals re- tion and in stewarding our coastal resources. EQUITY BILL ceive almost no Federal GME funding. With Without question, much remains to be done few Medicare patients, these children’s hos- to take our Nation’s estuaries off the endan- HON. NEIL ABERCROMBIE pitals receive less than $400 in Federal funds gered list. Nationally, we face an appalling OF HAWAII for each medical resident they train, while backlog of water quality infrastructure upgrade IN THE HOUSE OF REPRESENTATIVES other teaching hospitals receive on average needs that threatens to choke our economy Thursday, March 11, 1999 more than $79,000 for each resident—creating just as it is robbing our waters of life-giving ox- a serious inequity in the competitive market for ygen. Quite simply, we need leadership at the Mr. ABERCROMBIE. Mr. Speaker, our Na- these children’s hospitals. As these hospitals Federal level to match the energy and inge- tional Guard and Reservists have performed try to fulfill their teaching missions, competitive nuity of our communities that are working to- admirably whenever called upon to assist our market pressures provide little incentive for ward a better environmental and economic fu- military at home and abroad and to aid fed- private payers to contribute toward teaching ture. Without strong Federal leadership and eral, state and local emergencies. Serving costs. substantial funds to back it up, we run the risk side by side with active military personnel, fire In an effort to reduce our Nation’s infant of squandering over 20 years of progress in fighters and other professional counterparts, death rate and to improve the chances of cleaning up and protecting our waters. some Guard and Reservists are exposed to healthy birth outcomes, the Healthy Kids 2000 Therefore, our legislation will re-ignite Fed- hazardous and physically demanding duty as Act establishes a National Center for Birth De- eral, State, and local cooperation in water pol- a routine part of their job. A well-earned and fects Research and Prevention, and strength- lution control by significantly increasing annual timely retirement should be a welcome relief ens local initiatives for drug, alcohol, and authorization levels for the State Revolving from a job that requires youth, strength and smoking prevention and cessation programs Fund [SRF] Program to $4 billion in 2005, virgo. Yet, for a select group of talented indi- for pregnant mothers. An estimated 150,000 thereby providing the resources to expand and viduals, known as Dual Status Technicians, infants are born each year with a birth defect, modernize the Nation’s water pollution control retirement eligibility is several years beyond resulting in one out of every five infant deaths. infrastructure. that of their counterparts. More children die in the U.S. from birth de- Moreover, our legislation would strengthen Dual Status Technicians are held to the fects in the first year of life than from any section 320 of the Clean Water Act, which au- same physical and mental criteria as their mili- other cause. Effective locally-based programs thorizes the National Estuary Program. First tary counterparts and the jobs they perform will prevent these horrific outcomes by equip- established under the Water Quality Act of are likewise challenging. Although active mili- ping mothers, families, and health care pro- 1987, the NEP provides a mechanism for tary personnel, fire fighters and federal police viders with information and approaches need- bringing together Federal, State, and local au- can retire after 20 years of service, Techni- ed to ensure women safer pregnancies. thorities—and interested citizens—to develop cians must work until age 55 with 30 years of Furthermore, our bill increases funding for comprehensive, watershed-based plans for service to receive full benefits. This bill gives the National Institutes of Health by creating cleaning up and protecting nationally signifi- Dual Status Technicians retirement eligibility the Pediatric Research Initiative, which will cant estuaries. In Long Island Sound, Puget equity with their counterparts. provide further money to research efforts on Sound, Massachusetts Bay, and a number of The Military Reserve (Dual Status) Techni- diseases and conditions which afflict our Na- other estuaries, the NEP has helped bring cians Retirement Equity Bill allows qualified tion’s children, such as birth defects, SIDS, about unprecedented cooperation aimed at National Guard and Reservists the option to cystic fibrosis, juvenile diabetes, and muscular saving these threatened waters and the retire under the same criteria as other profes- dystrophy. economies that rely on them. sionals in similar challenging careers.

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