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

Vol. 145 WASHINGTON, THURSDAY, OCTOBER 21, 1999 No. 144 House of Representatives The House met at 10 a.m. and was Mr. HEFLEY. Mr. Speaker, pursuant whole or in part against revenues of called to order by the Speaker pro tem- to clause 1, rule I, I demand a vote on said District for the fiscal year ending pore (Mr. THORNBERRY). agreeing to the Speaker’s approval of September 30, 2000, and for other pur- f the Journal. poses,’’ vice Mr. KYL. The SPEAKER pro tempore. The DESIGNATION OF THE SPEAKER question is on the Chair’s approval of f PRO TEMPORE the Journal. The question was taken; and the ANNOUNCEMENT BY THE SPEAKER The SPEAKER pro tempore laid be- PRO TEMPORE fore the House the following commu- Speaker pro tempore announced that nication from the Speaker: the ayes appeared to have it. The SPEAKER pro tempore. The WASHINGTON, DC, Mr. HEFLEY. Mr. Speaker, I object Chair will entertain fifteen 1-minutes October 21, 1999. to the vote on the ground that a on each side. I hereby appoint the Honorable MAC quorum is not present and make the f THORNBERRY to act as Speaker pro tempore point of order that a quorum is not on this day. present. LOCKBOX HELD HOSTAGE J. DENNIS HASTERT, The SPEAKER pro tempore. Pursu- Speaker of the House of Representatives. ant to clause 8, rule XX, further pro- (Mr. GIBBONS asked and was given f ceedings on this question will be post- permission to address the House for 1 minute and to revise and extend his re- PRAYER poned. The point of no quorum is considered marks.) The Reverend Timothy J. O’Brien, withdrawn. Mr. GIBBONS. Mr. Speaker, the Ph.D., Marquette University-Les Aspin f Democratic leadership in the other Center for Government, Washington, body has just gotten caught with both D.C., offered the following prayer: PLEDGE OF ALLEGIANCE hands stuck in that cookie jar of the Let us pray. O Gracious and Loving The SPEAKER pro tempore. Will the Social Security Trust Fund. On May 26 God, we acknowledge and honor You as gentleman from North Carolina (Mr. of this year, 147 days ago, I joined with the source of life and the reservoir of BALLENGER) come forward and lead the 415 of my colleagues in supporting H.R. our hope. Guide the Members of this House in the Pledge of Allegiance. 1259. That is the Social Security Congress in the pursuit of Your will for Mr. BALLENGER led the Pledge of Lockbox. the well-being of this Nation. May Allegiance as follows: The fight to stop the raid on Social Your spirit guide the deliberations of I pledge allegiance to the Flag of the Security in this year’s budget debate this Chamber, inspiring in all of us a United States of America, and to the Repub- offers the best possible reason for pass- passion for peace and a rigorous desire lic for which it stands, one nation under God, ing the Social Security Lockbox bill. If to labor for what is good and decent. indivisible, with liberty and justice for all. the lockbox were in place this year, the Bless those who commit their lives to f big spenders would have to think twice serving others, especially to those who before trying to go after the funds that are entrusted with public responsibil- MESSAGE FROM THE SENATE rightly should be set aside for seniors ities. May these elected leaders, as well A message from the Senate by Mr. of today and tomorrow. as their families, experience the joy of Lundregan, one of its clerks, an- Unfortunately, the Democratic lead- knowing that You accompany them on nounced that the Senate had passed ership in the other body has failed to their daily journeys. For this we pray. without amendment a bill of the House act on this vital legislation. The Demo- Amen. of the following title: cratic leadership refuses to allow this f H.R. 1663. An act to recognize National bill to be brought to the floor for a Medal of Honor sites in California, Indiana, vote. Six times there has been an effort THE JOURNAL and South Carolina. to end their filibuster, and six times, The SPEAKER pro tempore. The The message also announced that Mr. unfortunately, that effort has failed. Chair has examined the Journal of the DOMENICI be a conferee, on the part of The Democratic leadership has held the last day’s proceedings and announces the Senate, on the bill (H.R. 3064) ‘‘An lockbox hostage for 147 days, and 147 to the House his approval thereof. Act making appropriations for the gov- days is long enough. It is time for the Pursuant to clause 1, rule I, the Jour- ernment of the District of Columbia Democratic leadership in the other nal stands approved. and other activities chargeable in body to get its act together.

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.

H10615

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VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.000 pfrm02 PsN: H21PT1 H10616 CONGRESSIONAL RECORD — HOUSE October 21, 1999 AMERICAN PUBLIC SHOULD TRUST USE HONEST BUDGETING, NOT Mr. TRAFICANT. Mr. Speaker, the DEMOCRAT PARTY TO SAVE SO- GIMMICKS, AND FINALIZE FY White House says we will lose our vote CIAL SECURITY 2000 APPROPRIATIONS BILLS if we do not give $1 billion to the (Ms. KILPATRICK asked and was (Ms. EDDIE BERNICE JOHNSON of United Nations. Some vote, folks. We given permission to address the House Texas asked and was given permission have the same vote as countries the for 1 minute and to revise and extend to address the House for 1 minute and size of West Virginia trailer parks. In addition, we now give three times her remarks.) to revise and extend her remarks.) more than Germany, five times more Ms. KILPATRICK. Mr. Speaker, Ms. EDDIE BERNICE JOHNSON of than France, 35 times more than China American people, do not be fooled. Who Texas. Mr. Speaker, just this past week every year, plus $22 billion in peace- do you trust to save your Social Secu- I received lots of mail, especially from keeping. If that is not enough to ban rity System, the most important sys- women in Texas, telling me how impor- your nukes, while the White House pre- tem that this government has put for- tant Social Security really is to them. pares to veto America’s defense bill, ward since the early 1930s? I am sure Social Security lifts 366,000 Texas the White House wants more foreign you support and trust the party who women out of poverty, and it lowers aid money from Congress. fought back an $800 billion tax cut this the poverty rate among elderly women Beam me up here. We should not be year that would have not put a penny in this State from 55 to 19 percent. sending a dime to the United Nations. into Social Security. I am sure the It is distressing to me that while the We should send them a bill. American people support the party who elderly in my State are worried about I yield back all the wars declared by will fight, who have shown to their the future of Social Security, the Re- the United Nations that were financed leadership that they, and we will, pro- publican-led Congressional Budget Of- by Uncle Sam and fought by American tect the Social Security system. fice has revealed that the majority par- troops. American people, do not be fooled. ty’s leadership has already used more f Social Security is sound, and we Demo- than $1 billion from the Social Secu- crats will make sure that it will be rity surplus. PORKER OF THE WEEK AWARD until the new century. Mr. Speaker, we have to stop it. Let (Mr. HEFLEY asked and was given us use honest budgeting and not gim- permission to address the House for 1 f micks, and talking about a lockbox, minute and to revise and extend his re- when we know it is being ignored. We marks.) ANNOUNCEMENT BY THE SPEAKER understand clearly that we cannot use Mr. HEFLEY. Mr. Speaker, once PRO TEMPORE $13 billion from Social Security and again the Federal Government is play- The SPEAKER pro tempore. The save it at the same time. ing a shell game with taxpayers’ Chair will remind all Members that the Mr. Speaker, the people of my State money. The Department of the Interior House rules prohibit urging action in and the people of this Nation want us has been diverting millions of dollars the other body. to save Social Security. collected from excise taxes on hunting f and fishing equipment to controversial f environmental projects. PATH TO SECURE FUTURE IS A Congress dictated that the taxes col- UNIVERSITY OF MIAMI RESEARCH GOOD EDUCATION lected be sent back to the States to TEAM MAKING STRIDES IN FIND- (Mr. BALLENGER asked and was fund wildlife and sports fishing restora- ING A CURE FOR DIABETES given permission to address the House tion management programs. However, Fish and Wildlife Service officials di- (Ms. ROS-LEHTINEN asked and was for 1 minute and to revise and extend verted money meant to administer pro- given permission to address the House his remarks.) grams into a slush fund to pay for 75 for 1 minute and to revise and extend Mr. BALLENGER. Mr. Speaker, pet projects that are not related to her remarks.) every American child deserves a secure hunting. The projects include $385,000 Ms. ROS-LEHTINEN. Mr. Speaker, future, and the path to the secure fu- for the spotted owl, $429,000 for Atlan- what do Halle Berry, Mary Tyler ture is a good education. But too many tic salmon; $292,000 on wolf programs; Moore, Miss America, and another 16 of our Nation’s most disadvantaged $116,000 on the blackfoot ferret; and million Americans have in common? children are having their hopes and dreams dashed by failing schools. $791,000 for marine mammals. Diabetes. Now, some of these may be good It is time for a new approach. It is In the last 40 years, we have seen a projects, but that is not what Congress time to give these kids a chance to get dramatic increase in the number of gave the money for. It is estimated out of the schools that are not working Americans with diabetes, and this year that more than $45 million has been di- and get into ones that are. And it is 200,000 will lose their lives to this dis- verted and much of it wasted by the time to recognize that no matter how ease, making it the sixth leading cause Fish and Wildlife agency. The Fish and much money we spend, our Nation’s of death. In fact, this disease has grown Wildlife Service gets my ‘‘Porker of worst schools will never meet their re- so much that the Centers for Disease the Week Award.’’ Control and Prevention have labeled sponsibility to the students as long as f diabetes as the epidemic of our time. the Federal Government ensnares While much work and research re- those schools in red tape. WHERE IS THE SECRET mains to be done in this field, sci- The Democrat solution is to keep REPUBLICAN BUDGET PLAN entists at the University of Miami are spending more and more money on a (Mr. EDWARDS asked and was given making gigantic strides that may very failing system. The Republican solu- permission to address the House for 1 well soon lead to a cure. Dr. Camilo tion is, spend the money, yes, but to minute and to revise and extend his re- Ricordi and Dr. Norma Kenyon are con- reform the system as well. marks.) ducting exceptional work in the field of In the coming weeks, the House will Mr. EDWARDS. Mr. Speaker, day 21. medical research. Their current work have the opportunity to rekindle the Day 21 of the new fiscal year, and I studies with anti-CD154, an artificial flame of hope for those children whose have one question. Where is the secret antibody, has succeeded in curing mon- only hope lies within the schoolhouse Republican budget plan? I asked this 2 keys from potentially fatal causes of walls, and I hope we will do it. days ago, and no Republican colleague diabetes. Further progress will soon re- f could find it for me. I have asked the place harmful and less effective drugs, pages, I have looked in committee and may allow some diabetic patients U.S. SHOULD SEND UNITED hearing rooms, I have looked on the to lead normal, healthy lives without NATIONS A BILL seats of the floor of the House, but I depending on needles and insulin. (Mr. TRAFICANT asked and was cannot find it anywhere. Mr. Speaker, I congratulate the given permission to address the House The Constitution says that the Con- championship research team at the for 1 minute and to revise and extend gress, not the President, must pass ap- University of Miami. his remarks.) propriations bills. Yet while they are

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.003 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10617 criticizing the President, 21 days into responsibility to take the necessary are ones that Mr. ARMEY keeps repeat- the new fiscal year, I cannot find the steps to keep Social Security safe and ing. Questioned just a few years ago he Republicans’ secret budget plan. strong, not only for our parents’ gen- was asked, ‘‘Are you going to take the Maybe there is a reason for that. eration, and not only for our genera- pledge? Are you going to promise not Maybe it is because the CBO says their tion, but also for our children’s genera- to cut people’s Social Security to meet individual proposals would spend bil- tion. these promises? ’’ The gentleman from lions of dollars of Social Security Where is their plan to extend the life Texas (Mr. ARMEY): ‘‘No, I am not money, at the very time they are run- of Social Security? It does not exist. In going to make such a promise.’’ ning ads against Democrats saying we fact, the leaders in the Republican con- Our Republican colleagues are the are spending Social Security money. ference have been quoted many times good folks who now come and tell us I would suggest for the Republicans against Social Security and Medicare, they want to preserve the Social Secu- to pretend like their proposals are pro- like this one from my colleague from rity Trust Fund. They did not vote for tecting Social Security, is kind of like Texas that says, ‘‘No, I’m not going to Social Security. They do not like So- Al Capone claiming to be a crime fight- make such a pledge, not to get into So- cial Security. They want to substitute er. cial Security.’’ some privatized Social Security Wall Day 21. It is time for the Republicans In fact, the Republican tax plan Street private plan for the Social Secu- to show the country and the Congress would have sucked the surplus dry, rity that has been so important to the their secret Republican budget plan. leaving nothing for strengthening the American people over the last 60 years. f Social Security Trust Fund, extending Let us protect Social Security, let us Medicare, or even a prescription medi- recognize the Republicans have already COSPONSOR THE DEFENSE OF cation provision. dipped into the Social Security trust PRIVACY ACT f fund, and let us preserve Social Secu- (Mr. CHABOT asked and was given rity for the future. b permission to address the House for 1 1015 f minute and to revise and extend his re- QUIT PLAYING GAMES WITH TIME TO SLAM DOOR ON PRESI- marks.) SOCIAL SECURITY TRUST FUND Mr. CHABOT. Mr. Speaker, over the DENT’S PLANS FOR MORE TAXES last several years, we have witnessed a (Mr. HAYWORTH asked and was AND RAIDING SOCIAL SECURITY drastic increase in the number of Fed- given permission to address the House (Mr. KNOLLENBERG asked and was eral Government proposals which erode for 1 minute and to revise and extend given permission to address the House personal privacy rights and other im- his remarks.) for 1 minute and to revise and extend portant civil liberties. These misguided Mr. HAYWORTH. Mr. Speaker, my his remarks.) proposals, such as the Federal banking friends on the left offer so many inac- Mr. KNOLLENBERG. Mr. Speaker, regulators’ so-called ‘‘Know Your Cus- curacies and there is so little time to President Clinton has opened the door tomer’’ scheme, clearly demonstrate respond. to one of massive tax increases on that the Federal agencies continue to I would agree with one statement working Americans and raiding Social promulgate rules and dictate policy from the gentlewoman from Michigan, Security to finance Washington’s without consideration for the ultimate Mr. Speaker, when she said, do not be spending. ramifications on the privacy of Amer- fooled. I join her in that sentiment to Revenues are flooding into the Treas- ican families. this degree: Do not be fooled, Mr. ury at record levels, but the President To prevent such assaults in the fu- Speaker, do not be fooled by the claims says that is not enough. As the per- ture, I am introducing the Defense of now of fealty to Social Security when centage of GDP or income or however Privacy Act. My legislation will re- on this floor just a few nights ago my we want to look at it, taxes are at an quire all Federal agencies to assess the friends on the left voted against a for- all-time high. But the President says privacy implications of proposed rules eign aid bill, voted to say we ought to they have to be higher. and regulations. send $4 billion more of the Social Secu- We squandered billions in Russia. We Mr. Speaker, this commonsense re- rity Trust Fund not to save Americans, have got hundreds of wasteful or ques- form will help agencies focus on impor- not to help Americans, but to go to for- tionable programs, paid billions each tant privacy issues while strengthening eign governments. year to so-called consultants. And still the privacy rights of every American. I That is wrong. That is a raid on the the President says we need more urge my colleagues to cosponsor this trust fund. If in fact they are guardians money because he just cannot find any- important legislation. Let us do all we of Social Security, they should join thing in the budget he wants to cut. He can to keep Big Brother at bay. with us to save 100 percent of the So- would rather raise taxes or dip into the f cial Security Trust Fund for Social Se- Social Security surplus. curity. Mr. Speaker, the American people SOCIAL SECURITY SURPLUS We did it this fiscal year for the first want to tell the President no, they do (Mr. GREEN of Texas asked and was time since 1960. Join with us. Quit not want the President’s higher taxes. given permission to address the House playing games. This body does not want his higher for 1 minute and to revise and extend f taxes. Remember the vote, 419–0. They his remarks.) do not want him to take a step back- REPUBLICANS HAVE ALREADY Mr. GREEN of Texas. Mr. Speaker, ward and raid Social Security. They do DIPPED INTO SOCIAL SECURITY my colleagues on the other side of the not want more spending and bigger TRUST FUND aisle leave everything until the last Government. minute. Sometimes I wonder if this (Mr. DOGGETT asked and was given It is time to slam a door on the Congress could not mess up a one-car permission to address the House for 1 President’s plans for more taxes and funeral. minute.) raiding Social Security. According to the Congressional Budg- Mr. DOGGETT. Mr. Speaker, ‘‘do not f et Office, they are dipping into the So- be fooled?’’ Well, it is near trick or cial Security budget to the tune of $13 treat time, and what is the trick that PRIVACY billion while spending thousands of dol- the Republican majority is concerned (Mr. MARKEY asked and was given lars on false and misleading ads. Before about? Well, here is the gentleman permission to address the House for 1 the appropriations bills are finished, from Texas (Mr. ARMEY), the majority minute and to revise and extend his re- that $13 billion cut into Social Secu- leader for the Republicans, saying it is marks.) rity could rise to $24 billion. Social Security that is a ‘‘bad retire- Mr. MARKEY. Mr. Speaker, there is Social Security is one of the most ment,’’ a ‘‘rotten trick’’ on the Amer- a terrible travesty about to be visited successful domestic programs ever cre- ican people. upon the American people. A deal be- ated. It guarantees a retirement secu- As my colleague from Texas was just tween the Republican leadership and rity for millions of Americans. It is our pointing out (Mr. GREEN), these views the White House has been perpetrated.

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.006 pfrm02 PsN: H21PT1 H10618 CONGRESSIONAL RECORD — HOUSE October 21, 1999 It will lead to the compromise of every That is no lockbox. This is an open ready spends $13 billion of the Social single American’s privacy. and revolving door. They have dipped Security Trust Fund. Every check they have ever written, into Social Security time and again in All of the sound and fury from the every insurance exam for their family, their appropriations bills. other side does not match the reality. their medical records, the checks they The Congressional Budget Office tells Their hands are in the cookie jar and have written out for the last 20 or 30 us that already on the running account the Republican leadership is spending years, they can all be now sold to any- they have stolen $13 billion of people’s the Social Security surplus. one who wants to buy them, every se- Social Security money, and in all like- The Republican leadership has a long cret in their family. This is a deal that lihood it will be as high as $25 billion in history of trying to undermine Social the Republican leadership and the people’s Social Security money. Security. The majority leader has White House have signed off on. Mr. Speaker, Republicans should re- called Social Security a ‘‘rotten trick’’ If they have their income tax form member that, under the Constitution, and said it should be ‘‘phased out.’’ done for them by H&R Block, there is only they can spend the people’s This is the same party who, 60 years a law that says they cannot reveal it. money. They have authorized, they ago, fought fiercely to stop the cre- But if they use their income tax form have appropriated the expenditure of ation of Social Security. They are still to apply for a mortgage, under this new $13 billion, $13 billion of the people’s fighting now to spend the surplus and law, they can sell their income tax Social Security money that they say is to see, in the long run, that it is phased form. They can give out that informa- in the lockbox. out. tion to anyone. It is not in the lockbox. It is in the f But if they want to complain to Pru- appropriations bills that they have SOCIAL SECURITY: PEOPLE’S RE- dential or to Bank One, do not try to been voting on day after day that ex- TIREMENT FUND NOT PRESI- call the CEO. He has got an unlisted ceed the request of the President of the DENT’S PERSONAL SLUSH FUND number at home. He is concerned about United States. They are lucky that the his privacy. He does not want them to police are not here arresting them (Mr. BARTLETT of Maryland asked bother him. today. and was given permission to address But they do not give a hoot about the f the House for 1 minute and to revise ordinary American’s privacy. and extend his remarks.) PRESIDENT NEEDS TO SHOW US f Mr. BARTLETT of Maryland. Mr. HIS SOCIAL SECURITY PLAN Speaker, newspapers reported several PRESIDENT IS FOR SOCIAL (Mr. OSE asked and was given per- days ago that the President has taken SECURITY LOCKBOX mission to address the House for 1 a new hard line with Republicans in (Mr. HERGER asked and was given minute and to revise and extend his re- Congress, saying that he will refuse to permission to address the House for 1 marks.) sign other spending measures until minute and to revise and extend his re- Mr. OSE. Mr. Speaker, did my col- they address his priorities and ‘‘assure marks.) leagues know that Americans today the Social Security surplus is being Mr. HERGER. Mr. Speaker, now even are living longer and having fewer chil- protected.’’ President Clinton is for a Social Secu- dren? This means, in the end, fewer Being protected? Recently the Presi- rity lockbox. workers in the future to support each dent vetoed the foreign aid bill and has Just yesterday, the President said, Social Security beneficiary. threatened to veto others because they ‘‘At a minimum, we should agree on a In 1960, there were 5.1 workers for do not spend more. But more of what? down payment on reform by passing a every person on Social Security. Today Since the President has refused to ac- Social Security lockbox.’’ that number stands at 3.4, and on our cept our reasonable spending measures, One hundred, fourteen days ago, current pace, by the year 2030, that he has only who choices left, either House Republicans and Democrats ratio will be down to 2.1. Let me repeat raise taxes or raid the Social Security passed my legislation, the Social Secu- that. There will be two people sup- Trust Fund, neither of which Congress rity and Medicare Safe Deposit Box Act porting each Social Security bene- will support, nor will I. 416–12. The House of Representatives is ficiary. If President Clinton was sincere committed to not spending one dime of Mr. Speaker, we need to reform our about protecting Social Security, he Social Security Trust Fund on unre- current Social Security system, and we would sign into law the reasonable lated programs, and now the President need to reform it as soon as possible. It spending measures we have passed in is on board there, as well. has now been 294 days and counting Congress and sent to him. Mr. Speaker, Senate Republicans since the President promised to provide Mr. Speaker, Social Security is the have tried seven times to consider the reforms to the Social Security plan. He people’s retirement fund, not the Presi- Social Security lockbox, only to be has not delivered. dent’s personal slush fund. Stop the blocked by Senate Democrats. As my good friends on the other side raid on Social Security. Mr. Speaker, it appears Senate know, we cannot make up in volume f Democrats are now the only obstacle what we lack in a plan. REPUBLICANS ONLY NEED TO to achieving a lockbox to protect So- There is no plan. The President has LOOK IN THE MIRROR FOR WHO cial Security surpluses. not given us his machine. Mr. Speaker, IS SPENDING SOCIAL SECURITY f I am asking the President, finally, SURPLUS show us your plan. SENATE DEMOCRATS ARE SAVING f (Ms. RIVERS asked and was given REPUBLICANS permission to address the House for 1 (Mr. GEORGE MILLER of California REPUBLICANS HAVE HANDS IN minute and to revise and extend her re- asked and was given permission to ad- THE COOKIE JAR marks.) dress the House for 1 minute and to re- (Ms. DELAURO asked and was given Ms. RIVERS. Mr. Speaker, let us vise and extend his remarks.) permission to address the House for 1 think about what we have been hearing Mr. GEORGE MILLER of California. minute and to revise and extend her re- this morning about attempts to spend Mr. Speaker, the Senate Democrats are marks.) Social Security. saving the Republicans. Because if the Ms. DELAURO. Mr. Speaker, the Re- First my colleagues on the other side lockbox that the gentleman from Cali- publican leadership reminds me of the say the President is trying to do it. fornia (Mr. HERGER) talks about was little boy who denies eating cookies But, of course, the facts are he cannot enforced today, they would be under even though his mouth is smeared with appropriate a dime, he does not have arrest for picking the lock and stealing chocolate and his shirt is covered with the ability. Only Congress, in fact, only the Social Security money out of it be- crumbs. the majority can do that. cause them have already spent $13 bil- According to their own accounting Well, then they say it is the Demo- lion of Social Security money, and office, the Congressional Budget Office, crats in Congress who are trying to they keep saying they have a lockbox. the Republican leadership’s budget al- spend the Social Security surplus.

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.009 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10619 What are the facts? The minority can- want the funding to be killed. Thank- ists contains much of the resources and not spend money on its own. Most ap- fully they changed their mind. Now programs our schools need, but we propriation bills are leaving the House over the next 5 years hundreds of thou- must give the American people the best passed with overwhelmingly Repub- sands of Americans can look forward to Title I we can. That means reauthor- lican support. richer lives either through the oppor- izing the Women’s Education Equity Democrats cannot spend any money tunity to help others or through the Act, keeping the poverty threshold at on their own. Well, say the Repub- good fortune of being helped. 50 percent, including adequate provi- licans, somebody is spending Social Se- I say keep up the good work, sions for bilingual education, and say- curity. Well, of course somebody is, AmeriCorps. Happy anniversary. Amer- ing ‘‘no’’ to vouchers. and the Congressional Budget Office ica thanks you. Our future demands full support of says it is the Republicans who are f our public school system as the best in- doing it. And of course the Congres- surance for a well-educated citizenry. sional Budget Office is led by a Repub- b 1030 With the passage of the Mink-Woolsey- lican. LET US WORK TOGETHER TO SAVE Sanchez-Morella amendment, we have So if the Republicans are committed SOCIAL SECURITY begun to do that. Young girls and to finding out who is spending the So- women across America are grateful to (Mr. SMITH of Michigan asked and cial Security surplus, I can tell them our colleagues for this amendment. was given permission to address the where to look. In the mirror. Now let us pass the Payne amendment, House for 1 minute and to revise and f reject the Armey amendment and help extend his remarks.) our bilingual students. REPUBLICANS WILL NOT USE Mr. SMITH of Michigan. Mr. Speak- f TAXES, USER FEES, OR GIM- er, for those people that might be MICKS FOR FUNDING AMERI- watching this session arguing between REPUBLICANS ARE NOT SPENDING CANS’ PRIORITIES that side and this side, who think it is SOCIAL SECURITY (Mr. PITTS asked and was given per- more important to save Social Secu- (Mr. SESSIONS asked and was given mission to address the House for 1 rity, really the news is so good, be- permission to address the House for 1 minute and to revise and extend his re- cause if both sides can work together minute.) marks.) to make sure the President does not Mr. SESSIONS. Mr. Speaker, today Mr. PITTS. Mr. Speaker, over the raid the Social Security trust fund, we we are listening to political debates past few weeks Democrats have been are going to be so much better off. and discussions on the floor of the attacking our appropriations bills by For 40 years, we have been spending House. I well understand what is occur- suggesting that they do not spend the Social Security surplus for other ring here today. But the truth should enough. They do not like our budget. government programs. When we did the not be held hostage. The fact of the However, the only thing they have to ‘‘Contract with America,’’ we said we matter is Republicans for years now stand on is the President’s budget and were going to balance the budget. We have been insisting on us not spending the numerous taxes and user fees in- set the target date for 2002. Actually Social Security. As a member of the cluded in it. we accomplished it this past year that Committee on Rules, we are under in- This week, we voted on the Presi- ended October 1. We balanced the budg- structions by DICK ARMEY, the major- dent’s alternative to raise taxes and et without using the Social Security ity leader, that there can be no spend- fees $240 over the next 10 years. What trust fund. So now that we have got ing bill that comes on the floor of the was in it? Just a partial list of his so- both sides working together, let us do House of Representatives that would called offsets and new taxes, tobacco that. Let us not start criticizing that spend Social Security for next year. tax, increase the aviation fees, Super- we are not spending enough money in In fact, as we now see in yesterday’s fund taxes, increase the agriculture these appropriation bills because what paper, the chief of staff for the White fees, commerce fees, FDA fees, Coast that means is you are spending the So- House says, ‘‘The Republicans’ key Guard fees, DOT fees, EPA pesticide cial Security surplus. It is tough for goal is not to spend the Social Security registration fees, FCC, and Social Se- politicians in Washington not to spend surplus.’’ For the first time in 39 years, curity fees, and the list goes on. more money to do more good things for this year not one penny of Social Secu- Mr. Speaker, we will pass spending the people in this country simply be- rity was used to fund the government bills that fund priorities of the Amer- cause they are more apt to get re- operations. I am proud of what Repub- ican people. We will not spend the So- elected when they spend that money. licans are doing, and the American cial Security surplus but we will not do Let us be frugal. Let us run our pock- public can know that the truth of the it by heaping on new user fees, gim- etbook and our checking account like matter is that we will make sure from micks, and taxes for every turn of an everybody else. this day forward with the new budget American’s life. f that not one penny of Social Security will be spent. f ON H.R. 2, TITLE I f FIFTH ANNIVERSARY OF REAUTHORIZATION AMERICORPS (Mrs. CHRISTENSEN asked and was VOTE NO ON TITLE I (Ms. WOOLSEY asked and was given given permission to address the House REAUTHORIZATION permission to address the House for 1 for 1 minute and to revise and extend (Mr. RODRIGUEZ asked and was minute and to revise and extend her re- her remarks.) given permission to address the House marks.) Mrs. CHRISTENSEN. Mr. Speaker, for 1 minute and to revise and extend Ms. WOOLSEY. Mr. Speaker, I am today this body will be continuing con- his remarks.) here today to pay tribute to sideration of H.R. 2, the Student Re- Mr. RODRIGUEZ. Mr. Speaker, we AmeriCorps on its fifth anniversary. sults Act which reauthorizes ESEA, or talk about the importance of edu- AmeriCorps is a program that gives Title I. Title I is a vital program for el- cation; yet when it comes to the edu- volunteers the chance to grow while ementary and secondary schools in the cation bill, we should all be dis- giving millions of others a helping territories as well as the States. My appointed in terms of where we are at hand. Thanks to AmeriCorps, 4 million district, the Virgin Islands, relies heav- with that particular bill. We talk about children have been tutored, 10,000 ily on the resources it provides to edu- the global economy and yet when we homes have been built, 600,000 seniors cate our children. look in terms of responding to the have been helped today live independ- We in this body have a responsibility global economy, we should be there in ently, and disaster survivors have been to ensure that this important measure terms of trying to teach dual language assisted. That is what I call a success- reaches all Americans, and this in- instruction, we should be there to try ful program. cludes women, people of color, the poor to improve multilingual education, we Recently, some of my colleagues and those for whom English is not should be there to try to reinforce bi- wanted to cut AmeriCorps and they their first language. The bill as it ex- lingual education.

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.029 pfrm02 PsN: H21PT1 H10620 CONGRESSIONAL RECORD — HOUSE October 21, 1999 What are we doing? We are doing just If you do not have a bike, Member of ANNOUNCEMENT BY THE SPEAKER the opposite. We are not addressing the Congress, let us know and we will loan PRO TEMPORE needs that we need to address. As we you one for the event. You will have The SPEAKER pro tempore (Mr. look at the existing piece of legisla- fun. Join the bicycle caucus, do right THORNBERRY). The Chair will once tion, especially Title I, there is some for America. again admonish the Member not to specific language in Title I. It is only As we hear the battling here on the refer to Members of the other body. addressed to limited English pro- floor, this is an activity that is ‘‘bike’’ ficiency youngsters. Every other child, partisan. I think it will be good for us f if you are an Anglo, if you are black, all to get on two wheels and inaugurate you do not have to jump through that that trail. THE JOURNAL hoop. The cost incurred is that if you f The SPEAKER pro tempore. Pursu- are limited English proficiency, you ant to clause 8 of rule XX, the pending are required to have to get parental ap- business is the question of agreeing to proval. If you are Anglo, you do not CONGRESS MUST SUCCEED IN BUDGET BATTLE the Speaker’s approval of the Journal have to. If you are black, you do not of the last day’s proceedings. have to. That is discriminatory. (Mr. METCALF asked and was given The question is on the Speaker’s ap- I would ask that Members seriously permission to address the House for 1 proval of the Journal. consider that we treat everyone in the minute.) The question was taken; and the same fashion and the same form. I Mr. METCALF. Mr. Speaker, we are Speaker pro tempore announced that would ask that we vote ‘‘no’’ on Title I. in the last crucial days until Congress the ayes appeared to have it. f adjourns, and we must be really alert. Mr. TANCREDO. Mr. Speaker, I ob- This is a time of last-minute desperate REPUBLICANS PROTECT SOCIAL ject to the vote on the ground that a midnight decisions. Now we must be SECURITY quorum is not present and make the most vigilant. The President may try point of order that a quorum is not (Mr. TANCREDO asked and was to apply pressure in support of his tax given permission to address the House present. increase by shutting down the govern- The SPEAKER pro tempore. Evi- for 1 minute.) ment again. That is a real concern, and Mr. TANCREDO. Mr. Speaker, what dently a quorum is not present. we cannot let that happen. The Sergeant at Arms will notify ab- is a great day this is, in fact. I am in- Do not let the President raid the So- credibly happy to hear the discussion sent Members. cial Security trust fund in these last The vote was taken by electronic de- on the floor. I mean, this is amazing, crucial hours for his spending pro- and I hope the American people are vice, and there were—yeas 352, nays 62, grams. There must be real trust in the paying strict attention here. not voting 19, as follows: trust fund, and there must be real After 40 years of control by the [Roll No. 520] Democrats in this House and in the money there. People are depending on that money. I am one of them. It is my YEAS—352 Congress of the United States, after 40 Abercrombie Chenoweth-Hage Frost years of spending every single dime of generation that is depending on that money. We must stop the raid on So- Ackerman Clayton Gallegly Social Security surplus and, by the Allen Clement Ganske way, a lot of money that did not even cial Security. It is our job and this Andrews Coble Gejdenson Congress must succeed. Archer Coburn Gekas come into the government of the Armey Collins Gilchrest United States, after 40 years, they f Baker Condit Gilman traipse to the floor today to say, ‘‘We Baldacci Conyers Gonzalez must protect Social Security.’’ Baldwin Cook Goode MOSELEY-BRAUN FOR NEW Ballenger Cooksey Goodlatte What a great battle we have won for ZEALAND AMBASSADOR Barcia Cox Goodling the minds of the American public when Barr Coyne Gordon (Ms. MCKINNEY asked and was given even they are now saying they need to Barrett (NE) Cramer Goss permission to address the House for 1 protect Social Security. As for the Barrett (WI) Crowley Graham Bartlett Cubin Granger President’s opinion on this, as to minute.) Ms. MCKINNEY. Mr. Speaker, the Barton Cunningham Green (WI) whether or not he wants to protect So- Bass Danner Greenwood cial Security, I ask you all to think last time I checked, a flag is made of Bateman Davis (FL) Hall (OH) carefully of the last time you heard the cloth, not carved in stone. But it ap- Bentsen Davis (IL) Hall (TX) Bereuter Davis (VA) Hansen President of the United States say he pears, Mr. Speaker, that the heart of at least one Senator is carved in stone Berkley Deal Hastings (FL) was going to veto a bill because it Berman DeGette Hastings (WA) spent too much money. Never, not one, and it is stone cold. Berry Delahunt Hayes zero, nada. All the bills that the Presi- I have long known that some of my Biggert DeLauro Hayworth brothers and sisters in the South are Bilirakis DeLay Herger dent is going to veto is because he says Bishop DeMint Hill (IN) they do not spend enough. still fighting the Civil War. But guess Blagojevich Deutsch Hinchey what, Mr. Speaker, the United States Bliley Diaz-Balart Hinojosa f won. The Confederacy lost. Blumenauer Dicks Hobson PLEA FOR BIKE PARTISANSHIP Blunt Dingell Hoeffel The South shall rise again. But this Boehlert Dixon Holden (Mr. BLUMENAUER asked and was time under the leadership of a New Boehner Doggett Holt given permission to address the House South coalition that unites us rather Bonilla Dooley Horn than tears us apart. But some folks Bonior Doolittle Hostettler for 1 minute.) Bono Doyle Houghton Mr. BLUMENAUER. Mr. Speaker, particularly in North Carolina did not Boswell Dreier Hoyer the most important act that we can do get the message. Boucher Duncan Hulshof to promote livable communities on be- Like the slaves who did not get the Boyd Dunn Hunter Brady (TX) Edwards Hutchinson half of the Federal Government is sim- word until years later that they were Brown (FL) Ehlers Hyde ply to lead by example. There are 65 free, it appears that JESSE HELMS still Brown (OH) Ehrlich Inslee million Americans who cycle. A simple has his heart in Confederate bondage. Bryant Emerson Istook From fighting the Confederate flag on Burr Engel Jackson (IL) four-mile round trip on a bicycle saves Buyer Eshoo Jackson-Lee 15 pounds of air pollution. the Senate floor to singing ‘‘Dixie’’ in Callahan Everett (TX) Members of this assembly have the Senate elevators, Senator HELMS has Calvert Ewing Jenkins opportunity to help lead by example by ricocheted the Senate back to the Tara Campbell Farr John Canady Fletcher Johnson (CT) joining the Bicycle Caucus Tuesday Plantation of ‘‘Gone With the Wind.’’ Cannon Foley Johnson, Sam morning with Secretary of Transpor- Thank goodness those days really are Capps Ford Jones (NC) tation Rodney Slater and the Wash- gone with the wind. Cardin Fossella Jones (OH) ington Area Bicycle Association for a Carol Moseley-Braun could be our Carson Fowler Kanjorski Castle Frank (MA) Kaptur ribbon cutting for the new metropoli- next ambassador to New Zealand if Chabot Franks (NJ) Kasich tan branch trail. President Clinton stands by her. Chambliss Frelinghuysen Kelly

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.014 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10621 Kennedy Neal Sherman The result of the vote was announced serting after section 1115A of such Act (20 Kildee Nethercutt Sherwood U.S.C. 6316) the following: Kilpatrick Ney Shimkus as above recorded. ‘‘SEC. 1115B. PUPIL SAFETY AND FAMILY SCHOOL Kind (WI) Northup Shows f CHOICE. King (NY) Norwood Shuster Kingston Nussle Simpson APPOINTMENT OF CONFEREES ON ‘‘(a) IN GENERAL.—If a student is eligible to Kleczka Obey Sisisky H.R. 3064, DISTRICT OF COLUMBIA be served under section 1115(b), or attends a Knollenberg Olver Skeen school eligible for a schoolwide program Kolbe Ortiz Skelton APPROPRIATIONS ACT, 2000 under section 1114, and— Kuykendall Ose Slaughter The SPEAKER pro tempore (Mr. ‘‘(1) becomes a victim of a violent criminal LaFalce Owens Smith (MI) THORNBERRY). Without objection, the offense while in or on the grounds of a public LaHood Oxley Smith (NJ) elementary school or secondary school that Lampson Packard Smith (TX) Chair appoints the following conferees the student attends and that receives assist- Lantos Paul Smith (WA) on the bill, H.R. 3064: Messrs. ISTOOK, ance under this part, then the local edu- Larson Payne Snyder CUNNINGHAM, TIAHRT, and ADERHOLT, Latham Pease Souder cational agency shall allow such student to LaTourette Pelosi Spence Mrs. EMERSON, and Messrs. SUNUNU, attend any other public or private elemen- Lazio Peterson (PA) Spratt YOUNG of Florida, MORAN of Virginia, tary school or secondary school, including a Leach Petri Stabenow DIXON, MOLLOHAN and OBEY. sectarian school, in the same State as the Lee Phelps Stark school where the criminal offense occurred, Levin Pickering Stearns There was no objection. Lewis (CA) Pitts Stenholm f that is selected by the student’s parent; or Lewis (GA) Pombo Stump ‘‘(2) the public school that the student at- Lewis (KY) Pomeroy Sununu GENERAL LEAVE tends and that receives assistance under this Lofgren Porter Talent part has been designated as an unsafe public Lowey Portman Tanner Mr. GOODLING. Mr. Speaker, I ask school, then the local educational agency Lucas (KY) Price (NC) Tauscher unanimous consent that all Members may allow such student to attend any other Lucas (OK) Pryce (OH) Tauzin may have 5 legislative days within public or private elementary school or sec- Luther Quinn Taylor (NC) Maloney (CT) Radanovich Terry which to revise and extend their re- ondary school, including a sectarian school, Maloney (NY) Rahall Thomas marks on H.R. 2, the Student Results in the same State as the school where the Manzullo Rangel Thornberry Act of 1999. criminal offense occurred, that is selected by Martinez Regula Thune The SPEAKER pro tempore. Is there the student’s parent. Mascara Reyes Thurman ‘‘(b) STATE EDUCATIONAL AGENCY DETER- objection to the request of the gen- McCollum Reynolds Tiahrt MINATIONS.— McCrery Riley Tierney tleman from Pennsylvania? ‘‘(1) The State educational agency shall de- McGovern Rivers Toomey There was no objection. termine, based upon State law, what actions McHugh Rodriguez Towns McInnis Roemer Traficant f constitute a violent criminal offense for pur- McIntosh Rogers Turner poses of this section. McIntyre Rohrabacher Upton STUDENT RESULTS ACT OF 1999 ‘‘(2) The State educational agency shall de- McKeon Ros-Lehtinen Vento The SPEAKER pro tempore (Mr. termine which schools in the State are un- McKinney Rothman Vitter safe public schools. LAHOOD). Pursuant to House Resolu- Meehan Roukema Walden ‘‘(3) The term ‘unsafe public schools’ Meeks (NY) Roybal-Allard Walsh tion 336 and rule XVIII, the Chair de- means a public school that has serious Menendez Royce Wamp clares the House in the Committee of Metcalf Rush Watkins crime, violence, illegal drug, and discipline Mica Ryan (WI) Watt (NC) the Whole House on the State of the problems, as indicated by conditions that Millender- Ryun (KS) Watts (OK) Union for the further consideration of may include high rates of— McDonald Salmon Waxman the bill, H.R. 2. ‘‘(A) expulsions and suspensions of stu- Miller (FL) Sanchez Weiner dents from school; Miller, Gary Sandlin Weldon (FL) b 1104 ‘‘(B) referrals of students to alternative Minge Sanford Weldon (PA) schools for disciplinary reasons, to special Mink Sawyer Wexler IN THE COMMITTEE OF THE WHOLE programs or schools for delinquent youth, or Moakley Saxton Weygand Accordingly, the House resolved to juvenile court; Mollohan Schakowsky Whitfield itself into the Committee of the Whole Moore Scott Wicker ‘‘(C) victimization of students or teachers Moran (VA) Sensenbrenner Wilson House on the State of the Union for the by criminal acts, including robbery, assault Morella Serrano Wise further consideration of the bill (H.R. and homicide; Murtha Sessions Wolf 2) to send more dollars to the class- ‘‘(D) enrolled students who are under court Myrick Shadegg Woolsey supervision for past criminal behavior; Nadler Shaw Wynn room and for certain other purposes, Napolitano Shays Young (FL) with Mr. THORNBERRY (Chairman pro ‘‘(E) possession, use, sale or distribution of tempore) in the chair. illegal drugs; NAYS—62 The Clerk read the title of the bill. ‘‘(F) enrolled students who are attending Aderholt Gutierrez Pastor school while under the influence of illegal Baird Hefley Peterson (MN) The CHAIRMAN pro tempore. When drugs or alcohol; Becerra Hill (MT) Pickett the Committee of the Whole rose on ‘‘(G) possession or use of guns or other Bilbray Hilleary Ramstad Wednesday, October 20, 1999, Amend- weapons; Borski Hilliard Rogan ment No. 4 by the gentlewoman from ‘‘(H) participation in youth gangs; or Brady (PA) Hoekstra Sabo Capuano Hooley Schaffer Hawaii (Mrs. MINK) had been disposed ‘‘(I) crimes against property, such as theft Clay Johnson, E.B. Strickland of. Three hours and 20 minutes remain or vandalism. Clyburn Klink Stupak for consideration of the bill under the ‘‘(c) TRANSPORTATION AND TUITION COSTS.— Costello Kucinich Sweeney The local educational agency that serves the Crane Lipinski Tancredo 5-minute rule. public school in or the grounds on which the DeFazio LoBiondo Taylor (MS) Are there further amendments to the violent criminal offense occurred or that Dickey Markey Thompson (CA) bill? serves the designated unsafe public school English McDermott Thompson (MS) AMENDMENT NO. 56 OFFERED BY MR. ARMEY may use funds hereafter provided under this Etheridge McNulty Udall (CO) part to provide transportation services or to Evans Meek (FL) Udall (NM) Mr. ARMEY. Mr. Chairman, I offer pay the reasonable costs of transportation or Fattah Miller, George Visclosky an amendment. Filner Moran (KS) Waters the reasonable costs of tuition or mandatory Gibbons Oberstar Weller The CHAIRMAN. The Clerk will des- fees associated with attending another Gillmor Pallone Wu ignate the amendment. school, public or private, selected by the stu- Green (TX) Pascrell The text of the amendment is as fol- dent’s parent. The local educational agency NOT VOTING—19 lows: shall ensure that this subsection is carried Amendment No. 56 offered by Mr. out in a constitutional manner. Bachus Gutknecht McCarthy (NY) ‘‘(d) SPECIAL RULE.—Any school receiving Burton Isakson Sanders ARMEY: assistance provided under this section shall Camp Jefferson Scarborough Before section 111 of the bill, insert the fol- comply with title VI of the Civil Rights Act Combest Largent Velazquez lowing (and redesignate any subsequent sec- Cummings Linder Young (AK) of 1964 (42 U.S.C. 2000d et seq.) and not dis- Forbes Matsui tions accordingly): criminate on the basis of race, color, or na- Gephardt McCarthy (MO) SEC. 111. PUPIL SAFETY AND FAMILY SCHOOL tional origin. CHOICE. ‘‘(e) PART B OF THE INDIVIDUALS WITH DIS- b 1101 Subpart 1 of part A of title I of the Ele- ABILITIES EDUCATION ACT.—Nothing in this mentary and Secondary Education Act of section shall be construed to affect the re- So the Journal was approved. 1965 (20 U.S.C. 6311 et seq.) is amended by in- quirements of part B of the Individuals with

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.003 pfrm02 PsN: H21PT1 H10622 CONGRESSIONAL RECORD — HOUSE October 21, 1999

Disabilities Education Act (20 U.S.C. 1411 et demic standards as determined by the State; ‘‘(b) INSUFFICIENT FUNDS.—If the amount of seq.). and funds made available to a State under this ‘‘(f) MAXIMUM AMOUNT.—Notwithstanding ‘‘(2) in which more than 50 percent of the part is insufficient to provide every eligible any other provision of this section, the children attending are eligible for free or re- student in a selected academic emergency amount of assistance provided under this duced price lunches under the National school with academic emergency relief part for a student shall not exceed the per School Lunch Act (42 U.S.C. 1751 et seq.). funds, the State shall devise a random selec- pupil expenditure for elementary or sec- ‘‘(c) LIST TO SECRETARY.—To receive a tion process to provide eligible students in ondary education, as appropriate, by the grant under this part, the Governor shall such school whose family income does not local educational agency that serves the submit a list of academic emergency schools exceed 185 percent of the poverty line the op- school— to the State educational agency and the Sec- portunity to participate in education alter- ‘‘(1) where the violent criminal offense oc- retary. natives established pursuant to this part. curred for the fiscal year preceding the fiscal ‘‘SEC. 1804. APPLICATION AND STATE SELECTION. ‘‘(c) PAYMENTS.— year in which the offense occurred; or ‘‘(a) APPLICATION.—Each State in which ‘‘(1) IN GENERAL.—From the funds made ‘‘(2) designated as an unsafe public school the Governor has designated 1 or more available to a State under this part and not by the State educational agency for the fis- schools as academic emergency schools shall reserved under section 1804(a)(1)(D), a State cal year preceding the fiscal year for which submit an application to the Secretary that shall pay not more than $3,500 in academic the designation is made. includes the following: emergency relief funds to the parents of each ‘‘(g) CONSTRUCTION.—Nothing in this Act or ‘‘(1) ASSURANCES.—Assurances that the participating eligible student. any other Federal law shall be construed to State shall— ‘‘(2) PERIOD OF AWARDS.—The academic prevent a parent assisted under this section ‘‘(A) use the funds provided under this part emergency relief funds awarded to parents of from selecting the public or private elemen- to supplement, not supplant, State and local participating eligible students shall be tary school or secondary school that a child funds that would otherwise be available for awarded for each school year during the of the parent will attend within the State. the purposes of this part; grant period which shall terminate— ‘‘(h) CONSIDERATION OF ASSISTANCE.—As- ‘‘(B) provide written notification to the ‘‘(A) when a participating eligible student sistance used under this section to pay the parents of every student eligible to receive is no longer a student in the State; or costs for a student to attend a private school academic emergency relief funds under this ‘‘(B) at the end of 5 years, shall not be considered to be Federal aid to part, informing the parents of the voluntary whichever occurs first. the school, and the Federal Government nature of the program established under this ‘‘(3) DURATION.—A State shall continue to shall have no authority to influence or regu- part, and the availability of qualified schools receive funds under this part for distribution late the operations of a private school as a within their geographic area; to parents of participating eligible students result of assistance received under this sec- ‘‘(C) provide parents and the education throughout the 5-year grant period. tion. community with easily accessible informa- ‘‘SEC. 1806. QUALIFIED SCHOOLS. ‘‘(i) CONTINUING ELIGIBILITY.—A student as- tion regarding available education alter- ‘‘(a) QUALIFICATIONS.—A State that sub- sisted under this section shall remain eligi- natives; and mits an application to the Secretary under ble to continue receiving assistance under ‘‘(D) not reserve more than 4 percent of the section 1804 shall publish the qualifications this section for 5 academic years without re- amount made available under this part to necessary for a school to participate as a gard to whether the student is eligible for as- pay administrative expenses. qualified school under this part. At a min- sistance under section 1114 or 1115(b). ‘‘(2) INFORMATION.—Information regarding imum, each such school shall— ‘‘(j) TUITION CHARGES.—Assistance under each academic emergency school, for the ‘‘(1) provide assurances to the State that it this section may not be used to pay tuition school year in which the application is sub- will comply with section 1810; or mandatory fees at a private elementary mitted, regarding the number of children at- ‘‘(2) certify to the State that the amount school or secondary school in an amount tending such school, including the number of charged to a parent using academic relief that is greater than the tuition and manda- children who are eligible for free or reduced- funds for tuition and fees does not exceed the tory fees paid by students not assisted under price lunch under the National School Lunch amount for such tuition and fees charged to this section at such private school. Act (42 U.S.C. 1751 et seq.) and the level of a parent not using such relief funds whose ‘‘(k) SECTARIAN INSTITUTIONS.—Nothing in student performance. child attends the qualified school (excluding this section shall be construed to supersede ‘‘(b) STATE AWARDS.— scholarship students attending such school); or modify any provision of a State constitu- ‘‘(1) STATE SELECTION.—From the amount and tion that prohibits the expenditure of public appropriated pursuant to the authority of ‘‘(3) report to the State, not later than funds in or by sectarian institutions.’’ section 1814 in any fiscal year, the Secretary July 30 of each year in a manner prescribed After part G of the Elementary and Sec- shall award grants to States in accordance by the State, information regarding student ondary Education Act of 1965, as proposed to with this section. performance. be added by section 171 of the bill, insert the ‘‘(2) PRIORITY.—To the extent practicable, ‘‘(b) CONFIDENTIALITY.—No personal identi- following: the Secretary shall ensure that each State fiers may be used in such report described in PART F—ACADEMIC EMERGENCIES that completes an application in accordance subsection (a)(3), except that the State may SEC. 181. ACADEMIC EMERGENCIES. with subsection (a) shall receive a grant of request such personal identifiers solely for (a) ACADEMIC EMERGENCIES.—Title I of the sufficient size to provide education alter- the purpose of verifying student perform- Act is amended by adding at the end the fol- natives to not less than 1 academic emer- ance. lowing: gency school. ‘‘SEC. 1807. ACADEMIC EMERGENCY RELIEF FUNDS. ‘‘PART H—ACADEMIC EMERGENCIES ‘‘(3) AWARD CRITERIA.—In determining the amount of a grant award to a State under ‘‘(a) USE OF ACADEMIC EMERGENCY RELIEF ‘‘SEC. 1801. SHORT TITLE. this part, the Secretary shall take into con- FUNDS.—A parent who receives academic ‘‘This part may be cited as the ‘‘Academic sideration the number of schools designated emergency relief funds from a State under Emergency Act’’. as academic emergencies in the State and this part may use such funds to pay the costs ‘‘SEC. 1802. PROGRAM AUTHORIZED. the number of eligible students in such of tuition and mandatory fees for a program ‘‘(a) IN GENERAL.—The Secretary is author- schools. of instruction at a qualified school. ized to provide funds to States that have 1 or ‘‘(4) STATE PLAN.—Each State that applies ‘‘(b) NOT SCHOOL AID.—Academic emer- more schools designated under section 1803 for funds under this part shall establish a gency relief funds under this part shall be as academic emergency schools to provide plan— considered assistance to the student and parents whose children attend such schools ‘‘(A) to ensure that the greatest number of shall not be considered assistance to a quali- with education alternatives. eligible students who attend academic emer- fied school. ‘‘(b) GRANTS TO STATES.—Grants awarded gency schools have an opportunity to receive ‘‘SEC. 1808. EVALUATION. to a State under this part shall be awarded an academic emergency relief funds; and ‘‘(a) ANNUAL EVALUATION.— for a period of not more than 5 years. ‘‘(B) to develop a simple procedure to allow ‘‘(1) CONTRACT.—The Comptroller General ‘‘SEC. 1803. ACADEMIC EMERGENCY DESIGNA- parents of participating eligible students to of the United States shall enter into a con- TION. redeem academic emergency relief funds. tract, subject to amounts specified in Appro- ‘‘(a) DESIGNATION.—The Governor of each ‘‘SEC. 1805. SELECTION OF ACADEMIC EMER- priation Acts, with an evaluating agency State may designate 1 or more schools in the GENCY SCHOOLS AND AWARDS TO that has demonstrated experience in con- State that meet the eligibility requirements PARENTS. ducting evaluations, for the conduct of an set forth in subsection (b) or are identified ‘‘(a) SELECTION.—The State shall select ongoing rigorous evaluation of the education for school improvement under section 1116(b) academic emergency schools based on — alternative program established under this as academic emergency schools. ‘‘(1) the number of eligible students attend- part. ‘‘(b) ELIGIBILITY.—To be designated as an ing an academic emergency school; ‘‘(2) ANNUAL EVALUATION REQUIREMENT.— academic emergency school, the school shall ‘‘(2) the availability of qualified schools The contract described in paragraph (1) shall be a public elementary school— near the academic emergency school; and require the evaluating agency entering into ‘‘(1) with a consistent record of poor per- ‘‘(3) the academic performance of students such contract to annually evaluate the edu- formance by failing to meet minimum aca- in the academic emergency school. cation alternative program established

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.004 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10623 under this part in accordance with the eval- ‘‘SEC. 1812. CHILDREN WITH DISABILITIES. is that all of a sudden, now as a grand- uation criteria described in subsection (b). ‘‘Nothing in this part shall affect the parent, Mr. Chairman, I realize that ‘‘(3) TRANSMISSION.—The contract de- rights of students, or the obligations of pub- these children for whom we talk about scribed in paragraph (1) shall require the lic schools of a State, under the Individuals education today, my grandchildren, are evaluating agency entering into such con- with Disabilities Education Act (20 U.S.C. tract to transmit to the Comptroller General 1400 et seq.). more precious, or seem to be more pre- of the United States the findings of each an- ‘‘SEC. 1813. DEFINITIONS. cious to me at this time in my life, nual evaluation under paragraph (2). ‘‘As used in this part: even than my own were at that time. ‘‘(b) EVALUATION CRITERIA.—The Comp- ‘‘(1) The terms ‘‘local educational agency’’ Maybe that is just the business of troller General of the United States, in con- and ‘‘State educational agency’’ have the being a grandparent and knowing that sultation with the Secretary, shall establish same meanings given such terms in section one’s grandkids are more precious than minimum criteria for evaluating the edu- 14101 of the Elementary and Secondary Edu- your own children. cation alternative program established cation Act of 1965 (20 U.S.C. 8801). But we are really talking about some under this part. Such criteria shall provide ‘‘(2) The term ‘‘eligible student’’ means a very serious business with some very for— student enrolled, in a grade between kinder- important people in our lives. I cannot ‘‘(1) a description of the effects of the pro- garten and 4th, in an academic emergency grams on the level of student participation school during the school year in which the think of anything that any society and parental satisfaction with the education Governor designates the school as an aca- that can be that can ever be more im- alternatives provided pursuant to this part demic emergency school, except that the portant than educating and keeping compared to the educational achievement of parents of a child enrolled in kindergarten at safe and happy the children. students who choose to remain at academic the time of the Governor’s designation shall Mr. Chairman, there are some unset- emergency schools selected for participation not be eligible to receive academic emer- tling circumstances out there that are under this part; and gency relief funds until the child is in first faced by the children of this Nation, ‘‘(2) a description of the effects of the pro- grade. and I just want to review a few of grams on the educational performance of eli- ‘‘(3) The term ‘‘Governor’’ means the chief them. There are 15,000 schools in Amer- gible students who receive academic emer- executive officer of the State. gency relief funds compared to the edu- ‘‘(4) The term ‘‘parent’’ includes a legal ica that are on a list of most-troubled cational performance of students who choose guardian or other person standing in loco Title I schools. One hundred of these to remain at academic emergency schools se- parentis. have been on the list for 10 years or lected for participation under this part. ‘‘(5) The term ‘‘poverty line’’ means the in- more. There are children who are being ‘‘SEC. 1809. REPORTS BY COMPTROLLER GEN- come official poverty line (as defined by the abandoned by the bureaucracy that ERAL. Office of Management and Budget, and re- does not seem to care, and we must ‘‘(a) INTERIM REPORTS.—Three years after vised annually in accordance with section find an alternative. Even perhaps more the date of enactment of the Student Results 673(2) of the Community Services Block frightening, Mr. Chairman, there are Act of 1999, the Comptroller General of the Grant Act (42 U.S.C. 9902(2)) applicable to a United States shall submit an interim report family of the size involved. children that feel trapped in violent to Congress on the findings of the annual ‘‘(6) The term ‘‘qualified school’’ means a schools. There are children that go to evaluations under section 1808(a)(2) for the public, private, or independent elementary school and are assaulted in school, and education alternative program established school that meets the requirements of sec- they are scared. This amendment seeks under this part. The report shall contain a tion 1806 and any other qualifications estab- to address that. copy of the annual evaluation under section lished by the State to accept academic emer- I want to ask just a very simple ques- 1808(a)(2) of education alternative program gency relief funds from the parents of par- tion. As we mark up this bill and we re- established under this part. ticipating eligible students. late to all of the issues we have here, ‘‘(b) FINAL REPORT.—The Comptroller Gen- ‘‘(7) The term ‘‘Secretary’’ means the Sec- can we not stop for a moment and say eral shall submit a final report to Congress, retary of Education. not later than 7 years after the date of the ‘‘(8) The term ‘‘State’’ means each of the 50 that no child should be trapped and no enactment of the Student Results Act of States and the District of Columbia. parent should feel trapped by a cir- 1999, that summarizes the findings of the an- ‘‘SEC. 1814. AUTHORIZATIONS OF APPROPRIA- cumstance where that child must have nual evaluations under section 1808(a)(2). TIONS. as their only alternative to stay in a ‘‘SEC. 1810. CIVIL RIGHTS. ‘‘There are authorized to be appropriated school that is a failure, a school that ‘‘(a) IN GENERAL.—A qualified school under to carry out this part $100,000,000 for fiscal the government might likely look at this part shall not discriminate on the basis year 2000 and such sums as may be necessary and say, that school is a disaster area. of race, color, national origin, or sex in car- for each of the fiscal years 2001 through 2004, We have those in States across the rying out the provisions of this part. except that the amount authorized to be ap- country and in cities across the coun- ‘‘(b) APPLICABILITY AND CONSTRUCTION propriated may not exceed $100,000,000 for WITH RESPECT TO DISCRIMINATION ON THE any fiscal year.’’. try. That school is a complete disaster BASIS OF SEX.— (b) REPEALS.—The following programs are area. If we had a flood, if we had a tor- ‘‘(1) APPLICABILITY.—With respect to dis- repealed: nado and we saw disaster and we saw crimination on the basis of sex, subsection (1) INTERNATIONAL EDUCATION EXCHANGE the children stuck in the muck and the (a) shall not apply to a qualified school that PROGRAM.—Section 601 of the Goals 2000: mire of that disaster, we would declare is controlled by a religious organization if Educate America Act (20 U.S.C. 5951). it a disaster and we would do some- the application of subsection (a) is incon- (2) FUND FOR THE IMPROVEMENT OF EDU- thing about it. What I am asking us to sistent with the religious tenets of the quali- CATION.—Part A of title X of the Elementary fied school. and Secondary Education Act of 1965 (20 do with this amendment is give the ‘‘(2) SINGLE-SEX SCHOOLS, CLASSES, OR AC- U.S.C. 8001 et seq.). governor an opportunity to look at a TIVITIES.—With respect to discrimination on (3) 21ST CENTURY COMMUNITY LEARNING CEN- school and say, that school is a dis- the basis of sex, nothing in subsection (a) TERS.—Part I of title X of the Elementary aster. shall be construed to prevent a parent from and Secondary Education Act of 1965 (20 Mr. Chairman, most of us, thank choosing, or a qualified school from offering, U.S.C. 8241 et seq.). goodness, as parents with families will a single-sex school, class, or activity. Mr. ARMEY. Mr. Chairman, let me make that decision on our own. We ‘‘SEC. 1811. RULES OF CONSTRUCTION. begin by thanking the committee for would say, my child is in a school that ‘‘(a) IN GENERAL.—Nothing in this part bringing this legislation to the floor. If is a disaster, and I have the money, I shall be construed to prevent a qualified I might, I would like to reflect for just have the ability, and I am going to school that is operated by, supervised by, controlled by, or connected to a religious or- a moment on a personal basis. pick up that child and move him some ganization from employing, admitting, or Mr. Chairman, I think I can say that place else, and we do it. I pick up my giving preference to persons of the same reli- I am sure my own feelings on the sub- whole family, my whole household and gion to the extent determined by such school ject of education are pretty much the move it to another neighborhood. We to promote the religious purpose for which same as everybody else in this body. I do that. One does not have to go house the qualified school is established or main- have dealt with education all of my hunting very many times and talk to tained. life, as a student, as a parent, as a many people who sell houses in Amer- ‘‘(b) SECTARIAN PURPOSES.—Nothing in this teacher, and now as a grandparent and ica to realize that one of the first con- part shall be construed to prohibit the use of funds made available under this part for sec- a legislator. cerns that we have is what is the qual- tarian educational purposes, or to require a One of the things that I have felt ity of the schools. But some people do qualified school to remove religious art, very seriously about in the last few not have those resources, some people icons, scripture, or other symbols. days as I have thought about this bill do not have those options. Some people

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.004 pfrm02 PsN: H21PT1 H10624 CONGRESSIONAL RECORD — HOUSE October 21, 1999 feel like, my child is stuck there and I haps with their new safety and secu- Mr. BOEHNER. Mr. Chairman, I do not have the money to change it. rity. If it does not work in their lives, move to strike the requisite number of So I am asking in this bill to say to we will not come back and ask for words. those parents, you should be able to more, there is no need to reauthorize Mr. Chairman, I rise today in support get, if your governor determines that it. But for 5 years, Mr. Chairman, for 5 of the amendment offered by the gen- that school is a disaster and you feel years, can we reach out a heart and a tleman from Texas, the Majority Lead- like your child is stuck and you do not hand of compassion to children that er. have any resources, you should be able are today stuck in schools that are dis- Most of us in this Chamber are pretty to apply for and receive a scholarship asters or who have had in their own fortunate. Our kids go to good schools. of $3,500 so that you can take your personal life a horribly frightening, I know that my kid went to good pub- child and pick your child up and move scary, tragic disaster. lic schools in my district; and, frankly, your child to a school that is not a dis- I have seen that, Mr. Chairman. I the schools in my district, by and aster area. That does not strike me as have seen the child that has come large, are very good schools. too much to ask. home from school beaten up because But we also know that we have got And then in another way, we are ad- they just did not fit in. That child does children trapped in very bad schools dressing another concern that I have. If not have to go back and should not. around our country. The U.S. Depart- my child or grandchild came home b 1115 ment of Education keeps track of a list from school and had been a victim of Mr. CLAY. Mr. Chairman, I move to of academic emergencies. Some of assault on the school grounds and was strike the last word. these schools have been on this list for injured, sometimes these children are Mr. Chairman, I, too, am a grand- 10 years. I wonder how long we can stabbed, beaten, I would be able to pick father. I have three grandchildren in look the other way when children are up my child, my son would be able to public schools, and I am concerned trapped in schools that have no chance pick up my grandchild and move him about them as well as any other grand- of success. We are imprisoning those out of that school, get him someplace parent. children for the rest of their lives. else, get him safe. A lot of families But I was lost by the logic or illogic Yes, Title I, we have spent an awful cannot do that. of the last statement made about com- lot of money over the years. Yes, we I am asking us here as a Congress to passion for a seventh grader who is in have been able to save some children. take a look at that mother and father an unsafe environment and that parent The point here is that this is a pilot and say, do we not have a heart for being able to take that child out of program aimed at the worst schools in you? Are we ready to let you look at that unsafe environment and put that the country to give parents some abil- your baby and say honey, you have to child in a safe environment. ity to help their children. The Gov- go back there? I would think that to take one child ernor has to have declared that the The CHAIRMAN. The time of the out of an unsafe environment and leave school is an academic emergency. The gentleman from Texas (Mr. ARMEY) has the rest of the children in that unsafe program is completely voluntary so expired. environment does not make much that no State is forced to do this. (By unanimous consent, Mr. ARMEY sense. I would think one would take But the point I think that the gen- was allowed to proceed for 2 additional the disruptive children, the ones who tleman from Texas (Mr. ARMEY) is try- minutes.) are causing the unsafe environment, ing to bring here is that it is time for Mr. ARMEY. Mr. Chairman, I want out of that situation and leave all of us to help those who are most in need. my colleagues to think about that. A the children in a safe environment. Yes, if one is trapped in a bad school mother standing there in front of her I, too, am a grandparent. I have and one is a middle-income parent, one baby, sixth, seventh grade child, com- many reasons why I oppose this amend- is a wealthy parent, one has school ing up, bloody, battered, bruised and ment. The Committee on Education choice. One has an ability to take one’s scared, frightened. These children and the Workforce deliberated at child out of that school and move them sometimes are terrified, and to have length on the issue of private school to another school. that mother have no recourse but to vouchers. Then we voted overwhelm- But if one is locked in an inner-city say honey, cannot help it. You have to ingly in committee to reject that con- school where there is an academic go back there tomorrow, there is no cept. emergency, those parents do not have Second, if this amendment were place else for you to go, is not accept- that ability. How can we continue to adopted, it would destroy the biparti- able. Fortunately, most children do not look the other way when we know that sanship we developed on this bill dur- face that. Are we not lucky that most ing the last 12 or 14 months. It would there are kids trapped in these kinds of children do not have that fear? But also jeopardize all the progress that we schools? some children do. I think that this is an idea worth try- are making in improving Title I. I am saying, we should be able to find Beyond that, Mr. Chairman, this is a ing. It is a separate $200 million pilot in this bill, in this amendment some reckless amendment that would divert project for 5 years. Let us see if it resources that say, if you are that funds from poor public schools to paro- works. What do we have to fear from mother, there is a place for you to go. chial schools. It provides no oversight trying this program? It will not deny If you do not have the money so that of the quality of education provided any school any money that they would you can take that child to another with Federal funds, which is the oppo- already get under Title I and other school, there is a place for you to go. site of what we are doing in the rest of Federal education programs. It would You do not have to say, go back there this bill. be in addition to that money. and be scared. You can apply for and Also, Federal funding of private So let us give these kids a real receive a $3,500 scholarship and take school vouchers raises serious constitu- chance at success and a real shot at the your child someplace else. tional issues that could jeopardize the American dream that they do not have Now, Mr. Chairman, I am not asking independence of religious schools and today. for all of the money in the world for- disrupt the administration of Title I Mr. KILDEE. Mr. Chairman, I move ever. I am saying, I think these are two programs. to strike the requisite number of good ideas to address what might be Finally, Mr. Chairman, this bill words. the academic disaster we find in a would have a very discriminatory ef- Mr. Chairman, this amendment is school itself, or the academic and per- fect. Those students who get private contradictory to the underlying mis- sonal disaster we find in a child’s bat- school vouchers can receive up to $3,500 sion of H.R. 2. Very simply, this tered and beaten body. I am saying, in vouchers, which is substantially amendment would turn Title I into a give us $100 million, let it be available more than per pupil allocation for cur- private school voucher program. Obvi- to the governors, to the families for 5 rent Title I students who are in the ously, I belong to the grandfather cau- years and see if it works for the chil- public schools. cus, too. Here in this caucus, all of us dren. Five years from now, we can test So I urge my colleagues to reject this are seeking the best possible education the children and see if, in fact, they are amendment and I yield back the bal- for our children, especially those who succeeding in their new school or per- ance of my time. are in unsafe schools or are the victim

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.020 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10625 of a violent act or in a low-performing that come into it? Well, the only way ment. I stand here today as a father school. they can do that is by maintaining a and a businessman to explain why I be- However, taking precious Federal one-size-fits-all government monopoly lieve this amendment is a reasonable funding out of public schools and al- school system. The thing that fright- and necessary one to secure the future lowing it to go to private and parochial ens them to death, the scariest word in for every American child by giving schools will not solve the problems of the English language to the people in them an excellent education. our educational system. In fact, the this bureaucracy, to the anti-education As a father, I want my children to go Catholic conference and every major people who run organizations like the to a school in a safe, orderly learning educational group is opposed to National Education Association, the environment. I want them to be in a voucherizing Title I. scariest word to them is freedom, free- school which offers academic excel- H.R. 2 will focus on the achievement dom to let one’s kid go wherever one lence. Failure is not acceptable when it of individual children and at risk sub- wants to go, wherever that child should comes to the education of my children groups through this aggregation of be placed. Because they want the con- or any child in America. Unfortu- data on State assessments. In addition, trol over the dollars and over the envi- nately, some children in the United H.R. 2 strengthens both teacher quality ronment in which those children will States are trapped in schools which are by requiring a high qualified teacher in be taught. either plagued by violence or failing every classroom by 2003 and upgrading How can it be that those of us who them academically. In too many cases, the qualifications of paraprofessionals. ask for freedom for those parents are we are failing on both counts. This amendment will detract from considered to be doing something that Failure to educate Americans chil- this focus; and worse, by taking re- jeopardizes the educational quality of dren, whether it is the richest of the sources away from public schools, the schools? rich or the poorest of the poor, is unac- make it more difficult to implement It may, in fact, be, as a Member of ceptable. Unfortunately, too many these much needed reforms. the opposite side here said earlier, that children are trapped in low-performing This amendment will not achieve the one child leaving a school, why should schools, and too many parents are un- goal of increased student achievement, not we worry about all the others if it aware of the academic failure of their this amendment will make it harder is an unsafe school? Well, in fact, of neighborhood school. for schools and communities to course what we are saying here is that How do we provide these needy chil- produce students who can go on to suc- school may be a very good school for dren with the education they deserve? cessful careers and high paying jobs. the majority of children in it. Not How do we help them out of this trap? We should not and cannot pass this every child is affected the same way by We begin by informing parents, teach- amendment today. that learning environment. ers, local communities about the aca- Mr. TANCREDO. Mr. Chairman, I But if there is one there that is hav- demic performance and the safety of move to strike the requisite number of ing a horrible experience but is eco- their local school. words. nomically not able to make the same The Armey amendment would re- Mr. Chairman, I am willing to admit decision that my colleagues and I quire schools to notify parents that something today that I think needs to might be able to make for our own their child is in an academically failing be stated. It is something that is sel- kids, why should we not let the child or an unsafe school and provide them dom heard in this body, seldom heard go? What difference does it make to with the opportunity to transfer their in any other legislative arena, cer- say they should be set free? How come student to a nonfailing public school tainly never heard in State legisla- that so rankles us? or, if necessary, a private or parochial tures, and certainly never heard on It is peculiar to say in the least that school. school boards. But it is something I be- we get so concerned about this. It is lieve to be true, I believe to be true for not every child. We are not closing Some parents may make arrange- every one of us. That is, that we do not every school. My kid went to public ments to have their child attend an- know, not my colleagues, not I, no one schools. I taught in public schools. My other school in the area. Some will in this room, nor in the legislature, nor wife just retired from a public school want to keep their child in their neigh- in the school board, no one knows what after 27 years. It is not that I have any- borhood school. But they will demand the best education is for every child in thing against public schools. I believe change. They will want an excellent America. in them. I believe that, in any sort of education for their child. No longer We can hope, we can do what we can competitive environment, they will will low performance or academic fail- with whatever tools we have to provide win. They have got the best teachers. ure be hidden from parents or tolerated a good quality education for America’s They have got the best infrastructure. by parents. children. But we do not know what the But what we must do is give people As a father, this makes sense. As a best educational environment is for the ability to choose among them and businessman, it makes sense. Competi- every child. Only a parent is entrusted between them. To take that away from tion leads to improvement and better with that ability and responsibility. human beings is taking away an abso- choices. Some students will choose to Even they can make some wrong deci- lute right. It is an admission of some- go elsewhere to receive their education sions I know, but they will make better thing that we must all do. services. decisions about where their children We must admit, Mr. Chairman, peo- But what about the students left be- should go to school than I can or my ple on the Committee on Education hind? Do we intend to leave them in colleagues, frankly, or even members and the Workforce, we must admit to failing violent schools? Absolutely not. of school boards. our colleagues here and to the people of One of the elements in education im- That is why I am willing to relin- the United States that we do not know provement is parental involvement. quish this power, this authority and what the best education is for every Once parents know their neighborhood give it to parents. But it is also why single child out there. But we do trust school has been labeled as a low-per- this issue is so controversial, because, parents to help make that decision. forming school, they will demand frankly, my friends, the debate we have Maybe it will not always be right, but change. They will elect new school here today is not really about edu- it will be right more often than what board members. They will hire a new cation. It is about power. It is about we make the decision for them by forc- principal. They will make sure teach- who controls the power over the edu- ing them into a system that may not ers are trained. They will raise edu- cational system and the hundreds of work. I say forcing them because they cation expectations. Whatever it takes. millions of dollars, billions of dollars do not have the economic ability to Does this aid the low-income stu- that go into it and the thousands and make a choice. dents that this bill is designed to help? thousands of people employed in there. Mr. DEMINT. Mr. Chairman, I move Absolutely. It provides both the short- That is what the real issue is today, to strike the requisite number of term and long-term solution to secure who will control it. words. the future for every American child How can the education establishment Mr. Chairman, I rise in support of the with an excellent education in a safe keep control of the billions of dollars Armey safe and sound schools amend- learning environment.

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.030 pfrm02 PsN: H21PT1 H10626 CONGRESSIONAL RECORD — HOUSE October 21, 1999 I urge all of my colleagues to support Recently, the Washington, D.C. can choose a better opportunity for the Armey safe and sound schools school system offered scholarships to their children, safe and sound. That is amendment. the poorest individuals, the poorest what this is all about. Beside me on the left is a quote from b 1130 families. Now, we are blessed. We can send our children to any school we our President in which he says, ‘‘Par- Mr. FOSSELLA. Mr. Chairman, I want. But the poorest families, when ents should be given more choice.’’ He move to strike the requisite number of given the chance, one in six chose to stood in this room before this body not words, and I rise in support of the take their child out of a failing public long ago and said this; and we agree, Armey amendment. I wish to com- school. I say ‘‘bravo’’ to that parent, and we are working hard to help pro- pliment the majority leader for being because this issue is about civil rights. vide those choices for parents that will such a vocal and forceful advocate for This is the movement we should be em- help those children succeed. improving education for all children barking upon. Just last week I was in Fayetteville, across the United States. I think we can work together to en- North Carolina, in the 8th District, and Let me just say a couple of things sure that our public schools are im- there was a school where choice was that I believe are important for the proved and that we give the best to our given. Over 1,800 applicants for 600 record. I believe everybody in this body teachers and reward them for their spaces. Discipline, respect, uniforms. In believes that we need to improve edu- hard work, but, at the same time, un- other words, a different way to give cation. Indeed, education should be a children and teachers the academic en- national issue. I know we have some derstand and recognize that there are millions of parents across this country, vironment in which they could learn. wonderful teachers within the private This choice has created an oppor- and parochial schools, and especially in that have no choice, that are trapped in these failing schools, that when they tunity, an enthusiasm, a momentum, the public schools. I know that because an energy that was exciting to see. It I go to the school back home in Staten send their child off to school they do not know if they are going to come shows what can be done in public Island and Brooklyn any chance I get. schools if we dare to be different, if we And they are wonderful. home with a black eye or get in a fight with some kids in schools. Nine-year- dare to move ourselves out of the trap I also believe that every Member of created many times by the Federal this body is committed to enhancing olds attacking teachers. That is the en- vironment some of these kids are Government in the past. academic achievement for our children, So, yes, I support this amendment. I learning in. And it is in the Bronx, and to ensure that our children get the best would encourage everyone here to sup- it is on Staten Island, and it is in Indi- education possible. We recognize that port the opportunity for parents to do ana, and it is in Texas, and it is in Cali- when we invest in education what we the best for their children. Support the fornia. essentially are investing in is our fu- Armey amendment. If we believe that this country is ture and building upon what is the Mr. HILL of Montana. Mr. Chairman, truly about freedom, and we have the greatest country in the history of the I move to strike the requisite number world. freedom to go to any restaurant we of words. But what the gentleman from Texas want, to buy any car we want, but we Mr. Chairman, I want to first thank (Mr. ARMEY) is seeking to do is to help do not have the opportunity to have the majority leader for bringing this what some in this body and some the freedom to send our child to the measure and this amendment to the across the country believe are the help- school of our choice, then we are de- floor, and I also want to thank our less, the young children who are priving the most essential basic right, leadership in the Committee on Rules trapped, and this has been said so and we are depriving those poor and for making this amendment in order. many times today, trapped in failing helpless parents of a legitimate civil Mr. Chairman, all over America this schools. And what is this all about? We right. morning parents sent their children off want to help those who are deprived of I want to remind all my colleagues to school, and they did so with two the opportunity and who have limited that this is a pilot program. If we fear basic expectations: first, that their freedom, those who are forced to send this, we fear everything. children would be safe; and the second their children to these failing public Mr. HAYES. Mr. Chairman, I move to expectation is that while their children schools. strike the requisite number of words, were at that school, they would be in I would ask my colleagues to go and I rise in very strong support of the an environment where they could learn home to their districts and ask the par- amendment of the gentleman from basic skills, math and science and his- ent who does not have two nickels to Texas (Mr. ARMEY), the majority lead- tory and English, basic skills that rub together, ask that mother or father er. would allow them to succeed in life. if, given the chance, they would want Mr. Chairman, the gentleman from The reality is, Mr. Chairman, that all to take their child out of a failing pub- New York (Mr. FOSSELLA) and I have over America today there are certain lic school and send that child to a bet- slightly different accents, but we have schools that cannot deliver on these ter one. Is there not a more important the same understanding of the effort basic set of expectations. They cannot decision that we make as parents than here to secure the future for America’s provide a safe environment, and they where to send our kids to school? I can children, and that is what this amend- cannot provide a quality learning envi- tell my colleagues in New York City, ment does. That is what this amend- ronment. and I am sure it is true across the ment is all about. Now, governors all over America country, that those helpless parents My friends on the left would erect an have been working hard to reform edu- really have no choice. invisible shield and call it protective. cation, and one of the things these gov- Recently, reports tell us that attacks This is not protective, it is destructive, ernors tell us is that in many instances from children and students against to take the opportunity from parents the Federal Government is an obstacle teachers are up dramatically. How does to choose for their children. The Fed- to reform rather than a partner in that a child learn, how does an innocent eral Government has the opportunity reform. Many of the aspects of the bill child, whose parents want nothing but here to accelerate and enhance learn- that we are debating here today is to the best for him, learn in an environ- ing in public school, not continue to be provide for flexibility and more cre- ment where attacks against teachers a massive roadblock for learning. ativity in bringing reform to edu- are up dramatically? It is not as if that There are those who would unfairly cation. This amendment is an exten- parent has a choice. They do not. Ask and incorrectly mischaracterize the sion of those reforms. It will be part of that parent and look at the look in Armey amendment. I even heard the the effort in some States, not all, to their eyes when you tell them that we term voucherize used. This is untrue. bring real meaningful reform to their are going to give them the opportunity The amendment gives hope to parents education system. to send their child to a good school and and children, especially disadvantaged Now, Mr. Chairman, I am fortunate see that their child gets a good edu- children; hope by knowing that they to represent a State that has really cation. I think many of my colleagues are not trapped in a school where they good schools. Montana students fare might be surprised at the response, but will not learn the skills that they need very well on national tests and meet- some of us are not. to succeed in life; hope because they ing standards, but there are many

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.023 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10627 States where education emergencies dren to receive this opportunity? One This is incredible. We spend $324.3 bil- truly exist. Schools absolutely cannot and a quarter million. 1,250,000 fami- lion in all public expenditures to edu- provide the basics, a safe and sound en- lies. Let me repeat. For just 40,000 cate our babies. I am so proud of that. vironment in school. So this amend- scholarships, 1.25 million people, many In addition to that, we spend 27 billion ment basically does this. It says that a were minorities, many families from additional dollars through private edu- governor who believes that an edu- 20,000 different communities in all 50 cational facilities to educate those cation disaster exists can declare that States sought this opportunity to get children. That is $351.3 billion that we disaster and then provide grants to the their children out of failing and unsafe spend for those babies. I am so proud of parents of children to take their chil- schools. that. dren out of a school that is failing to Rich or poor, Americans want the Now, what have I said here? For the provide those basics and put them into best education possible for their chil- most part, we are doing well and we a safe and a sound one. dren. The Army amendment puts par- should be proud. But sometimes we do Now, if a hurricane disaster exists, ents back in the driver’s seat for their not. Sometimes we do not. and that is not likely to happen in my children’s education. We have 15,000 schools year in and State, but when it does happen, a gov- Now, I know monopolies do not like year out that are designated as fail- ernor can declare a disaster. He can act competition. Some of the powers that ures. What is the number? One hundred to protect the citizens. If a fire dis- be are threatened by reform. They are of which have been on that list for 10 aster, or a flood disaster, or a drought afraid that they will lose control of straight years or more, 100 schools 10 disaster exists, a governor can declare their power. But this is reform that years or more that have been des- a disaster and he can act. Why in the works. So for the sake of our children, ignated by their governors, have been world would we not give governors the for the sake of our Nation’s kids, I urge designated by the Department of Edu- same kind of authority to declare an my colleagues to support the Armey cation abject disasters, crazy failures. academic disaster? Governors need amendment. Think of those poor babies trapped in every tool in the tool box that they can Mr. GOODLING. Mr. Chairman, I these schools. I have seen some of move to strike the requisite number of get to reform education. They need the those schools. I have seen some of words. tools that are appropriate to the condi- those children. I have to tell my col- Mr. ARMEY. Mr. Chairman, will the tion and the problem that they are fac- leagues, I am proud to tell my col- gentleman yield? leagues I have been helpful in getting ing. Mr. GOODLING. I yield to the gen- some of those children the resources to I believe it is time for Congress to tleman from Texas. make a simple declaration about edu- Mr. ARMEY. Mr. Chairman, I thank move. I have seen the difference in cation, and that declaration should be the gentleman for yielding to me, and their lives, and I have seen them happy this: that it is about kids and kids I want to thank everybody who spoke and claiming math is their favorite first. Nothing else should really matter on behalf of this amendment. subject in a private school where they but the kids. This amendment says I had asked one of the staff to get me felt safe and loved. that kids are more important than the a number. I do not have that number, Most of these children are happy and teachers’ union; it says kids are more but maybe I will get it. Until then, let safe when they go to school, no threat, important than institutional struc- me just take a wild guess or ask the no danger, no harm; and I am proud of tures. question: How many billions of dollars that. Some children are beaten in I would urge my colleagues to sup- do we spend each year in this great school. Some children are stabbed in port our kids and support this amend- land to educate our children grades, K school. That is not acceptable. ment. Put them first. through 12? Together with our local Now, of that total $351 billion that Mr. PITTS. Mr. Chairman, I move to taxes, and our State funding agencies, this great Nation spends, $13.8 billion strike the requisite number of words. as well as through the Federal Govern- comes from this Congress, this budget, Mr. Chairman, I rise today in strong ment, we put it all together and we re- this Government, $13.8 billion. One support of the amendment of my good alize this must be some incredibly hundred chronically failed schools 10 friend, the majority leader, to H.R. 2; large number. What would my col- years or more. Who knows where or and I applaud his efforts to ensure that leagues suppose that number is, $100 how many badly beaten babies. I ask my colleagues, with this all children are given the opportunity billion a year that we spend to educate amendment, out of $13.8 billion, are to attend safe and sound schools. Our our little ones, K through 12? children should never be trapped in they telling me we cannot find $100 failing schools. Our children should not b 1145 million to spread across this land for fear for their safety when they walk Would we not agree that, for the that school that is a disaster for all its through the halls or into their class- most part, across this great land we children or for that child that came rooms. Parents must be given the abil- are doing a pretty good job? The kids home beaten, battered, bloodied, bro- ity to protect their children and to pro- have pretty good schools. The kids are ken, and scared to death? If they have vide a good education for them. happy. The kids are learning well. The got the heart to vote against that, woe Those who oppose the Armey amend- kids are pretty safe. And we are proud be to their grandchildren. ment oppose giving kids and parents a of that. Mr. WELDON of Florida. Mr. Chairman, way out of failing schools and a way to I have to tell my colleagues and I do today I rise in strong support of Mr. ARMEY's educational success. Opponents believe not mind telling my colleagues that I amendment to H.R. 2, The Student Results in the status quo and in forcing dis- believe that, for all the criticism, all Act. This ``Safe and Sound Schools Amend- advantaged children to remain in the failure, all the heartbreak, this ment'' to Title I of ESEA is designed to help schools that are failing them. great Nation does put its children up children whose schools fail to teach and pro- When well-to-do students are strug- front. This great Nation, I believe, is as tect them while in their care. This amendment gling in school, what do their parents good as any in the effort we make to could not have come at a better time. Many of do? Generally, they send them to an- educate our children, certainly in our nation's public schools are in a state of other school. Why? Because they have terms of the money we spend. emergency. Thousands of children are trapped the money to do so. Do my colleagues I believe the young lady has the num- in failing schools, and we need to provide think that low-income parents would ber. Mr. Chairman, if the staffer has them with a way out to gain a better edu- not like to have this same option? that number I was seeking, I would cation. Unfortunately, many of the children that They certainly want what is best for just like to look at that for a moment are trapped in these failing public schools are their children. if she does not mind just bringing it to from lower income families. We need to pro- The most recent example of this me. It is all right. This is a well-known vide our children with the opportunity to came this year when the Children’s fact in this town that staff researches choose another public or private school that is Scholarship Fund was offering 40,000 and gives us everything we pretend to excelling and will provide them with the best scholarships, K through 12, to low-in- know. It is not new. But I have the an- education possible. We can not sit back and come families. How many people do my swer. I thank her again, and I certainly keep our students in schools that are not colleagues think applied for their chil- do appreciate her helping me out. working.

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 9920 E:\CR\FM\K21OC7.025 pfrm02 PsN: H21PT1 H10628 CONGRESSIONAL RECORD — HOUSE October 21, 1999 The district I represent, the 15th district in [Roll No. 521] Johnson (CT) Minge Saxton Johnson, E. B. Mink Schakowsky Florida, has unfortunately been in the pathway AYES—166 Jones (OH) Moakley Scott of the many hurricanes that have been sweep- Aderholt Gibbons Pryce (OH) Kanjorski Mollohan Serrano ing up Florida lately. When natural disasters of Archer Gilchrest Radanovich Kaptur Moore Sherman this kind happen, the federal government does Armey Gillmor Reynolds Kelly Moran (KS) Shimkus Kennedy Moran (VA) Shows not hesitate to send relief funds to the victims. Bachus Goss Riley Baker Granger Rogan Kildee Morella Simpson This is a necessary and right practice. Ballenger Green (WI) Rogers Kilpatrick Murtha Sisisky In turn, it is also necessary to provide relief Barr Gutknecht Rohrabacher Kind (WI) Nadler Skelton Kleczka Napolitano Slaughter to our future, our nation's children, when they Bartlett Hall (TX) Ros-Lehtinen Barton Hansen Royce Klink Neal Smith (WA) are trapped in failing schoolsÐwhen they are Bass Hastings (WA) Ryan (WI) Kucinich Ney Snyder victims of an academic emergency. The Safe Bateman Hayes Ryun (KS) Kuykendall Oberstar Spratt and Sound Schools amendment establishes a Bliley Hayworth Salmon LaFalce Obey Stabenow Boehner Hefley Sanford LaHood Olver Stark well needed 5-year pilot program designed to Bonilla Herger Schaffer Lampson Ortiz Stenholm create a national school choice option for ele- Bono Hill (MT) Sensenbrenner Lantos Owens Strickland mentary school children, grades 1±5, that are Brady (TX) Hilleary Sessions Larson Pallone Stupak LaTourette Pascrell Tanner trapped in these failing schools. It is morally Bryant Hoekstra Shadegg Buyer Hunter Shaw Leach Pastor Tauscher wrong to force them to stay in failing schools Callahan Hyde Shays Lee Paul Thompson (CA) in the hope that one day these schools might Calvert Istook Sherwood Levin Payne Thompson (MS) improve. Eligible students, in schools that are Campbell Jenkins Shuster Lewis (CA) Pease Thune Canady Kasich Skeen Lewis (GA) Pelosi Thurman ``academic emergencies'' could apply for Cannon King (NY) Smith (MI) LoBiondo Peterson (MN) Tierney $3,500 in relief funds that will help defray the Chabot Kingston Smith (NJ) Lofgren Phelps Towns costs of attending any qualified public, private, Chambliss Knollenberg Smith (TX) Lowey Pickett Traficant Luther Pomeroy Turner or parochial school in their area. Coble Kolbe Souder Coburn Largent Spence Maloney (CT) Porter Udall (CO) The investment in our children is the best Collins Latham Stearns Maloney (NY) Price (NC) Udall (NM) investment we can make. There is no need to Combest Lazio Stump Markey Quinn Velazquez keep our children in failing schools that are Cook Lewis (KY) Sununu Martinez Rahall Vento Cooksey Linder Sweeney Mascara Ramstad Visclosky not providing them with a good education. Cox Lipinski Talent Matsui Rangel Walden This is a great pilot program that will benefit Crane Lucas (OK) Tancredo McDermott Regula Waters everyone, students, parents, and the future of Cubin Manzullo Tauzin McGovern Reyes Watt (NC) McHugh Rivers Waxman our country. Cunningham McCollum Taylor (MS) Deal McCrery Taylor (NC) McIntyre Rodriguez Weiner Mr. BALLENGER. Mr. Chairman, I rise in DeLay McInnis Terry McKinney Roemer Wexler strong support of the Armey amendment. As a DeMint McIntosh Thomas McNulty Rothman Weygand colleague of mine from across the aisle stated Diaz-Balart McKeon Thornberry Meehan Roukema Whitfield Dickey Metcalf Tiahrt Meek (FL) Roybal-Allard Wise last night, ``we must provide opportunity early Doolittle Mica Toomey Meeks (NY) Rush Woolsey and often to the youth of America.'' I agree Dreier Miller, Gary Upton Menendez Sabo Wu with my colleague and that is why I support Duncan Myrick Vitter Millender- Sanchez Wynn McDonald Sanders Young (FL) this amendment. Dunn Nethercutt Walsh Ehlers Northup Wamp Miller (FL) Sandlin Many students who attend schools receiving Ehrlich Norwood Watkins Miller, George Sawyer Title I funding have been failed by our edu- Everett Nussle Watts (OK) NOT VOTING—10 cation system time and time again. Let us give Ewing Ose Weldon (FL) Fletcher Oxley Weldon (PA) Burton Johnson, Sam McCarthy (NY) them opportunities early and often to receive Foley Packard Weller Camp Jones (NC) Scarborough a better education and prepare for a better Fossella Peterson (PA) Wicker Isakson Lucas (KY) life. The Armey amendment simply establishes Fowler Petri Wilson Jefferson McCarthy (MO) an optional nationwide pilot program that pro- Franks (NJ) Pickering Wolf Frelinghuysen Pitts Young (AK) vides relief for students who attend a Title I Gallegly Pombo b 1211 school that is designated as ``failing'' or ``un- Gekas Portman So the amendment was rejected. safe'' and allows them to receive up to $3,500 NOES—257 The result of the vote was announced in scholarship to attend a public, private or pa- as above recorded. rochial school in their state. Abercrombie Chenoweth-Hage Ford Ackerman Clay Frank (MA) Stated for: As school violence continues to escalate Allen Clayton Frost Mr. BURTON of Indiana. Mr. Chairman, dur- and hamper the education of the American Andrews Clement Ganske ing rollcall vote 521, I was unavoidably de- youth, let us take the power out of the violent Baird Clyburn Gejdenson Baldacci Condit Gephardt tained and unable to be on the House floor offender's hands and place it in the hands of Baldwin Conyers Gilman during that time. Had I been here I would have the students and parents. Children have the Barcia Costello Gonzalez voted ``yea.'' right to feel safe and parents should have the Barrett (NE) Coyne Goode Barrett (WI) Cramer Goodlatte Mr. SAM JOHNSON of Texas. Mr. Chair- right to choose the education of their children. Becerra Crowley Goodling man, on rollcall No. 521, I was inadvertently Mr. Chairman, Title I has failed these stu- Bentsen Cummings Gordon detained. Had I been present, I would have dents. Let us not fail these children again. Bereuter Danner Graham voted ``yes.'' Give students who attend Title I schools that Berkley Davis (FL) Green (TX) Berman Davis (IL) Greenwood (By unanimous consent, Mr. ROGERS are deemed ``failing'' or ``unsafe'' by their state Berry Davis (VA) Gutierrez was allowed to speak out of order.) Biggert DeFazio Hall (OH) the opportunity to grow and learn in a safe, RECOGNIZING REIGNING MISS AMERICA, successful environment. I urge my colleagues Bilbray DeGette Hastings (FL) Bilirakis Delahunt Hill (IN) HEATHER FRENCH OF KENTUCKY to support the Armey amendment. Bishop DeLauro Hilliard Mr. ROGERS. Mr. Chairman, Ken- The CHAIRMAN pro tempore (Mr. Blagojevich Deutsch Hinchey tucky has been extremely highly hon- THORNBERRY). The question is on the Blumenauer Dicks Hinojosa ored 2 weeks ago when the former Miss amendment offered by the gentleman Blunt Dingell Hobson Boehlert Dixon Hoeffel Kentucky was named Miss America. from Texas (Mr. ARMEY). Bonior Doggett Holden That is the first time in the history of The question was taken; and the Borski Dooley Holt the contest that a former Miss Ken- Chairman pro tempore announced that Boswell Doyle Hooley Boucher Edwards Horn tucky has received that high distinc- the ayes appeared to have it. Boyd Emerson Hostettler tion. We have with us on the premises RECORDED VOTE Brady (PA) Engel Houghton today that lovely lady, Heather Mr. CLAY. Mr. Chairman, I demand a Brown (FL) English Hoyer Brown (OH) Eshoo Hulshof French, Miss America. recorded vote. Burr Etheridge Hutchinson If I could refer to the gallery, I would A recorded vote was ordered. Capps Evans Inslee refer the Members to the gallery to my The vote was taken by electronic de- Capuano Farr Jackson (IL) right where Miss America is with us in Cardin Fattah Jackson-Lee vice, and there were—ayes 166, noes 257, Carson Filner (TX) this great body. Heather French has not voting 10, as follows: Castle Forbes John brought great distinction to our State

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.009 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10629 and to this great contest and we are ex- because the performance of all students go down to 25 percent. I opposed the 25 cited that Miss America is Miss Ken- in such schools tend to suffer. Further, percent and went back to the agree- tucky. schools with high percentages of lower- ment we had before we ever began the ANNOUNCEMENT BY THE CHAIRMAN PRO income students receive significantly markup. TEMPORE large Title I grants, grants that can Now I also want to mention that I did The CHAIRMAN pro tempore (Mr. make an impact on a schoolwide level. something that no other Chair would LATHAM). The gentleman is aware that Regardless of these facts, the bill be- have ever done and did not have to do. he cannot refer to a person in the gal- fore us calls for yet another reduction We had two votes. We voted once, and lery. in the poverty threshold for schoolwide then when one or two gentlemen re- AMENDMENT NO. 38 OFFERED BY MR. PAYNE program eligibility, reversing sort of a turned, they were upset. I allowed a Mr. PAYNE. Mr. Chairman, I offer an reverse Robin Hood, taking from the second vote, a rollcall vote. So I want amendment. poor to give to those who are more for- to make sure everybody understands, The CHAIRMAN. The Clerk will des- tunate. My amendment stops this un- and that would not happen, I do not be- ignate the amendment. necessary unfair reduction and calls for lieve, in any other committee. The text of the amendment is as fol- the retention of the 50 percent poverty What we have found, as I tried to lows: threshold. mention over and over and over again, Amendment No. 38 offered by Mr. PAYNE: Opponents of this amendment may the program has failed and failed and Strike title VIII of the bill. claim that lowering the poverty failed and failed and failed, and it is to- (Mr. PAYNE asked and was given threshold will give schools more flexi- tally unfair to these youngsters; and it permission to revise and extend his re- bility in establishing schoolwide pro- is critical to the Nation that they do marks.) grams. However, given the comprehen- not continue to fail; and so what we sive nature of schoolwide programs, it b have discovered is that the schoolwide 1215 is our responsibility to ensure that we programs are doing much better than Mr. PAYNE. By way of background, meet the needs of the poorest schools many of the other programs in raising Mr. Chairman, I want to state that just which, in turn, have the lowest levels the academic achievement of all stu- 2 weeks ago my amendment to retain of schoolwide achievement. Research dents. They testified from Maryland, Title I statewide programs at a 50 per- shows that the 50 percent poverty they testified from Texas; they have cent poverty threshold was approved threshold should be retained because statistics to show the accomplishments with bipartisan support by the Com- that is the level where we begin to see they have made for all children. mittee on Education and the Workforce negative effects on the entire school So we agreed, as I said, that we would during our Title I markup. Unfortu- population. School poverty levels move from 50 to 40. We defeated going nately, through legislative maneu- below 50 percent have much smaller down to 25 percent; we defeated going vering, this amendment was overridden impact on the achievement of the en- back up to 50 percent. by members of the committee while we tire school population. So it would be my hope that now that were returning from a recessed meeting For example, nonpoor students in it is working and now that we are see- and I was out of the room, and a new schools between 35 and 50 percent pov- ing some success for the most needy title created by lowering again the erty have about the same reading children in the country, we stop this threshold from 50 percent to 40 percent. achievement level as schools falling be- business that I heard for 20 years, we This action was a major setback. tween 20 and 35 percent poverty. There- got to be sure exactly where the penny This move created a new title that fore, setting the poverty threshold at goes. It does not matter whether it lowered the threshold to 40 percent. any level below 50 percent would be in- does not do any good; it does not mat- This action was a major setback in the sufficient and arbitrary. ter if it tracks these kids forever. fight to provide each of our school- This program began in 1965 with the Now we find some programs that children with a fair and comprehensive War on Poverty, and at that time the work. Why are we not willing to try to education, and my amendment will threshold was 75 percent poverty level. give every child that opportunity to rectify that. It calls to strike the last In reauthorization 5 years ago, we then succeed? provision in the bill that lowers the saw the poverty level drop from 75 per- So I would hope that we vote down poverty threshold for schoolwide pro- cent to 50 percent. Now we have seen this amendment, and I should indicate grams to 40 percent. this amendment come in to reduce the that we will be rolling all votes until What that simply means is that, as poverty threshold from 50 percent to 40 the end of this legislation today. my colleagues know, Title I funds are percent, and many in our committee So again, we realize that it is suc- designated by the number of poverty feel that there should be a 25 percent ceeding by using a schoolwide model, students in the school district. The 40 threshold, which of course will eventu- so let us not try to stop something that percent threshold means that 60 per- ally eliminate the program of its nat- is succeeding to help the most needy cent of the students in that school do ural intent. children in this country. not have to qualify as poverty and, Title I began as a critical portion of Mr. KILDEE. Mr. Chairman, I move therefore, robbing schools with high the 1965 War on Poverty to help our Na- to strike the last word. number of poverty students from the tion’s most disadvantaged students. Mr. Chairman, we need to understand scarce resources to go around. Let us pass this amendment to ensure the gentleman from New Jersey’s in- Although this year’s bipartisan effort that our most disadvantaged students tention with this amendment; we need to re-authorize Title I addressed many in schools do, in fact, benefit from this to examine the history of the of the causal factors of the educational crucial piece of legislation. schoolwide percentage in Title I. gap, and as a former teacher in a Title Our Nation is one Nation indivisible Prior to the 1994 reauthorization of I school, I fear that certain portions of under God, and we should try to pro- ESEA, the schoolwide percentage was this bill will work to actually widen vide opportunity for all of us to meet 75 percent. In other words, prior to the gap even further. the new challenges of the new millen- 1994, 75 percent or more of the children Current law states that in order for a nium. in our schools were poor; we could op- school to be eligible for schoolwide pro- Mr. GOODLING. Mr. Chairman, I rise erate a schoolwide program where we grams the school must have 50 percent in opposition to the amendment. First can combine Federal, State and local of its student population come from of all, I want to clarify a few things funds to do whole-school reform. The poor families. Schoolwide programs are that were mentioned here. 1994 reauthorization lowered this to 50 programs that may be provided to the We have an agreement. The agree- percent. This bill lowers this percent- entire student population of a school, ment was the 40 to 50, moving from 50 age to 40 percent, and the amendment not just the most financially or educa- to 40. That was the agreement that was offered by the gentleman from New tionally disadvantaged. set up during all the negotiations; both Jersey (Mr. PAYNE) would return that Traditionally these schoolwide pro- sides agreed to that. to 50 percent. grams have been targeted to schools We had on our side an amendment, I believe it is important to also real- with higher concentrations of poverty and we could have easily passed it, to ize that the prevailing research in this

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.035 pfrm02 PsN: H21PT1 H10630 CONGRESSIONAL RECORD — HOUSE October 21, 1999 area states that when a half of a The fundamental issue is that the This is something, by the way, that school’s population is poor, the entire distribution of funds is based upon a was agreed to by many members of the school educational achievement is im- head count of the number of low-in- committee who are ranking members, pacted. Below that level research come children in a particular area, and who sat down and worked this out, and shows that the impact is lessened. If if we are going to put the moneys there among staff members, because we research says that we should maintain on the basis of a head count of low-in- thought it was so important. the 50 percent threshold, we should come children, then these children But why is it important? That is pass the Payne amendment today. need to be served. We cannot take the what I think we are missing. Does Mr. Chairman, I yield to the gen- money that is allocated by this head schoolwide work or not? What is tleman from Indiana (Mr. ROEMER). count and distribute it to other schoolwide? Schoolwide is essentially Mr. ROEMER. Mr. Chairman, I want schools. when a school which may have 40 per- to associate my comments with the There is no question that every cent or 50 percent, whatever the num- gentleman from Michigan (Mr. KILDEE) school needs help in America, but this ber may be, who have kids who are eco- and show my strong support for a very legislation is geared to the low-income, nomically disadvantaged and at the important amendment on today’s legis- disadvantaged communities; and that poverty threshold going to their par- lation, the amendment offered by the is where it should stay, and I think ticular school; and then they then put gentleman from New Jersey (Mr. that the 50 percent cut off is a legiti- together programs that will lift the en- PAYNE). mate cut off. It allows for schoolwide tire school so that everybody will ben- The genesis of this act, the purpose reform where 50 percent of the children efit from it, but particularly aimed at of this act, the priority of this act in are in an economically disadvantaged trying to help that 40 percent or 50 per- 1965 was to try to focus and target category. Then all of the students in cent or whatever it may be. money to the poorest and neediest and that particular enrolled school could This is opposed to having special pro- most at-risk children in America be- benefit. But to lower it, I think, is to grams for those who may be education- cause the States were not adequately really destroy the essence of targeting ally disadvantaged as determined by fulfilling that role. The Federal Gov- this money to the children, and that is schools in which people are economi- ernment did it. We need to continue to how the money gets to the local school cally disadvantaged. It is my judg- focus the money there and not dilute districts, by a head count. ment, based on the small evidence that those funds to students in need with a So let us not dilute the fundamental we have seen so far, the schoolwide bill that is doing some innovative new purpose of this legislation by taking programs are working. The chairman things in a bipartisan way. the money away from these children of the committee, the gentleman from So I encourage in a bipartisan way and scattering it to other areas. Pennsylvania (Mr. GOODLING) has al- for us to improve the bill further and b 1230 ready cited two examples of that, both support the gentleman from New Jer- Mr. CASTLE. Mr. Chairman, I move in Maryland and Texas, which really sey’s amendment. took Ed-Flex very seriously when we Mr. KILDEE. Mr. Chairman, I yield to strike the requisite number of words. gave them that opportunity and came to the gentleman from New Jersey (Mr. forward and they put together NDREWS). Mr. Chairman, I appreciate the op- A schoolwide programs. Others have done Mr. ANDREWS. Mr. Chairman, I rise portunity to speak on this amendment. it too by going through the Secretary in strong support of the Payne amend- Let me just start by saying that I re- of Education, and they seem to have ment. spect greatly all of those who have spo- worked. Test scores have gone up. In a I want to commend the gentleman ken on this particular amendment, and very data-based way, test scores have from Pennsylvania (Mr. GOODLING) and particularly the gentleman from New actually gone up in those schools thank him for leading the fight to keep Jersey (Mr. PAYNE), the sponsor of this which are doing it that way. this from being rolled all the way back amendment. I have debated this issue to 25 percent, and I admire his leader- with them as well as others in the They are also becoming very popular ship on that; but I think it is very im- Committee on Education and the with principals and teachers. Accord- portant we keep this as 50 percent. I Workforce, and I understand the sin- ing to the national assessment of Title think it is very important that we say cerity of their beliefs in this. I, the number of schools which are im- that a program that is designed to Mr. Chairman, I believe that there is plementing schoolwide programs has reach out and help economically dis- some reasoning here that we need to more than tripled from 5,000 to 16,000 advantaged children will stay that discuss in terms of how we are really since 1995. Usually when programs way, and I think if fewer than half the helping kids. I am not one of those that grow, when there is a choice and pro- children in a school fit that economi- is going to stand here and say that grams grow, there is an indication that cally disadvantaged category, but we Title I has failed all together. God only those who are dealing with the pro- permit the expenditure of Title I funds knows where some of these students grams, the educators, are making a dif- anyway in whole school reform, that might be if it was not for Title I. On ference. we are marching toward Federal edu- the other hand, I do not think that This does not dilute the amount of cation revenue sharing, which is really many people in this room can stand up dollars that would go to a school, it is not something I think we want to do. and say that Title I has been a rip- just a question of how the dollars are The underlying purpose of this act is roaring success either. That is not de- going to be utilized when they get to to use targeted resources for children monstrable one way or another. I be- that school. I think that is important who most need it, for children who lieve we should continue Title I. I be- to understand as well in terms of deal- have the least out of State and local lieve we should try to improve Title I. ing with the program of schoolwide resources. I think that the Payne I think this is an excellent piece of leg- versus the individual instruction, amendment is crucial toward estab- islation. We worked on it together, and which has taken place before. lishing that goal; I enthusiastically I think that is fine. So for all of these reasons I am support it. But this particular point that we are strongly supportive of keeping the pov- Mr. KILDEE. Mr. Chairman, I yield debating right now I think is vitally erty threshold at 40 percent which will, to the gentlewoman from Hawaii (Mrs. important to the whole future of Title frankly, enable more schools, if they MINK). I and where we are going on this. I do wish to operate schoolwide programs. Mrs. MINK of Hawaii. Mr. Chairman, not think we should reinstate the 50 It gives principals flexibility and it is, I think this is a very, very important percent school poverty threshold. I to me, proving to be beneficial. Those amendment. It goes to the principle think it should go to 40 percent. One are the reasons that I stand forth and that we are establishing by enacting could argue it could go to 43 percent or argue that we should do this. I would this legislation to help children in low- whatever. If it went down to 25 percent, hope that we would all look at this, income circumstances who are dis- I would be up here opposing it or even and I hope frankly this amendment advantaged in many ways in their edu- 30 percent; but just as I support trying will be defeated, but ultimately I think cational experience. to keep it at the 40 percent level. we all have the same aim and that is to

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.041 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10631 educate all of our children, particu- that more government assistance for deed many of the school districts, not larly those in poverty as well as we education is their highest priority. In just schools, school districts, have 40 possibly can. response to this overwhelming concern percent poverty. So when we then shift I happen to think that leaving the for the improvement of education, that to the more affluent school dis- level at 40 percent is the way to do Title I is presently our only really sig- tricts in my State, we have really de- that, and I hope that I am right, and I nificant program. But instead of pro- nied that district as a whole, not just hope that we are able to defeat the viding leadership to increase the fund- the school, to have an opportunity. amendment and eventually we will im- ing of Title I and increase the scope of So I want to support this amendment prove the course of our students. Title I so that we can get more chil- and tell my colleagues that we need to I yield to the gentleman from Penn- dren in, we are going to follow the find a way not necessarily to defeat the sylvania (Mr. GOODLING). leadership of the Republican majority; issue of raising all kids up, but we do Mr. GOODLING. Mr. Chairman, I just we are going to seize funds from the not do it at the expense of the poorest want to indicate that teachers always poorest youngsters and spread it out to of the poor, and that is, indeed, what came to me and said in social studies the more fortunate ones in the other the effect of this would be, whether we class, be sure to homogeneously group schools. intend that or not. We would end up these kids. Can my colleagues imagine Why do we not have an increase of making sure those who are failing will homogeneously grouping children in funding and let all of the new money be be sure to fail. Not that Title I is per- social studies. So those who never hear divided between these new schools that fect. We need to improve it, but this is anything but nothing at home, if there will be qualified under the 40 percent? not the way to do it. is a dinner table, hear nothing in Why do we not respond to the public Mr. SOUDER. Mr. Chairman, I move school, because they are all grouped to- concern that we need to do more for to strike the requisite number of gether. education, not less? words. I apologize for my voice. I will Children learn from other children We are not going to do more by tak- do the best I can. I have been involved probably more than they learn, as a ing what we have already and spread- in this issue, and I want to participate matter of fact, from the teacher in that ing it out. Marie Antoinette said, if the in the debate today. classroom. I certainly think that we people have no bread, let them eat I would like to clarify a few state- should give something that is success- cake. What we are saying is that the ments that are going around and add ful an opportunity to continue to suc- loaf of bread is too small, but instead some additional comments. One is this ceed and save some of these children of getting more bread, we want to di- is not a spending bill, it is an author- that we are losing everyday. vide the loaf up into crumbs and dis- izing bill. This is a bill that sets policy. Mr. CASTLE. Mr. Chairman, reclaim- tribute the crumbs more widely. To Secondly, inside that policy, we are ing my time, I would just like to say, distribute the crumbs more widely may not moving dollars between school dis- I do not like opposing an amendment get a lot of political pluses because one tricts. This is a question of how the sponsored by people who I think are can go back and say to their constitu- school district moves the dollars with- genuinely interested in education and ents that they had no Title I funds be- in a school and who is included in a children. But I think in this case, the fore, but look now, we are doing some- given program. It is not moving from intent of what is in the legislation is thing about education. We brought you low-income districts to high-income right and is the direction to go. some funds that you did not have be- districts; this is not driving money to Mr. OWENS. Mr. Chairman, I move fore. But we took them from some the State. This affects formulas and to strike the requisite number of other place. We took them from the what percentage of the students are words. I would like to speak in support poorest, and we spread it out. The covered within this program inside a of the Payne amendment. original law was designed to help the school and inside that district. Mr. Chairman, we have heard a num- poorest. Thirdly, I am very concerned about ber of pedagogical considerations here That, I do not think, is a way to pro- bipartisanship. We have talked about which are interesting, but they avoid ceed in response to the public cry for trying to develop this as a bipartisan the real problem. The problem is more help with education. That is bill. I am one who is a believer that if money and the resources necessary to Robin Hood in reverse. What we have the Federal Government is going to be make a schoolwide program succeed. been doing all along, and the pattern involved in Federal aid to education, My colleagues are taking away some of here in the Congress under the Repub- there is a legitimate need to come in the money. We move from 75 percent lican leadership is to do just this, and to help low-income families where down to 50 percent, and now we want to spread it out. Ed-Flex was a beginning, they may not have the property tax move from 50 percent to 40 percent. So straight As is coming after this, either structure, they may not have the in- 75 percent to 40 percent is a radical today or tomorrow. Straight As is all come, and that was a legitimate role, move. My colleagues oppose going all about wiping out any Federal control even though the Constitution was si- the way down to 25 percent; that would with the money after it goes down to lent on the Federal role in education, be even more radical. But we have al- the local level and that means you do because that means by definition that ready made a radical move going from not have to have 40 percent or 25 per- it was intended to local and State. But 75 percent to 40 percent, and my col- cent, but just spread it out. when there has been a failure such as leagues are jeopardizing the success I yield at this point to the gentle- for special needs kids or for low-income that they claim that these schoolwide woman from North Carolina (Mrs. kids, the Federal Government has programs have achieved. CLAYTON). stepped in. My goal is not to spread The program and the law was de- Mrs. CLAYTON. Mr. Chairman, I targeted Federal dollars to all students signed to reach the poorest children in want to support the Payne amendment in America so that everybody gets at- America. The formula is driven by indi- and say that it has nothing to do with tached to the Federal dollars. vidual poverty; children who qualify us not wanting all children to have an But this was to be a bipartisan bill. for free lunches, that determines the education, nor does it have anything to We worked out a compromise. Some of amount of money one gets in a district. do with finding a way to have another us are starting to feel that the only If one has a situation where one can model to be more effective. If we take thing that is bipartisan in this is we play with the formula and take a a limited amount of resources and in- have to do it the other side’s way, or school that only has 40 percent poverty deed dilute that, we really take the we do not do it. I am fast moving to- and make it eligible, then one would be chances of effectiveness away from the wards a no on this bill when I have diluting what goes to the school that program. So if we are trying to effec- been a strong advocate of this bill all has the 75 percent poverty where we tively educate those who need it the the way along. I, for one, do not believe have already reduced the funding down, most, we would not dilute that, we that Title I has failed. I differ from based on a 50 percent level of sharing. would try to make sure that it was many of my conservative friends. This The public concern for education is more pointedly directed to that. is like Lou Holtz coming to the Univer- at an all-time high right now. Almost Take eastern North Carolina, take sity of South Carolina and South Caro- 90 percent of the voters have declared school districts that I know that in- lina not winning this year in football

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.042 pfrm02 PsN: H21PT1 H10632 CONGRESSIONAL RECORD — HOUSE October 21, 1999 and people saying well, that failed. It It is just like having a pot for FEMA. we are being shortchanged with this takes more than a football coach to We do not stop and say we only have a Title I funding allocation, and again change the football program in South certain amount of money and all of the only in New York and Hawaii and parts Carolina and turn it into Notre Dame, tragedies and natural disasters we have of Virginia do we face this problem. It not that Notre Dame is the best exam- are limited. We come up to the hurts Bronx County. It hurts Queens ple this year. But when we look at this, amount. County. It hurts New York County; and it takes split ends, it takes quarter- We do not do that with education. I if there were more money in this bill, backs, it takes halfbacks. would just like to say that we are mov- we could take care of it. We could hold Title I going to low-income schools, ing money by moving the formula be- these districts harmless so that they they often do not have a lot of other cause those now who qualify will take could help the poorest kids and help resources. This is only part of the pro- the money. the poorest schools. gram that goes into these schools. We Mr. ENGEL. Mr. Chairman, I rise in So this goes a step in the right direc- cannot expect Title I to solve every support of the Payne amendment. In tion in terms of allocating more problem in low-income schools. What I my previous life, I was a teacher and money, but in my estimation it does see in Indiana is they are doing it very guidance counselor in the New York not do the job. If we are going to have effectively in targeting for reading re- City public schools and I only taught a Federal commitment to education, covery. But this is a question about in Title I schools so I think I have and again the polls show that that is flexibility. It is not a question about some familiarity with it. what people want across the country, a moving among students. In this bill, we Most of the schools in my congres- commitment to education, then we require that the students’ performance sional district qualify as Title I really need to put our money where our has to move up if we go down to 40. We schools. I agree with my colleague mouth is. If we are going to help chil- are caring here about individual stu- from New York (Mr. OWENS), who said dren in the poorest areas, then we need dents. Why do we feel in Washington the real problem here is that we just to help those schools that are the poor- that we have to tell each principal and need more money for Title I schools. est schools. superintendent and teacher that they We do need more money. The bill goes in the wrong direction. have to do it a certain way. What we The other side can scoff all they The Payne amendment would right want to see is that the students’ scores want, but the fact of the matter is that wrong, and I wholly support it. are improving. every child who is eligible should be Mr. HOEKSTRA. Mr. Chairman, I I am sorry I did not get down here to getting help. If we are going to make move to strike the requisite number of debate on the Armey amendment. I do the commitment, and this bill goes a words. not understand why people do not want long way in increasing funds but we Mr. GOODLING. Mr. Chairman, will to give local schools and school boards still have a long, long way to go, it the gentleman yield? more flexibility if we say you have to seems to me that what we ought to be Mr. HOEKSTRA. I yield to the gen- improve the students’ scores. The argu- doing is concentrating on those schools tleman from Pennsylvania. ment here is not in my case against that have the greatest levels of poverty Mr GOODLING. Mr. Chairman, first having the money go to those who need because those are the kids that are of all, I want to make sure one more it most. I want to see it used most ef- most disadvantaged. Those are the kids time, this program was designed with fectively, whether it is public school that really need the help. School-wide one thing in mind. That one thing in choice, private school choice, Title I programs have usually been limited to mind was students achieving below inside the schools, reading recovery higher poverty schools because the per- grade level. That is what it was de- programs. We want to see that the kids formance of all people, all students in signed for. That is in the legislation. It who are left behind in our system, who that school, tends to be low. has always been there. often are not able to get the job, to get This amendment calls for the 50 per- What I really get most upset about, the opportunities that many of us who cent poverty threshold because a level and I should not get carried away, but have been more fortunate have, we of 50 percent poverty is where we begin when it is said all we need is more want to see the most flexibility and the to see an impact on the entire school. money, that is all I heard for 20 years: best ways possible to do that, and I At poverty levels below 50 percent, the all we need is more money. It has been fear that this amendment will lead to school poverty level has a much small- a block grant; that is what title I has further unraveling both of that local er impact on the achievement of the been, a block grant to districts. As flexibility and of this bipartisan bill. entire school population. So the Payne long as those who are achieving two Mr. ENGEL. Mr. Chairman, I move to amendment would certainly prevent levels below grade level are met, do strike the requisite number of words. the undermining of Title I’s targeting with it what they want; and it has Mr. Chairman, I yield to the gen- provisions and ensure that these pro- failed. We have failed those children tleman from New Jersey (Mr. PAYNE). grams are focused on higher poverty over and over again because nobody Mr. PAYNE. Mr. Chairman, I just schools that need improvements on a went out to check and see whether want to comment very briefly on the school-wide level and the poorest there was any quality in the program, comments of the gentleman that just schools are better equipped. It will en- even though all the statistics showed preceded me. sure that the poorest schools are better that they were not increasing, they The chairman indicated that the 50 equipped to deal with school-wide prob- were not catching up to the children percent Title I has been working, the lems. who are more advantaged. gentleman from Pennsylvania (Mr. I also would be remiss if I did not The program was designed for chil- GOODLING) and that when they moved mention that within the City of New dren who are below grade level; and, down from 75 to 50 percent that we York there is a very distinct problem. again, let us try to make it a quality have seen success. Why not then leave I represent Bronx County, and the way program. Let us not just say that it at the 50 percent? the funds are being allocated right now somehow or another we can take a pro- hurts students in Bronx County and gram that has not worked, if we give it b 1245 Queens County and New York County more money it will work. If more chil- Secondly, the gentleman said that we within the City of New York. If we had dren are covered with mediocrity, then are not shifting money around; we are more money, we could take care of more children are just being destroyed. simply authorizing, we are an author- those problems without impacting neg- We want to cover them with quality. izing committee. He is portraying a atively on the other counties. Mr. HOEKSTRA. Mr. Chairman, the point that those schools now that are So it seems to me that the fight here amendment that is before us now mir- eligible, that would be 40 percent, they should not be a fight about a pie and rors much of what we are doing in the are simply going to apply for the who should take away from other peo- rest of H.R. 2. This really is the first money and therefore the pot remaining ple; but the fact is that where there are time that a Republican Congress has a the same will simply reduce the poor schools those are the schools that chance to make real changes to Fed- amount of money to the higher poverty ought to be adequately funded. It pains eral education policy, to try to im- schools. me a great deal that in Bronx County prove Title I so that disadvantaged

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.045 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10633 children do actually learn and succeed fairness, and I believe the gentleman A pupil’s poverty status is based on so that we can take those who are from New Jersey (Mr. PAYNE) epito- their eligibility for free or reduced- below grade level and move them up. mizes in his legislative agenda, price lunch. The income thresholds for The focus does have to be on account- throughout the time that I have known free or reduced-price lunch are substan- ability and achievement. There are a him, to affirm all of those principles. tially higher than the poverty level. number of improvements in this bill All of us who have fought for edu- For example, a child is eligible for re- that move us in that direction, but cational opportunity, the equalizing of duced or free lunch if his or her family there is also a movement that I am the doors destined to carry our young income is below 130 percent. Thus, in concerned about. We have so-called ac- people into the rewards of strong work most cases the current school-wide pro- countability, but the problem is that ethic, the ability to provide for their gram of eligibility threshold is actu- there is not flexibility. We tell States families, we have all supported equal- ally 50 percent of pupils eligible for how to target their money, where to izing education. In fact, this body in its free or reduced-price lunch. spend it. We tell States what informa- wisdom, way before I came to these We are not throwing money away. tion to report to parents and the public honored halls, had the Civil Rights Act What we are saying is that we are fo- on their schools. of 1964 and the Voting Rights Act of cusing the money so that it can be uti- We tell States how to desegregate 1965 and translated the Brown versus lized properly. students based on race and gender, and Topeka decision argued by Thurgood Let me say that the fact that this we tell States what kind of qualifica- Marshall into reality by opening the has been taken out or put in in a re- tions teachers and para-professionals doors of education and providing oppor- duced amount is a travesty with tax- must have. The section of the bill that tunity for those who had been ex- payers’ money. It is a travesty on what we are attempting to change here is cluded. we tried to do. It takes away the spirit one of those areas where we provide I am somewhat taken aback that we of this Congress that tried to open the more flexibility for school-wide pro- now come to a place where every Amer- doors of education. Pell grants, GI grams so that we can tailor those pro- ican is talking about education, but loans, all of that had to do with us say- grams to most effectively meet the yet we have an underclass of sorts, in- ing that these are deserving people. I needs of the children in those schools. dividuals who have yet been able to get bet we can look back now and find out The amendment that we have in on the first wrung of the ladder. Title the investment in the GI loans has paid front of us, again, takes us away from I has proven to be the door opener in three times; the investment in Pell flexibility at a local level, takes us those hard-core pockets, where people grants, ten times; and I can assure away from having the flexibility to de- are living at 50 percent of poverty them that their investment in Title I sign the programs for the needs of the threshold, barely making ends meet funds in districts around this country children in those schools. Like other but every day getting up and washing where people are yearning for an edu- parts of the bill, it moves decision- and ironing that same piece of clothing cation but yet do not have the re- making away from the State and the for their child and getting them out sources, the lunches, the computers that door so that they can sit in a seat local level and moves it back into and various other things, I can say, Mr. of opportunity. Washington. and Mrs. Taxpayer, that a better in- I go home to my district and I am al- This Congress has had a number of vestment could not have been made. ways hearing, money is being wasted. successes in moving decision-making I would hope my colleagues under- It is being given to the go-along and to the local level. We passed Ed-flex. stand that we are not trying to throw get-along. It is being given to the peo- We passed the teacher empowerment. away money and we are not trying to ple who really do not need it. Big tax Tomorrow or later today we will have give away money. shelters are being given to corpora- the opportunity to debate the program b 1300 tions, and though I believe in business called Straight A’s. All of those pro- opportunity and the idea of capitalism I had to come here on the floor of the grams take us in a direction that says in this Nation but we get criticized for House as we were ending, because I am we know who we are focused on, and we wasting money. so passionately committed to the fact are going to let the States and the This amendment reinforces the fact, that the gentleman from New Jersey local levels design and implement the Mr. Taxpayer and Mrs. Taxpayer, that (Mr. PAYNE) is right. I want this programs most effective to meet the they can be assured that the money amendment to be passed, and I want needs of those kids; very much based that we are putting out to educate the defeaters of education and quality on the welfare reform model, where we children who otherwise would not have to be defeated. recognize that States and local offi- an opportunity to give those school Mr. SCHAFFER. Mr. Chairman, I cials care more about the people that districts the resources for computers, move to strike the requisite number of were on welfare than the bureaucrats to give them special training, to pro- words. in Washington; that they were most vide that child who comes to school Mr. Chairman, it is no secret that I concerned about moving those people with no lunch and no breakfast oppor- am not a fan or advocate of the under- off of welfare and into dignity by pro- tunity at home, will be able to learn. lying bill, but I still care deeply about viding them a good job. Is it not better to hand someone not the component parts of this legislation We are going to see the same thing in a welfare check but rather hand them a and this part being one of them, be- education, that when we empower peo- salary check? For all of those who cause I believe that this particular ple at the local level to address the stu- gathered around us to determine that amendment makes a bad bill worse. dents with the greatest needs, we are we wanted to have welfare reform, I voted for this amendment at one going to see more success. We recog- what better tool, what better vehicle point in committee. I did so primarily nize that the 34 years and the $120 bil- out of it? To undermine that threshold because of some of the persuasive ele- lion of investment have not gotten us number says to me that my colleagues ments in the arguments that my col- the kinds of results that we want. want to scatter the dollars to those leagues have just heard. But after that Parts of this bill move us in the right who may not need it, and they want to vote, the committee adopted several direction. Parts move us in the wrong take away the focus of the hard-core others that I would consider respon- direction, but this amendment should poverty. sible amendments that did a better job not be passed and we should stay with Again, let me tell Mr. and Mrs. Tax- of providing more freedom and more current law. payer, I do not want them to get angry liberty and the ability for local admin- Ms. JACKSON-LEE of Texas. Mr. and say there we go again talking istrators to spend, in fact, more money Chairman, I move to strike the req- about the poor person; I need to make on children in schools. uisite number of words. it because I am a middle-class working In fact, the administrators of many Mr. Chairman, I recognize that there person. Yes, they are, and we appre- of these programs estimated that that have been some enormously weighty ciate it. What we are trying to do is to one amendment that dealt with the re- arguments that have been made on this get the burden off their back by edu- wards program freed up funding for an issue. They have probably been inter- cating more of these children to ensure additional 123,000 children, disadvan- twined with equality and justice and that they have the ability. taged children around the country.

VerDate 12-OCT-99 04:54 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.047 pfrm02 PsN: H21PT1 H10634 CONGRESSIONAL RECORD — HOUSE October 21, 1999 So within the context of that effort I think it is time for this Congress to fined as a Federal role helping people to move toward greater academic free- put children ahead of those folks for a who are underachieving. Poor people, dom, greater managerial liberty by change. What a novel idea. We do not poor kids are underachieving dis- local administrators and officials, my do it entirely. We do not do it to my proportionate to other children in the position on this amendment has satisfaction. system. Therefore, we have elected changed dramatically. It is for that I am still probably going to vote no under Title I and other similar pro- reason that I, once again, as the subse- on the entire bill. But with respect to grams to devote a disproportionate quent vote took place in committee, this amendment, the bill does achieve part of the Federal dollar to address urge that we stay at the 40 percent a 10 percent victory for those children that particular issue. To the extent level threshold as the bill has before us who have an opportunity to be engaged that one steps away from that formula, today. in schoolwide programs, it is not much then one is stepping away from the def- I say that for a couple of reasons, and of a victory, but it is one that should inition that we have given to the Fed- I really would ask all Members to con- not be obliterated with the amendment eral role. sider this. We are not talking about that is in front of us. I think it is important to keep in changing one bit the allocation of ap- Therefore, I ask the committee to mind what the Federal Government’s propriations to a school. By moving vote no on the amendment of the gen- role in education is that we have, the threshold, however, we are allow- tleman from New Jersey (Mr. PAYNE). through a process of debate and discus- ing more schools to be involved in Mr. WATT of North Carolina. Mr. sion over time, coalesced behind. This schoolwide programs to reach those Chairman, I move to strike the req- amendment furthers that purpose. children who have been identified to uisite number of words. Now, I would not have supported cut- Mr. Chairman, I will try to be brief have the legitimate and honest need ting back from 75 to 50. I certainly because I know there are a number of for additional assistance when it comes would not support cutting back from 50 amendments that need to be offered to bringing those kids up to grade to 40. I guess the next step next week is and very important amendments. But level. going to be cutting from 40 to 0. this one is critically important to me The amendment that is being pro- Then we are going to start another for several reasons. posed is one that actually does, that whole debate, I project; and that de- First of all, before I came to Con- actually constricts the ability of local gress, before I even really followed pol- bate will be, well, okay, now we are administrators to get those dollars to itics closely, during the Ronald Reagan using the Federal Government as a kids who need it the most. presidency, I followed from a distance pass-through, so why should we have I submit that that is the wrong direc- the debate that was going on at the na- any role for the Federal Government at tion for us to move in. I understand the tional level about the role that the all? temptations for those of us in Wash- Federal Government should play in I support the Federal Government’s ington to try to exercise our compas- education. That debate has been going defined limited role in education and sion and concern, which we all share, on consistently for a good while. this amendment furthering that objec- through additional mandates, addi- During those years, we actually came tive. tional constraints, additional regula- to a resolution of what the Federal Mr. PETRI. Mr. Chairman, I move to tions. It is the problem with the Government’s role should be in edu- strike the requisite number of words. amendment. It is also the problem that cation, identifying what national Mr. Chairman, I rise in opposition to occurs throughout much of the rest of standards should be and trying to get this amendment. First of all, I want to the bill. But in this case, we ought to kids who are performing below a na- again commend the leadership on this take the step, even though it is a 10 tional standard up to what we should committee on both sides of the aisle for percent step in the direction of expect as a Nation to be the minimum having worked so diligently and over schoolwide programs, of more freedom standard. so many months to bring H.R. 2 to the and flexibility at the local level. At that point, Republicans, as I re- floor with bipartisan support. None of my colleagues here know the call, were consistently arguing that we I do regret the fact that, unlike some names of the kids in the school where should have a specific definition of other of these negotiations that I have my children are at school today. But what the Federal Government’s role in been involved in in other committees, their principal does. Their super- education would be. Over time, actu- that leadership, after having reached intendent does. Their teachers cer- ally the country came to such a con- an agreement and worked out a bill tainly do. I submit that they ought to sensus that the Federal Government’s that makes a number of improvements be given, even that 10 percent addi- role should be carefully defined and the in the Title I program, is not willing on tional flexibility, to design a program Federal Government dollars should be a bipartisan basis to defend the agree- that approximates the needs of those restricted to fulfilling that role. ment on the floor of the House from children in that school; and that we are One of those roles is to make sure amendments, whether they come from out of line, frankly, here in Wash- that kids who are performing below the one party or the other. ington and under a false set of pre- Federal level standard get brought up Because the purpose of having nego- tenses to believe that somehow our to that standard. tiations and give-and-take and working judgment is superior to theirs back I do not think we can separate the out a good piece of legislation is then home. That is what the underlying bill debate on this amendment from that to stick by those agreements when we in this provision tries to achieve, a larger question about what the Federal get to the floor and move the bill for- small 10 percent adjustment in the Government’s role in education should ward. threshold that allows more flexibility. be. Because if we abandon the defini- That having been said, I am proud The amendment before us tries to tion that we have given for the Federal that we are at this point here in the take that little bit of flexibility away Government’s role and start to block House of Representatives, with a good and return this provision of the bill grant money to the local governments piece of legislation before us, author- back to the more prescriptive, more to make their own dispositions, then izing more money for Title I. regulatory, more confining posture of the next step beyond that is to ask, We are on the verge of, in this Con- the current law. This is not what our well, what is the Federal Government’s gress, appropriating some $350 million administrators have asked us to do. role again? Why should we be involved above what the administration has re- This is not what governors around the at all in education? Why would we be quested for Federal aid to the school country have asked us to accomplish. collecting money, bringing it to the children of our country, because I This is not what any State super- Federal level, and sending it back to think we have got our priorities right intendent has asked us to achieve. the State level without a definition of here in this Congress. This is an amendment that is one what our role at the Federal level is We have managed to appropriate, not that appeals to a very narrow set of in- and without helping to fulfill the Fed- just talk about, and not just authorize, dividuals in schools, those who get to eral objective? but appropriate more money than ever control this particular line item of the I think that is really what this before in the history of this Republic cash. amendment is all about. We have de- for Pell Grants to help the neediest of

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.049 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10635 our children to go to college and voca- lars targeted if one wants to have the constitute a violent criminal offense for pur- tional school and get on the ladder of administration finally support this ef- poses of this section. success here in our country, more fort. ‘‘(2) The State educational agency shall de- money for special ed, and more flexi- So we ask that the Congress consider termine which schools in the State are un- safe public schools. bility for school districts to deal with the Payne amendment. We think it is a ‘‘(3) The term ‘unsafe public schools’ disadvantaged kids with handicaps reasonable position. Those of us who means a public school that has serious here in our country. support Title I and support this bill crime, violence, illegal drug, and discipline This legislation deserves bipartisan think that this would improve the bill. problems, as indicated by conditions that support, not tinkering from the We have those who do not support may include high rates of— fringes. So I hope the amendment is de- the bill, are not going to vote for the (A) expulsions and suspensions of students feated and the bill is passed. bill, who are saying that somehow they from school; Mr. FATTAH. Mr. Chairman, I move think that defeating the Payne amend- (B) referrals of students to alternative to strike the requisite number of schools for disciplinary reasons, to special ment is the right way to go. Let us be programs or schools for delinquent youth, or words. on the side of those who support Title to juvenile court; Mr. Chairman, let me first defend the I and know that, even though it is a (C) victimization of students or teachers negotiations that were commented on good bill, it can be improved by adding by criminal acts, including robbery, assault by the gentleman from Wisconsin (Mr. the amendment of the gentleman from and homicide; PETRI). The Democratic leadership on New Jersey (Mr. PAYNE). (D) enrolled students who are under court this committee had negotiated a bill, supervision for past criminal behavior; b 1315 and they stood on the floor, and they (E) possession, use, sale or distribution of said that they are going to support this The CHAIRMAN pro tempore (Mr. illegal drugs; (F) enrolled students who are attending bill. There was never any agreement THORNBERRY). The question is on the amendment offered by the gentleman school while under the influence of illegal that there would not be amendments drugs or alcohol; offered. But they have said they are from New Jersey (Mr. PAYNE). (G) possession or use of guns or other weap- going to support this bill whether these The question was taken; and the ons; amendments are passed or defeated. Chairman pro tempore announced that (H) participation in youth gangs; or Now, we heard from another gen- the noes appeared to have it. (I) crimes against property, such as theft tleman who said he is opposed to the Mr. PAYNE. Mr. Chairman, I demand or vandalism. bill, and he is opposed to this amend- a recorded vote. ‘‘(c) TRANSPORTATION COSTS.—The local educational agency that serves the public ment. The CHAIRMAN pro tempore. Pursu- ant to House Resolution 336, further school in which the violent criminal offense I want to rise in support of this occurred or that serves the designated unsafe amendment because it focuses dollars proceedings on the amendment offered public school may use funds provided under that the Congress has appropriated for by the gentleman from New Jersey this part to provide transportation services disadvantaged children at schools in (Mr. PAYNE) will be postponed. or to pay the reasonable costs of transpor- which at least 50 percent of the chil- AMENDMENT NO. 48 OFFERED BY MR. SCHAFFER tation for the student to attend the school dren are disadvantaged. Mr. SCHAFFER. Mr. Chairman, I selected by the student’s parent. Now, it does not take a rocket sci- offer amendment No. 48. ‘‘(d) SPECIAL RULE.—Any school receiving entist to figure out that, if we were ap- assistance provided under this section shall The CHAIRMAN pro tempore. The comply with title VI of the Civil Rights Act propriating money for all children, Clerk will designate the amendment. of 1964 (42 U.S.C. 2000d et seq.) and not dis- then we would not be keying on free The text of the amendment is as fol- criminate on the basis of race, color, or na- and reduced lunch levels, there would lows: tional origin. not be a program for children who were Amendment No. 48 offered by Mr. SCHAF- ‘‘(e) PART B OF THE INDIVIDUALS WITH DIS- disadvantaged. FER: ABILITIES EDUCATION ACT.—Nothing in this It is because, in 49 out of our 50 Before section 111 of the bill, insert the fol- section shall be construed to affect the re- States, disadvantaged children, that is lowing (and redesignate any subsequent sec- quirements of part B of the Individuals with poor children, are in schools in which tions accordingly): Disabilities Education Act (20 U.S.C. 1411 et SEC. 111. PUPIL SAFETY AND FAMILY SCHOOL seq.). their State governments have found a ‘‘(f) MAXIMUM AMOUNT.—Notwithstanding way to have less being spent on their CHOICE. Subpart 1 of part A of title I of the Ele- any other provision of this section, the education than children who are not mentary and Secondary Education Act of amount of assistance provided under this disadvantaged; that is, they start out 1965 (20 U.S.C. 6311 et seq.) is amended by in- part for a student shall not exceed the per impoverished in school districts in serting after section 1115A of such Act (20 pupil expenditure for elementary or sec- which the financing systems end up U.S.C. 6316) the following: ondary education, as appropriate, by the local educational agency that serves the giving them less per pupil than in the ‘‘SEC. 1115B. PUPIL SAFETY AND FAMILY SCHOOL CHOICE. school— wealthiest districts in those States. (1) where the violent criminal offense oc- So, now, why should the Federal Gov- ‘‘(a) IN GENERAL.—If a student is eligible to be served under section 1115(b), or attends a curred for the fiscal year preceding the fiscal ernment come along with money to year in which the offense occurred; or help disadvantaged students and dis- school eligible for a schoolwide program under section 1114, and— (2) designated as an unsafe public school by sipate the effectiveness of those dol- ‘‘(1) becomes a victim of a violent criminal the State educational agency for the fiscal lars? offense while in or on the grounds of a public year preceding the fiscal year for which the This amendment would raise the elementary school or secondary school that designation is made. level to 50 percent. It would say one the student attends and that receives assist- Mr. SCHAFFER. Mr. Chairman, I ask has to have 50 percent of the kids in ance under this part, then the local edu- the House’s favorable consideration of one’s school in poverty in order to have cational agency shall allow such student to my amendment No. 48. these dollars be spent on a schoolwide attend another public school or public char- Mr. Chairman, the bill deals with al- effort. That is a reasonable position for ter school in the same State as the school lowing families school choice in those the Democratic leadership on the Com- where the criminal offense occurred, that is cases where children are eligible and selected by the student’s parent; or mittee on Education and the Workforce ‘‘(2) the public school that the student at- defined under title I of the bill and find to take. tends and that receives assistance under this themselves in a school that has a prev- It is also understood that there was a part has been designated as an unsafe public alence of violence. The bill speaks to negotiation. We are prepared to stand school, then the local educational agency these children in two ways. Those indi- by that negotiation. But it does not may allow such student to attend another viduals who are first themselves vic- bind the floor. Members of this Con- public school or public charter school in the tims of violent activity and, second, gress should come and listen to the Na- same State as the school where the criminal those that are in schools that have tional Education Association, the offense occurred, that is selected by the stu- been defined under the bill as being dent’s parent. Council of the Great City Schools. Lis- ‘‘(b) STATE EDUCATIONAL AGENCY DETER- subject to or being in an environment ten clearly to the administration in its MINATIONS.— that is unsafe. statement of administration policy ‘‘(1) The State educational agency shall de- Let me be specific about the terms of that they would like to see these dol- termine, based upon State law, what actions the bill. An unsafe public school means

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.050 pfrm02 PsN: H21PT1 H10636 CONGRESSIONAL RECORD — HOUSE October 21, 1999 a public school that has serious crime, Mr. HOEKSTRA. Mr. Chairman, I The CHAIRMAN pro tempore. The violence, illegal drug and discipline rise in support of my colleague’s Clerk will designate the amendment. problems, as indicated by conditions amendment. The text of the amendment is as fol- that may include high rates of expul- The opportunity to move students lows: sion and suspension of school students; from a school where they have experi- Amendment No. 43 offered by Mr. ROEMER: referral of students to alternative enced crime or serious problems, I In section 1002(a) of the Elementary and Sec- schools for disciplinary reasons, to spe- think, is a proper direction. Again, ondary Education Act of 1965, as proposed to cial programs for schools for delin- what we are doing is we are providing be amended by section 103 of the bill strike quent youth into juvenile court; those flexibility. In this case, we are empow- ‘‘$8,350,000,000’’ and insert ‘‘$9,850,000,000’’. where there is victimization of stu- ering students, we are empowering par- Mr. ROEMER. Mr. Chairman, I offer dents or teachers by criminal acts, in- ents, and we are empowering local this bipartisan amendment to increase cluding robbery, assault, or homicide; school districts to make the appro- the money for the poorest and most at- enrolled students who are under court priate decision for their children as to risk children in America under Title I supervision for past criminal behavior, where they need to be educated. Again, funding programs by $1.5 billion. I offer possession, use, sale or distribution of this builds on the other programs that this on behalf of myself, on behalf of illegal drugs; enrolled students who are we have introduced and passed this the gentleman from New York (Mr. attending school while under the influ- year that are moving decision-making QUINN), a Republican; the gentlewoman ence of illegal drugs or alcohol posses- back to the local level, back to teach- from New York (Mrs. KELLY), a Repub- sion, or use of guns or other weapons; ers, and back to States. This is really lican; and the gentleman from North participation of youth in gangs; crimes the appropriate place for those deci- Carolina (Mr. ETHERIDGE), a Democrat. against property, such as theft and sions to be made. Now my colleagues know, on both vandalism. In this amendment we are empow- sides of the aisle, that I probably come It is virtually impossible, I would ering parents and we are empowering down into the House well often to cut submit, at least according to most edu- people at the local level to do the right a program, to argue for a balanced cators I have spoken with, to compete thing to help their students. I encour- budget, to encourage this body to have with these kind of unreasonable cir- age my colleagues to support this a provision in the legislative appro- cumstances and environments in try- amendment. priations bill where we can return ing to deliver educational services to Mr. GOODLING. Mr. Chairman, I money out of our office accounts back the children who need them most. It is move to strike the requisite number of to the treasury so that we reduce the the children who need them most who words. debt; and I have been the coauthor of oftentimes find themselves in these Mr. Chairman, I have a couple of that bill for the last 8 years, but I do exact kinds of settings and school con- questions for the author of the legisla- not come down into this well to throw ditions. tion. In the legislation at the present money at problems. But today we have I realize there are many here who be- time, we allow parents to move chil- a bipartisan bill, a bill that is not the lieve that school choice is a bad idea. I dren within a school district to another status quo, a bill that does not con- am not one of them. I think free and school, or a charter school in that dis- tinue a program that has had some open market approaches to public trict, if it is classified as a dysfunc- problems lifting many children that schooling is, in fact, a good idea. But I tional school or a nonachieving school. are 1 year or 2 years behind in reading think in this one example we ought to As I understand the gentleman’s and math and science back to the level be able to find wide and common agree- amendment, he expands that to say they should be. ment that those children who are vic- that an individual can go across dis- We have taken appropriate action in tims of violence and also find them- trict lines to a public school or a char- this Republican-Democratic bill to ad- selves in violent schools ought to be ter school, and also if it is because of dress those concerns. The very given the freedom to exercise school the problems that are in the school be- strength of that action, that bipartisan choice; to choose another setting that yond academic problems. Do I under- action, was to require tougher certifi- more approximately meets the needs of stand that correctly? cation for the teachers, all teachers those children; that offers a better op- Mr. SCHAFFER. Mr. Chairman, will certified in those programs by 2003, and portunity for children to learn in less the gentleman yield? to require that para-professionals who threatening environments; that gives Mr. GOODLING. I yield to the gen- are working in this program and being real hope for children that there are tleman from Colorado. paid can no longer be simply working teachers and there are places where the Mr. SCHAFFER. The gentleman is toward a high school degree or a GED. only objective of their setting is to correct. The choice mechanism in the Now they need to be certified. teach and it is to learn and it is to bill, as drafted, triggers the choice op- We provide an incentive program for grow academically, not to constantly tion only in those cases where schools those children and those schools that be looking over one’s shoulder won- are determined to be nonachieving do better. We have an incentive pro- dering whether they too might be the schools, or failing schools. This amend- gram in here now to reward those good next victim. ment acknowledges that it is quite pos- schools. We have tightened up the ac- This amendment is, I think, a very sible, in fact likely in many cases, that countability in this bill. We have tight- reasonable step in the right direction. an achieving school, one that is suc- ened up the standards in this bill. We It does address those schools that we ceeding, may also be a violent school have improved drastically, in a bipar- all know to exist, where violence seems on occasion. tisan way, the Title I program for the to be chronic and where children have So in those instances we give an ad- most at-risk, the poorest, and the most a huge hurdle to clear with respect to ditional trigger, I guess, in this bill, disadvantaged kids in America. Why education. This gives them a relief would be the appropriate way to say it, can we not then put a little bit more valve, an escape hatch, a way to find that allows parents whose children suf- money into this program to make sure schools that teach, schools that work, fer from violence or in violent schools those kids have the opportunity to and environments that are safe. that do not meet the definition cur- learn? That is why I came to Congress, It is on that basis, Mr. Chairman, rently in the bill the option of choosing is to improve the education system in that I ask for the body’s favorable con- another academic setting in a public this country. That is what we are doing sideration of amendment 48. school or a public charter school. in this bill. Mr. KILDEE. Mr. Chairman, I move The CHAIRMAN pro tempore. The Now my colleagues might say, okay, to strike the last word. question is on the amendment offered how much money is it going to take? Mr. Chairman, I believe this amend- by the gentleman from Colorado (Mr. We currently have today, my col- ment is unnecessary and is presently SCHAFFER). leagues, 4 million children in the Title covered under the current Title I stat- The amendment was agreed to. I program that do not get a dime, they ute. Because it appears that it does not AMENDMENT NO. 43 OFFERED BY MR. ROEMER do not get a nickel, they do not get a expand current law, we will accept it Mr. ROEMER. Mr. Chairman, I offer penny. We do not help them. $1.5 bil- on this side. amendment No. 43. lion. Would it make a difference to

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.053 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10637 some of them? Yes. To all of them? Ac- do as well as the other platoons, so my more resources. We have one example cording to the Congressional Research sergeant said, well, we will just put of the commitment that teachers are Service, they say it would take $24 bil- somebody else’s helmet on your head putting into their own profession and lion to fully fund Title I. and that way our company will do well, in their own schools from a news report My amendment, my bipartisan and that sounds about like what we are that was released just a couple of amendment, would simply lift the trying to do here. weeks ago in the city of Waterbury, funding from $8.3 billion to $9.8 billion, We have to prove now to the appro- Connecticut, when teachers with their $15 billion short of what it would take priators that we put together a piece of first two paychecks voluntarily took to fully fund this program for the poor- legislation that is, for the first time in money out of their own pockets total- est, most at-risk kids, who, if they the history of Title I, going to help im- ing $303,000 dollars and donated it back drop out of school, are more likely to prove the academic achievement of to the school district in order to use it get involved in delinquency, are more those most in need, those who are two for more books and supplies and com- likely maybe to fall into juvenile cen- grade levels below. Because that is puters and other educational needs. ters or to get into the incarceration what Title I is all about. And so, we And it was based on a matching fund system, and then we really pay a price. have to prove that. agreement with the city and the school So I would encourage my colleagues to But already we have taken a gamble board. vote for this bipartisan increase. and said, we know it is going to suc- This is just one example of many And I just want to end on the fact ceed. Get it through the Senate. Get it across the country of teachers who are that 196 years ago, in 1803, the Senate down, and get it signed and we know it willing to dip into their own pockets to ratified the Louisiana Purchase Treaty will succeed. buy supplies for the students that they on a vote of 24 to 7. We bought the So we said, okay, not $7.7 billion, are responsible for because policy- western half of the Mississippi River $8.35 billion, which, as I said, was nego- makers are not doing the job, not giv- Basin from France for less than 3 cents tiated, was agreed upon by several of ing them the tools to succeed with per acre. We expanded the size of the the leaders on that side and our side. their students. That is a tragedy, espe- country and paved the way for western So I would hope, again, that we first cially when we are talking about a pro- development. This is a better invest- prove that we have finally made the gram such as Title I that is targeted to ment, in our children, in our future, in changes in this legislation that will the highest at-risk students, who have giving people a chance to succeed spir- help the most disadvantaged young- the greatest need, and are the most dis- itually, emotionally and educationally. sters in this country to receive a qual- advantaged students across the coun- Let us give our kids a chance to get a ity education so we can close the gap. try. good, decent education in America More money has never done it. Cov- This is comparable to the great epic today. Vote for this bipartisan amend- ering more children with mediocrity struggle of the 20th century for West- ment. has never done it. Now, more money ern Civilization, the Second World Mr. GOODLING. Mr. Chairman, I with excellence, that is a different War, with Winston Churchill coming to move to strike the last word. story. But we are now in a position the United States, which was an isola- We have just heard the same chorus that we have to prove that. We have to tionist country at the time and a reluc- that we have heard for 20 or 30 years. If prove what we put together collec- tant ally to get involved with the fight we just had more money, somehow or tively in a bipartisan fashion will, as a against Naziism and fascism. Churchill other the problems will go away. Even matter of fact, turn this whole situa- understood that and he went to F.D.R. though the program is not a quality tion around. So I would say we have al- and said, I understand the position you program, something good will happen. ready increased it. are in as a Nation, your reluctance to All we need to do is spend more money. Let us not hold out a lot of hope, and get involved in European entangle- it is false hope of course, by simply ments. But if you give us the tools, we b 1330 raising an authorization level beyond will finish the job. The United States Well, it has not worked, and we have what we have already done. did give England the tools through been spending more money and spend- Mr. KIND. Mr. Chairman, I move to Lend-Lease and Churchill called that ing more money. Now we believe we strike the requisite number of words. the most ‘‘unsordid act’’ of generosity. have put together a piece of legislation Mr. Chairman, I rise as a strong sup- That is a common refrain we are that will work. And so, we are going to porter of this very important amend- hearing from across the country from show to those appropriators, as a mat- ment in this reauthorization process. I administrators and parents and teach- ter of fact, as this kicks in and be- commend my friend, the gentleman ers that if we policymakers can just comes a reality, that it is beginning to from Indiana (Mr. ROEMER), and my give them the tools, they can finish the work. And, therefore, I am sure they good friend the gentleman from New job. This is the next great challenge will be happy to pour in much more York (Mr. QUINN) for offering this that we face as a Nation in the 21st money. amendment. century: to be able to provide quality But we have already, and we had an Mr. Chairman, when I came to the educational opportunities for all our agreement, three leaders on their side United States Congress, I came from children regardless of where they live agreed, we are appropriating $7.7 bil- the fiscal tradition of Senator Bill and the wealth of their communities. lion. We moved it up to $8.35 billion. Proxmire in Wisconsin. I am very Yes, we can demand greater account- That was a bipartisan agreement. I re- proud of the fiscally responsible record ability and even more flexibility at the alize they are not worth much, I sup- that I have developed as a young Mem- local level. We did that earlier this pose. But, nevertheless, that was the ber of this body. I believe we can main- year with the Ed-Flex legislation. But bipartisan agreement. We had moved it tain fiscal discipline while making cru- let us not delude ourselves into believ- up to $8.35 billion. cial investments for our future. ing that this debate is not also about First all, the 1997 study was a dis- I do not often come to the House dollars and cents to the classroom. aster. The 1998 study indicated that, floor asking for an expansion of pro- Adequate resources is a very important somehow or other, we improved a little grams or more money for programs un- ingredient to doing the job that we bit on NAPE scores for these young- less I feel in my heart that it is abso- would like to see local school districts sters, we got them back up to where lutely vital and necessary in order to be able to perform in enhancing stu- they were 10 years before. accomplish the goals of those pro- dent performance and giving all of our However, all that is under investiga- grams. This, Mr. Chairman, is one of children the educational opportunities tion now. Because it also appears that those programs. An expansion of Title that they desperately need and deserve. the way to do that is, as I told them in I funding, I believe, is just dealing with So I want to encourage the Members committee the way they did when I reality. of this body, in the bipartisan spirit in was to fire on the rifle range and be- There are school districts all around which the amendment is offered, to cause I was so cross-eyed I did not the country, high-poverty school dis- support this amendment and improve know which was my target and it tricts, that are in desperate need of on what is a good bill but what can be messed us up and our platoon did not basic supplies, more material, and a better bill with the passage of the

VerDate 12-OCT-99 04:54 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.058 pfrm02 PsN: H21PT1 H10638 CONGRESSIONAL RECORD — HOUSE October 21, 1999 $1.5 billion increase in the authoriza- Representatives, and I think that the take the Roemer amendment and try tion level. committee has done a magnificent task to add to the funding for this program This is just an authorization level. in changing the direction of the Title I for excellence. We ought to add to this We still have to convince the appropri- program. I think that is why it took us funding for the results that we expect ators that this is a level that needs to so long to mark it up in committee. and for the accountability that is in be fully funded. But I think it also That is why we are spending a consid- this program. sends not only a message to the appro- erable amount of time on it here on the Because we are challenging the priators but to the American people floor yesterday and today. States, we are challenging the States that the United States Congress is get- But the fact of the matter is, as the on behalf of the Federal taxpayers to ting serious about establishing the pri- gentleman from Indiana (Mr. ROEMER) close the gap between rich and poor orities that are important to our coun- pointed out, we are changing the direc- students, between majority and minor- try. Education is one such priority that tion of this program; and as the gen- ity students. We are challenging the should be at the top of the list when it tleman from Pennsylvania (Mr. GOOD- States to provide qualified teachers in comes to balancing the budget and al- LING) has pointed out a number of every classroom within 4 years. With locating our limited resources for one times, we are changing the direction of those kinds of changes in this program, of the most effective investments that this program. We are taking a program we have the opportunity to deliver a we can make in our children. that for all too long did not have much program of excellence at the local level Mr. QUINN. Mr. Chairman, I move to accountability in it, did not affix re- on behalf of these students. strike the requisite number of words. sponsibility to parties, it really did not As the gentleman from Indiana (Mr. Mr. Chairman, I am not going to take have standards of excellence in it. We ROEMER) has pointed out, we cannot all 5 minutes. I just want to rise in sup- are changing that now; and, in fact, we continue to allow the tremendous num- port of the work my good friend the are redirecting this program on a ber of students who are not included in gentleman from Indiana (Mr. ROEMER) course of excellence and accountability this program, who do not get served in has done and others have spoken to and and performance. this program, to continue to happen in want to say how pleased I am to offer The time has come where we can no this country because we are losing this amendment. longer, with the knowledge that we those children and their opportunity to I also want to mention the fact, as have of the number of children who are participate in our economy, to partici- others have and will, that I am a firm not able to participate, not provide the pate in our society to the fullest extent believer that just throwing more adequate funding so that those chil- of their potential. money at many problems does not dren can participate to the full extent Because that is the tragedy, the solve them. of the advantages of this law. They downside of not properly funding this I know the background of the gen- must be included in this program. The program. That is why this amendment tleman from Pennsylvania (Chairman Roemer amendment provides for that is well placed, it is well directed, and I GOODLING) is in education. I happened to happen. That is why we ought to think we ought to recognize that that to have been a middle school teacher support it. amendment is a complement to the for 10 years before I came to work here One of the things when we look at work that this committee has done and in the Congress and know that there schools that are reconstituted by local the faith we have in these very, very are some problems we will never fix no school boards, the governing bodies of difficult changes, very tough changes matter how much money we throw at local Government, when we look at that we have made in this program at them or throw toward them or with schools where venture capitalists have the urging of the chairman of the com- them. come in, various firms have been mittee, the ranking member, and the This is one, though, that works. This formed now to take over some of these two subcommittee chairmen and rank- is one where I think we are appre- schools and run them on a private mar- ing members of this committee. ciative of the work that the chairman ket model where they have turned I urge passage of the Roemer amend- and the ranking member of the full them into charter schools, it is very in- ment. committee and the chairman and the teresting that in many of these schools Mr. HOEKSTRA. Mr. Chairman, I ranking member also of the sub- that are poor performing and have a move to strike the requisite number of committee. We appreciate that in- disproportionate number of disadvan- words. Mr. Chairman, I urge my colleagues crease of 7.7 up to 8.3. taged children in these schools, the We are suggesting another modest in- to vote no on this amendment. first thing they do is add money. The The interesting thing about this crease that will not solve all the prob- very first thing the private marketers process has been it has been a bipar- lems, will not be a panacea, and there do is they add money to these schools. tisan effort. My understanding is that will still be some problems. But I want It runs about a half a million dollars the bipartisan bill that was negotiated to point out, Mr. Speaker, that there a school. When they say, pay us, we in good faith included an increase in are some problems in this country in will run their school, we will get the the authorization level from $7.7 billion some schools where when and if we can results for them, we will show them a year to $8.35 billion. get some additional funding it will how the market system will work, the I believe, as my chairman said earlier make a difference. first thing they do is invest capital in in the debate on this, we are finding I am convinced that this is one of those schools on behalf of those dis- that bipartisan agreements do not nec- those areas where that will work. I am advantaged children. essarily mean a whole lot anymore. convinced that when we approach this Money does make a difference. It, in What we are now finding is that, in in a bipartisan way, we will have suc- fact, does make a difference. And that this bill, we are moving from the cur- cess. We are willing to work with the is what private firm after private firm rent authorization from $7.7 billion in committee and the appropriators to after private firm has been doing with its proposal to move up to $9.85 billion. make sure that that kind of money is these schools. This is a 36-percent increase in fund- made available. As everybody here has just claimed, ing for a bill that my colleagues on the I urge all of my colleagues to support that does not mean that throwing committee have said all of the reports the amendment. money at a problem will solve that would indicate that we are not doing Mr. GEORGE MILLER of California. problem. But here there are many very well with this program. Mr. Chairman, I move to strike the problems that will not be fixed if we do Today, 34 years later since the incep- requisite number of words. not have money. And children who are tion of Title I, we still see a huge gap (Mr. GEORGE MILLER of California not included in this program are not in the achievement levels between stu- asked and was given permission to re- going to get the advantages of it. dents from poor families and students vise and extend his remarks.) I think we should take the pride of from non-poor families. Mr. GEORGE MILLER of California. our workmanship here, we should take Mr. Chairman, I am very proud of this the understanding of the redirection b 1345 legislation that we have before us this that we have given to this program on I do not want new money for Title I afternoon on the floor of the House of a bipartisan basis, and we ought to until we fix it. I am not sure there ever

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.061 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10639 was a time when Title I was unbroken, H.R. 2, Title I has been authorized at a over here, as they refer to themselves but it certainly is broken now. level of $8.35 billion. Our amendment on the right, are always talking about So before we take a look at whether would increase this authorization by how much goes to the classroom. Nine- the changes that are in this bill which $1.5 billion, to bring it to a total of ty-nine percent of this money goes di- move more accountability and more $9.85 billion for the fiscal years 2000 rectly to the local school unit, for control to Washington, before we take through 2005. those children that so badly need it, a look at whether what I believe is a The Student Results Act will hold that have the greatest need. If we are misdirected step actually will improve our educational system to a higher set going to improve education in Amer- the education of our most neediest of standards. It requires the States and ica, we are going to improve it for all children, this amendment says, ‘‘Let’s the school districts to issue report children and every classroom in every throw 36 percent more money at the cards on student achievement to the corner of this country. Let us pass this problem before we realize whether the parents and the community. It also amendment. changes that we have proposed will ac- recognizes that there is an active Mr. DAVIS of Florida. Mr. Chairman, tually make a difference or not.’’ achievement gap, and demands that I move to strike the requisite number I do not think that is necessarily a the State and local education agencies of words. good step to take. I do not think it is establish a plan to close this gap. I rise in strong support of the Roe- a wise step to take. I urge my col- H.R. 2 provides choice and flexibility mer-Kelly-Quinn amendment and want leagues to oppose this amendment. and rewards while demanding account- to make two points: The first is the Ms. WOOLSEY. Mr. Chairman, I ability, quality and results. The bill be- reason I support this amendment, I move to strike the requisite number of fore us today continues to provide think one of our highest priorities words. flexibility for our State and local edu- ought to be providing the tools to our Mr. Chairman, it sounds like we are cation agencies which we have already teachers and principals in our most being criticized because we would established earlier this year in the Ed- struggling schools to help their stu- throw money at our schools, and our Flex bill and the Teacher Empower- dents survive. The second point I want accusers might be right. We do want to ment Act. The Title I program is the to make pertains to a question that throw money at our public schools, and largest Federal commitment to ele- was asked which was, do we really know what works, are we really willing we know that by putting more money mentary and secondary education in to make that investment? into our public schools, we would solve the reauthorization before Congress many problems. Let me offer to my colleagues as an this year. Passage of our amendment example the State of Florida. In the Think about it. We do not hesitate to will provide additional funds to help throw money at the Department of De- State of Florida, we are having a ter- States, school districts and schools ribly hardy debate right now about fense. We throw plenty of money to make the changes necessary to raise build roads and bridges. But when it vouchers. I personally do not support student achievement across the board. vouchers. But when you look past all comes to our schools and to our chil- As a former public school teacher and the speeches that are being made, what dren, somehow it is rude to talk about the mother of four, I support public Democrats and Republicans, what vir- spending money. Somehow all of our schools. And I know that few things are tually all lawmakers agree upon, is schools, regardless of where they are, more important to the future success that we know what works to help our are expected to give all of our students of our children and our Nation than most struggling students succeed. It is a first-class education on a second-rate education. I urge my colleagues to sup- smaller class size, it is giving after- budget. Mr. Chairman, it will not hap- port this amendment as well as the un- school and before-school programs, it is pen if we continue to do this. derlying bill. In doing so, we will dem- providing tutor support, exactly the in- If this country, led by this Congress, onstrate our real commitment to Title gredients to success contained in this does not begin to invest in our children I programs and to improving the edu- amendment. We know it works. We do and do it now, it will not matter how cational system in this Nation. not need to wait. We need to do it. I many fancy new weapons our defense Mr. ETHERIDGE. Mr. Chairman, I urge strong support of the Roemer funds buy, because there will not be move to strike the requisite number of amendment. enough soldiers with the education to words. Mr. CASTLE. Mr. Chairman, I move use those weapons. And there may not Mr. Chairman, I, like my other col- to strike the requisite number of be any new weapons at all because who leagues, rise to support the Roemer- words. is going to be educated enough to build Quinn-Kelly-Etheridge amendment to I will be brief, Mr. Chairman. Most of and design these weapons? Who will be increase Title I funding to $9.85 billion. these points have been made. Title I, I mixing the materials and operating the I will be very brief. I will not use all think, is very, very important. And I machinery to build all those new roads my time. The reason I will not is be- think covering as many children as we and bridges? Have my colleagues seen cause this ought to happen and we can within some degree of reason is how high tech the equipment is these ought not even to be debating it. very, very important. We are making days? This will provide additional funding significant changes in this legislation, Mr. Chairman, I am going to be vot- for more students. Over a third of the most of which, if not all of which, I ing for the gentleman from Indiana’s students are not now allowed to be in- happen to believe are positive and I amendment to increase funding for volved in this program because there is think things that we should do. Title I. $24 billion is barely what we not enough funding and the funding One of the key things that was need. That is what the Congressional level is too low to provide for the cur- worked out, and it has already been Research Service says that we would riculum enrichment that many of these stressed by the gentleman from Penn- need to fully fund Title I. Let us get children need, for the staff develop- sylvania, but was worked out with the with it, let us support our children, and ment that needs to be done, and the ac- key Members from the other side, the let us increase the funding for Title I. countability in this bill in my opinion gentleman from Missouri (Mr. CLAY), Mrs. KELLY. Mr. Chairman, I move is what we ought to be about. And the the gentleman from California (Mr. to strike the requisite number of report card is certainly needed. It is GEORGE MILLER), the gentleman from words. what we have done in North Carolina Michigan (Mr. KILDEE), the ranking Mr. Chairman, I rise today to support now for almost 10 years. members over there, was the increase the Roemer-Quinn-Kelly amendment to It has made a difference in our State which is included here, and I stress H.R. 2, the Student Results Act. I com- and it will make a difference in this that that is an increase which is in- mend the Members of the Committee Nation. It ought not be a debatable cluded here, the good faith increases to on Education and the Workforce under issue. It ought to be something we are $8.35 billion from $7.7 billion. I am the leadership of the gentleman from moving on and doing. doing this math in my head, so hope- Pennsylvania (Mr. GOODLING) and the Finally, Mr. Chairman, let me say fully it is correct. But I think that is gentleman from Missouri (Mr. CLAY) that approximately 99 percent of this about a 9 percent increase in the au- for bringing this bipartisan legislation money, of Title I money, goes to that thorization. That is a 1-year increase before us today. Under the language of local school. My colleagues on the left in authorization.

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.066 pfrm02 PsN: H21PT1 H10640 CONGRESSIONAL RECORD — HOUSE October 21, 1999 In this amendment, we are dealing Kelly-Etheridge amendment, et al. In- childhood development and education to es- with an increase which is about a 25 creasing Title I by $1.5 billion will go a tablish prekindergarten programs. percent increase, and I am not sure long way. It will not go far enough as ‘‘(G) Coordinating with and expanding, but that they could even put that into not duplicating or supplanting, early child- far as I am concerned where in New hood programs that exist in the community. place, much less be able to sustain it. York City only one-third of the eligible ‘‘(H) Providing scientifically based re- But from an economic point of view, students for Title I actually receive search on early childhood education services there are many things we have to do in Title I funding. There is more we have that focus on language, literacy, and reading education. We have to deal with IDEA, to do to help education in this country. development. we have to deal with all the other pro- We have to build more classrooms, ‘‘(I) How the program will meet the diverse grams involved in the ESEA, and there lower class size, get more funding from needs of children aged 0–5 in the community, are many other things we have to do in the Federal Government for school including children who have special needs. general. I just do not think this is a re- ‘‘(J) Employing methods that ensure a construction and modernization. But I smooth transition for participating students sponsible step. think even more importantly, we have from early childhood education to kinder- I think it is disappointing that we to make sure there is money there in garten and early elementary education. have not taken the stand of the bipar- this budget for all children who are en- ‘‘(K) The results the programs are intended tisan leadership of this community on titled to Title I education program to achieve, and what tools to use to measure that and endorsed the new and higher funding. the progress in attaining those results. figure which they recommended. Hope- The CHAIRMAN pro tempore (Mr. ‘‘(L) Providing, either directly or through private contributions, non-Federal matching fully we can defeat this amendment LATHAM). The question is on the and go ahead and pass the bill and funds equal to not less than 50 percent of the amendment offered by the gentleman amount of the funds used under this title for there will be an increase and we will be from Indiana (Mr. ROEMER). the prekindergarten programs, with such able to help those kids who are dis- The question was taken; and the contributions including in kind contribu- advantaged more than we do now. Chairman pro tempore announced that tions and parental co-payments. Mr. GREEN of Texas. Mr. Chairman, the ayes appeared to have it. ‘‘(M) Developing a plan to operate the pro- I move to strike the requisite number Mr. GOODLING. Mr. Chairman, I de- gram without using funds made available of words. mand a recorded vote, and pending under this title. (Mr. GREEN of Texas asked and was that, I make the point of order that a (Mr. ANDREWS asked and was given given permission to revise and extend quorum is not present. permission to revise and extend his re- his remarks.) The CHAIRMAN pro tempore. Pursu- marks.) Mr. GREEN of Texas. Mr. Chairman, ant to House Resolution 336, further Mr. ANDREWS. Mr. Chairman, I first I will be as brief as possible because I proceedings on the amendment offered want to thank the gentleman from know I have colleagues who have by the gentleman from Indiana (Mr. Wisconsin (Mr. PETRI) for his indul- amendments. I rise in support of the gence. I would be open to the gen- ROEMER) will be postponed. Roemer-Kelly-Quinn amendment and The point of no quorum is considered tleman from Pennsylvania’s suggestion talk about that it is just $1.5 billion in withdrawn. of a second-degree amendment. The authorization. The biggest battle al- purpose of this amendment is to make AMENDMENT NO. 9 OFFERED BY MR. ANDREWS ways is in the Committee on Appro- it clear that under whole school re- priations that is done every year here. Mr. ANDREWS. Mr. Chairman, I offer form, pre-K programs may be offered But this lets us at least go to the Com- an amendment. on a whole school basis for children. The CHAIRMAN pro tempore. The mittee on Appropriations because we AMENDMENT OFFERED BY MR. GOODLING TO have to authorize before we can appro- Clerk will designate the amendment. AMENDMENT NO. 9 OFFERED BY MR. ANDREWS priate. The text of the amendment is as fol- Mr. GOODLING. Mr. Chairman, I This year we have seen that what has lows: offer an amendment to the amendment. happened with the Committee on Ap- Amendment No. 9 offered by Mr. ANDREWS: The Clerk read as follows: At the end of section 1114 of the the Ele- propriations, literally the Labor-HHS Amendment offered by Mr. GOODLING to mentary and Secondary Education Act of appropriations bill is the last one that amendment No. 9 offered by Mr. ANDREWS: 1965, as proposed to be amended by section Strike line 1 on page 1 and all that follows comes up on the floor of the House, it 108 of the bill, add the following: is a second thought to everything else through line 20 on page 3 of the amendment ‘‘(e) PREKINDERGARTEN PROGRAM.— (subsection (e) that is proposed to be added we do and it really should be the first ‘‘(1) IN GENERAL.—A school that is eligible by the amendment at the end of section 1114 thought. Education is expensive. It is for a schoolwide program under this section of the Elementary and Secondary Education expensive for teachers, expensive for may use funds made available under this Act of 1965) and insert the following: administrators, for parents, but mostly title to establish or enhance prekindergarten ‘‘(e) PREKINDERGARTEN PROGRAM.—A it is expensive for the community. programs in accordance with paragraph (2). school that is eligible for a schoolwide pro- That is why this authorization, even ‘‘(2) CONTENTS.—Before a school uses funds gram under this section may use funds made though it is a partial loaf, is so impor- made available under this title to establish available under this title to establish or en- or enhance prekindergarten programs it hance prekindergarten programs for 3, 4, and tant. shall consider the following: 5-year old children, such as Even Start pro- If my colleagues think education is ‘‘(A) The need to establish or expand a pre- grams.’’. expensive, they ought to see how ex- kindergarten program. Mr. GOODLING (during the reading). pensive ignorance is, because we see ‘‘(B) Hiring individuals to work with chil- Mr. Chairman, I ask unanimous con- what is happening, whether it be the dren in the prekindergarten program who are sent that the amendment to the businesses in my district along the teachers or child development specialists amendment be considered as read and Houston ship channel trying to hire certified by the State. ‘‘(C) The ratio of teacher or child develop- printed in the RECORD. students or like my colleague from The CHAIRMAN pro tempore. Is California said earlier, young people ment specialist to children not exceeding 10– 1. there objection to the request of the who graduate from high school to join ‘‘(D) Developing a sliding fee schedule to gentleman from Pennsylvania? our military, we need to make sure ensure that the parents of a child who at- There was no objection. they are qualified and they are ready tends a prekindergarten program established Mr. GOODLING. Mr. Chairman, in its to go into business and industry or else under this section share in the cost of pro- present form, the Andrews amendment to serve their country. viding the prekindergarten program, with lays the groundwork for expanding pre- Again, this is just a partial success, the amount of such contribution not to ex- kindergarten programs by developing a but we have thousands of students all ceed $50 each week that a child attends such specific set of criteria that schools over the country who are not served by program. must consider when using Title I Title I and this authorization increase ‘‘(E) That none of the funds received under money for pre-K programs under this title may be used for the construction or would be a great first step. renovation of existing or new facilities (ex- schoolwide reform. Mr. CROWLEY. Mr. Chairman, I cept for minor remodeling needed to accom- My second-degree amendment main- move to strike the requisite number of plish the purposes of this subsection). tains the language that allows schools words. ‘‘(F) Using a collaborative process with or- to use funds under the schoolwide pro- Mr. Chairman, I, too, wanted to rise ganizations and members of the community gram to establish or enhance pre- on this amendment, the Roemer-Quinn- that have an interest and experience in early kindergarten programs but strikes the

VerDate 12-OCT-99 04:54 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.067 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10641 specific set of criteria. In other words, ‘‘(B) to enable eligible children to meet ‘‘SEC. 1134. LIMITATION ON CONDITIONS; PRE- my amendment explicitly says that challenging State curriculum, content, and EMPTION. student performance standards. Nothing in this subpart shall be construed schools can use Title I money to estab- to preempt any provision of a State constitu- lish or enhance prekindergarten pro- ‘‘(5) TUTORIAL ASSISTANCE PROVIDERS.—The term ‘tutorial assistance provider’ means a tion or State statute that pertains to the ex- grams for 3-, 4- and 5-year-old children, public or private entity that— penditure of State funds in or by religious including such programs as Even Start. ‘‘(A) has a record of effectiveness in pro- institutions.’’. In doing so, it provides schools with viding tutorial assistance to school children; Mr. PETRI. Mr. Chairman, this the necessary flexibility that is needed or amendment establishes a pilot program to run a schoolwide program without ‘‘(B) uses instructional practices based on that allows up to 10 States or school dictating a series of additional require- scientific research. districts with the approval of their re- ments. I understand that the gen- ‘‘SEC. 1132. CHILD CENTERED PROGRAM FUND- spective State legislatures and gov- tleman from New Jersey is supportive ING. ernors to convert Title I into a port- of this change and I appreciate his ‘‘(a) FUNDING.— able benefit, one that follows the child work on the issue. ‘‘(1) IN GENERAL.—Notwithstanding any to the education service chosen by his b other provision of law, the Secretary shall or her parents. The amendment gives 1400 grant to the first 10 States that meet the re- interested States wide latitude to vary Mr. ANDREWS. Mr. Chairman, will quirements of paragraph (2) the authority to the amount of the benefit according to the gentleman yield? use funds made available under subparts 1 Mr. GOODLING. I yield to the gen- and 2, to carry out a child centered program factors such as differences in cost of tleman from New Jersey. under this subpart on a Statewide basis or to services in different areas of the State, Mr. ANDREWS. I appreciate the gen- allow local educational agencies in such differences in educational needs of stu- State to elect to carry out such a program tleman from Pennsylvania’s bipartisan dents, or a desire to place priority on on a districtwide basis. selected grades. cooperation. I believe this is a good ‘‘(2) REQUIREMENTS.—To be eligible to par- step forward. I would yield back to the The amendment also provides wide ticipate in a program under this subpart, a latitude in the types of educational gentleman and thank him for his help. State shall provide to the Secretary a re- The CHAIRMAN pro tempore (Mr. quest to carry out a child centered program services which may be covered. This LATHAM). The question is on the and certification of approval for such par- amendment does not require States to amendment offered by the gentleman ticipation from the State legislature and provide benefits to all poor students re- from Pennsylvania (Mr. GOODLING) to Governor. gardless of educational need, as some the amendment offered by the gen- ‘‘(b) PARTICIPATING LOCAL EDUCATIONAL have indicated. States are explicitly al- tleman from New Jersey (Mr. AN- AGENCY ELECTION.—If a State does not carry lowed to target the funds as they wish. out a child centered program under this sub- DREWS). Therefore, this provision will not nec- part, but allows local educational agencies essarily dilute the assistance provided The amendment to the amendment in the State to carry out child centered pro- was agreed to. to current Title I recipients. In fact, grams under this subpart, the Secretary Mr. Chairman, States can increase tar- The CHAIRMAN pro tempore. The shall provide the funds that a participating question is on the amendment offered local educational agency is eligible to re- geting to those students with the by the gentleman from New Jersey ceive under subparts 1 and 2 directly to the greatest educational need if they so (Mr. ANDREWS), as amended. local educational agency to enable the local wish. The amendment, as amended, was educational agency to carry out the child Similarly, the amendment need not agreed to. centered program. threaten school-wide programs. For ex- AMENDMENT NO. 42 OFFERED BY MR. PETRI ‘‘SEC. 1133. CHILD CENTERED PROGRAM RE- ample, States could provide that any Mr. PETRI. Mr. Chairman, I offer an QUIREMENTS. child attending a school with a school- amendment. ‘‘(a) USES.—Under a child centered wide program must use his or her Title The CHAIRMAN pro tempore. The program— I benefit to pay for that program. If the Clerk will designate the amendment. ‘‘(1) the State or participating local edu- State also provides public school The text of the amendment is as fol- cational agency shall establish a per pupil choice, it would then get some highly lows: amount based on the number of eligible chil- useful market-based feedback on the dren in the State or the school district perceived value of those school-wide Amendment No. 42 offered by Mr. PETRI: served by the participating local educational After section 1128 of the Elementary and agency; and programs. Secondary Education Act of 1965, as proposed ‘‘(2) the State or participating local edu- The child-centered benefit might be to be added by section 126 of the bill, insert cational agency may vary the per pupil more difficult in the current program the following: amount to take into account factors that to administer, but I prefer to let the SEC. 127. ESTABLISHMENT OF PILOT CHILD CEN- may include— States and school districts decide TERED PROGRAMS. ‘‘(A) variations in the cost of providing whether the benefit of this approach Part A of title I is amended by adding at education services in different parts of the the end the following: exceeds any such costs. State or the school district served by the The basic philosophy of this amend- ‘‘Subpart 3—Pilot Child Centered Program participating local educational agency; ment is that if something is broken we ‘‘SEC. 1131. DEFINITIONS. ‘‘(B) the cost of providing services to pupils ‘‘In this subpart: with different educational needs; or should allow people to try to fix it. I ‘‘(1) ELIGIBLE CHILD.—The term ‘eligible ‘‘(C) the desirability of placing priority on am not sure if there ever really was a child’ means a child who— selected grades; and time when Title I was unbroken, but it ‘‘(A) is an eligible child under this part; ‘‘(3) the State or the participating local is certainly broken now. There are and educational agency shall make available a some places where it works, including ‘‘(B) the State or participating local edu- certificate for the per pupil amount deter- some in my own district, but on the cational agency elects to serve under this mined under paragraphs (1) and (2) to the whole studies show that the $120 billion subpart. parent or legal guardian of each eligible we have spent on this program over the ‘‘(2) PARTICIPATING LOCAL EDUCATIONAL child, which certificate shall be used for edu- years has failed the children that it AGENCY.—The term ‘participating local edu- cation services for the eligible child that cational agency’ means a local educational are— was supposed to help. agency that elects under section 1132 to ‘‘(A) subject to subparagraph (B), provided It is time to let the States try some- carry out a child centered program under by the child’s school, directly or through a thing different, and it is especially ap- this subpart. contract for the provision of supplemental pealing to allow experimentation when ‘‘(3) SCHOOL.—The term ‘school’ means an education services with any governmental or we have so little clues when it is so un- institutional day or residential school that nongovernmental agency, school, postsec- likely that we will do worse than the provides elementary or secondary education, ondary educational institution, or other en- current program. as determined under State law, except that tity, including a private organization or And what is the heart of the experi- such term does not include any school that business; or ment allowed by this amendment? It provides education beyond grade 12. ‘‘(B) if requested by the parent or legal ‘‘(4) EDUCATION SERVICES.—The term ‘edu- guardian of an eligible child, purchased from gives power to parents. If education bu- cation services’ means services intended— a tutorial assistance provider, or another reaucracies have not helped their chil- ‘‘(A) to meet the individual educational public or private school, selected by the par- dren, why not give some decision-mak- needs of eligible children; and ent or guardian. ing power to parents? To those who

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.071 pfrm02 PsN: H21PT1 H10642 CONGRESSIONAL RECORD — HOUSE October 21, 1999 argue poor parents cannot make good also, when we look at the real amount who cannot afford it. We see that in decisions, I reply that that represents authorized in this amendment for Golden Rule in Indiana with Pat Roo- the kind of bureaucratic paternalism vouchers, it certainly would be too ney. He has put together scholarship that has failed practically everywhere small for poor families who actually funds. We see Ted Forstman and others it has been applied. To those who argue send their children to private schools do this. The demand is far exceeding. that the likely per-child benefit on the where the tuition is usually quite high. There are supplemental ways to get the order of some $650 is not a lot, well I I think rather than diverting funds income in. Some sacrifice for the par- reply that it is something, and some- to private schools, we should be invest- ents. They are voting with their feet, thing is better than nothing. ing additional resources to public and not every school costs like St. Al- It will offer some choices and give schools where over 90 percent of Amer- bans, where our vice president may parents some power and the responsi- ica’s children learn every day. We de- send his children or like the private bility to play some direct role in the feated by a very sound margin earlier schools in Washington where Members education of their children. The money today the Armey amendment, and as of Congress may send their children or could pay for supplementary services my colleagues defeated that amend- the private schools around the country from a variety of sources including a ment, I would urge my colleagues to where the affluent send their children. child’s own public school. It could even defeat the Petri amendment. There are many lower cost private be used by a private school student to Mr. SOUDER. Mr. Chairman, I move schools where people, apparently the pay for an exemplary after-school or to strike the last word. only people who can have those choices Saturday morning program at a public (Mr. SOUDER asked and was given are middle-class and upper-class par- school. We should never assume that permission to revise and extend his re- ents, not the lower-income people who the public schools could not compete marks.) need the desperate education. for these dollars. But if some parents Mr. SOUDER. Mr. Chairman, I rise in Furthermore, let me make clear that decided that the best option for their strong support of the amendment of- it is not a matter of just this sudden children was to apply their $650 toward fered by my friend, the gentleman from abandonment of the public schools. We private school tuition rather than sup- Wisconsin (Mr. PETRI), and it has been are not going to wipe out our Federal plementary services of any kind and a privilege to work with him in com- education programs for the public that $650 made the difference in ena- mittee and here on the floor. schools because even if we maximized bling them to afford the tuition, I be- I support this amendment because I private school choice, for multiple rea- lieve we owe it to their children to believe our Nation’s students will im- sons it would probably never hit in this allow them to make that choice. measurably be benefited when Federal country. If we had a pure voucher sys- Some decades ago, Mr. Chairman, money begins to follow the child. This tem, more than 20 percent. many folks used the slogan: Power to is a proposal that has been floated for I went to public schools; my kids are the People. Of course, they really a number of years by Checker Finn and in public schools. Most people are not meant power to themselves claiming to others. It has been supported by the going to abandon their local school. It is close, they know the teachers, they represent the people. This amendment Heritage Foundation and is hardly a are invested in it. But denying those provides real power to the people and strange concept. We have a similar ap- who have the most at stake who most one of the strongest kind, purchasing proach in college funding called Pell need the best education possible the power. In every other case where indi- grants named after former Senator possibility of even having a pilot pro- vidual consumers make decisions, we Claiborne Pell, a Democrat. Out of def- gram that would have to clear State get better and cheaper goods and serv- erence to my friend from Michigan, I legislature and a governor and give ices. Why not try that in compensatory guess we will not call these Kildee them an opportunity that if they can education? grants, but it is not a new concept that find a place where they can take this Remember, this is a pilot program. we would have the money follow the voucher or at least have the leverage We are trying a different approach. If it student and follow the child. We have to go to the school and say, I might does not work, we can return to the done this in college education for years take my child out if you do not respond drawing board and consider other op- and have not disrupted public edu- to some of my concerns, to deprive the tions; but if it does work, Mr. Chair- cational colleges, and it has strength- powerless of any power over their man, if it does make a difference to our ened in fact the choices that parents school systems, they often have very educationally disadvantaged students, have. This amendment simply allows 10 little control over the school boards al- then it means that today with this bill ready. They are ignored by the prin- in this 106th Congress we will have sig- States to experiment with a new pilot program. One would think that we cipals; they are ignored by the teach- nificantly affected the future of Amer- ers. At least if they could take their were trying to gut the schools rather ica and of her children. What have we money like a middle-class or an upper- than saying if the legislature and the got to lose? class family and say, I might leave, I urge all my colleagues to support governor decide in a few pilot States perhaps they would be listened to. this amendment. that they want to experiment that Why would we take the most power- Mr. KILDEE. Mr. Chairman, I rise in they should be allowed to do so. less in this society and say, everybody I believe in choice. I believe in public opposition to the amendment offered but you gets a choice, but not you. by the gentleman from Wisconsin. school choice. I believe in private Mr. Chairman, I include the following Mr. Chairman, for similar reasons on school choice, and one of the most as- for the RECORD: the Armey amendment I rise to oppose tounding things that is happening in [From the Public Interest, Fall, 1998] my good friend from Wisconsin’s (Mr. America is watching in the urban cen- THOMAS B. FORDHAM FOUNDATION PETRI) amendment. We have already ters in particular the rapid growth of WASHINGTON VERSUS SCHOOL REFORM voted on the issue of private school African American and other minority (By Chester E. Finn, Jr., and Michael J. vouchers both in committee and earlier school choice programs run by locals Petrilli) today on the floor; and in both times, who are concerned that their kids are [Note: This is the original manuscript and Mr. Chairman, the amendments were not getting the education. It is not suf- has been heavily edited by the Public In- defeated overwhelmingly. ficient to say that the dollars that go terest.] The Petri amendment would allow to Title I to the student is not enough ‘‘Promiscuous’’ is an overused word in Title I funds to be diverted from the to cover the tuition. Washington these days, but it aptly de- poor public schools to be used for pri- The fact is in Cleveland, when the scribes the trend in federal education policy- vate school vouchers in 10 States. We court just threw out their private both at 1600 Pennsylvania Avenue and on all know that vouchers do raise the school support program, the parents Capital Hill. The 1990’s have seen the wanton usual constitutional issues, and others worked together to come up with that transformation of innumerable notions, fads and impulses into new government programs argue also that they could jeopardize money because they are very concerned and proposals for many more such. Since in- the independence of our private schools about the quality of education for their auguration day, 1993, the Clinton administra- and certainly undermine the adminis- students. The Catholic church for years tion alone has embraced dozens of novel edu- tration of the Title I program; and has subsidized members of their parish cation schemes, including subsidies for state

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.074 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10643 academic standards, tax credits for school cause one wants to overhaul or—quel drug free schools, the Eisenhower profes- construction, paying for teachers to be ap- horreur—scrap some dysfunctional program sional development program, and scores praised by a national standards board, hiring or disrupt an established interest. Democrats more. 100,000 new teachers to shrink class size, en- have long tended to solve education prob- These programs mostly began under Lyn- suring ‘‘equity’’ in textbooks, collecting gen- lems by hurling new programs at them. don Johnson (and up now no Republican Con- der-sensitive data on the pay of high school When Republicans briefly and clumsily tried gress has had a crack at them), but their coaches, boosting the self-esteem of rural a surgical approach in 1995, they wounded support has been bipartisan. Richard Nixon students, establishing a Native Hawaiian themselves (for seeking to trim the school presided over a significant expansion of aid education Council, connecting every class- lunch program and scrap the federal edu- to college students. Gerald Ford signed the room to the Internet, developing before-and cation department, etc.) They, too, have burdensome ‘‘special education’’ bill into after-school programs, forging mentoring re- mostly retreated from the operating room to law. lationships between college students and the program delivery room. Even when they The Reagan and Bush administrations pro- middle schoolers, increasing the number of propose a radical innovation, such as Paul posed to return control to states and local- school drug-prevention counselors, requiring Coverdell’s education savings account (which ities. They found early success—federal K–12 school uniforms, and fostering character would lightly subsidize private school at- education spending declined 21 percent in education. ‘‘Superintendent Clinton’’ has tendance), they no longer offer it instead of real terms between 1980 and 1985. But funding also supported the Family Involvement Part- an obsolete program; it is nearly always an for these programs then skyrocketed 28 per- nership, the America Reads partnership. addition to the federal nursery. cent from 1985 to 1992, and another 14 percent Lighthouse Partnerships (for teacher train- (3) Gridlock over the tough ideas that during Clinton’s first term. Their complexity ing), HOPE Scholarships, Presidential Hon- might actually effect change. One serious re- grew, too. The 1994 version of the Elemen- ors Scholarships, Americorps, Voluntary Na- form strategy focuses on standards and ac- tary and Secondary Education Act—passed tional Tests, Education Opportunity Zones, countability, the other on school choice and just a few weeks before the GOP won control and Comprehensive School Reform Grants. diversification. It’s not hard to design a of Congress—sprawled over 1000 pages. And that’s just a selection from the brim- shrewd blend, combining national standards Today, the federal government currently ming smorgasbord. with radical decentralization and merging spends $100 billion per year on over 700 edu- But Mr. Clinton is not alone. Nor is policy tough accountability measures with school cation programs spanning 39 agencies. The promiscuity indulged in only by lusty Demo- choice. But politicians with an eye on their Department of Education manages roughly crats. Roving-eyed Republicans in Congress ‘‘base’’—or an upcoming primary—won’t one-third of this money and employs close to have proposed, inter alia, slashing class size, yield an inch on their pet schemes and aver- 5000 people. ending social promotion, legalizing school sions. Unable to reach agreement on genuine CHANGING PROBLEMS, UNCHANGING PROGRAMS prayer, replacing textbooks with laptops, reforms, they reach instead for crowd-pleas- funding environmental education, paying for The underlying assumptions of the federal ers. role in education have not changed since school metal detectors, and creating a new (4) The marginal nature of the federal role LBJ occupied the Oval Office. Increasing ac- literacy program. in education. Washington furnishes just cess to more and more services—rather than As education has ascended the list of pol- seven percent of the K–12 education budget. boosting achievement and productivity—is icy issues that trouble voters, politicians of Federal officials know very well that noth- the primary mission. States and localities every stripe have predictably lunged for it. ing they do will have great impact. Since are assumed to be unjust, stingy, and stub- This has led Washington officials to shoulder they’re not ultimately responsible for what born. Top-down regulations and financial in- problems and embrace initiatives that once happens in the schools, heedlessness comes centives are assumed to be the surest ways were deemed the proper province of states easy to them. They rarely behave quite so to induce change. And Uncle Sam’s primary and communities (or individual schools and immaturely in policy areas where Uncle Sam clients are assumed to be school systems, families). The federal education policy arena plays the lead role, such as national defense, not states and municipalities, and certainly has come to resemble a vast flea market, Social Security and international trade. where practically any program idea can be not children and families. put on display and offered for purchase with- HOW WE GOT HERE It’s remarkable how stable these assump- out regard to its soundness or effectiveness. Because the Constitution assigns Wash- tions have been despite thirty-plus years of As at a flea market, there’s plenty of old ington no responsibility whatsoever for edu- failure. America’s schools remain perilously stuff hanging around, too. Once created, edu- cation, the federal role is guided by no gen- weak. Whether one looks at worldwide math cation programs seldom disappear, no matter eral principles. It just grew. This property and science results, comparisons of ‘‘value how poorly they accomplish their stated pur- never had a master plan, an architectural de- added’’ over time, or other indices of poses and no matter what harm they may do sign or even a central structure, just a series achievement, they simply don’t measure up- along the way. of random sheds, annexes and outbuildings. except in spending, where U.S. outlays per- It’s not that their authorizers and appro- Though some early construction can be pupil are among the planet’s loftiest. Domes- priators are ignorant. The major programs found as far back as the Northwest Ordi- tically, our National assessment results are have been evaluated time and again. Count- nance of 1787 and the creation of land-grant mediocre-to-dismal, and the achievement less studies have shown that most of them, colleges in 1862, the federal role in education (and school completion) levels for minority for all their laudable ambitions and fine- is essentially a late Twentieth century de- youngsters and inner-city residents are cata- sounding titles, do little or no good. What sign. Indeed, save for vocational education, strophic. In Ohio, for example, the school then accounts for this risky—even reckless— the G.I. bill, the post-Sputnik ‘‘national de- districts of Cleveland, Youngstown, and Day- behavior? Why can’t federal officials keep fense education act,’’ and, of course, the ju- ton are all posting drop-out rates of greater their wallets zipped? Today’s promiscuous diciary’s deep involvement in school than 40 percent. Nationally, a staggering 77 approach has four main origins: desegration, the federal role as we know it is percent of fourth-graders from high-poverty (1) The clamor for someone to do some- a creation of the mid-sixties, of Lyndon urban schools cannot read at a basic level. thing. Education is clearly a problem. Solv- Johnson’s Great Society. The achievement gap between the rich and ing that problem ranks high with voters and The major legislation of the day included poor and between whites and minorities has taxpayers. The simplest way to give at least Head Start (1964), the Elementary and Sec- not closed; it may even be growing. After the appearance of action is to propose an- ondary Education Act (1965), the Higher Edu- three decades, billions of dollars, and thou- other program or three. Of course, this im- cation Act (1965), the Bilingual Education sands of pages of statutes and regulations, pulse isn’t confined to Washington. Many Act (1968), and, soon after, the Education for we have astonishingly little to show for the governors, legislators, mayors and aldermen All Handicapped Children Act (1975). All effort. have spent their way into citizens’ hearts these programs sought to expand access to One might think policy makers would take with pricey education programs. As the 1998 education for needy or impoverished seg- notice. One might suppose they would de- election draws closer, reports the Wash- ments of the population—and to disguise mand a fundamental overhaul, a thorough ington Post, local, state, and national can- general aid to schools as help for the dis- hosing-out of this Augcan stable of feckless didates of both parties are stumbling over advantaged. The dozens of programs created programs and greedy interest groups. But one another with promises to shrink third by these five statutes (and their subsequent one would be wrong. In a spectacular exam- grade classes, build new classrooms, launch reauthorizations) script the federal role in ple of throwing good money after bad and re- after-school programs, etc. education today. fusing to learn from either experience or re- (2) Devotion to focus group fancies and That role will soon be up for review. The search, the scores of program proposals made pollsters’ pointers. The public is vague about 106th Congress will reauthorize the center- within the past few years simply extend—in- how it wants education to change, and rather piece Elementary and Secondary Education deed deepen—the familiar trend. naive about the sources of its problems. The Act (E.S.E.A.) and its $11 billlion worth of The recent proposals and new programs easiest, surest way to appeal to voters is to programs, accounting for fully a third of the don’t sound exactly like the old ones. Al- offer to do something with instant, intuitive Education Department’s budget. Out of 69 K– though the basic approach is the same, the appeal, like shrinking classes or refurbishing 12 programs currently administered by that language has been updated. Today’s pro- buildings, even if that something won’t actu- agency, 47 are authorized by E.S.E.A. Title I, grams are generally mooted in phrases that ally solve any real problems. One thereby the largest of them at nearly $8 billlion, is focus groups favor, such as ‘‘comprehensive avoids being labeled ‘‘anti-education’’ be- included, as are bilingual education, safe and services,’’ ‘‘mentoring’’ and ‘‘literacy.’’

VerDate 12-OCT-99 04:54 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.014 pfrm02 PsN: H21PT1 H10644 CONGRESSIONAL RECORD — HOUSE October 21, 1999 Most of them fall under three headings: ‘‘bureau of community learning centers’’ to forms and profound power shifts. Surveys ‘‘partnerships’’ that mask government activ- manage this process? make it plain that voters, taxpayers and par- ism under complex organizational links; the MINDING OTHER PEOPLE’S BUSINESS ents are hungry for charter schools, for end- extension of services into new domains; and Far from being stodgy, recalcitrant and ig- ing social promotion, for tougher discipline, the adoption by Uncle Sam of duties and re- norant, the states today are bubbling labs of for more attention to basic skills, and for sponsibilities that were once the province of education reform and innovation. Informa- school choice. Privately-funded voucher pro- states and communities. tion about promising programs gets around grams are booming, with hundreds of mil- ‘‘PARTNERSHIPS’’ the country in a flash. A few years ago no lions of philanthropic dollars now being lav- ‘‘Partnership,’’ the pollsters assure us, is a states produced school-by-school ‘‘report ished on them and thousands of children in ‘‘warm’’ term that focus groups adore. Upon cards’’; now at least a dozen do. Five years queues for lotteries to participate. Two cit- examination, though, most ‘‘partnerships’’ ago, only eight states had charter school ies have publicly-funded voucher programs, turn out resemble what used to be called laws. Today, 33 have enacted them. This and more soon will. Charter schools are ‘‘bureaucracies.’’ Consider the ‘‘Lighthouse copycat behavior can be seen even at the mu- spreading like kudzu. And opinion leaders Partnerships’’ for teacher training, proposed nicipal level. Chicago’s successful account- from newspaper columnists to business lead- by the Clinton administration and supported ability plan—ending social promotion and ers to college presidents—are signaling their by several Republicans (and soon to be en- requiring summer school for those who own readiness to try something very dif- acted). Washington’s dollars would allow failed—is being mimicked by dozens of com- ferent. ‘‘model’’ colleges of education to ‘‘partner’’ munities, just as Chicago’s dramatic new Into this shifting landscape will soon drop with weaker ones. They would also ‘‘part- school governance scheme (with the mayor the periodic reauthorization of the Elemen- ner’’ with state education agencies, local in charge) is being adapted for use in other tary and Secondary Education Act. The fed- school districts, and non-profit organiza- communities. Yet the tendency in Wash- eral role in education could be almost en- tions. All these new partners would sup- ington is still to nationalize problems and tirely reshaped via this one piece of legisla- posedly work together to improve teacher programs that states and communities are tion. But will it be? training. capable of tackling. Plenty of political obstacles block the path Nobody can quite explain why federal fund- When, for example, did class size become a to a true overhaul. Three decades of doing ing is necessary for them to cooperate. They federal issue? It’s states and communities things one way creates huge inertia, and are all supposed to be improving teacher that hire and pay teachers. It’s states and every program, indeed every line in this end- training in the first place. Nor is it clear communities that make the trade-offs, de- less statute, now serves an entrenched inter- that anything real will result from their ciding, for example, whether they would pre- est or embedded assumption. Still, that was newly-subsidized bonding. Will teachers be fer a large number of inexperienced, low-cost also true of welfare a few years back, and tested on more difficult material? Will teachers or a smaller number of pricey vet- Washington was able to muster the will and schools of education be held accountable for erans. Long before Mr. Clinton (and, for the imagination to change it anyway—once pol- producing teachers who know their stuff? Republicans, Congressman Bill Paxon) de- icymakers understood that the old arrange- Will students learn more? No one can be cided that smaller classes are better, several ment had failed and allowed themselves to sure, since the stated mission of the program states were headed this way on their own. visualize a different design. is simply to encourage institutions to hook And while the idea is undeniably popular What would a different approach to the up with one another. What is certain is that with parents, state class-size reduction ini- federal role in K–12 education look like? We teacher training colleges and other pillars of tiatives have shown that its efficacy is un- see three basic strategies. the education establishment will reap added sure and its unintended consequences numer- BLOCK GRANTS financial benefits. The traditional monopoly ous. Pete Wilson’s class size reduction plan Instead of myriad categorical programs, will be strengthened and the teacher quality for California, for example, prompted a mass each with its own regulations and incentives problem, far from being solved, will likely be exodus of experienced teachers from inner- to prod or tempt sluggish states and cities exacerbated. city schools to posh suburbs, leaving dis- into doing right by children, what about COLONIZING NEW TERRITORY advantaged kids with even less qualified trusting the states (or localities) with the The President recently trotted out a pro- teachers than before. Teacher shortages are money? do federal officials really know bet- posal to support ‘‘community learning cen- now rampant and thousands of people have ter than governors and mayors what the top ters’’ that tutor students and provide them received ‘‘emergency waivers.’’ Instead of education reform priorities of Utica or Hous- with a safe place to go after school. It’s hard remedying the real teacher crisis—the lack ton or Baltimore should be? The block grant to fault the impulse (though like most ‘‘com- of deeply knowledgeable instructors—it has strategy rests on the belief that, while states pensatory’’ efforts it may let the original made the situation worse. and communities may crave financial help malefactors off the hook—why is it that Research on class size is also inconclusive. from Washington to solve their education most public schools close by 3 p.m.?). But is Most studies show no systematic link be- problems, they don’t need to be told what to there a compelling reason for the federal tween smaller classes and higher achieving do. government to fund them? And won’t Uncle pupils. The versions that seem to yield the Block grants can be fashioned without cut- Sam’s embrace prove to be a chokehold? greatest gains are those that slash class size ting aid dollars at all. (Indeed, by reducing If there is any sure lesson from these years below fifteen kids. Such an expensive propo- the overhead and transaction costs of dozens of experience, it is that regulatory entangle- sition must be weighed against the oppor- of separate, fussy programs, they should en- ments follow federal funding. New programs tunity costs of other programs, strategies, or able more of the available resources to go to bring unaccustomed mandates, fresh condi- initiatives that could be funded. Some com- direct services to children.) Rather, they tions and additional rules. We’ll wake up one munities might decide the price is worth it, amalgamate the funding of several programs day to learn that the new after-school cen- while others would rather use their incre- and hand it to states (or communities) in ters must be accredited, or staffed by cer- mental dollars in different ways. lump sums that can be spent on a wide range tified teachers (or unionized teachers); they But Mr. Clinton’s across-the-nation plan of locally-determined needs. In so doing, can be sponsored only by secular organiza- does not allow for such delicate and decen- they dissolve meddlesome categorical pro- tions; their buildings must be built or tralized decision-making. While the Presi- grams in pools of money. rehabbed by workers paid the ‘‘prevailing’’ dent often uses words like ‘‘autonomy’’ and Block grants also rid the nation of harmful union wage; they will have to teach diversity ‘‘accountability,’’ his proposal would micro- programs, which get dissolved in the same and conflict resolution, saving the environ- manage school staffing and budget priorities pools. Do federal taxpayers really need to be ment, or esteem-building via ‘‘cooperative from Washington. funding the development of TV shows for learning.’’ Once upon a time, Uncle Sam provided kids? How about the sustenance of ‘‘model’’ Are there compelling benefits that out- some real leadership in educational innova- gender-equity programs? Are ‘‘regional edu- weigh these costs? Perhaps some esoteric ex- tion. Now that the states are taking charge, cation laboratories’’ still needed to dissemi- pertise that the federal government is privy the feds appear disoriented, playing ‘‘me nate reform ideas in the age of the Internet? to when it comes to after-school tutoring? too.’’ And not just with respect to class size. Block grants come in every imaginable We have not spotted it. The only real asset From ending social promotion, to adopting size and shape. If all the programs in Washington has to offer to education is school uniforms, to implementing account- E.S.E.A. were combined into a single one, at money. But at present the states have more ability systems, Washington now reverber- 1999 appropriation levels the average state of that than they really need. Their com- ates with echoes of state and local initia- would receive $220 million per annum to use bined surplus was estimated by the National tives. as it saw fit. Earlier this year, the Senate Conference of State Legislatures at $28.3 bil- A CHANCE TO REPENT passed a somewhat smaller block grant de- lion for FY 1997. With so many dollars float- A rare opportunity is at hand for a top-to- signed by Washington’s Slade Gorton, which ing around, why burden worthy programs bottom overhaul. The public seems readier assembled some 21 categorical programs into with Washington-style red tape? States, phi- for fundamental reforms in education than a block grant totaling $10.3 billion. (Facing a lanthropies, and local communities could ever before—and indeed is getting a taste of Clinton veto threat, it was later deleted by easily create after-school havens for kids and them at the grassroots level. There we can Senate-House conferees.) recruit tutors for those who need help. Why glimpse higher standards, tougher account- Block grants respect the Tenth Amend- must the Department of Education grow a ability systems, brand-new institutional ment and—in our view properly—leave states

VerDate 12-OCT-99 05:08 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.017 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10645 in the driver’s seat. They allow Uncle Sam to away from Washington, the third demands exclusive. All three would shift power away add fuel to the gas tank but they hand the vigorous federal action. It calls for Big Gov- from vested interests. All three would pro- keys to the governors. In the process, federal ernment to tackle Big Education. Think of it foundly alter the patterns established over bureaucracy is slashed—along with the state as trust-busting. the past third of a century. In reconstructing and local bureaucracies that currently serv- Even if all federal programs were block the federal role, especially its centerpiece ice the torrent of federal regulations (and granted, or voucherized, after all, the Elementary and Secondary Education Act, are paid for with overhead siphoned from fed- present power structure would still be in through these means—and deciding which eral grants before any services are provided charge. School administrators, teachers’ current programs warrant what treatment— to children). unions, colleges of education and similar we would be guided by a trio of principles: VOUCHERS groups have erected a fortress that devolu- (1) First, do no harm. This is part of the While block grants hand money and power tion may slightly weaken but will not van- Hippocratic oath, familiar to budding doc- back to the states, vouchers empower fami- quish. Lisa Graham Keegan, Arizona’s cru- tors but a solemn pledge that policymakers lies directly. Instead of writing fifty checks, sading Superintendent of Public Instruction, should make, too. Federal programs should Washington would send millions of them understands this well. By pressing for char- not impede promising state and local initia- straight to needy children and their parents, ter schools, for school choice, for capital dol- tives or contravene family priorities. (2) Consumer sovereignty. Federal aid thus helping them meet their education lars ‘‘strapped to the back’’ of individual should actually serve the needs of its puta- needs as they see fit. Vouchers shift power children, and for tough statewide standards, tive beneficiaries—primarily children and from producers to consumers. she has started to break the iron establish- This is already standard practice in federal ment grip that has long been obscured by the families—rather than the interests of the higher education policy, where an historic beguiling phrase ‘‘local control.’’ As David education system qua system. choice was made in 1972; students rather Brooks recently wrote, Keegan recognizes (3) Quality, not quantity. America has than colleges became the main recipients of that ‘‘If you really want to dismantle the largely licked the challenge of supplying federal air. A low-income college student es- welfare state, you need a period of activist enough education. Today’s great problem is tablishes his own eligibility for a Pell Grant government; you need to centralize author- that what’s being supplied isn’t good enough. (or Stafford Loan, etc.), and then carries it ity in order to bust entrenched interests.’’ The mid-sixties preoccupation with ‘‘more’’ with him to the college of his choice. That Though the agencies sometimes overstep needs to be replaced by a fixation on ‘‘bet- might mean Stanford or Michigan State, As- their bounds, few question the role of the ter.’’ Applying those principles to E.S.E.A. via sumption College or the Acme Truck Driving Justice Department and Federal Trade Com- the three strategies outlined above, here are School. The institution only gets its hands mission in combating monopoly and collu- some specifics: on the cash if it succeeds in attracting and sion in the private sector. Education is cur- Block grant. Most of today’s categorical retaining that student. rently the largest protected monopoly in our programs—and all of the pork barrel pro- The same thing could be done with federal country; a tough federal agency that presses grams—should be amalgamated into flexible programs meant to aid needy elementary for true competition might work wonders. block grants that are entrusted to states— and secondary students. The big Title I pro- What education ‘‘trusts’’ need busting? Our not to the ‘‘state education agency’’ but to gram, for example, spends almost $8 billion three leading candidates are: the governor and legislature. Most of annually to provide ‘‘compensatory’’ edu- (1) The information monopoly. Education E.S.E.A.’s 47 programs would benefit from cation to some 6.5 million low-income consumers inmost of the U.S. lack ready ac- this fate. Into the mix go myriad teacher- youngsters. That’s about $1250 apiece. What cess to reliable, intelligible information training programs, including the $800 million if the money went straight to those families about student, teacher, and school perform- Eisenhower Professional Development Pro- to purchase their compensatory education ance. By manipulating the information, the gram. Also the Safe and Drug Free Schools wherever they like: from their public or pri- establishment hides the seriousness of the Program, which has yet to yield safe or drug vate school, to be sure, but also from a com- problem. While most Americans know the free schools. Impact aid, school reform mercial tutoring service, a software com- education system is troubled, they also be- grants, technology money, facilities funds, pany, a summer program, an after-school or lieve that their local school serves its stu- arts education programs, and many another weekend program, or the local public li- dents well. This is the misinformation ma- vestige of some lawmaker’s urge to play brary? Title I would turn into millions of chine at work. There’s need for the edu- school board president should be thrown in. mini-scholarship, like little Pell grants. A cation equivalent of an independent audit— So should the regional labs, the gender-eq- similar approach could be taken to any pro- and it’s a legitimate role for the federal gov- uity programs, federally-funded TV shows, gram where individual students’ eligibility is ernment, albeit one that many Republicans and the like. Interest groups will object be- based on specific conditions: limited English in Congress have so far been loath to permit. cause they crave (and have grown dependent proficiency, disability, etc. (2) The teacher training monopoly. Due to on) the categorical aid. Also protesting will The argument for vouchers is that a pro- state licensure rules, virtually all public be the (literally) thousands of state edu- gram designed to help people in need should school teachers must march through colleges cation department employees whose salaries channel the resources directly to them, not of education en route to the classroom. As are paid by Washington. But block grants to institutions, intermediaries or experts. indicated by Massachusetts’ recent teacher- will largely remove Uncle Sam’s hands from Giving families cash empowers them while testing debacle (over 60% of those taking the the education cookie jar. States can use the also building incentives for providers to de- Commonwealth’s new certification test funds for their own reform plans. The strings velop appealing, effective programs. Further- flunked), those campuses aren’t even teach- should be very few—possibly a requirement more, they make disadvantaged children fi- ing the rudiments. Institutions other than that the money be spent on direct services, nancially attractive to schools and other traditional ed schools should be allowed to perhaps a priority for low-income kids, service providers. prepare future teachers. Knowledgeable indi- The question most often asked about maybe a commitment from the states to viduals should be allowed to bypass formal vouchers is whether families can be trusted publish their scores on the National Assess- teacher training altogether. And nobody who to do right by their own children. We think ment of Educational Progress—and states has not mastered his/her subject matter the answer is yes about 99 times out of a should have the right to convert their block should enter the classroom at all. Federal hundred and experience with publicly- and grants into vouchers if they wish. The total programs—including grants and loans to col- privately-funded voucher plans all over the value of the most obvious candidates for lege students—could wield considerable le- country seems to confirm that intuition. block-granting is (at 1998 spending levels) verage in this area. How about the administrative headache of about $3 billion, or $60 million per state. (3) Exclusive franchises. Local public linking the federal government directly to Throwing in a few other categorical pro- school monopolies need competitors. Enti- millions of families? Such huge direct-grant grams that would benefit from this treat- ties besides local school boards and state bu- programs as social security and veterans’ ment (such as the ‘‘Goals 2000’’ program, the reaucracies should be allowed to create and benefits show that this can be done. But it’s school-to-work program, and vocational edu- run schools. Private and nonprofit managers still an invitation to bureaucracy and confu- cation) would boost the total to roughly $5 should be encouraged to do so. Any school sion. billion, or $100 million per state. that is open to the public, paid for by the There are alternatives to direct relation- Voucherize. Take the three big programs public and accountable to public authorities ships between Uncle Sam and millions of aimed at helping needy individuals—Title I for its performance should be deemed a ‘‘pub- children and families, however. A hybrid for the poor, special education for the dis- lic school’’—and eligible for all forms of fed- strategy of vouchers and block grants, for abled, and bilingual education for those who eral aid. Vigorous trust-busting undeniably example, would turn the money over to don’t yet speak English well—and hand that smacks of Big Government. It’s as much a states for them to hand out in the form of money directly to the putative beneficiaries. Washington-knows-best strategy as was the vouchers. Or the whole process could be Take the annual appropriations for each pro- Great Society. But it directs that strategy outsourced to private financial services man- gram and divide by the number of students against the genuine problems of 1998 rather agers (much like the new welfare services eligible for aid. Using 1998 numbers, this than the vestigial problems of 1965. providers). would mean youngsters eligible for Title I BUST THE TRUSTS WHAT TO DO? would each receive a $1250 annual stipend. While the first two strategies loosen Uncle These approaches to the reconstitution of Those who cannot yet speak English would Sam’s grip and shift power and decisions federal education policy are not mutually receive a $130 voucher. Special education

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.021 pfrm02 PsN: H21PT1 H10646 CONGRESSIONAL RECORD — HOUSE October 21, 1999 students would receive aid in relation to the and fine tune. A few decrepit programs may There are additional steps that Mr. Clinton severity of their disability, with amounts even vanish, to be replaced by new fads and should take now to enhance incentives for ranging from $200 to $1200 in federal money. pet schemes. The bad habits of a third of a student performance in current federal pro- A family whose child is poor, disabled and century will go unconquered and the John- grams: does not yet speak English would receive a son-era conception of the federal role in edu- Renew a campaign to authorize national check in the $1600 to $2600 range, all within cation will endure for another five or six tests in fourth-grade reading and eighth- current budget levels. Such a system would years. grade mathematics. President Clinton pro- certainly empower consumers, slash federal But there could be an altogether different posed this last year, but it has languished red tape, and create a world of new edu- ending to the tale, a transformation of the because of opposition from conservative Re- cational services and providers vying for the federal education bazaar from flea-market to publicans and liberal Democrats. If he can’t attention of disadvantaged students. a consumer-focused department store. While resuscitate that proposal, then he should ask Bust the trusts. To crush the information promiscuity may well continue elsewhere in- Congress to allow individual districts and monopoly, Congress should renew the Na- side the Beltway, it plainly isn’t good for schools to administer the excellent subject- tional Assessment of Educational Progress schools or children. When it comes to edu- matter tests devised by the National Assess- (which also expires the next year) on a more cation, Federal officials should pledge them- ment of Educational Progress (which only independent basis—and authorize its gov- selves to temperance, prudence and clean liv- statewide samples of students can take now). erning board to make those standards-based ing. As the excitement over a new fourth-grade tests available to communities, schools, even reading test demonstrated last week in New individual parents. This would replace the [From the Wall Street Journal, January 20, York state, nothing concentrates the mind politically-stalemated ‘‘voluntary national 1999] of students, parents and teachers like a test. test’’ that Mr. Clinton proposed with a more THOMAS B. FORDHAM FOUNDATION Adopt, by executive order, a terrific idea flexible instrument that enjoys greater insu- CLINTON’S SCHOOL PLAN IS A GOOD START. floated by columnist Robert Samuelson: Re- lation from politicians, bureaucrats and spe- LET’S GO FURTHER quire any student who wants a federal schol- cial interests. (By Diane Ravitch) arship for college to pass a 12th-grade test of To tackle the teacher training monopoly, Every opinion poll shows that education is reading, writing and mathematics. Half of all Washington should fund alternatives to ed now the public’s top domestic priority. college students get some form of federal schools. Think of them as ‘‘charter schools’’ Every poll also shows that the public wants aid. This should not be an entitlement. If for future teachers. Uncle Sam can also schools to have higher academic standards students must pass a moderately rigorous make shoddy schools of education account- and to be safe and orderly places. So it was examination to get their college aid, there able by holding their federal aid hostage to not surprising that President Clinton would would be a dramatic and instantaneous boost graduates’ meeting minimal standards of stress education in his State of the Union ad- in incentives to study hard in high school knowledge and skill. dress last night. and junior high school. To end the exclusive franchise of local The president wants to set federal guide- Adopt, by executive order, real educational school districts and state bureaucracies, the lines for teacher training, student discipline, standards for Head Start and set better federal government should vigorously sup- school performance and promotion policy. qualifications for Head Start teachers. This port the development of thousands of charter School districts that violate the new federal preschool program was supposed to give poor schools and other supply-side innovations guidelines would risk losing their federal children a chance to catch up with their bet- (like contract schools, alternative schools, funding. Federal aid to the schools—about ter-off peers, but it has turned into a big etc.). These schools should only be sup- $20 billion—is considerably less than 10% of day-care program with no real educational ported, though, if they are held to high what Americans spend for public education, focus for the kids who need literacy and standards and operate independently from but no district is going to risk losing even numerary the most. school districts and state regulations. that fraction of its budget. Require that those who teach in federally Finally, to tilt federal incentives in the di- The White House has raided the right funded programs have a degree in an aca- rection of quality, Washington should insist issues, and it is about time. In the 34 years demic subject and pass a test of subject-mat- that all students seeking federal college since Congress passed the Elementary and ter knowledge and teaching competence. grants and loans first pass a rigorous high Secondary Education Act, federal money has This should apply to all teachers, not just school exit exam. Students will not get seri- been spread to as many districts as possible the newly hired. ous about academics until there are palpable with scant regard for whether its bene- Mr. Clinton has described some important consequences linked to academic standards— ficiaries—especially poor kids—were actu- changes for American education. Whether or an obvious point that has been hammered ally learning anything. For too many years, not Congress endorses his plan, he has point- home by (among others) the perceptive col- federal aid to the schools has been both bur- ed the national discussion about education umnist Robert Samuelson and the late densome and ineffective. Now the president in the right direction, toward standards and teacher union chief, Albert Shanker. (This wants to establish quality standards to ac- accountability. If we can add to that a will also serve to hold voucher schools to company the federal aid. strong dose of deregulation, choice and com- high academic standards—as their business This proposal makes some important petition, we will be on the road to edu- will dissipate if their graduates cannot ma- points: Schools should never have started cational renewal. triculate to college.) promoting kids who have not mastered the Mr. GOODLING. Mr. Chairman, I Could trust-busting activities get out of work of their grade; they should have effec- tive disciplinary codes; they should never move to strike the requisite number of hand? Yes, indeed. Perhaps these functions words, and I do this only because I am should be overseen by an outfit one step re- hire teachers who don’t know their subject; moved from direct political influence, much and they should issue informative school re- afraid time will run out and I will not like the National Assessment Governing port cards to parents and the public. be able to thank the people who And yet experience suggests that when the Board. Maybe governors should be empow- worked day and night for 6 or 8 education lobbyists begin to influence any ered to excuse their states from these initia- months. future legislation, we can expect more regu- tives, if they attest that the cause of edu- I discovered one thing in 4 days of lation and more bureaucrats, and precious cation reform would be advanced by immu- few real standards. This is why Mr. Clinton markup and 2 days on the floor. I am nity from all Federal meddling. But we sus- must link his proposals to deregulation, thus still very, very naive after 25 years in pect that most governors would quietly wel- liberating schools from redundant adminis- this institution. But I still have 13 come as much help as they can get in com- trators, onerous regulations and excessive months to go, and maybe I will lose bating the education establishment. costs, most of which are imposed by current some of that naivete and realize that THE NEXT WELFARE REFORM? federal education programs. agreements are agreements only when The Elementary and Secondary Education The best way to do this would be to turn we say they are and they are gone 2 Act will likely be signed into law just before the key federal program for poor kids—Title the presidential election in 2000. The legisla- I—into a portable entitlement, so that the minutes later. tive process is cranking up with field hear- money follows the child, like a college schol- But I want to make sure that I thank ings and advisory panels already being con- arship. Presently, federal money goes to the people who worked around the clock vened by the Clinton administration. If 33 school district, where bureaucrats watch it, day and night on this legislation, and I years of history is any guide, the likeliest dispense it and find manifold ways to mul- want to thank Sally Lovejoy, Kent outcome will be minor tweaking of extant tiply their tasks and add to their staffs. As Talbert, Christie Wolfe, Darcy Philps, programs. They may not work—they may a portable entitlement, Title I’s $8 billion Lynn Selmser, Becky Campoverde, even do harm—but they have great momen- would allow poor children to attend the Kevin Talley, Jo Marie St. Martin, Kim tum and plenty of vested interests, and the school of their choice instead of being stuck Proctor, Vic Klatt, and Kara Haas from few members of Congress who really under- in low-performing schools. It would be a pow- stand them tend to favor the status quo. Cer- erful stimulus for school choice. At the very the staff of the gentleman from Dela- tainly the administration will do nothing to least, states should be given waivers to di- ware (Mr. CASTLE). And from the mi- rile its friends in the school establishment. rect federal money to the child, not the dis- nority I want to thank Alex Nock, So there will be plenty of proposals to tinker trict. Cheryl Johnson, Mark Zuckerman,

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.025 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10647 June Harris, Charles Barone, and Gail The question was taken; and the today’s graduate schools in science and Weiss, among others. They worked day Chairman pro tempore announced that engineering, over one-half of all of the and night, and sometimes I do not the noes appeared to have it. graduate students are from other coun- think we realize what hours staffers Mr. PETRI. Mr. Chairman, I demand tries. put in to try to bring about an agree- a recorded vote. It is clear that has to change, and the ment. In this we were trying to bring The CHAIRMAN pro tempore. Pursu- best place to have it change is in early about a bipartisan agreement. ant to House Resolution 336, further education. Mr. SCHAFFER. Mr. Chairman, I proceedings on the amendment offered My amendment is a simple amend- move to strike the requisite number of by the gentleman from Wisconsin (Mr. ment. It will not place much demand words. PETRI) will be postponed. on the educational system, but it sim- Mr. Chairman, I ask the body to con- AMENDMENT NO. 40 OFFERED BY MR. EHLERS ply will require that by the 2005–2006 sider favorably the amendment that is Mr. EHLERS. Mr. Chairman, I offer school year that science will be placed presently before us. In my opinion the an amendment. alongside of reading and math as essen- amendment offered by the gentleman The CHAIRMAN. The Clerk will des- tial subjects to be assessed in each from Wisconsin (Mr. PETRI) is without ignate the amendment. school. In other words, this will give a doubt the greatest opportunity we The text of the amendment is as fol- parents an opportunity to determine have and we have had today to convert lows: how well their schools are teaching this bill from not just a creation of a Amendment No. 40 offered by Mr. EHLERS: science and how well their students are new set of mandates imposed on local In section 1111(b)(1)(C) of the Elementary learning science, the science they must schools, but to do something much bet- and Secondary Education Act of 1965, as have if they are to be employable and ter and turn it into a good bill, and amended by section 105 of the bill, strike to contribute to the economic growth ‘‘mathematics and reading or language that is to allow freedom and flexibility arts,’’ and insert ‘‘mathematics, reading or of our Nation. for families and children who are language arts, and science,’’. I believe this is a good amendment trapped in schools that do not earn In section 1111(b)(4) of the Elementary and which will help solve a major national their confidence. Secondary Education Act of 1965, as amended problem. There is very little expense, if As my colleagues know, to hear the by section 105 of the bill, strike ‘‘mathe- any, attached to it. It simply will argument against the Petri amend- matics and reading or language arts,’’ and make clear the need for increased ment one would think that all schools insert ‘‘mathematics, reading or language teaching of science in elementary and arts, and science,’’. secondary schools, and will give us an around the country are bad. I do not In section 1111(h)(2)(A)(i) of the Elemen- think that is the case at all. I think tary and Secondary Education Act of 1965, as opportunity to assess how well the most schools are genuinely good and amended by section 105 of the bill, strike schools are doing in meeting that need. that they try very hard to create a ‘‘reading or language arts and mathe- I urge adoption of this amendment. learning environment that is in the matics,’’ and insert ‘‘mathematics, reading Mr. GOODLING. Mr. Chairman, I best interests of the children that they or language arts, and science,’’. move to strike the last word. serve. The Petri amendment acknowl- At the end of section 105 of the bill— The goal is noble. The cost we do not edges that and suggests that for those (1) strike the quotation marks and the know. According to governors it would final period; and be exorbitant. We have the cost at the children who are trapped in terminally (2) insert the following: bad schools that they do have the op- ‘‘(i) SPECIAL RULE ON SCIENCE STANDARDS present time for the math and the portunity to find a different academic AND ASSESSMENTS.—Notwithstanding sub- reading and we do not know the cost in setting, a better academic setting. sections (b) and (h), no State shall be re- relationship to science. Therefore, I It begins to regard families and par- quired to meet the requirements under this have to oppose the amendment. ents as the individuals who play the title relating to science standards or assess- Mr. HOLT. Mr. Chairman, I move to most paramount role, the most pivotal ments until the beginning of the 2005–2006 strike the requisite number of words. role in designing an academic strategy school year.’’. (Mr. HOLT asked and was given per- that is in the best interests of their Mr. EHLERS. Mr. Chairman, I want mission to revise and extend his re- children. The notion that government to point out some basic facts about marks.) knows best is what is insinuated in this science in the United States. First of Mr. HOLT. Mr. Chairman, I rise in bill and in the Title I program; and we all, more than one-half of all economic support of the amendment to include have before us right now an oppor- growth in this Nation is tied to recent science in the bill. tunity to appeal to the free market in- developments from science and tech- I rise in support of H.R. 2 which provides stincts of parents, of teachers, of stu- nology. That is, over one-half of our educational support for low-income students. dents, treating teachers like real pro- economic growth is dependent on Let me first say that I commend the bipar- fessionals, parents like customers and science and technology. tisan effort that has gone into making this a honor the freedom to teach and the lib- Our Nation’s economic future and strong bill. As a teacher and a scientist, it is erty to learn that we all believe to be our economic strength are directly refreshing for me to see Members put their important. linked to the science aptitude of our partisan differences aside to work on a bill that work force. Unfortunately, our science b will help all our children. 1415 aptitude is not good. You are aware Every child in this nation has the right to re- I would ask this body to consider that, on an international scale devel- ceive an excellent education. Furthermore, it is most seriously the opportunity that is oped through international assess- necessary for the well being of society at large before us with the Petri amendment. I ments, the United States came out for all children to receive an excellent edu- thank the gentleman for offering it, near the bottom; and, in fact, in phys- cation. and I commend him for his vision in ics it was at the bottom of the 15 devel- The accountability provisions for the funds trying to provide school choice and oped countries participating in the provided in this bill are critical to the success portability with these Title I dollars, evaluation. With that type of record, it of ensuring a quality education for all. because this is the only amendment we is very hard for us to keep our econ- This bill requires that judgments about have had a chance to consider that omy going. Science education must school progress be based on disaggregated measures fairness in education by the start early to prepare students for the data. That is, all at-risk subgroups of students relationship between students, not the demands of tomorrow’s jobs. But cur- must be making adequate yearly progress to- relationship between school buildings rently, schools are not teaching science ward proficiency in reading and math. or school districts or other political en- in many cases, and they are not teach- I rise in support of Mr. PETRI's amendment tities. ing it well in other cases. There are, of to include science among the subjects in I ask for the adoption of the amend- course, exceptions. Some schools do ex- which student progress and proficiency are ment. ceptionally well. But, across the coun- measured. The CHAIRMAN pro tempore (Mr. try, our science and math education is Science education has been established as SHIMKUS). The question is on the deficient and as a result, our students a national priority. amendment offered by the gentleman are falling behind other countries. Per- This Congress has supported that priority by from Wisconsin (Mr. PETRI). haps one indication of that is that in maintaining and strengthening teacher training

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 9920 E:\CR\FM\K21OC7.077 pfrm02 PsN: H21PT1 H10648 CONGRESSIONAL RECORD — HOUSE October 21, 1999 in math and science in the teacher bill we The CHAIRMAN pro tempore. supported initiatives under the Teach- passed in July. Amendment No. 40 by Mr. EHLERS is er Empowerment Act which the gen- National efforts to improve science and pending. tleman from California (Mr. MCKEON) math education are resulting in exciting new Mr. OWENS. Did we vote on that al- sponsored which highlights the need teaching methods. These hands-on methods ready? for the natural focus in the area of allow students to conduct experiments and The CHAIRMAN pro tempore. The science and particularly having teach- learn to question and discover for themselves. Committee has not voted on that yet. ers who are prepared to teach, which is Science classes are gateways for our chil- Members are still speaking in support a major problem in both science and dren to the opportunities of tomorrow. or in opposition to that amendment. math. We have too many people teach- But we need to do more. The Third Inter- Mr. OWENS. I am sorry. I thought we ing those subjects who really are un- national Math and Science Study (TIMSS) re- had voted on it. prepared. sults showed that U.S. 12th graders are lag- Mr. EHLERS. Mr. Chairman, just to Ms. WOOLSEY. Mr. Chairman, I rise in ging below the international average in wrap up, we do not have this take ef- strong support of my colleague, Mr. EHLERS', science and math. fect until 2005–2006, which is actually amendment to add science as one of the sub- Previous Congresses have encouraged after this bill expires. It is basically jects that will require State standards and as- states to establish standards for what our chil- setting the groundwork for the next sessments. dren should be learning in science. Forty bill. It will be in effect the final year I am fortunate to serve with Congressman states have standards for our children in only if we do as we normally do, and EHLERS on both the education and the science science. But only 26 are actually testing to find reauthorize the bill for an additional committees, so I know, first-hand, how com- out if the students are learning according to year. But it sets the pattern for the fu- mitted he is to improving science education in these standards. ture and gives the schools more than Mr. PETRI. Mr. Chairman, I move to this country. adequate time to prepare. strike the requisite number of words. And it needs improvement! There's a good Mr. PETRI. Mr. Chairman, reclaim- Mr. Chairman, would the author of reason why the test scores of American stu- the amendment answer a question? ing my time, I thank the gentleman for dents ranked No. 16 out of students in 21 Mr. EHLERS. Mr. Chairman, I will be his response. This would, in fact, not be countries on a recent international science ex- happy to. a mandate in the sense that its effec- amination. Mr. PETRI. Mr. Chairman, what is tive date is after the expiration date of There is also a good reason why, just last the gentleman’s response to the argu- this particular reauthorization bill, but week, Senator ROBB introduced a bill in the ment that some have made that this is this is a signal to State and local other body to create a new category of visas one more mandate, and we are at- school districts that we feel science for foreign nationals with graduate degrees in tempting to give more flexibility to education is important and to prepare high technology fields. the States, mandate that there be young people for the changing world of International graduate students would be eli- science education in addition to I guess work and to be productive Members of gible for the new ``T-visas'' if they had skills in we do mandate reading and math. our society and to be a competitive so- science and technology and a job offer with an Mr. EHLERS. Mr. Chairman, I appre- ciety, we must emphasize science edu- annual compensation of at least $60,000. ciate the question; and I also appre- cation. What's wrong with this picture? It doesn't ciate the support from the gentleman Mr. EHLERS. Mr. Chairman, if the take a rocket scientist to figure it out! from New Jersey (Mr. HOLT) and other gentleman will yield further, I thank We mustÐwe must, must, mustÐdo more Members of the body who have indi- the gentleman for stating that very to ensure that more U.S. students pursue the cated their support. Because of the well. There is no additional cost in- kinds of studies they need to have a high- shortness of time, not everyone will be volved for the States. tech, high-paying career. able to speak. Mr. PETRI. I thank the gentleman. According to the American Electronics Asso- There is a question as to whether or Mr. CASTLE. Mr. Chairman, I move ciation, the American high-tech industry has not this is another mandate. I do not to strike the requisite number of created one million new jobs since 1993. At believe it is so, because this is a matter words. the same time, the number of degrees award- of assessment. The schools are ready, The CHAIRMAN pro tempore. The ed in computer science, engineering, mathe- the teachers are ready. This is simply gentleman from Delaware (Mr. CASTLE) matics and physics have declined since 1990. saying this is an important national is recognized until 2:25 p.m. And, of the degrees awarded in these fields, priority and one of the subjects that we Mr. CASTLE. Mr. Chairman, I rise on a large percentage are going to foreign nation- should teach and which our school sys- this amendment because I am some- als; 32 percent of all master's degrees and 45 tems should assess is the knowledge what uncertain as to whether we percent of all doctoral degrees currently go to that students have acquired in the sci- should go forward with it or not. Per- foreign students. entific arena so that we know whether haps the chairman can help me with Without doubt, one of the reasons for this or not we will have an adequate work some of this. decline is that too many American students force for the future, and so that we will Let me just say a couple of things up are not studying science in the early grades. have an adequate number of scientists front. I am a total believer that in the This is particularly true of girls and minorities, and engineers as well. United States of America today that who are more than half of our student popu- So it addresses both the issue of we do have a problem in terms of lack lation. workers in the workplace, and training of basic knowledge in the area of It is predicted that by the year 2010, 65 per- for scientists. We simply need more science, I am talking about people like cent of all jobs will require at least some tech- technological workers. And then sec- me and others who were mediocre nology skills. We need to make science edu- ondly, that we will have the research- science students and not just the peo- cation a national priority. That's what the ers necessary to do the research work ple of the stature of the gentleman Ehlers amendment will do, and I urge my col- that will be necessary. In my own from Michigan (Mr. EHLERS) who are leagues to vote for it. State, they are still evaluating this among the eminent scientists in Amer- Mrs. MORELLA. Mr. Chairman, I rise in sup- amendment. The Governor is not op- ica today. I think we should all have a port of the amendment to include science as posing it, but I know he is concerned greater and broader knowledge than we one of the subjects for which states would be about it. A few other States have indi- do. required to develop standards and assess- cated a concern, and that is why we In my heart, my feeling is that some- ments. I congratulate my colleague, Mr. added the language that this does not thing like this is a good idea, devel- EHLERS, for bring this important issue to the take effect until 2005–2006. oping science and math which are attention of the whole House. PARLIAMENTARY INQUIRY somewhat related in many instances In the largest international study ever under- Mr. OWENS. Mr. Chairman, I have a which is something we need to do, par- taken of student performance in math and parliamentary inquiry. ticularly when compared to other science, the math and science skills of chil- The CHAIRMAN pro tempore. The countries. dren from the United States lagged far behind gentleman will state it. So for all of those reasons, I have a students in other countries. The results of this Mr. OWENS. Mr. Chairman, what lot of sympathy for what we are deal- study . . . called third International Mathe- amendment are we on? ing with here, and that is why we have matics and Science Study (TIMSS) . . . are

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 9920 E:\CR\FM\A21OC7.033 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10649 clear: As we prepare to enter the new millen- sey (Mr. PAYNE); Amendment No. 43 of- Scott Strickland Visclosky Serrano Stupak Waters nium engaged in a competitive global eco- fered by the gentleman from Indiana Sherman Tauscher Watt (NC) nomic marketplace, we have a severe crisis (Mr. ROEMER); Amendment No. 42 of- Shows Thompson (MS) Waxman facing our children's ability to be fully prepared fered by the gentleman from Wisconsin Sisisky Thurman Weiner for the future. (Mr. PETRI); and Amendment No. 40 of- Skelton Tierney Wexler Slaughter Towns Weygand American students don't deserve to be at fered by the gentleman from Michigan Snyder Traficant Wise the bottom when compared to their counter (Mr. EHLERS). Spratt Turner Woolsey parts in other countries. We have the oppor- The Chair will reduce to 5 minutes Stabenow Udall (NM) Wu Stark Velazquez Wynn tunity to encourage American students to rise the time for any electronic vote after Stenholm Vento to the top, where they belong. I believe that the first vote in this series. NOES—215 we must ensure that the teaching of mathe- AMENDMENT NO. 38 OFFERED BY MR. PAYNE matics at all educational levels in the United The CHAIRMAN pro tempore. The Aderholt Gilman Pitts States is strengthened and that our children Archer Goode Pombo pending business is the demand for a Armey Goodlatte Porter are adequately prepared to compete for jobs recorded vote on Amendment No. 38 of- Bachus Goodling Portman with their global peers. fered by the gentleman from New Jer- Baker Goss Pryce (OH) Education has been my personal priority. I Ballenger Graham Quinn sey (Mr. PAYNE) on which further pro- am the parent of 9 children and 16 grand- Barr Granger Radanovich ceedings were postponed and on which Barrett (NE) Green (WI) Ramstad children. I want to make sure that my grand- the noes prevailed by voice vote. Bartlett Greenwood Regula Barton Gutknecht Reynolds children can understand science and math. I The Clerk will redesignate the want them to be taught by teachers who are Bass Hall (TX) Riley amendment. Bateman Hansen Rogan enthusiastic about teaching and have been The Clerk redesignated the amend- Bereuter Hastings (WA) Rogers given professional training, who are dedicated Biggert Hayes Rohrabacher ment. and recognized for their commitment and inno- Bilirakis Hayworth Ros-Lehtinen RECORDED VOTE Bliley Hefley Roukema vation. Blunt Herger Royce If we are to stay on top as a nation, we The CHAIRMAN pro tempore. A re- Boehlert Hill (MT) Ryan (WI) must continue to promote activities that will corded vote has been demanded. Boehner Hilleary Ryun (KS) ensure economic vitality and enhanced oppor- A recorded vote was ordered. Bono Hobson Salmon Brady (TX) Hoekstra Sanford tunities for all Americans. The vote was taken by electronic de- Bryant Hostettler Saxton I urge a ``yes'' vote on the Ehlers amend- vice, and there were—ayes 208, noes 215, Burr Hulshof Schaffer ment. not voting 10, as follows: Burton Hunter Sensenbrenner The CHAIRMAN pro tempore. Pursu- Buyer Hutchinson Sessions [Roll No. 522] Callahan Hyde Shadegg ant to the rule, consideration of fur- AYES—208 Calvert Isakson Shaw ther amendments must now cease. Campbell Istook Shays Abercrombie Eshoo Markey Canady Jenkins Sherwood The question is on the amendment Ackerman Etheridge Martinez Cannon Johnson, Sam Shimkus offered by the gentleman from Michi- Allen Evans Mascara Castle Jones (NC) Shuster Andrews Farr Matsui gan (Mr. EHLERS). Chabot Kasich Simpson Baird Fattah McDermott The question was taken; and the Chambliss Kelly Skeen Baldacci Filner McGovern Chenoweth-Hage King (NY) Smith (MI) Chairman pro tempore announced that Baldwin Forbes McIntyre Coble Kingston Smith (NJ) the ayes appeared to have it. Barcia Ford McKinney Coburn Knollenberg Smith (TX) Barrett (WI) Frank (MA) McNulty Mr. GOODLING. Mr. Chairman, I de- Collins Kolbe Smith (WA) Becerra Frost Meehan Combest Kuykendall Souder mand a recorded vote. Bentsen Gejdenson Meek (FL) Cook Largent Spence The CHAIRMAN pro tempore. Pursu- Berkley Gephardt Meeks (NY) Cooksey Latham Stearns Berman Gonzalez Menendez ant to House Resolution 336, further Cox LaTourette Stump Berry Gordon Millender- proceedings on the amendment offered Crane Lazio Sununu Bilbray Green (TX) McDonald Cubin Lewis (CA) Sweeney by the gentleman from Michigan (Mr. Bishop Gutierrez Miller, George Cunningham Lewis (KY) Talent EHLERS) will be postponed. Blagojevich Hall (OH) Minge Davis (VA) Linder Tancredo Blumenauer Hastings (FL) Mink PARLIAMENTARY INQUIRY Deal LoBiondo Tanner Bonilla Hill (IN) Moakley DeLay Lofgren Tauzin Mr. HINOJOSA. Mr. Chairman, I Bonior Hilliard Mollohan DeMint Lucas (OK) Taylor (MS) have a parliamentary inquiry. Borski Hinchey Moore Diaz-Balart Manzullo Taylor (NC) Boswell Hinojosa Moran (VA) The CHAIRMAN pro tempore. The Dickey McCollum Terry Boucher Hoeffel Morella gentleman will state it. Doolittle McCrery Thomas Boyd Holden Murtha Dreier McHugh Thompson (CA) Mr. HINOJOSA. Mr. Chairman, would Brady (PA) Holt Myrick Duncan McIntosh Thornberry it be in order to ask for unanimous Brown (FL) Hooley Nadler Dunn McKeon Thune Brown (OH) Horn Napolitano consent to speak for 1 minute? Ehlers Metcalf Tiahrt Capps Houghton Neal The CHAIRMAN pro tempore. At this Ehrlich Mica Toomey Capuano Hoyer Oberstar Emerson Miller (FL) Upton point unanimous consent requests for Cardin Inslee Obey English Miller, Gary Walden Carson Jackson (IL) Olver additional debate time cannot be Everett Moran (KS) Walsh Clay John Ortiz granted in the Committee of the Ewing Nethercutt Wamp Clayton Johnson (CT) Owens Fletcher Ney Watkins Whole. Those requests can only be of- Clement Johnson, E.B. Pallone Foley Northup Watts (OK) fered in the whole House. Clyburn Jones (OH) Pascrell Fossella Norwood Weldon (FL) Condit Kanjorski Pastor Mr. HINOJOSA. Mr. Chairman, just Fowler Nussle Weldon (PA) Conyers Kaptur Payne to enter a very short statement in the Franks (NJ) Ose Weller Costello Kennedy Pelosi Frelinghuysen Oxley Whitfield RECORD; it will take me 15 seconds. Coyne Kildee Peterson (MN) Gallegly Packard Wicker The CHAIRMAN pro tempore. Under Cramer Kilpatrick Phelps Ganske Paul Wilson Crowley Kind (WI) Pickett the special order adopted by the House Gekas Pease Wolf Cummings Kleczka Pomeroy at this point the gentleman must do Gibbons Peterson (PA) Young (AK) Danner Klink Price (NC) Gilchrest Petri Young (FL) that in the House, not in the Com- Davis (FL) Kucinich Rahall Gillmor Pickering mittee of the Whole, since all time for Davis (IL) LaFalce Rangel consideration has expired. DeFazio LaHood Reyes NOT VOTING—10 DeGette Lampson Rivers SEQUENTIAL VOTES POSTPONED IN COMMITTEE Delahunt Lantos Rodriguez Camp Larson Scarborough OF THE WHOLE DeLauro Leach Roemer Jackson-Lee McCarthy (MO) Udall (CO) The CHAIRMAN pro tempore. Pursu- Deutsch Lee Rothman (TX) McCarthy (NY) Vitter Dicks Levin Roybal-Allard Jefferson McInnis ant to House Resolution 336, pro- Dingell Lewis (GA) Rush ceedings will now resume on those Dixon Lipinski Sabo b amendments on which further pro- Doggett Lowey Sanchez 1451 ceedings were postponed in the fol- Dooley Lucas (KY) Sanders Messrs. FRANKS of New Jersey, Doyle Luther Sandlin lowing order: Amendment No. 38 of- Edwards Maloney (CT) Sawyer LOBIONDO, BATEMAN, GANSKE, fered by the gentleman from New Jer- Engel Maloney (NY) Schakowsky ENGLISH, EWING, and RAMSTED

VerDate 12-OCT-99 04:54 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.062 pfrm02 PsN: H21PT1 H10650 CONGRESSIONAL RECORD — HOUSE October 21, 1999 changed their vote from ‘‘aye’’ to ‘‘no’’. Kaptur Moakley Sherwood Skeen Tauzin Watkins Kelly Mollohan Shows Smith (MI) Taylor (NC) Watts (OK) Messrs. SPRATT, LAMPSON, and Kennedy Moore Sisisky Smith (TX) Terry Weldon (FL) HOEFFEL changed their vote from Kildee Moran (VA) Skelton Souder Thomas Whitfield ‘‘no’’ to ‘‘aye’’. Kilpatrick Morella Slaughter Spence Thornberry Wicker So the amendment was rejected. Kind (WI) Murtha Smith (NJ) Stearns Thune Wolf King (NY) Nadler Smith (WA) Stump Tiahrt Young (AK) The result of the vote was announced Kleczka Napolitano Snyder Sununu Toomey Young (FL) as above recorded. Klink Neal Spratt Talent Walden Stated for: Kucinich Ney Stabenow Tancredo Wamp Kuykendall Oberstar Stark Mr. LARSON. Mr. Chairman, on rollcall No. LaFalce Obey Stenholm NOT VOTING—9 522, had I been present, I would have voted LaHood Olver Strickland Camp McCarthy (MO) Udall (CO) ``yes.'' Lampson Ortiz Stupak Jackson-Lee McCarthy (NY) Vitter Stated against: Lantos Owens Sweeney (TX) McInnis Larson Pallone Tanner Jefferson Scarborough Mrs. MYRICK. Mr. Chairman, on rollcall No. Leach Pascrell Tauscher 522, I inadvertently, pressed the ``aye'' button. Lee Pastor Taylor (MS) Mr. NEY and Mr. GALLEGLY I meant to vote ``nay.'' Levin Payne Thompson (CA) changed their vote from ‘‘no’’ to ‘‘aye’’. Lewis (GA) Pease Thompson (MS) ANNOUNCEMENT BY THE CHAIRMAN PRO LoBiondo Pelosi Thurman So the amendment was agreed to. TEMPORE Lofgren Peterson (MN) Tierney The result of the vote was announced The CHAIRMAN pro tempore (Mr. Lowey Phelps Towns as above recorded. Lucas (KY) Pomeroy Traficant SHIMKUS). Pursuant to House Resolu- Luther Price (NC) Turner AMENDMENT NO. 42 OFFERED BY MR. PETRI tion 336, the Chair announces that he Maloney (CT) Quinn Udall (NM) The CHAIRMAN pro tempore (Mr. Maloney (NY) Rahall Upton will reduce to a minimum of 5 minutes SHIMKUS). The pending business is the Markey Ramstad Velazquez the period of time within which a vote Martinez Rangel Vento demand for a recorded vote on amend- by electronic device will be taken on Mascara Reyes Visclosky ment No. 42 offered by the gentleman each amendment on which the Chair Matsui Rivers Walsh from Wisconsin (Mr. PETRI) on which has postponed further proceedings. McDermott Rodriguez Waters McGovern Roemer Watt (NC) further proceedings were postponed and AMENDMENT NO. 43 OFFERED BY MR. ROEMER McHugh Rothman Waxman on which the noes prevailed by voice The CHAIRMAN pro tempore. The McIntyre Roybal-Allard Weiner vote. McKinney Rush Weldon (PA) pending business is the demand for a McNulty Sabo Weller The Clerk will redesignate the recorded vote on amendment 43 offered Meehan Sanchez Wexler amendment. by the gentleman from Indiana (Mr. Meek (FL) Sanders Weygand The Clerk redesignated the amend- Meeks (NY) Sandlin Wilson OEMER ment. R ) on which further proceedings Menendez Sawyer Wise were postponed and on which the ayes Millender- Schakowsky Woolsey RECORDED VOTE prevailed by voice vote. McDonald Scott Wu The CHAIRMAN pro tempore. A re- The Clerk will redesignate the Miller, George Serrano Wynn Minge Shays corded vote has been demanded. amendment. Mink Sherman A recorded vote was ordered. The Clerk redesignated the amend- The CHAIRMAN pro tempore. This ment. NOES—181 will be a 5-minute vote. RECORDED VOTE Aderholt Ehlers Manzullo The vote was taken by electronic de- Archer Ehrlich McCollum The CHAIRMAN pro tempore. A re- Armey Everett McCrery vice, and there were—ayes 153, noes 271, corded vote has been demanded. Bachus Ewing McIntosh not voting 9, as follows: A recorded vote was ordered. Baker Fletcher McKeon [Roll No. 524] The CHAIRMAN pro tempore. This Ballenger Fowler Metcalf Barr Frelinghuysen Mica AYES—153 will be a 5-minute vote. Barrett (NE) Ganske Miller (FL) Aderholt Duncan McCollum Bartlett Gekas The vote was taken by electronic de- Miller, Gary Archer Dunn McCrery Barton Gilchrest vice, and there were—ayes 243, noes 181, Moran (KS) Armey Ehlers McIntosh Bass Gillmor Myrick Bachus Ehrlich McKeon not voting 9, as follows: Bateman Goode Nethercutt Baker English Metcalf Biggert Goodlatte [Roll No. 523] Northup Ballenger Everett Mica Bilirakis Goodling Norwood Barr Fletcher Miller (FL) AYES—243 Bliley Goss Nussle Bartlett Fossella Miller, Gary Abercrombie Condit Fossella Blunt Graham Ose Barton Fowler Myrick Ackerman Conyers Frank (MA) Boehner Granger Oxley Bass Franks (NJ) Northup Allen Costello Franks (NJ) Bonilla Green (WI) Packard Bereuter Gibbons Norwood Andrews Coyne Frost Bono Greenwood Paul Bilirakis Goss Oxley Baird Cramer Gallegly Brady (TX) Gutknecht Peterson (PA) Bliley Graham Packard Baldacci Crowley Gejdenson Bryant Hansen Petri Boehner Gutknecht Paul Baldwin Cummings Gephardt Burr Hastings (WA) Pickering Bonilla Hall (TX) Pease Barcia Danner Gibbons Burton Hayes Pickett Bono Hansen Peterson (PA) Barrett (WI) Davis (FL) Gilman Buyer Hayworth Pitts Brady (TX) Hastings (WA) Petri Becerra Davis (IL) Gonzalez Callahan Hefley Pombo Bryant Hayes Pickering Bentsen Davis (VA) Gordon Calvert Herger Porter Burton Hayworth Pitts Bereuter DeFazio Green (TX) Campbell Hill (MT) Portman Buyer Hefley Pryce (OH) Berkley DeGette Gutierrez Canady Hilleary Pryce (OH) Callahan Herger Radanovich Berman Delahunt Hall (OH) Cannon Hobson Radanovich Calvert Hill (MT) Reynolds Berry DeLauro Hall (TX) Castle Hoekstra Regula Campbell Hilleary Riley Bilbray Deutsch Hastings (FL) Chabot Hunter Reynolds Canady Hoekstra Rogan Bishop Dickey Hill (IN) Chambliss Hutchinson Riley Cannon Horn Rogers Blagojevich Dicks Hilliard Chenoweth-Hage Hyde Rogan Chabot Hunter Rohrabacher Blumenauer Dingell Hinchey Coble Isakson Rogers Chambliss Hyde Ros-Lehtinen Boehlert Dixon Hinojosa Coburn Istook Rohrabacher Chenoweth-Hage Isakson Royce Bonior Doggett Hoeffel Collins Jenkins Ros-Lehtinen Coble Istook Ryan (WI) Borski Dooley Holden Combest Johnson, Sam Roukema Coburn Johnson, Sam Ryun (KS) Boswell Doyle Holt Cook Jones (NC) Royce Collins Jones (NC) Salmon Boucher Edwards Hooley Cooksey Kasich Ryan (WI) Combest Kasich Sanford Boyd Emerson Horn Cox Kingston Ryun (KS) Cook King (NY) Schaffer Brady (PA) Engel Hostettler Crane Knollenberg Salmon Cox Kingston Sensenbrenner Brown (FL) English Houghton Cubin Kolbe Sanford Crane Knollenberg Sessions Brown (OH) Eshoo Hoyer Cunningham Largent Saxton Cubin Kolbe Shadegg Capps Etheridge Hulshof Deal Latham Schaffer Deal Kuykendall Shaw Capuano Evans Inslee DeLay LaTourette Sensenbrenner DeLay Largent Shays Cardin Farr Jackson (IL) DeMint Lazio Sessions DeMint Lewis (KY) Sherwood Carson Fattah John Diaz-Balart Lewis (CA) Shadegg Diaz-Balart Linder Shimkus Clay Filner Johnson (CT) Doolittle Lewis (KY) Shaw Dickey Lipinski Shuster Clayton Foley Johnson, E. B. Dreier Linder Shimkus Doolittle Lucas (OK) Skeen Clement Forbes Jones (OH) Duncan Lipinski Shuster Dreier Manzullo Smith (MI) Clyburn Ford Kanjorski Dunn Lucas (OK) Simpson

VerDate 12-OCT-99 04:54 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.089 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10651 Smith (TX) Tauzin Watkins Wilson Wolf Wu Hostettler Minge Serrano Souder Taylor (NC) Watts (OK) Wise Woolsey Wynn Houghton Mink Sessions Spence Thomas Weldon (FL) Hulshof Moakley Shaw Stearns Tiahrt Weller NOT VOTING—9 Hunter Mollohan Shays Stump Toomey Whitfield Camp Jenkins Scarborough Inslee Moore Sherman Sununu Vitter Wicker Jackson-Lee McCarthy (MO) Udall (CO) Istook Moran (KS) Sherwood Talent Walsh Young (AK) (TX) McCarthy (NY) Jackson (IL) Moran (VA) Shimkus Tancredo Wamp Young (FL) Jefferson McInnis Jenkins Morella Shows John Murtha Shuster NOES—271 b 1509 Johnson (CT) Nadler Sisisky Johnson, E. B. Napolitano Skeen Abercrombie Gonzalez Napolitano Ms. PRYCE of Ohio changed her vote Jones (OH) Neal Skelton Ackerman Goode Neal from ‘‘no’’ to ‘‘aye.’’ Kanjorski Nethercutt Slaughter Allen Goodlatte Nethercutt Kaptur Ney Smith (MI) Andrews Goodling Ney Mr. RUSH and Mr. LATHAM changed Kelly Northup Smith (NJ) Baird Gordon Nussle their vote from ‘‘aye’’ to ‘‘no.’’ Kennedy Norwood Smith (TX) Baldacci Granger Oberstar So the amendment was rejected. Kildee Nussle Smith (WA) Baldwin Green (TX) Obey Kilpatrick Oberstar Snyder Barcia Green (WI) Olver The result of the vote was announced Kind (WI) Obey Spence Barrett (NE) Greenwood Ortiz as above recorded. Kingston Olver Spratt Barrett (WI) Gutierrez Ose AMENDMENT NO. 40 OFFERED BY MR. EHLERS Kleczka Ortiz Stabenow Bateman Hall (OH) Owens Klink Ose Stark Becerra Hastings (FL) Pallone The CHAIRMAN pro tempore. The Knollenberg Owens Stearns Bentsen Hill (IN) Pascrell pending business is the demand for a Kolbe Oxley Stenholm Berkley Hilliard Pastor recorded vote on amendment No. 40 of- Kucinich Packard Strickland Berman Hinchey Payne Kuykendall Pallone Stupak Berry Hinojosa Pelosi fered by the gentleman from Michigan LaFalce Pascrell Sweeney Biggert Hobson Peterson (MN) (Mr. EHLERS) on which further pro- Lampson Pastor Tancredo Bilbray Hoeffel Phelps ceedings were postponed and on which Lantos Payne Tanner Bishop Holden Pickett the ayes prevailed by voice vote. Larson Pease Tauscher Blagojevich Holt Pombo Latham Pelosi Tauzin Blumenauer Hooley Pomeroy The Clerk will redesignate the LaTourette Peterson (MN) Taylor (MS) Blunt Hostettler Porter amendment. Lazio Peterson (PA) Taylor (NC) Boehlert Houghton Portman Leach Petri Terry Bonior Hoyer The Clerk redesignated the amend- Price (NC) ment. Lee Phelps Thomas Borski Hulshof Quinn Levin Pickering Thompson (CA) Boswell Hutchinson Rahall RECORDED VOTE Lewis (CA) Pickett Thompson (MS) Boucher Inslee Ramstad The CHAIRMAN pro tempore. A re- Lewis (GA) Pitts Thornberry Boyd Jackson (IL) Rangel Lewis (KY) Pomeroy Thurman Brady (PA) John Regula corded vote has been demanded. Linder Porter Tierney Brown (FL) Johnson (CT) Reyes A recorded vote was ordered. Lipinski Portman Towns Brown (OH) Johnson, E. B. Rivers LoBiondo Price (NC) Traficant Burr Jones (OH) The CHAIRMAN pro tempore. This is Rodriguez Lofgren Pryce (OH) Turner Capps Kanjorski a 5-minute vote. Roemer Lowey Quinn Udall (NM) Capuano Kaptur Rothman The vote was taken by electronic de- Lucas (KY) Radanovich Upton Cardin Kelly Roukema vice, and there were—ayes 360, noes 62, Lucas (OK) Rahall Velazquez Carson Kennedy Roybal-Allard Luther Ramstad Vento Castle Kildee not voting 11, as follows: Rush Maloney (CT) Rangel Visclosky Clay Kilpatrick Sabo [Roll No. 525] Maloney (NY) Regula Vitter Clayton Kind (WI) Sanchez Markey Reyes Walsh Clement Kleczka AYES—360 Sanders Martinez Reynolds Wamp Clyburn Klink Abercrombie Cannon Evans Sandlin Mascara Riley Waters Condit Kucinich Ackerman Capps Everett Matsui Rivers Watkins Conyers LaFalce Sawyer Aderholt Capuano Farr Saxton McCollum Rodriguez Watt (NC) Cooksey LaHood Allen Cardin Fattah McCrery Roemer Watts (OK) Costello Lampson Schakowsky Andrews Carson Filner Scott McDermott Rogan Waxman Coyne Lantos Archer Chabot Fletcher McGovern Rogers Weiner Cramer Larson Serrano Bachus Chambliss Foley Sherman McHugh Ros-Lehtinen Weldon (FL) Crowley Latham Baird Clay Forbes McIntosh Rothman Weldon (PA) Cummings LaTourette Shows Baker Clayton Ford Simpson McIntyre Roukema Weller Cunningham Lazio Baldacci Clement Fowler McKeon Roybal-Allard Wexler Danner Leach Sisisky Baldwin Clyburn Franks (NJ) Skelton McKinney Rush Weygand Davis (FL) Lee Ballenger Combest Frelinghuysen McNulty Ryun (KS) Wicker Slaughter Davis (IL) Levin Barcia Condit Frost Meehan Salmon Wilson Smith (NJ) Davis (VA) Lewis (CA) Barrett (NE) Conyers Gallegly Meek (FL) Sanchez Wise Smith (WA) DeFazio Lewis (GA) Barrett (WI) Cook Ganske Menendez Sanders Wolf Snyder DeGette LoBiondo Bartlett Cooksey Gejdenson Metcalf Sandlin Woolsey Spratt Delahunt Lofgren Barton Costello Gephardt Mica Sawyer Wu Stabenow DeLauro Lowey Bass Cramer Gibbons Millender- Saxton Wynn Stark Deutsch Lucas (KY) Becerra Crowley Gilchrest McDonald Schakowsky Young (FL) Stenholm Dicks Luther Bentsen Cubin Gillmor Miller, Gary Scott Strickland Dingell Maloney (CT) Bereuter Cummings Gilman Miller, George Sensenbrenner Dixon Maloney (NY) Stupak Berkley Cunningham Gonzalez Doggett Markey Sweeney Berman Danner Goode NOES—62 Dooley Martinez Tanner Berry Davis (FL) Goodlatte Doyle Mascara Tauscher Biggert Davis (IL) Gordon Armey Frank (MA) Myrick Edwards Matsui Taylor (MS) Bilbray Davis (VA) Goss Barr Gekas Paul Emerson McDermott Terry Bilirakis Deal Graham Blunt Goodling Pombo Engel McGovern Thompson (CA) Bishop DeFazio Granger Burr Green (WI) Rohrabacher Eshoo McHugh Thompson (MS) Blagojevich DeGette Green (TX) Campbell Greenwood Royce Etheridge McIntyre Thornberry Bliley Delahunt Gutierrez Canady Hastings (WA) Sabo Evans McKinney Thune Blumenauer DeLauro Gutknecht Castle Hayes Sanford Ewing McNulty Thurman Boehlert Deutsch Hall (OH) Chenoweth-Hage Herger Schaffer Farr Meehan Tierney Boehner Diaz-Balart Hall (TX) Coble Hoekstra Shadegg Fattah Meek (FL) Towns Bonilla Dickey Hansen Coburn Hutchinson Simpson Filner Meeks (NY) Traficant Bonior Dicks Hastings (FL) Collins Hyde Souder Foley Menendez Turner Bono Dingell Hayworth Cox Isakson Stump Forbes Millender- Udall (NM) Borski Dixon Hefley Coyne Johnson, Sam Sununu Ford McDonald Upton Boswell Doggett Hill (IN) Crane Jones (NC) Talent Frank (MA) Miller, George Velazquez Boucher Dooley Hill (MT) DeLay Kasich Thune Frelinghuysen Minge Vento Boyd Doyle Hilleary DeMint King (NY) Tiahrt Frost Mink Visclosky Brady (PA) Duncan Hilliard Doolittle LaHood Toomey Gallegly Moakley Walden Brady (TX) Dunn Hinchey Dreier Largent Walden Ganske Mollohan Waters Brown (FL) Edwards Hinojosa Ehrlich Manzullo Whitfield Gejdenson Moore Watt (NC) Brown (OH) Ehlers Hobson Ewing Meeks (NY) Young (AK) Gekas Moran (KS) Waxman Bryant Emerson Hoeffel Fossella Miller (FL) Gephardt Moran (VA) Weiner Burton Engel Holden Gilchrest Morella Weldon (PA) Buyer English Holt NOT VOTING—11 Gillmor Murtha Wexler Callahan Eshoo Hooley Bateman Hoyer Jackson-Lee Gilman Nadler Weygand Calvert Etheridge Horn Camp (TX)

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.032 pfrm02 PsN: H21PT1 H10652 CONGRESSIONAL RECORD — HOUSE October 21, 1999 Jefferson McInnis Udall (CO) feel it is important for me to vote against this Board of Education called upon Belleville McCarthy (MO) Ryan (WI) McCarthy (NY) Scarborough bill as a signal that the Caucus, regardless of 118's Title I director, Tom Mentzer, to give their vote on the overall bill, feels strongly that presentations to other school districts on how b 1517 much more work needs to be done. to reach the level of success that District 118 Mr. RAHALL changed his vote from It is unfortunate that this signal must be sent has had with their Title I program. Yet, this ‘‘no’’ to ‘‘aye.’’ because the reauthorization of Title I is critical year Bellenille School District 118 was forced So the amendment was agreed to. to the Hispanic community. to reduce their Title I teaching staff. Due to no The result of the vote was announced Title I funds serve a rapidly expanding num- increase in Title I funds for this school year, as above recorded. ber of low-income and limited English pro- and not being eligible for additional Title I re- Stated for: ficient students, for example, nearly 32 per- lated grants such as Comprehensive School Mr. BATEMAN. Mr. Chairman, on rollcall cent of Title I students are Hispanic. Reform Initiative (CSRI) based on high test No. 525, I was unavoidably detained. Had I In addition, H.R. 2 holds our schools ac- scores, there are schools in 118 that received been present, I would have voted ``aye.'' countable by mandating that Title I schools Title I funding last year that will not be serv- Stated against: ensure all students meet high standards. iced by Title I funding this year. What a dif- Mr. RYAN of Wisconsin. Mr. Chairman, on H.R. 2 also requires that States and schools ference Title I funds may have made in an rollcall No. 525, I was unavoidably detained. provide report cards so that parents have the educationally disadvantaged student's life had Had I been presdent, I would have voted ``no.'' basic facts about the progress their children they had additional funds to provide Title I re- The CHAIRMAN pro tempore (Mr. are making in their education so they can take medial reading initiatives. By putting this provi- SHIMKUS). The question is on the com- action to improve their schools' curriculum, if sion in the bill we will no longer economically mittee amendment in the nature of a needed. punish schools that have excelled in achieving substitute, as amended. Also, H.R. 2 raises the standards for para- the goals set out for them by Title I. The committee amendment in the professionals in the classroom. Paraprofes- I urge my colleagues to support this legisla- nature of a substitute, as amended, was sionals are supervised teacher's aides who tion that helps at-risk students stay in school. agreed to. provide critical assistance for our kids in the Vote for this bipartisan education bill that will Ms. ROYBAL-ALLARD. Mr. Chairman, as classroom. However, in many of our schools it benefit thousands of students in each of our chair of the Congressional Hispanic Caucus, I is the teacher's aide and not the teacher who congressional districts. rise in opposition to H.R. 2. I oppose this bill is doing the instruction. This bill would encour- Mr. UNDERWOOD. Mr. Chairman, I'm due to strong reservations concerning the Bi- age paraprofessionals to enroll in a career speaking today in support of H.R. 2: The Stu- lingual Education Act and parental notification track program to better assist teachers with in- dents Results Act of 1999, which authorizes component of the bill. structional support in the classroom. Title I Federal Elementary and Secondary I know my Democratic colleagues on the These are just a few examples of the good Education Programs for five years, although I committee, Ranking Member CLAY and Rep- that is in this bill and why so many of my col- have some serious concerns regarding this resentatives KILDEE, HINOJOSA, and MARTINEZ leagues will support the movement of this bill proposal. and staff have fought hard for acceptable and to the Senate. But with their vote also comes While I applaud the efforts of our Demo- fair language in the reauthorization of the Bi- the commitment of the CHC members to work cratic committee members who fought tooth lingual Education Act. However, in the end, diligently to make the final version of the bill and nail to ensure that funding remains tar- what the Republicans offered in the final nego- closely mirror the CHC language on bilingual geted at the most disadvantaged and poorest tiations fails to fully protect bilingual education education. The future of many of our children students, I fear that the poor and disadvan- programs. depends on it. Therefore, it is my hope that taged will be left in the cold again. This is due For example, instead of making bilingual the Republican leadership will work with us to to Republican demands disguised to provide education programs stronger, Republicans are achieve this goal. greater flexibility in using federal money and simply interested in block granting the pro- Mr. COSTELLO. Mr. Chairman, I rise today require more information on results. This so- gram. Those of us who support bilingual edu- in strong support of H.R. 2, the Student Re- called flexibility comes at a high price. cation want to bring more accountability to the sults Act. I am encouraged by the bipartisan This proposed legislation would, in fact: di- program and help students meet high state nature of this education bill which was crafted lute services to schools that are the most standards. Diluting the funds through block on an unbiased basis following the appropriate needy by allowing diversion of up to 30 per- grants will do little to help LEP students committee process. cent of all new title I money to reward schools achieve high standards. Mr. Chairman, I am pleased to see that Title that improve student achievement; and lower Bilingual education is important to our stu- I funds will receive a $1 billion increase over the poverty threshold for school-wide pro- dents and our nation. We must promote bilin- last year's appropriation level bringing the au- grams. gual education so that our students can learn thorization level to $8.35 billion in fiscal year While I support rewarding schools for English, while retaining their native language, 2000. By providing this commitment to our achieving success, I believe that it should not in order to excel academically. We must help educationally disadvantaged students, the suc- come out of the existing Title I pot of funding. our limited English proficient children develop cess we will see in our Nation's school chil- As it stands already, we are stretched to pro- the talents and the skills they need to compete dren will be immeasurable. vide service to all Title I eligible children. The in today's highly technical and competitive This bill will require schools to meet chal- Congressional Research Service estimates global economy. lenging Title I standards and hold schools ac- that serving all Title I eligible children would Multilingualism is something we should be countable for the results of their Title I pro- require $24 billion, that's nearly 3 times the proud of. Our LEP children bring invaluable grams by requiring an annual report to parents current funding level. Therefore, instead of language resources and knowledge to our so- and the public on the academic performance taking money out of the same pot, we should ciety. Bilingual education promotes our stu- of schools receiving Title I funds. In addition, find other avenues to reward successful dents' native language skills. this legislation strengthens the requirement for school programs. Another significant problem with H.R. 2 was teachers' aides by requiring 2 years of higher Another proposal in the Title I provision to the parental notification and consent require- education, an associate's degree or meet rig- lower the poverty threshold from the current ment for LEP students. In order for LEP stu- orous standards assessing their math, reading 50 percent poverty limit to 40 percent for dents to receive services under Title I, schools and writing skills. schoolwide programs would only further water would have to seek permission from the par- Mr. Chairman, I am pleased the bill allows down funding. ents of these students. No other group of stu- states to set aside 30 percent of any increase We should strive not only for greater fiscal dents is asked to get permission from their in Title I funds to reward schools and teachers accountability within our programs, we should parents to receive services under Title I, only that substantially close the gap between the ensure that we provide sound program ac- LEP students. This is wrong, discriminatory lowest and highest performing students that countability to our poor and disadvantaged and has no place in an education bill. have made outstanding yearly progress for 2 children. Many of my colleagues will support this bill, consecutive years. In my own Congressional Some serious concerns have also been in the hopes that it will be improved as it District in Southwestern Illinois there is a raised by members with the provision to re- moves through the process, knowing that school that will benefit tremendously from this quire parental consent for students with limited when the bill comes back from conference award system. Belleville School District 118 English proficiency in Title I. I am deeply con- they will have the option to vote against it. has been lauded as one of the best Title I pro- cerned that the parental consent requirement However, as chair of the Hispanic Caucus, I grams in the State. In fact, the Illinois State may impede a child's ability to gain meaningful

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 9920 E:\CR\FM\A21OC7.035 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10653 instruction while waiting to be placed in a Lim- Texas school district than that school's prin- Instead of fighting over what type of federal ited English Proficiency (LEP) program. First cipal? intervention is best for education, Congress and foremost, our primary concern for this Another mandate requires teacher aides to should honor their constitutional oath and give measure is to ensure that the best needs of be ``fully qualified'' if the aides are to be in- complete control over America's educational students are being served. So, that important volved in instructing students. Again, while this system to the states and people. Therefore, instructional support to LEP children are not may appear to be simply a matter of following Congress should reject this legislation and in- delayed. sound practice, the cost of hiring qualified stead work to restore true accountability to Finally, I urge members to strongly consider teaching assistants will add a great burden to America's parents by defunding the education the reauthorization of the Bilingual Education many small and rural school districts. Many of bureaucracy and returning control of the edu- Act (BEA). The BEA serves as one of the these districts may have to go without teach- cation dollar to America's parents. most meaningful tools a teacher can use to ers aides, placing another burden on our al- Mr. WU. Mr. Chairman, I rise today in sup- provide meaningful academic instruction to ready overworked public school teachers. port of the Crowley/Etheridge/Wu amendment. students. However, I believe that the BEA Some may claim that this bill does not con- Our sense-of-the-Congress amendment rec- must allow schools the flexibility to choose in- tain ``mandates'' as no state must accept fed- ognizes the fact that certain communities structional methods that are best suited for eral funds. However, since obeying federal across the country are facing growing student their students. educrats is the only way states and localities populations. It shows our schools that Con- Mr. PAUL. Mr. Chairman, Congress is once can retrieve any of the education funds un- gress is aware of the problems of over- again preparing to exceed its constitutional justly taken from their citizens by oppressive crowding and the need for financial support limits as well as ignore the true lesson of the taxation, it is the rare state that will not submit from Federal, State, and local agencies to as- last thirty years of education failure by reau- to federal specifications. sist these school districts. thorizing Title I of the Elementary and Sec- One of the mantras of those who promote All across this country, more and more stu- ondary Education Act (SEA). Like most federal marginal reforms of federal education pro- dents are entering schools. According to the programs, Title I was launched with the best grams is the need to ``hold schools account- Baby Boom Echo Report issued by the De- of intentions, however, good intentions are no able for their use of federal funds.'' This is the partment of Education, 52.7 million students excuse for Congress to exceed its constitu- justification for requiring Title I schools to are enrolled in both public and private schools. tional limitations by depriving parents, local produce ``report cards'' listing various indica- A new national enrollment record. communities and states of their rightful author- tors of school performance. Of course, no one Schools are literally bursting at their seams ity over education. The tenth amendment does would argue against holding schools should with overcrowded classrooms. As I travel throughout my District, I see this first-hand. At not contain an exception for ``good intentions!'' be accountable, but accountable to whom? The Congress that created Title I promised The Federal Government? Simply requiring Findley Elementary School in Beaverton, Or- the American public that, in exchange for giv- schools to provide information about the egon, students have outgrown a 5-year-old ing up control over their schools and submit- schools, without giving parents the opportunity school and are now being taught in trailers. In Washington County, one of the fastest ting to increased levels of taxation, federally- to directly control their child's education does growing counties in the nation, students are empowered ``experts'' would create an edu- not hold schools accountable to parents. As being taught in overcrowded classrooms. A re- cational utopia. However, rather than ushering long as education dollars remain in the hands port that I had commissioned showed that only in a new golden age of education, increased of bureaucrats not parents, schools will remain 4 percent of K±3 students in Washington federal involvement in education has, not co- accountable to bureaucrats instead of parents. County were taught in classes of 18 or fewer incidently, coincided with a decline in Amer- Furthermore, maximum decentralization is students. In addition, approximately two out of the key to increasing education quality. This is ican public education. In 1963, when federal every five Washington county K±3 students because decentralized systems are controlled spending on education was less than nine were taught in classes that significantly ex- by those who know the unique needs of an in- hundred thousand dollars, the average Scho- ceeded federal class size objectives. lastic Achievement Test (SAT) score was ap- dividual child, whereas centralized systems Studies show that when you reduce class proximately 980. Thirty years later, when fed- are controlled by bureaucrats who impose a size in the early grades, and give students the eral education spending ballooned to 19 billion ``one-size fits all'' model. The model favored attention they deserve, the learning gains last dollars, the average SAT score had fallen to by bureaucrats can never meet the special a lifetime. 902. Furthermore, according to the National needs of individual children in the local com- Last year, Congress made a down payment Assessment of Educational Progress (NAEP) munity because the bureaucrats have no way on the administration's plan to hire 100,000 1992 Survey, only 37% of America's 12th of knowing those particular needs. Small won- new teachers over a period of 7 years in order graders were actually able to read at a 12th der that students in states with decentralized to reduce average class size to eighteen stu- grade level! education score 10 percentage points higher dents in grades one through three. But that Supporters of a constitutional education pol- on the NAEP tests in math and reading than was only a down payment. We are now in the icy should be heartened that Congress has fi- students in states with centralized education. process of determining if we will keep our nally recognized that simply throwing federal Fortunately there is an alternative edu- promise, and continue to fund the program. taxpayer money at local schools will not im- cational policy to the one before us today that Until we finalize the Labor, HHS, and Edu- prove education. However, too many in Con- respects the Constitution and improves edu- cation Appropriations bill, we need to send a gress continue to cling to the belief that the cation by restoring true accountability to Amer- message to our schools that we are aware of ``right federal program'' conceived by enlight- ica's education system. Returning real control the problems of overcrowding and will work to ened members and staffers will lead to edu- to the American people by returning direct fix it. cational nirvana. In fact, a cursory review of control of the education dollars to America's Support the Crowley/Etheridge/Wu amend- this legislation reveals at least five new man- parents and concerned citizens is the only ment. Show your schools that you care. dates imposed on the states by this bill; this proper solution. This is precisely why I have Mr. PACKARD. Mr. Chairman, I would like bill also increases federal expenditures by introduced the Family Education Freedom Act to encourage my colleagues to support H.R. 2, $27.7 billion over the next five yearsÐyet the (HR 935). The Family Education Freedom Act the Student Results Act of 1999. Educating drafters of this legislation somehow manage to provides parents with a $3,000 per child tax America's youth is essential to the future of claim with a straight face that this bill pro- credit for the K±12 education expenses. I have our nation. This legislation focuses on improv- motes local control! also introduced the Education Tax Credit Act ing accountability and quality in our education One mandate requires states to give priority (HR 936), which provides a $3,000 tax credit system. The Student Results Act gives par- to K±6 education programs in allocating their for cash contributions to scholarships as well ents more control over key decisions for their Title I dollars. At first glance this may seem as any cash and in-kind contribution to public, children's education, including school choice, reasonable, however, many school districts private, or religious schools. and academic accountability. may need to devote an equal, or greater, By placing control of education funding di- Education decisions belong at the local amount of resources to high school education. rectly into the hands of parents and concerned level, where parents and educators can be in- In fact, the principal of a rural school in my citizens, my bills restore true accountability to volved. H.R. 2 achieves this by authorizing district has expressed concern that they may education. When parents control education greater local control and more choice for par- have to stop offering programs that use Title funding, schools must respond to the parents' ents. It also provides aid to state and local I funds if this provision becomes law! What desire for a quality education, otherwise the educational agencies to help educationally dis- makes DC-based politicians and bureaucrats parent will seek other educational options for advantaged children achieve the same high better judges of the needs of this small East their child. performance standards as every other student.

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 9920 E:\CR\FM\A21OC7.068 pfrm02 PsN: H21PT1 H10654 CONGRESSIONAL RECORD — HOUSE October 21, 1999 Mr. Chairman, everyone should support im- cation and the Workforce. In fact, I What very well may result is that programs provements to our education system that will wish we could have marked up Title with so little funding will also provide precious raise the standard of excellence in learning VII in the Committee on Education and little to disadvantaged students. and give every child in America the oppor- the Workforce. Concern No. 2 accountability for learning. tunity to learn at his or her maximum potential. However, I am hopeful that eventu- Mr. Speaker, we want ot make sure that lim- I urge my colleagues to support the Students ally the House and the Senate con- ited English proficient children are assessed in Results Act today. ferees will work to resolve differences the most scientifically based manner, and the The CHAIRMAN pro tempore. Under between their respective versions of managers amendment does not provide that the rule, the Committee rises. ESEA and implement these provisions. flexibility. Accordingly, the Committee rose; I am going to vote for final passage The Hispanic caucus bill requires annual as- and the Speaker pro tempore (Mr. for H.R. 2. But, as I said, I want to reit- sessments in academic content areas, where- PEASE) having assumed the chair, Mr. erate so that everyone here under- as the manager's bill merely stresses ``English SHIMKUS, Chairman pro tempore of the stands that the Congressional Hispanic language acquisition'' at the expense of con- 1 Committee of the Whole House on the Caucus is speaking for over 3 ⁄2 million tent. State of the Union, reported that that children and we are concerned that Concern No. 3: Parental involvement. The Committee, having had under consider- many of the provisions that were in Hispanic caucus deeply regrets that the man- ation the bill (H.R. 2) to send more dol- our bill were not included in H.R. 2. ager's amendment does not thoroughly involve The concerns of the Hispanic Caucus lars to the classroom and for certain the parents of limited English proficient chil- are very important and need to be ad- other purposes, pursuant to House Res- dren. dressed in the next steps of the process. olution 366, he reported the bill back to This is counter to all modern research. The the House with an amendment adopted Mr. Speaker, what are we doing here today? Are we fighting for the rights of our dis- Hispanic caucus bill calls for assuring that par- by the Committee of the Whole. ents participate and accept responsibility for The SPEAKER pro tempore. Under advantaged children to have a solid edu- cationÐorÐare we relegating them to a sec- the education of their children. the rule, the previous question is or- The manager's idea of parental involvement dered. ond-rate education? Under this manager's amendment, the plate is parental consent not to participate in bilin- Is a separate vote demanded on any gual programs. amendment to the committee amend- is full for some students, but empty for too many others. I don't believe anyone in this Don't get me wrongÐthe caucus does not ment in the nature of a substitute oppose parental consent as long as it im- adopted by the Committee of the body can, in good conscience, support this manager's amendment to Title VII. proves the program. However, the manager's Whole? If not, the question is on the amendment actually prevents children from amendment. I have some very specific concerns with this ill-conceived manager's amendment that I'd participating and receiving an equal edu- The amendment was agreed to. cational opportunity. The SPEAKER pro tempore. The like to share with you. But before I proceed, I The manager's amendment would also in- question is on the engrossment and first want to say ``Thank you!'' To my ranking crease the paperwork burdens of our local third reading of the bill. membersÐCongressmen BILL CLAY and DALE schools. The bill was ordered to be engrossed KILDEE. Both men and their staffs valiantly at- And there's no assurance that limited and read a third time, and was read the tempted to negotiate a compromise that we English proficient students will receive appro- third time. could all support. Unfortunately, despite their best efforts, that priate educational services. MOTION TO RECOMMIT OFFERED BY MR. was not to be. It is immoral to warehouse children without HINOJOSA Again, thank you for your assistance. providing timely educational opportunitiesÐit's Mr. HINOJOSA. Mr. Speaker, I offer Now, Mr. Chairman I'd like to discuss, point wrong and it's discriminatory, and the Hispanic a motion to recommit. by point, my concerns with the manager's caucus is soundly against this proposition. The SPEAKER pro tempore. Is the amendment as I also highlight the Hispanic Concern No. 4: Professional development. gentleman opposed to the bill? caucus' substitute amendment to Title VII. Let me once again point out the deficiencies Mr. HINOJOSA. I am, Mr. Speaker, Concern No. one: Turning Title VII into a in its present form. in the manager's amendment. state formula grant. In Turning Title VII into a For the first time, the manager has merged The SPEAKER pro tempore. The State formula grant, we are assured that fewer Clerk will report the motion to recom- four separate categories (career ladder, teach- fiscal resources (which will depend on a fund- ers and personnel, training for all teachers and mit. ing trigger), will be available to educate limited The Clerk read as follows: graduate fellowships)Ðinto one grant pro- English proficient children. gram. They would also reduce funds for some Mr. HINOJOSA moves to recommit the bill Currently, less than 10 percent of all chil- of these programs. H.R. 2 to the Committee on Education and dren eligible for bilingual classes are being Let me highlight the four programs in pro- the Workforce with instructions to conduct served by this title. This is shameful. hearings and promptly report to the House fessional development: Of the 31¤2 million limited English proficient on title VII regarding the effectiveness of bi- children in our countryÐand this figure is 1. Career ladderÐAll of us are aware of the lingual education and migrant education. growingÐonly 10 percent are currently receiv- tremendous problems of teacher shortages for The SPEAKER pro tempore. The gen- ing Title VII services. limited English proficient children. Career lad- tleman from Texas (Mr. HINOJOSA) is Title VII is the only Federal program de- der programs are extremely important in short- recognized for 5 minutes on his motion signed for children whose native language is ening the time that capable teachers and as- to recommit. not English, but who will soon become English sistants may participate in the classrooms. It is (Mr. HINOJOSA asked and was given proficient given the proper professional guid- also an incentive for young adults to seek ca- permission to revise and extend his re- ance and instruction. reers teaching limited English proficient chil- marks.) Mr. Speaker, with such a large projected dren. Mr. HINOJOSA. Mr. Speaker, I growth in the future, we should be increasing 2. Teachers and personnelÐMost of this planned today to offer three amend- funds and resources for this population, not section is commendable, but the participation ments, Nos. 25, 26, and 27, bilingual trying to shirk our federal responsibility of en- of pupil services personnel is not assured. The education and migrant education suring that they receive the best education manager's amendment focuses funds on issues that are very important to me possible. teachers, while ignoring their professional and my district, in fact to many people The current competitive grant structure of peers who provide counseling and important throughout the country. I did not do Title VII assures us that local schools have support services which is vital to the academic so. made a commitment to provide high quality success of our kids in the classroom. However, the Congressional Hispanic programs for our children. These local grant 3. Teacher trainingÐThe manager's amend- Caucus has grave concerns about bilin- applications are peer-reviewed and monitored ment limits the opportunity for preservice and gual education and migrant education by the U.S. Department of Education. inservice training for instructional personnel. It in the manager’s House bill. We think it is doubtful that local schools is crucial that each teacher be aware of the In closing, Mr. Speaker, I wish we would maintain their commitment to educating latest research and instructional technology could have made more progress on L±E±P children if they were automatically as- available to help them with limited English pro- these issues in the Committee on Edu- sured of formula funding. ficient children. Not only are local resources

VerDate 12-OCT-99 04:05 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 9920 E:\CR\FM\A21OC7.064 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10655 curtailed, but the national professional insti- At the beginning of each school year, most Mr. Speaker, I want to make sure tutes may not be able to provide the nec- of us place our kids in school knowing that for that everybody understands that for 6 essary training to improve the quality of pro- the next nine months they will have a stable months we wanted to put together fessional development programs. Again, this classroom environmentÐone conducive to whatever legislation they had of inter- will cripple the teacher pipeline. learning. We take this for granted, but this is est. The negotiations then did not real- 4. Graduate fellowshipsÐThe managers's not the norm for migrant children who on aver- ly take place until day one of the amendment caps funding for fellowships for age attend several schools a year in as many markup. masters, doctoral and postdoctoral study re- States. Day one of the markup I said, ‘‘Do lated to the instruction of limited English pro- Weeks of school are missed, interrupting you have something to offer?’’ ‘‘No, I ficient children. We need professional teacher the continuity of a student's education. Think am not ready.’’ Day 2 of the markup, training program administration, research and about your own child having to make these ‘‘Do you have something to offer?’’ evaluation and curriculum development and constant adjustments. ‘‘No, I am not ready.’’ Day 3 of the the support of dissertation research related to This amendment would establish, for the markup, ‘‘Do you have something to such studies. No other profession abolishes first time, a national migrant parent advisory offer?’’ ‘‘No, I am not ready.’’ Day 4 of newly trained professionals, yet this request is council, where migrant families would be bet- the markup, ‘‘Do you have something being made by the manager's amendment. ter able to communicate their needsÐlan- to offer?’’ ‘‘No, I am not ready.’’ Concern No. 5: The fate of the national bi- guage skills, reading problems, health issues, I then said, ‘‘Please have whatever it lingual education clearinghouse. The national deficient housing, and other factors associated is you are interested in ready between bilingual education clearinghouse provides the with low incomeÐto the Secretary of Edu- now and the time we go to the floor.’’ latest research and instructional methodology cation. On Tuesday, at 3 o’clock in the after- This parent advisory committee would pro- for the use of public schools, colleges and uni- noon of this week, I was told we have vide a national focus that transcends the geo- versities throughout the United States. an agreement. At 9 o’clock on Tuesday graphical barriers that form the educational The manager's amendment would eliminate evening, I was told we do not have an systems for most children. As migrant needs thirty-plus years of research as well as a na- agreement. At 10 o’clock on Tuesday are national, and only national programs can tional system-wide network by suggesting that evening, I was told we do have an meet those needs, it is crucial that this advi- these functions be taken over by the office of agreement. sory committee maintain a national perspec- education research and improvement, without So I said put what they said, and the any specific assurances. tive. Mr. Speaker, the purpose of my Amendment chairman of the Caucus agreed to it, This is counter to all calls for accountability No. 27 was to establish a national data ex- into the manager’s amendment so that where we want education and teacher training change system to be used for maintaining mi- we have something there. So we have programs to use the latest education research grant students' academic and vital information done everything under the sun we pos- and technology to improve classroom instruc- records. sibly could to accommodate. tion. This amendment is the result of meeting We also had a hearing in the district Mr. Speaker, my last concern is that the with parents of migrant students; with the edu- of the gentleman from Texas (Mr. manager's amendment has eliminated the cation personnel who serve them; and the dis- HINOJOSA). We also had a hearing in Emergency Immigrant Education Act. This act advantaged who travel from one State to an- D.C. And we also had more time on is extremely important to state governors, na- other from April to October. other legislation in order to deal with tional school boards, local school boards, prin- We are all familiar with the saying, ``If at first the issue if there is total dissatisfac- cipals and teachers. The emergency immi- you don't succeed try, try again!'' tion. But we have done everything we grant act has been approved the last three We know that the first attempt at putting to- possibly could and the ranking member times we have reauthorized ESEA. gether a migrant student record transfer sys- has done everything he possibly could While the funds are not meeting the tremen- tem was unsuccessful. But that does not to bring about some kind of agreement. dous need for educating newly-arriving immi- mean the idea isn't important. It is. And we We thought we had one. The chair- grants, these funds remain crucial for the ini- have to work together to provide effective man of the Caucus said we had one; and tial success of these students while they learn services for this mobile population. The cur- so, it was put in the manager’s agree- the American system of education. rent system just doesn't work as well as it ment. I urge all my colleagues to consider the sup- could. I've personally heard horror stories from The SPEAKER pro tempore. Without port that you will provide to local school sys- migrant students about these children receiv- objection, the previous question is or- tems that are impacted by these children. ing 6 immunizations of the same medicine, dered on the motion to recommit. The Congressional Hispanic caucus amend- and of being enrolled in below-grade level There was no objection. ment continues to provide equal educational classes. The SPEAKER pro tempore. The opportunities for limited English proficient chil- I am not trying to fix what ain't broke, but question is on the motion to recommit. dren, youth and adults. there is room for improvement and that is all The motion to recommit was re- This federal effort started in 1968 and thou- I'm trying to do here. jected. sands of children have benefitted, although We cannot just pretend migrant students The SPEAKER pro tempore. The millions more could have used these services. don't existÐthat's perpetuating the status quo. question is on the passage of the bill. Our children are our future, and knowledge When it comes to education, we should be The question was taken; and the is the ticket. I urge all my colleagues to sup- long past the days of the haves versus the Speaker pro tempore announced that port the Congressional Hispanic caucus sub- have-nots. We are not talking about an invest- the ayes appeared to have it. stitute on title VII, listed as the Hinojosa ment that's frivolousÐmy amendment would RECORDED VOTE amendment No. 25, that reauthorizes bilingual authorize $1 million for the first two fiscal Mr. KILDEE. Mr. Speaker, I demand education. years following the effective date of this act. Mr. Speaker, the purpose of my amendment These children deserve to have as high a a recorded vote. No. 26 was to establish a national parent advi- quality education as any other child, regard- A recorded vote was ordered. sory council for migrant parents at the federal less of income. All this is about is making cer- The vote was taken by electronic de- level. tain these children receive the same treatment vice, and there were—ayes 358, noes 67, I just want to toss out an interesting fact, as their counterparts. You would expect this not voting 8, as follows: and that is my congressional district in South for your children, I know I would expect it for [Roll No 526] Texas, along the Texas/Mexico border, has mine. Why should these migrant children be AYES—358 the highest concentration of migrant workers treated any differently? Abercrombie Barcia Bilbray and their children than anywhere else in the As it stands now, they are treated dif- Ackerman Barrett (NE) Bilirakis country. ferentlyÐthey are pretty much an afterthought. Aderholt Barrett (WI) Bishop Allen Bass Blagojevich What exactly does this mean? My questions We can change that, and I hope you will sup- Andrews Bateman Bliley may sound rhetorical, but the point is, most of port this amendment. Armey Bentsen Blumenauer us have no idea what the life of a migrant Mr. GOODLING. Mr. Speaker, I rise Bachus Bereuter Boehlert worker is like, and even more of us have less in opposition to the motion to recom- Baird Berkley Boehner Baldacci Berman Bonilla of an idea of the impact this lifestyle has on mit offered by the gentleman from Baldwin Berry Bonior the children of these workers. Texas (Mr. HINOJOSA). Ballenger Biggert Bono

VerDate 12-OCT-99 04:33 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.043 pfrm02 PsN: H21PT1 H10656 CONGRESSIONAL RECORD — HOUSE October 21, 1999 Borski Gutierrez Morella Turner Watkins Whitfield league’’ will be sent to all Members in- Boswell Hall (OH) Murtha Udall (CO) Watt (NC) Wilson Boucher Hall (TX) Nadler Udall (NM) Watts (OK) Wise forming them that the Committee on Boyd Hansen Napolitano Upton Waxman Wolf Rules is planning to meet the week of Brady (PA) Hastings (FL) Neal Velazquez Weiner Woolsey October 25 to grant a rule for consider- Brady (TX) Hastings (WA) Nethercutt Vento Weldon (FL) Wu ation of H.R. 1987, the Fair Access to Brown (FL) Hayes Ney Visclosky Weldon (PA) Wynn Brown (OH) Hill (IN) Northup Vitter Weller Young (AK) Indemnity and Reimbursement Act. Bryant Hill (MT) Norwood Walden Wexler Young (FL) The Committee on Rules may grant a Burr Hilleary Nussle Walsh Weygand rule which will require that amend- Buyer Hilliard Oberstar NOES—67 ments be preprinted in the CONGRES- Callahan Hinchey Obey Calvert Hinojosa Olver Archer Hefley Roybal-Allard SIONAL RECORD. In this case, amend- Canady Hobson Ortiz Baker Herger Royce ments must be preprinted prior to con- Capps Hoeffel Ose Barr Hoekstra Ryun (KS) sideration of the bill on the floor. Capuano Holden Owens Bartlett Hunter Salmon Members should use the Office of Cardin Holt Oxley Barton Hyde Sanford Carson Hooley Packard Becerra Istook Schaffer Legislative Counsel to ensure that Castle Horn Pallone Blunt Jones (NC) Sensenbrenner their amendments are properly drafted Chabot Hostettler Pascrell Burton LaHood Sessions and should check with the Office of the Campbell Largent Shadegg Chambliss Houghton Pastor Parliamentarian to be certain that Clay Hoyer Pease Cannon Lee Smith (MI) Clayton Hulshof Pelosi Chenoweth-Hage Manzullo Souder their amendments comply with the Clement Hutchinson Peterson (MN) Coble McInnis Stearns rules of the House. Coburn Metcalf Stump Clyburn Inslee Peterson (PA) f Collins Isakson Petri Cox Miller (FL) Sununu Combest Jackson (IL) Phelps Crane Moran (KS) Tancredo CONFERENCE REPORT ON H.R. 2466, Cubin Myrick Taylor (NC) Condit John Pickering DEPARTMENT OF THE INTERIOR Conyers Johnson (CT) Pickett DeMint Paul Tiahrt Cook Johnson, E. B. Pomeroy Doolittle Payne Toomey AND RELATED AGENCIES APPRO- Cooksey Johnson, Sam Porter Duncan Pitts Wamp PRIATIONS ACT, 2000 Costello Jones (OH) Portman Ewing Pombo Waters Coyne Kanjorski Price (NC) Gonzalez Radanovich Wicker Mr. HASTINGS of Washington. Mr. Cramer Kaptur Pryce (OH) Gutknecht Rodriguez Speaker, by direction of the Com- Hayworth Rohrabacher Crowley Kasich Quinn mittee on Rules, I call up House Reso- Cummings Kelly Rahall NOT VOTING—8 lution 337 and ask for its immediate Cunningham Kennedy Ramstad Camp Jefferson Scarborough Danner Kildee Rangel consideration. Davis (VA) Jenkins Davis (FL) Kilpatrick Regula The Clerk read the resolution, as fol- Jackson-Lee McCarthy (MO) Davis (IL) Kind (WI) Reyes (TX) McCarthy (NY) lows: Deal King (NY) Reynolds H. RES. 337 DeFazio Kingston Riley b 1542 DeGette Kleczka Rivers Resolved, That upon adoption of this reso- Delahunt Klink Roemer Ms. ROYBAL-ALLARD and Mr. lution it shall be in order to consider the DeLauro Knollenberg Rogan MCINNIS changed their vote from conference report to accompany the bill DeLay Kolbe Rogers ‘‘aye’’ to ‘‘no.’’ (H.R. 2466) making appropriations for the De- Deutsch Kucinich Ros-Lehtinen So the bill was passed. partment of the Interior and related agencies Diaz-Balart Kuykendall Rothman for the fiscal year ending September 30, 2000, Dickey LaFalce Roukema The result of the vote was announced Dicks Lampson Rush as above recorded. and for other purposes. All points of order Dingell Lantos Ryan (WI) A motion to reconsider was laid on against the conference report and against its Dixon Larson Sabo the table. consideration are waived. The conference re- Doggett Latham Sanchez port shall be considered as read. Dooley LaTourette Sanders Stated for: Doyle Lazio Sandlin Mr. DAVIS of Virginia. Mr. Speaker, b 1545 Dreier Leach Sawyer I was standing in the well of the House The SPEAKER pro tempore (Mr. Dunn Levin Saxton before the vote was announced and the Edwards Lewis (CA) Schakowsky SHIMKUS). The gentleman from Wash- machine did not work. I would have Ehlers Lewis (GA) Scott ington (Mr. HASTINGS) is recognized for Ehrlich Lewis (KY) Serrano voted ‘‘aye’’ on the last vote. 1 hour. Emerson Linder Shaw Mr. JENKINS. Mr. Speaker, on rollcall No. Mr. HASTINGS of Washington. Mr. Engel Lipinski Shays 526, I was away from the House Chamber at- English LoBiondo Sherman Speaker, for the purposes of debate tending an education press conference with Eshoo Lofgren Sherwood only, I yield the customary 30 minutes Etheridge Lowey Shimkus other members of the House of Representa- to the gentlewoman from New York Evans Lucas (KY) Shows tives and an eighth grade class and faculty Everett Lucas (OK) Shuster (Ms. SLAUGHTER), pending which I yield from Rogersville, TN. city schools. Had I been Farr Luther Simpson myself such time as I may consume. present, I would have voted ``yes.'' Fattah Maloney (CT) Sisisky During consideration of this resolu- Filner Maloney (NY) Skeen f Fletcher Markey Skelton tion, all time yielded is for the purpose Foley Martinez Slaughter AUTHORIZING THE CLERK TO of debate only. Forbes Mascara Smith (NJ) MAKE CORRECTIONS IN EN- (Mr. HASTINGS of Washington asked Ford Matsui Smith (TX) Fossella McCollum Smith (WA) GROSSMENT OF H.R. 2, STUDENT and was given permission to revise and Fowler McCrery Snyder RESULTS ACT OF 1999 extend his remarks.) Frank (MA) McDermott Spence Mr. DEAL of Georgia. Mr. Speaker, I Mr. HASTINGS of Washington. Mr. Franks (NJ) McGovern Spratt Speaker, H. Res. 337 would grant a rule Frelinghuysen McHugh Stabenow ask unanimous consent that in the en- Frost McIntosh Stark grossment of the bill, H.R. 2, that the waiving all points of order against the Gallegly McIntyre Stenholm Clerk be authorized to make technical conference report to accompany H.R. Ganske McKeon Strickland 2466, the Department of Interior and Gejdenson McKinney Stupak corrections and conforming changes to Gekas McNulty Sweeney the bill. Related Agencies Appropriation Act for Gephardt Meehan Talent The SPEAKER pro tempore (Mr. Fiscal Year 2000 and against its consid- Gibbons Meek (FL) Tanner SHIMKUS). Is there objection to the re- eration. The rule further provides that Gilchrest Meeks (NY) Tauscher the conference report shall be consid- Gillmor Menendez Tauzin quest of the gentleman from Georgia? Gilman Mica Taylor (MS) There was no objection. ered as read. Goode Millender- Terry f Mr. Speaker, the conference report to Goodlatte McDonald Thomas accompany H.R. 2466 appropriates $14.5 Goodling Miller, Gary Thompson (CA) ANNOUNCEMENT REGARDING billion in new fiscal year 2000 budget Gordon Miller, George Thompson (MS) AMENDMENT PROCESS FOR H.R. Goss Minge Thornberry authority, which is 599 million more Graham Mink Thune 1987, FAIR ACCESS TO INDEM- than the House-passed bill and 236 mil- Granger Moakley Thurman NITY AND REIMBURSEMENT ACT lion more than the fiscal year 1999 Green (TX) Mollohan Tierney Green (WI) Moore Towns Mr. HASTINGS of Washington. Mr. level; but it is 732 million less than the Greenwood Moran (VA) Traficant Speaker, this afternoon a ‘‘Dear Col- President’s request.

VerDate 12-OCT-99 04:33 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.037 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10657 Approximately half of the bill’s fund- to choose. As Chair of the Congres- yet another year. This is not about ing, 7.3 billion, finances Interior De- sional Arts Caucus, let me address for budget caps. The benefits that we re- partment programs to manage, study, a moment another egregious short- ceive for our economy, for our children, and protect the Nation’s animal, plant coming in this bill. and for our communities far outweigh and mineral resources. The balance of Last month the other body took the the small financial investment we are the bill’s funds support other non-Inte- responsible position of increasing fund- making. rior agencies that perform related ing by $5 million each for the National This is not about public support. As functions. These include the Forest Endowment for the Arts and the Na- opinion polls show, without a doubt the Service, conservation and fossil energy tional Endowment for the Humanities. American people are overwhelmingly development programs run by the De- In keeping with that position this in favor of a Federal role in the arts. partment of Energy, the Indian Health House voted to instruct the conferees And this is not about support in this Service, as well as Smithsonian Insti- to accept the higher funding levels. body that was demonstrated on the tute and similar cultural organiza- The conference committee, presumably floor of this House just 17 days ago. tions. acting under direction of the House This is about a small number of indi- Mr. Speaker, I applaud the gen- leadership, choose to ignore our in- viduals who want to run against the tleman from Ohio (Mr. REGULA) and structions. Sadly NEA funding has NEA at election time. the gentleman from Washington (Mr. once again been hijacked by a small Mr. Speaker, let us put those cam- DICKS) for their ongoing efforts to re- number of individuals who long ago put paigns to rest and put to rest the cam- solve a large number of complex and on their blinders and now refuse to paign of misinformation which is keep- controversial issues contained in this take them off. ing the NEA from continuing and ex- legislation. As it is every year, theirs In fiscal year l996 the NEA had its panding its valuable work. I urge my has been a difficult task, but one that budget cut by 40 percent, a cut from colleagues to send this legislation back they have taken with the customary which very few agencies could even re- to the conference committee so that we fairness and balance. Accordingly, I cover. Since that time NEA opponents can give our leaders another oppor- urge my colleagues to support both the have made it their obsession to oppose tunity to finish the job that we have rule and the conference report itself. a complete recovery. They have chosen asked them to do on numerous occa- Mr. Speaker, I reserve the balance of to obfuscate the facts by falsely char- sions. my time. acterizing the agency’s work and by de- Mr. Speaker, I urge a no vote on the Ms. SLAUGHTER. Mr. Speaker, I meaning the value of art and culture to resolution. yield myself such time as I may con- our society. Mr. Speaker, I reserve the balance of sume. Had the conferees gone along with my time. (Ms. SLAUGHTER asked and was the modest funding increase provided Mr. HASTINGS of Washington. Mr. given permission to revise and extend by the other body and endorsed in a Speaker, I yield such time as he may her remarks.) vote on the floor of this House, it consume to the gentleman from Cali- Ms. SLAUGHTER. Mr. Speaker, I would have been the first increase in fornia (Mr. DREIER), the distinguished thank the gentleman from Washington arts funding since 1992. It would have chairman of the Committee on Rules. (Mr. HASTINGS) for yielding this time allowed the NEA to broaden its reach (Mr. DREIER asked and was given to me. to all Americans by partially funding permission to revise and extend his re- I rise in opposition to the consider- its proposed Challenge America initia- marks.) ation of House Resolution 337, the rule tive which is expressly designed to pro- Mr. DREIER. Mr. Speaker, I appre- governing consideration of H.R. 2466, vide grants in communities which have ciate my friend yielding this time to the Interior appropriations conference been underserved by the agency be- me. I thank the gentleman from Wash- report for Fiscal Year 2000. Mr. Speak- cause of its lack of money. Some of our ington for his fine leadership on our er, approving the rule would allow this colleagues rail against the NEA, saying committee. House to consider a conference report it has ignored their districts but now I rise in very strong support not only which richly deserves defeat. Voting withhold the very funding which would of the rule but of the stellar work that down the rule would send a message to correct the problem. has been done by our friend from Ohio, our friends on the conference com- This funding increase would have the chairman of the Subcommittee on mittee that they need to go back to the given the Endowment the resources to Interior (Mr. REGULA). Every year drawing board. undertake the job that we in Congress there are millions of Americans and This conference has a little bit of have asked it to do to make more foreign tourists who come from all over something for almost everyone to dis- grants to small and medium-sized com- the world to take advantage of what is like. Many of its provisions are nothing munities. In addition, the agency has clearly the best park system on the short of a slap in the face to the major- spent the past few years implementing face of the Earth, whether it is the Ev- ity of this House which voted on spe- reforms to make itself more account- erglades in Florida, part of which is cific instructions which the conferees able to the American people, and I represented by members of the Com- ignored. strongly believe they have earned the mittee on Rules, the gentleman from The conference report is saddled with opportunity to pursue this plan. Florida (Mr. DIAZ-BALART), or the gen- some truly offensive environmental The arts are supported by the United tleman from Florida (Mr. GOSS), or the riders which allow mining companies States Conference of Mayors, the Na- Angeles National Forest, which I am to continue doing damage to the public tional Association of Counties and by privileged to represent along with my lands on which they operate, permits such corporations as CBS, Coca-Cola, colleague, the gentleman from Cali- oil companies to operate under sweet- Mobil, Westinghouse, and Boeing, to fornia (Mr. ROGAN). Incidentally, the heart deals on public lands, relaxes for- name just a few. These organizations Angeles National Forest happens to be est management practices and permits support the arts because they provide the most utilized of our national forest more timber to be taken from the economic benefit to our communities. system. Tongass National Forest in Alaska, With one hundredth of 1 percent of the These are very, very important, very, just to name a few. The conference re- Federal budget, we help to create a sys- very precious items that need to be ad- port is also woefully short of the mark tem that supports 1.3 million full-time dressed; and I will tell my colleagues on the administration’s lands legacy jobs in States, cities, towns, and vil- that the work that has been done by effort which is designed to save envi- lages across the country providing $3.4 the gentleman from Ohio (Mr. REGULA) ronmentally sensitive and important billion in income taxes to the Treas- is very key to the continued success of land across this Nation and for which ury. I do not think we make any in- that important system. this Nation wants attention. vestment here with a greater return. I want to specifically express my Mr. Speaker, Members looking for a Mr. Speaker, while I am pleased that thanks for dealing with the problem reason to vote against this bill based the committee allowed a $5 million in- that we in southern California regu- on a concern for the environment have crease to the NEH, I cannot support larly face, and that is fires. We know an embarrassment of riches from which legislation shortchanging the NEA for that as we approach the fire season, we

VerDate 12-OCT-99 04:33 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.104 pfrm02 PsN: H21PT1 H10658 CONGRESSIONAL RECORD — HOUSE October 21, 1999 have now seen $24 million for the Na- Mr. OBEY. I yield to the gentleman nothing to extract minerals from pub- tional Forest Service state fire assist- from Florida. lic lands to inflict even more environ- ance program, which is a $3.2 million Mr. YOUNG of Florida. Mr. Speaker, mental damage on those lands. It re- increase over last year; and I want to I think the gentleman’s figures are cor- quires that western ranchers who enjoy again express my thanks for the atten- rect; however, the gentleman also the privilege of grazing permits be tion that has been focused on that im- knows that before we complete the ap- granted automatic 10-year renewals portant problem that we have. propriations process totally, there may without completion of the review of Now I finally would like to raise one be needed some additional. the impact of current grazing prac- issue of concern that the gentleman Mr. OBEY. Right. So at this point tices. It includes $5 million not re- from Ohio and I have discussed on more that is the latest published allocation quested by the President to facilitate than a few occasions, and I would like to the subcommittee; is that not cor- additional timber sales from the to say at this point I offer what is at rect? Tongass National Forest. It blocks an best sort of wavering support for the Mr. YOUNG of Florida. That is my Interior Department regulation requir- adventure pass; and it is in large part understanding. ing major oil companies to finally pay due to some of the issues which I sus- Mr. OBEY. I have a table prepared, something approaching market value pect the gentleman from Ohio (Mr. Mr. Speaker, by the Committee on Ap- for the taxpayers’ land that they are REGULA) will raise during debate on propriations dated October 15, which pumping oil out of. It has a number of this issue, and that is the question of indicates that the discretionary budget other problems. It rejects any added whether or not people who are in the authority included in the interior con- funding for the National Endowment area paying into the adventure pass are ference agreement totals 14,506,491,000 for the Arts. actually seeing any kind of tangible and that the discretionary outlays I would simply say this in closing: benefit from the fact that they have total 14.523 billion. If these are the cor- None of what I am saying is in any way put dollars into that adventure pass. rect numbers for this conference re- critical of the gentleman from Florida In the Angeles National Forest, as I port, it appears that the conference (Mr. YOUNG) or the distinguished gen- said, the most utilized of all in our Na- agreement exceeds the latest budget tleman from Ohio (Mr. REGULA) who tion’s system, many of my constitu- authority allocation by $618.491 million chairs this subcommittee. In fact, in ents have been obviously in, just going and exceeds the latest outlay alloca- that subcommittee, and I am sure any- through, been forced to pay for the ad- tion by $169 million, and that being the body who was there will verify this, he venture pass; and yet they do not see case, that is why a number of us are tried mightily to prevent some of these any kind of real tangible benefit, and dubious about the wisdom of pro- riders from being attached. We think that is why I am pleased that there is ceeding with this bill at this moment. that he did make a strong effort. The an additional $1.1 million that has been problem is that we still do not believe added for the Angeles National Forest b 1600 that this will meet the standards that to improve the basic infrastructure The problems within this bill, in ad- would be required to defend the public there, which is a concern. So I will say dition to some of the others that I will interest. So for a variety of reasons that we look forward to further reports mention in just a moment, another that I have just listed, we feel con- on the pilot program of the adventure major problem is that we simply do not strained to oppose this bill and would pass, and I am going on record, as I at this point know where this bill fits hope that by the time it finally be- have before, raising the concerns that into the overall budget scheme. We do comes law, that it will be in far better many of my constituents have pointed know that bills that have passed the shape. to; and I hope that we are able to work House to date have exceeded the Presi- I know that if this bill reaches the closely with the Forest Service so that dent’s budget request by almost $20 bil- White House it will be vetoed. The we can see real tangible benefits from lion. White House has made that quite clear that. Given that fact, we know that there So, having said all of those things, I to us and the press. Under the cir- is a squeeze on the remaining bills, and cumstances those circumstances, I strongly support the rule, urge my col- at this point, given the meeting that leagues to vote for it, and I also urge think it is ill-advised for this bill to we saw at the White House where we even be here in light of the meeting strong support for what I think is the thought there was going to be an ar- best possible conference report that we that took place at the White House. rangement on how to proceed between But we have no choice, if the majority could get at this juncture. the White House and Congressional Ms. SLAUGHTER. Mr. Speaker, I is going to bring the bill to the floor, leaders (they being the four-star gen- yield 5 minutes to the gentleman from we have no choice at this point to op- erals in this place, we being the light Wisconsin (Mr. OBEY). pose it. Mr. OBEY. Mr. Speaker, I thank the colonels), it seems to me it is very dif- Mr. Speaker, I thank the gentleman gentlewoman for the time. ficult even to justify proceeding on this from Florida for honestly answering Mr. Speaker, first of all could I ask bill when we do not know whether this my question. the gentleman from Florida (Mr. is going to further add to the excess of Mr. HASTINGS of Washington. Mr. YOUNG) a question about this bill. I spending that is being alleged in the Speaker, I am pleased to yield 4 min- would like to ask the distinguished budget process or whether it is not. utes to the gentleman from Florida gentleman: That is why I raised the question that (Mr. YOUNG), the chairman of the Com- The latest report on the revised allo- I just asked of the gentleman from mittee on Appropriations. cations of budget authority and out- Florida (Mr. YOUNG), because all we Mr. YOUNG of Florida. Mr. Speaker, lays filed by the Committee on Appro- know at this point is that this bill ex- I thank the gentleman for yielding me priations is dated October 12 and is ceeds the spending authority which this time. printed in the House as Report 106–373. was allotted to it the last time the I want to respond to the gentleman That is the 302 allocation. The docu- Committee on Appropriations met from Wisconsin. As usual, his numbers ment indicates that the discretionary under the requirement of the Budget are correct. budget authority allocation for the Act. However, I want to highlight a dif- Subcommittee on Interior is $13.888 bil- In addition to that concern, Mr. ference in how we are proceeding this lion and that the discretionary outlay Speaker, I would simply point out the year. The Office of Management and allocation for the subcommittee is following problems with this bill. It ex- Budget would like us to package up all $14.354 billion. cludes funds for many unique and eco- of these appropriations bills and put Is it the understanding of the gen- logically important land parcels which them into one package so that we tleman that the number I just men- can be lost forever to development if could have another disaster like the tioned, that the numbers do in fact rep- they are not purchased now. This bill omnibus appropriations bill that we resent the latest target allocations for falls way short of where it ought to be had last year. We are determined not the subcommittee? in the Lands Legacy proposal. It re- to do that. Mr. YOUNG of Florida. Mr. Speaker, writes the 1872 mining laws to allow It is our intention and our plan, and will the gentleman yield? mine operators who are paying next to we are on course, to send the individual

VerDate 12-OCT-99 05:37 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.106 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10659 bills to the President’s desk for his But I do want to take issue with his and there are farms in that area, Mr. consideration. The reason we want to interpretation of why we should not Speaker, and there are people who do that is that we would like to know have an overall approach to resolve our came from Cuba, and they came from if he has specific objections to those remaining budget differences. The gen- Cuba, most of these people, because bills. We would like to know what they tleman said that the majority party Fidel Castro was taking away their are, not in generalities, but specifi- does not want to go into an omnibus property, just abstractly taking it. So cally, so that we can actually focus on meeting because last year when they they came to America so that they what the differences really are. Our ex- did, we wound up with all kinds of gim- would not have to have that. perience has been that the only way we micks. Let me point out that last year, Now, a lot of people said, oh, the only find exactly what the President’s oppo- we wound up with $21 billion worth of way we can ever recover this Ever- sition is, is in a veto message where he so-called emergency spending. Now, if glades thing is to take that 8.5 square must be specific and he must put it on spending is called emergencies, under miles. That was in 1989. In 1999 in my paper so that we can read it and under- these crazy budget rules, it does not hearing, the Corps of Engineers, the stand it. count in total spending. So it is, in State of Florida, the Federal South But I want to assure the gentleman fact, hidden. Florida Ecosystem Restoration Task from Wisconsin that whether we have The problem is, this year, without Force all said they do not need 8.5 an omnibus bill such as the Office of going into those meetings with the square miles. Management and Budget wants, or President, bills passed by this House So here we are putting these people whether we are going to have indi- already contain $25 billion in emer- in the same condition they were in and vidual bills the way that we want, we gency spending. So we have already saying all right, we are taking away will not go above the budget agree- gone far beyond where the gentleman your ground now, and just imagine how ment. We will not use any money out was concerned we would go if we ever they feel at this point. of the Social Security Trust Fund. The sat down with the President. I am sure we can probably work this Sequestration would not be triggered This second chart demonstrates that out, and I hope we can. But, Mr. Speak- unless all bills were signed into law there are $45 billion in gimmicks al- er, let me point out that it seems kind and exceeded the budget agreement. ready contained in the budgets that of the most ironic thing I have seen in That is not going to happen. But we are have been passed by the majority a long time to think here they are in going to deal with these bills one at a through this House. My colleagues can Cuba having their land taken away time so that they retain their identity see the categories for themselves: $25 from them, and then we are in this bill and so that we can deal with specific billion in phoney designation of the taking it away. So I am sure the people objections from the White House rather emergency spending, $17 billion that we of the stature of the gentleman from than generalities. hide by telling the Congressional Budg- Ohio (Mr. REGULA) and the gentleman Now, Mr. Speaker, I rise in strong et Office to pretend that programs are from Florida (Mr. YOUNG) and others support of this rule and the conference going to cost less than, in fact, the can do their very best not to do this, report on the Department of the Inte- Congressional Budget Office has told us and I would hope the other Members of rior and Related Agencies Appropria- they are going to cost. Then they move the other body would not do this. Be- tions Act for fiscal year 2000. This is billions of dollars into the next year in cause it seems to me that on this piece the twelfth fiscal year 2000 appropria- order to hide the fact that we are actu- of legislation that we are truly legis- tions conference report to come before ally appropriating it this year. And lating on an appropriations bill, but be- the House. Number 13 should be ready what we have really done is we have a cause I think it will be worked out, I soon. menu, we have a multiple choice menu. fully intend to support this bill and This is a good conference agreement. We have column A, which is the OMB, support the gentleman from Florida It provides important funding for the the White House numbers; column B, (Mr. YOUNG) and the gentleman from highest priority needs of operating and which is the Congressional Budget Of- Ohio (Mr. REGULA). maintaining our existing national fice which we are supposed to adhere to Ms. SLAUGHTER. Mr. Speaker, I parks and wildlife refuges. It includes in determining how much money is yield 3 minutes to the gentleman from funding to manage our Federal lands. spent. And instead of deciding one or Colorado (Mr. UDALL) whose late fa- Important to my State is funding for another, we have picked one from col- ther, Morris Udall, chaired the Com- the Everglades restoration. umn B, one from column A. They al- mittee on Interior and Insular Affairs At this point, I want to make note of ways pick the numbers that are the with great distinction. the fact that this is the anniversary of lowest, and that is the way they hide (Mr. UDALL of Colorado asked and the enactment of last year’s omnibus the fact that they are spending billions was given permission to revise and ex- appropriations bill. Because the terms of dollars more than we are actually tend his remarks.) and conditions of many of the appro- spending. That is why we think we Mr. UDALL of Colorado. Mr. Speak- priations bills that were included in need to get together. er, I thank my colleague, the gentle- that legislation still have effect today Mr. HASTINGS of Washington. Mr. woman from New York (Ms. SLAUGH- because of the terms of the continuing Speaker, I am pleased to yield 2 min- TER) for yielding me this time. resolution we were operating under, I utes to the gentleman from Utah (Mr. Mr. Speaker, funding for the Interior take this time to highlight one such HANSEN). Department and the Forest Service and provision that is important to the Of- (Mr. HANSEN asked and was given the other agencies and programs cov- fice of Management and Budget and to permission to revise and extend his re- ered by this appropriations bill is very the administration. That is that the marks.) important for our Nation and espe- continuing resolution will preserve the Mr. HANSEN. Mr. Speaker, let me cially for the West, which is my area of President’s authority under section just express the great respect that I the country. So I regret that I cannot 540(d) of the Foreign Operations, Ex- have for the gentleman from Ohio (Mr. support this conference report. There port Financing, and Related Programs REGULA), the chairman of the sub- are many problems with the report, but Appropriations Act, 1999, to waive sec- committee, and the absolutely difficult they can be summed up pretty easily. tion 1003 of Public Law 100–204. job that he has done. I do not know of It does not do enough of the right Mr. Speaker, I thank the gentleman a harder thing to work out than he has things, and it does too many bad for the time. done on this legislation. I fully intend things. Ms. SLAUGHTER. Mr. Speaker, I to vote for the rule and for the con- It does not do enough to respond to yield 2 minutes to the gentleman from ference report. the urgent need for protecting open Wisconsin (Mr. OBEY). However, I do have one concern. As space threatened by growth, sprawl and Mr. OBEY. Mr. Speaker, I thank the the chairman of the Subcommittee on development. It does not do enough to gentleman from Florida for clearing up Public Lands and National Parks, we properly manage our Federal lands and the question with respect to the Public had a hearing and this hearing was the fish, wildlife, and ecosystems that Law. I think that is a very useful clari- about the Everglades Recovery Plan. In they support. It does not do enough to fication. that area, there are 8.5 square miles, meet our national responsibilities to

VerDate 12-OCT-99 05:37 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.110 pfrm02 PsN: H21PT1 H10660 CONGRESSIONAL RECORD — HOUSE October 21, 1999 our Native Americans. It does not do good things in this bill but, on balance, mining. Also prohibits issuance of permits enough to support arts and arts edu- it falls short and so I cannot support it. for hardrock mineral exploration in the For- est for one year. Funds a study to assess the cation. And it does not do enough to INTERIOR BILL—OBJECTIONABLE RIDERS impact of lead and zinc mining in the Forest. help us make progress in making more 1. OIL VALUATION MORATORIUM 7. GRIZZLY BEAR REINTRODUCTION efficient use of our valuable energy Conference Agreement: Continues the mor- supplies. atorium for an additional 6 months while Conference Agreement: Prohibits reintro- But in other areas, it does too much. GAO studies the regulations proposed by the duction of grizzly bears into the Selway- It does too much to revise certain parts Department. This would be the fourth mora- Bitteroot Mountains in Idaho and Montana torium on these regulations. As requested by during FY 2000. The Fish and Wildlife Serv- of the mining law of 1872 through the ice has been working for several years on an appropriations process. Instead of let- the Congressional supporters of the morato- rium, the Minerals Management Service has innovative, collaborative process with local ting the Mill site issue be considered in conducted extensive outreach to the indus- stakeholders. the context of other aspects of that 125- try during the prior moratoria. 8. GRAZING year-old law, including the question of 2. MINING WASTE Conference Agreement: For FY 2000, auto- whether the taxpayers get a fair return Conference Agreement: Prevents the De- matically renews expiring grazing permits for mineral development on our and partment from implementing for many min- for which NEPA has not been completed for their public lands. It does too much to ing operations a provision of the Mining Law new 10 year terms. block efforts to reform the accounting of 1872 that limits the mine operator to one 9. INTERIOR COLUMBIA RIVER BASIN methods to determine how taxpayers 5 acre millsite per mining claim. Millsites Conference Agreement: Requires publica- and our public schools will share in the are typically used to dump mine waste. tion of a report describing goods and services proceeds from oil and gas taken from 3. HARDROCK MINING SURFACE MANAGEMENT in the 144 million acre Interior Columbia Federal lands, and it does too much to Conference Agreement: Imposes a one year River Basin prior to the release of the final legislatively interfere with sound and moratorium on issuance of regulations to environmental impact statement on the Ad- improve environmental compliance in the ministration’s effort to develop a coordi- orderly management of Federal nat- nated strategy for management of Federal ural resources and the protection of operation of hardrock mines. Requires that the 2001 budget include legislative, regu- lands in eastern Washington and Oregon, the environment. latory and funding proposals to implement Idaho, and western Montana. b 1615 recent recommendations of the National 10. AMERICAN HERITAGE RIVERS Academy of Sciences concerning surface It would undermine the established Conference Agreement: Prevents agencies management of hardrock mines. and offices funded in the bill from using processes for a rising national forest 4. EVERGLADES funds to support the American Heritage Riv- plan, for managing the public lands Conference Agreement: Makes the FY 2000 ers program administered through the Exec- managed by the BLM and for pro- grant to Florida for land acquisition in sup- utive Office of the President and the Council tecting the peace and quiet of the na- port of Everglades restoration contingent on on Environmental Quality. tional parks. a binding agreement between the Federal 11. BIA/IHS CONTRACTING MORATORIUM It would unduly restrict our efforts Government, the State and the South Flor- Conference Agreement: Continues the 1999 to work with other countries, to work ida Water Management District providing an moratorium on tribes assuming additional on the problems of global warming and assured supply of water to the natural sys- duties through new or expanded P.L. 93–638 tem of the Everglades and water supply sys- contracts, grants and self-governance com- climate change and would weaken our tems for urban and agricultural users. commitment to those communities pacts. The continued moratorium applies 5. WILDLIFE SURVEYS that want to work hard to make sure only to contracting and compacting by BIA Conference Agreement: Gives the Forest and HIS and exempts two programs: edu- that the natural, environmental, and Service and BLM discretionary authority to cation construction and IHS programs to cultural resources found along Amer- conduct wildlife surveys before offering tim- Alaska Tribes. ica’s heritage rivers are preserved. ber sales. 12. NPS/GRAND CANYON NOISE Mr. Speaker, I have great respect for 6. MARK TWAIN Conference Agreement: Prohibits the De- the gentleman from Ohio (Mr. REGULA), Conference Agreement: Suspends for one partment from spending funds to implement the gentleman from Washington (Mr. year the authority of the Secretary of the sound thresholds or standards in the Grand DICKS), and the other House conferees. Interior to segregate or withdraw land in the Canyon until 90 days after the NPS provides I recognize there are important and Mark Twain National forest from hardrock a report to Congress. DEPARTMENT OF THE INTERIOR—TITLE I APPROPRIATIONS: KEY BUDGET NUMBERS—CONFERENCE ESTIMATE** [Current BA in millions of dollars]

2000 estimate difference from 1999 2000 estimate difference from 2000 2000 President’s 2000 conf. esti- enacted pres. budg. request 1999 enacted* budget request mate Millions of dollars Percent Millions of dollars Percent

Total, Interior & Related Agencies ...... 6,940 7,769 7,277 +366 +4.8 ¥492 ¥6.3 BIA;/Indian Trusts Total ...... 1,786 2,002 1,912 +126 +7.0 ¥90 ¥4.5 Land Management Operations composed of ...... 2,665 2,856 2,825 +159 +6.0 ¥32 ¥1.1 BLM Operations ...... 716 743 743 +27 +3.8 +1 +0.1 FWS Operations ...... 661 724 716 +55 +8.3 ¥8 ¥1.1 NPS Operations ...... 1,288 1,390 1,365 +77 +6.0 ¥25 ¥1.8 Wildland Fire Management ...... 287 306 292 +5 +1.9 ¥14 ¥4.4 Interior Science ...... 798 838 824 +26 +3.3 ¥15 ¥1.7 Interior Land Acquisition composed of ...... 211 295 187 ¥24 ¥11.3 ¥108 ¥36.7 BLM Land Acquisition ...... 15 49 16 +1 +6.2 ¥33 ¥68.3 FWS Land Acquisition ...... 48 74 51 +2 +5.2 ¥23 ¥31.4 NPS Land Acquisition ...... 148 172 121 ¥27 ¥18.4 ¥52 ¥30.0 Interior Construction composed of ...... 415 420 437 +23 +5.5 +17 +4.1 BLM Construction ...... 11 8 11 +0 +3.9 +3 +36.8 FWS Construction ...... 50 44 55 +4 +8.2 +11 +25.3 NPS Construction ...... 230 194 224 ¥5 ¥2.3 ¥30 ¥15.7 BIA Construction ...... 123 174 147 +23 +19.0 ¥27 ¥15.7 Departmental Offices (w/o OST) ...... 214 229 222 +9 +4.1 ¥6 ¥2.8 All Other Funds ...... 689 997 725 +36 +5.2 ¥272 ¥27.3 *Does not include supplemental funds, special apporpriation for King Cover, Glacier Bay, subsistence. Does not include Y2K mitigation transfers. **Does not incluode any billwide reduction.

FY 2000 ANNUAL APPROPRIATED (CURRENT BA) BY BUREAU: ESTIMATED CONFERENCE OUTCOME [In millions of dollars]

Bureau 1999 Estimate 2000 Request Con. Estimate Outcome change Outcome change Amount from 1999* Percent change from req.* Percent change

Bureau of Land Management ...... 1,190 1,269 1,234 +44 +3.7 ¥35 ¥2.8 Minerals Management Service ...... 124 116 117 ¥7 ¥5.6 1 0.9 Office of Surface Mining Recl’n & Enforcemer ...... 279 306 287 +8 +2.9 ¥19 ¥6.2 U.S. Geological Survey ...... 798 838 824 +26 +3.3 ¥14 ¥1.7 Fish and Wildlife Service ...... 802 950 871 +69 +8.6 ¥79 ¥8.3 National Park Service ...... 1,748 2,059 1,809 +61 +3.5 ¥250 ¥12.1 Bureau of Indian Affairs ...... 1,746 1,902 1,817 +71 +4.1 ¥85 ¥4.5 Departmental Office: Departmental Management (99 comp.) ...... 60 63 63 +3 +5.0 0 0 Insular Affairs ...... 87 89 88 +1 +1.1 ¥1 ¥1.1

VerDate 12-OCT-99 05:37 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.114 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10661 FY 2000 ANNUAL APPROPRIATED (CURRENT BA) BY BUREAU: ESTIMATED CONFERENCE OUTCOME—Continued [In millions of dollars]

Con. Estimate Outcome change Outcome change Bureau 1999 Estimate 2000 Request Amount from 1999* Percent change from req.* Percent change

Office of the Solicitor ...... 37 42 40 +3 +8.1 ¥2 ¥4.8 Office of the Inspector General ...... 25 28 26 +1 +4.0 ¥2 ¥7.1 Office of Special Trustee ...... 39 100 95 +56 +143.6 ¥5 ¥5.0 NRDAR ...... 4 8 5 +1 +25.0 ¥3 ¥37.5 Departmental Office ...... 252 330 317 +66 +26.2 ¥13 ¥3.9 Subtotal, Interior Bill (current BA) ...... 6,939 7,769 7,277 +337 +4.9 ¥492 ¥6.3 Bureau of Reclamation ...... 781 857 769 ¥12 ¥1.5 ¥88 ¥10.3 Central Utah Project Completion Act ...... 42 39 39 ¥3 ¥7.1 0 0 Adjustments for Mandatory Current Accr ...... ¥57 ¥57 ¥57 0 0 0 0 Adjustment for Discretionary Offsets ...... ¥100 ¥47 ¥47 +53 0 0 0 Total Net Discretionary BA ...... 7,605 8,560 6,981 +376 +4.0 ¥580 ¥6.8 Total Current BA ...... 7,763 8,665 8,085 +323 +4.2 ¥580 ¥6.7 Note: Does not include 1999 supplemental, appropriations or transfers, Glacier Bay funds, subsistence funds.

ANTI-ENVIRONMENTAL RIDERS ON THE FY 2000 form’’ effort. Because BLM will be required vision was inserted into the bill as part of a INTERIOR APPROPRIATIONS BILL AS OF 10/19/99 to reissue (transfer) grazing permits under managers amendment on the Senate floor on 9/ This list was compiled by Defenders of the old terms and conditions, the agency will 14/99 on behalf of Senator Reid (D–NV). Wildlife using write-ups received from nu- have no reason to consider public comments (4) Sec. 135: Prevent Restoration of Glen merous groups in the conservation commu- or to allow administrative appeals of permit- Canyon and the Colorado River—would pre- nity. related decisions. As written, the language vent land managers from studying or imple- (*) indicates a provision that has been de- covers permits that expire ‘‘in this or any menting any plan to drain Lake Powell or to leted or amended and no longer objection- fiscal year’’ and may therefore undercut ex- reduce the water level in Lake Powell below able. isting litigation and administrative appeals the range required to operate Glen Canyon l indicates new provisions added in con- brought by the conservation community to Dam. This effectively prevents any restora- ference. protect wildlife and improve rangeland pro- tion efforts for Glen Canyon and the Colo- INTERIOR APPROPRIATIONS BILL (H.R. 2466) tection. To make matters worse, because it rado river near the Utah-Arizona border. (1) Sec. 122: Special Deal For Washington has been restated to apply to the Depart- Glen Canyon, one of America’s greatest nat- Grazing Interests—would renew and extend ment of Interior and not just the BLM, it ural treasures, was flooded in 1963 by the livestock grazing within the popular Lake will actually undercut efforts by the NPS to construction of the Glen Canyon Dam and Roosevelt National Recreation Area in apply NEPA and change grazing permits to Lake Powell. The dam has also caused envi- Washington. This provision undercuts a Na- protect the environment in places like the ronmental damage to fish and wildlife down- tional Park Service decision that livestock Mojave Desert National Preserve. This sec- stream on the Colorado River. This rider grazing was not an authorized activity with- tion provides a perverse incentive for the would tie the hands of land managers, pre- in the Recreation Area, and benefits 10 BLM to delay its NEPA and related environ- vent full consideration of restoration op- ranchers at a cost to the thousands of visi- mental analysis, as it will be politically easi- tions, and prohibit meaningful scientific re- tors using the National Recreation Area. Un- er to simply extend permits. view of the dam. like the Senate provision the House language Status: Amended but remains objectionable. Status: Unchanged as passed by the full Sen- places no limits on how long the renewals The provision was amended to make minor ate on 9/24/99 and negotiated by the House-Sen- could last. Lake Roosevelt National Recre- changes in conference but essentially retains the ate conference committee as of 10/18/99. This pro- ation Area is a popular destination spot for same objectionable provisions in the original vision was inserted into the bill as part of a water-sports enthusiasts and recreationists Senate rider. The reference to ‘‘this or any fiscal managers amendment on the Senate floor on 9/ along the Columbia River in Washington. year’’ was deleted but the bill language is still 14/99 on behalf of Senator Hatch (R–Utah). unclear as to the duration of the rider. Weakly- The National Park Service found that live- (5) Sec. 136: Expand Exemption for Fur worded report language was also added calling stock grazing should not be authorized with- Dealers to Include Internationally Protected for a non-mandatory permit schedule to be de- in the Recreation Area in 1990, and gave the Species—would effectively amend and ex- veloped absent a specific time frame. Sen. Dur- existing ranchers using the National Park pand an already controversy exemption for bin (D–IL) offered an amendment on the Senate Service lands several years to transition out fur dealers approved by the U.S. Fish and floor on 9/9/99 to limit the scope of this rider and of the use of this area. In 1997, all livestock Wildlife Service by including internationally establish a schedule for the completion of proc- grazing ceased within the National Recre- protected species under the Convention on essing expiring grazing permits by the BLM. ation Area. The rider re-instates the grazing International Trade in Endangered Species The amendment was tabled (rejected) by a vote practices to the benefit of a small handful of (CITES) and expanding the scope of the ex- ranchers on 1000 acres of National Park Sys- of 58–37 and remains in the bill. (3) Sec. 133: Give Away 2,500 Acres of Pub- emption to include all fur traders. This rider, tem lands within the National Recreation offered as part of a group of ‘‘non controver- Area. lic Land in Nevada for Development—would Status: Unchanged as passed by the full Sen- direct the Secretary of Interior to convey sial’’ manager’s amendments, goes dramati- ate on 9/24/99 and negotiated by the House-Sen- over 2,500 acres of public lands in Eastern cally beyond the existing exemption which ate conference committee as of 10/18/99. Nevada to the City of Mesquite free of was itself strongly opposed by a number of (2) Sec. 123: Allow Grazing Without Envi- charge. There are no restrictions on the uses conservation organizations. Specifically, the ronmental Review—requires the Bureau of of this land, and the city is apparently con- provision would: (1) increase the existing ex- Land Management (BLM) to renew expiring templating creating or expanding an airport emption from 100 to 1000 furs—a 10-fold in- grazing permits (or transfer existing per- corridor. The rider exempts the land convey- crease; (2) include shipments involving inter- mits) under the same terms and conditions ance from applicable administrative proce- nationally threatened and endangered spe- contained in the old permit. Expanded by dures and would likely preclude a full envi- cies (CITES-listed) such as lynx, river otter, Senator Domenici (R–NM) in full Committee, ronmental review of the environmental im- bobcat, and black bear in the exemption; and this automatic renewal will remain in effect pacts of this action. Development of this (3) expand the existing exemption to apply to until such time as the BLM complies with land could affect endangered fish species in- any person or business, whereas the current ‘‘all applicable laws.’’ There is no schedule habiting the Virgin River, including the exemption is restricted to the person who imposed on the Agency, therefore necessary wondfin minnow, Virgin River Chub, Virgin took the animals from the wild, or an imme- environmental improvements to the grazing River Spinedace and other species which live diate family member. The practical effect of program could be postponed indefinitely. nearby such as the southwest willow the amendment is that each and every fur This rider affects millions of acres of public flycatcher. This rider also provides for about shipment imported or exported will be craft- rangelands that support endangered species, 6,000 acres to be sold to the city for develop- ed to fit this exemption in order to avoid wildlife, recreation, and cultural resources. ment. The Department of Interior opposes paying user fees (ie, a shipment of 5000 furs The rider’s impact goes far beyond the lan- this amendment, because it gives away land will simply become 5 shipments), causing the guage contained in the FY 1999 appropria- that is currently being used by the Interior U.S. Fish and Wildlife Service to forego a tions bill, in which Congress allowed a short- Department without any compensation to significant amount of revenue used to sup- term extension of grazing permits which ex- the federal government. Also, the Federal port an already underfunded wildlife inspec- pired during the current fiscal year. As writ- Aviation Administration has not completed tion program, and further endangering spe- ten, this section undercuts the application of a suitability assessment for the airport site cies already shown to be threatened by any environmental law, derails both litiga- to determine whether it is appropriate for trade. tion and administrative appeals, and ham- aviation. Status: Amended but remains objectionable. pers application of the conservation-oriented Status: Unchanged as passed by the full Sen- After being passed by the full Senate on 9/24/99, grazing ‘‘standards and guidelines’’ that ate on 9/24/99 and negotiated by the House-Sen- the provision was amended in conference to cap were developed under the ‘‘rangeland re- ate conference committee as of 10/18/99. This pro- the annual volume of fur shipments per person

VerDate 12-OCT-99 05:37 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.101 pfrm02 PsN: H21PT1 H10662 CONGRESSIONAL RECORD — HOUSE October 21, 1999 under this exemption at 2,500. This change does tion’s largest money-losing timber sale pro- ered a ‘‘forest health’’ activity, this fund not substantively address the major concerns ar- gram. The rider’s supporters hope the flood could be used to fund timber sales. It also ticulated above. This provision was inserted into of taxpayer-subsidized timber will spur the represents a back door method to fund more the bill as part of a managers amendment on the creation of a highly automated veneer slicer. logging roads for salvage and commercial Senate floor on 9/14/99 on behalf of Senator Veneer slicers provide even fewer jobs per timber operations. This rider also eliminates Murkowski (R–AK). tree than the region’s defunct pulp mills. To the requirement that the roads and trails (6) Sec. 137: Delay Efforts to Reduce Noise add insult to injury, this comes on top of the fund be spent in the same state the money is Pollution in the Grand Canyon—would pro- $34 million increase the Senate added nation- generated when used for these purposes. This hibit the National Park Service from ex- wide to the Forest Service’s timber request opens the distribution of these funds to the pending any funds in FY 2000 to implement for FY 2000. political process, allowing all the funding to sound thresholds or other requirements to Status: Amended but remains objection- go to one state or region with more political combat noise pollution in the park until a able. After passing the full Senate on 9/24/99, clout. Since there is a salvage fund and other report on such standards is submitted to the provision was amended in conference to sources such as vegetation management Congress. Years of public discussion have re- reduce funding for this program by $6.55 mil- monies already available for this type of use sulted in agreement that the natural sounds lion for a final total of $5 million. Unfortu- and considering the consensus that exists re- of the Canyon need to be restored and pro- nately, most of the reduction was used to in- garding the great financial needs of the tected from air tours and other sources. This crease funds for a damaging and unnecessary agency’s road maintenance program, this amendment was introduced on behalf of the powerline through Alaska’s Tongass Na- rider is unnecessary and potentially destruc- air tour industry that wants to delay the im- tional Forest (See write up at end of the In- tive. plementation of those agreements and force terior section). This provision was originally Status: Unchanged as passed by the Full the National Park Service to spend addi- inserted into the bill as part of a managers House on 7/14/99 and negotiated by the House- tional time and money defending its deci- amendment on the Senate floor on 9/14/99 on Senate conference committee as 10/18/99. sions in an additional study on the subject. behalf of Senator Stevens (R–AK). (12) Sec. 328: Block Restoration of the Kan- Status: Unchanged as passed by the full Sen- (9) Title II: Lead Mining in Ozark National kakee River—would prohibit use of funds ate on 9/24/99 and reported from the House-Sen- Scenic Riverways—would prohibit the Sec- made available in the act from being ‘‘used ate conference committee on———. This provi- retary of the Interior from taking any action to establish a national wildlife refuge in the sion was inserted into the bill as part of a man- to prohibit mining activities in the water- Kankakee River watershed in northwestern agers amendment on the Senate floor on 7/14/99 sheds of the Current, Jacks Fork, and the Indiana and northeastern Illinois.’’ The on behalf of Senators Bryan (D–NV) and Reid Eleven Point rivers in the Missouri Ozarks Grand Kankakee Marsh was once one of the (D–NV). until June 2001. Under the Federal Land Pol- largest and most important freshwater wet- (7) Sec. 141: Allow the Oil Industry to Con- icy and Management Act, the Secretary of land ecosystems in North America, providing tinue Underpaying Royalties—would delay the Interior may remove federal lands from essential habitat to a spectacular variety of the implementation of an oil valuation rule access by mining companies. This provision, waterfowl, wading birds and other wildlife. by the Minerals Management Service (MMS) added by Senator Bond (R–MO) in full Com- Today, however, 95-percent of the Grand for the fourth time. The MMS’ rule would mittee, would block the Secretary from exer- Kankakee March has been drained for agri- force the largest oil companies to stop cising that authority. Missouri conservation culture and development. The U.S. Fish and underpaying, by $66–$100 million a year, the organizations, Missouri’s Attorney General Wildlife Service has proposed establishing royalties they owe the American public for Jay Nixon, and the National Park Service the Grand Kankakee National Wildlife Ref- drilling on public lands. These royalties had requested that Secretary Babbitt begin uge along the Kankakee in order to restore would otherwise go to the federal treasury, procedures to prohibit mining activities in and preserve 30,000 acres (less than one-per- to the Land and Water Conservation Fund, these critical watersheds. The Doe Run Com- cent of the land within the river basin) of wetlands, oak savannas, and native tallgrass and to state public education programs. This pany had targeted the area for exploratory prairies. The proposal is currently under- rider was attached by Senators Domenici (R– drilling, but withdrew the applications under going an Environmental Assessment. Al- NM) and Hutchison (R–TX) in full committee protest. These lands were purchased for wa- though the public overwhelmingly support mark up. tershed and forestry resource protection— Status: Amended but remains objectionable. the proposed refuge, for the second year in a and the groups and entities requesting the row, certain members of Congress are at- After being passed by the full Senate on 9/24/99, withdrawal are concerned that lead mining the provision was amended in conference to tempting to derail the proposal by including would conflict with these purposes. a legislative rider in the House Interior Ap- delay the new rule for 6 months pending a study Status: Unchanged as passed by the full by the Comptroller General of the General Ac- propriations bill. Senate on 9/24/99 and negotiated by the Status: Unchanged as passed by the Full counting Office (GAO). The GAO has already House-Senate conference committee as of 10/ House on 7/14/99 and negotiated by the House- released a study on the oil valuation rule in 1998 18/99. On 7/27/99, this provision was stricken Senate conference committee as of 10/18/99. and it is unclear what further study would from the Senate bill in order to comply with (13) Sec. 329: Undermine Consensus-based yield. On 7/27/99, this provision was stricken Senate Rule XVI, which was reinstated after River Management—would prohibit Federal from the Senate bill in order to comply with a four-year suspension by a Senate floor vote resource agencies such as the Fish and Wild- Senate Rule XVI, which was reinstated after a of 53–45 one day earlier. Rule XVI restricts life Service, US Forest Service, National four-year suspension by a Senate floor vote of the addition of unrelated policy riders to ap- Park Service and others, from participating 53–45 one day earlier. Rule XVI restricts the ad- propriation bills on the Senate Floor. How- in the American Heritage Rivers Initiative dition of unrelated policy riders to appropria- ever, the provision was re-offered on 9/9/99 on (AHRI). This voluntary presidential initia- tion bills on the Senate Floor. However, the pro- the Senate floor by Sen. Bond (R–MO) (for tive was designed to coordinate the efforts of vision was re-offered by Sen. Hutchison (R–TX) Sen. Lott (R–MS)). The amendment passed federal, state, and local agencies with inter- on the Senate floor. To keep the provision out of by a vote of 54–44 and remains in the bill. ests in the economic, cultural, and ecologi- the bill, Senator Boxer (R–CA) and others fili- (10) Sec. 321: Delay National Forest Plan- cal management of our nation’s most her- bustered the amendment until the Senate leader- ning—would impose a funding limitation to alded rivers. AHRI’s purpose is to streamline ship forced a vote on cloture. On 9/13/99, that halt the revision of any forest plans not al- management of river resources and facilitate vote failed to get the required 60 votes (55–40) ready undergoing revision, except for the 11 efficient allocation of federal, state, and which should have spelled the end of the forests legally mandated to have their plans local funds. This program explicitly did not amendment. However, proponents of the rider completed during calendar year 2000, until include any additional regulations or fund- demanded a re-vote due to the absence of 5 sen- final or interim final planning regulations ing but instead relies on coordination of ex- ators. On 9/23/99 the revote on cloture succeeded are adopted. There is concern that this pro- isting programs, staff, and funding. Last by a margin of 60–39. The Senate immediately vision will put pressure on the Forest Serv- year, ten rivers were selected from around voted to add the amended Hutchinson’s rider ice to hastily promulgate new regulations, the nation that reflected broad political sup- which is limited to FY 2000 to the bill by a vote rather than carefully incorporating recent port. This rider would essentially prohibit of 51–47. recommendations developed by an inde- these agencies from coordinating with other (8) Title II: Increase Timber Subsidies for pendent Committee of Scientists. Sec. 322 in river managers at a time when citizens are the Tongass National Forest—would allocate the bill would halt funding to carry out stra- working toward improving local/federal co- an extra $11.55 million to the Alaska Region tegic planning under the Forest and Range- ordination. This would cripple the manage- of the Forest Service to force a three year land Renewable Resources Planning Act ment funds of the Council on Environmental supply of timber. This rider creates a special (RPA). Quality (CEQ))/Executive Office of the Presi- fund to ensure that Alaska’s Tongass Na- Status: Unchanged as passed by the full Sen- dent for the American Rivers Initiative and tional Forest will continue to offer far more ate on 9/24/99 and negotiated by the House-Sen- sent a dangerous precedent for coordinating timber for sale than will be purchased. In ate conference committee as of 10/18/99. other environmental cross-agency programs. Fiscal Year 1998 the Forest Service sold only (11) Sec. 327: Divert Trail Fund for ‘‘Forest Status: Amended but remains objectionable. 25 million board feet of the 187 million of- Health’’ Logging—would allow the ten per After being passed by the full Senate on 9/24/99, fered. When the public’s old-growth trees cent roads and trails fund to be used to ‘‘im- the provision was amended in conference to were re-offered for sale at rock-bottom rates, prove forest health conditions.’’ Since there allow for ‘‘headquarters or departmental activi- still only have the volume sold. This rider are no restrictions limiting the use to non- ties’’ to be associated for with the AHRI pro- guarantees that the Tongass remains the na- commercial activities, and logging is consid- gram but still specifically prevents funds from

VerDate 12-OCT-99 05:37 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.104 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10663 being transferred or being used to support the Judge Dwyer upheld the plan, as well as re- forests in Idaho and Montana, and in the management fund at the Council for Environ- cent Ninth Circuit case law. Beyond seeking Umatilla National Forest in Oregon. A simi- mental Quality (CEQ) for this program. to undermine existing law, Section 329 di- lar provision was inserted and passed as part (14) Sec. 331: Limiting Preparation for Cli- rectly contradicts the overall direction rec- of the FY 1999 Interior Appropriations bill. mate Protection—would limit the federal ommended by the recent findings of the Land management goals include a variety of government’s ability to address the inter- Committee of Scientists for land manage- activities such as restoration of wildlife and national implications of climate change and ment planning on national forests. Its at- fish habitat, noncommercial cutting or re- help other countries to reduce greenhouse tempt to provide agencies the discretion to moval of trees to reduce fire hazards, and gas emissions, thereby prolonging the emis- bypass existing information gathering re- control of exotic weeds. While the stated sions of dangerous carbon dioxide and other quirements on wildlife resources prior to land management goals, provision for multi- global warming pollutants. The rider ignores making land management planning and ac- year contracts, and annual reporting re- the United States’ existing commitments to tivity decisions undermines the very ability quirements are worthy, there are three reduce emissions under the 1992 Senate-rati- to arrive at scientifically credible conserva- major drawbacks contained in the language fied Rio Treaty. Specifically the provision, tion strategies. Section 329 is not the first of the FY 1999 law: undefined community offered by Representative Joseph ‘‘don’t ask, don’t tell’’ rider offered in an at- roles, the lack of provisions for monitoring Knollenburg (R–MI) in full committee, would tempt to allow the government to forego the and oversight, and the funding mechanism prohibit use of federal funds by federal agen- collection and consideration of important for desired work. This provision was added at cies ‘‘to propose or issue rules, regulations, scientific information. The 1995 salvage log- the request of Senator Conrad Burns in Sub- degrees, or orders for the purpose of imple- ging rider also adopted this approach in committee. menting, or in preparation for the implemen- some significant ways with harsh results for Status: Amended but remains objectionable. tation of the Kyoto Protocol.’’ Similar lan- government accountability and ultimate After being passed by the full Senate on 9/24/99, guage has been inserted in the House credibility. the provision was amended in conference but versions of the FY 2000 Commerce/State/Jus- Status: Amended but remains objectionable. does not substantially address the concerns ar- tice, Energy and Water, VA–HUD, Agri- After being passed by the full Senate on 9/24/99, ticulated above. the provision was slightly amended in con- culture, Foreign Operations, and Interior Ap- (19) Sec. 343: Delay Critical Land Acquisi- ference but still seeks to waive the requirement propriations bills. tion—would significantly compromise the Status: Unchanged as passed by the full Sen- that the USFS and BLM survey for wildlife be- public land acquisition process in the Colum- ate on 9/24/99 and negotiated by the House-Sen- fore authorizing timber sales, grazing permits, bia River Gorge National Scenic Area and ate conference committee as of 10/18/99. and other activities on public lands. The revised would establish a dangerous precedent for (15) Sec. 333: Tongass Red Cedar Rider— language in Section 334 is further exacerbated land protection elsewhere. This provision would continue the failed policy of exporting by a new provision that seeks to grandfather in would require duplicative appraisals for wood and jobs off the Tongass National For- Northwest Forest Plan timber sales that were il- leach land purchase and add unnecessary bu- est by leveraging the amount of Western Red legally authorized without wildlife surveys. Sen. reaucracy, delays, and complexity to the Cedar available for export to the lower 48 Robb (D–VA) offered an amendment to strike process. Moreover, it would foster an un- and international markets against the per- the provision on the Senate floor on 9/9/99. The justified presumption that the existing land cent of the Tongass’ allowable sale quantity amendment was defeated by a vote of 45–52. (ASQ) that is actually sold. Alaska’s Western (17) Sec. 336: Weaken 1872 Mining Law— valuation process is flawed, creating a basis Red Cedar is a valuable export item and has would weaken the 1872 Mining Law by re- of hostility and antagonism likely to frus- become scarce in the forest as it only grows moving toxic mining waste dumping limita- trate willing-seller negotiations. As a result, in the southern Tongass. The remaining old- tions on federal public land. The rider was this extreme departure from longstanding growth Red Cedar provides important habi- attached by Senator Larry Craig (R–ID) in acquisition policies would be a substantial tat for brown bears and wolves. The rider full committee. In the only provision of the impediment to continued conservation in the stipulates that the only way in which inter- 1872 Mining Law that protects the environ- Columbia Gorge and would set the stage for ested manufacturers in the lower 48 can have ment and taxpayers, the millsite section similarly unproductive ‘‘reforms’’ in other access to all of the surplus Alaska Red Cedar states that for every 20-acre mining claim, conservation areas. logged in FY 2000 is if the forest’s entire al- mining companies are allowed one, and only Status: Amended but remains objectionable. lowable sale quantity is sold. Moreover, the one, 5-acre mill site for the processing or After being passed by the full Senate on 9/24/99, rider requires that the sold timber must dumping of mine wastes. Craig’s rider would the provision was amended in conference to but have at least a 60 percent guaranteed profit strip the millsite provision entirely, legal- does not substantively address the concerns ar- margin for the purchaser, continuing to izing unlimited mine waste dumping on pub- ticulated above. maintain the Tongass’s timber program as lic lands. The Craig rider represents a sweep- (20) Sec. 346: Effectively Waives NEPA re- our National Forest System’s largest money ing change to the 1872 Mining Law, and in quirements for Interstate 90 Land Exchange loser. the process it removes the only incentive the (WA)—would require the Secretary of Agri- Status: Unchanged as passed by the full Sen- mining industry has to seriously negotiate culture to complete a land exchange in ate on 9/24/99 and negotiated by the House-Sen- environmental and fiscal reform to one of Washington State with Plum Creek Timber ate conference committee as of 10/18/99. the most destructive public lands laws on Company within 30 days. Such mandate (16) Sec. 334: Undermine Science-based the books. could circumvent the National Environ- Management of National Forest and Bureau Status: Amended but remains objectionable. mental Policy Act’s public participation and of Land Management Lands—would attempt As currently written, the conference language environmental review requirements. The to provide the Secretaries of Agriculture and would exempt from the millsite waste dumping proposal to give Plum Creek the Watch Interior broad discretion during FY 2000 to limitation: existing mines, expansions to existing Mountain roadless area and old growth choose whether or not to collect any new, mines, grandfathered patent applications and groves in Fossil Creek (both now parts of the and potentially significant, information con- mines proposed before May 1999. It also could be Gifford Pinchot National Forest) has sparked cerning wildlife resources on the National viewed as rescinding Congress’s 1960 acknowl- significant opposition. The rider could cut Forest System or Bureau of Land Manage- edgment of the millsite provision as law. On 7/ short full consideration of the public’s con- ment Lands prior to amending or revising re- 27/99, Senators Patty Murray (D–WA), Richard cerns and block judicial review of the ade- source management plans, issuing leases, or Durbin (D–IL), and John Kerry (D–MA) offered quacy of the environmental analysis that otherwise authorizing or undertaking man- a floor amendment to strike this rider. That has been done. The rider also orders the For- agement activities. This section (formerly amendment was tabled (i.e., rejected) by a vote est Service to identify further lands to be ‘‘Section 329’’) seeks to overturn a February of 55–41 and the rider was retained. Addition- traded to Plum Creek. 18, 1999 decision by the United States Court ally, Nick Rahall (D–WV), Christopher Shays Status: Unchanged as passed by the full Sen- of Appeals for the Eleventh Circuit that the (R–CT), and Jay Inslee (D–WA) offered an ate on 9/24/99 and reported from the House-Sen- Chattahoochee National Forest in Georgia amendment to the House Interior Appropria- ate conference committee. This provision was had violated the law by not maintaining pop- tions bill (H.R. 2466) on 7/14/99 to prevent the originally inserted into the bill as part of a man- ulation data on management indicator spe- unlimited dumping of toxic mining wastes on agers amendment on the Senate floor on 9/14/99 cies as required under 36 C.F.R. 219.19, or sen- public lands. The amendment, which passed on on behalf of Sen. Slade Gorton (R–WA). sitive species as required under its own for- the House floor by a vote of 273–151, and was (21) Sec. 350: Prevent Grizzly Bear Reintro- est management plan. However, the implica- followed by a successful motion to instruct the duction—would be disastrous for grizzly bear tions of Section 329 extend far beyond any house conferees to keep the Rahall language, di- recovery and sets a very dangerous legisla- single national forest. For example, the For- rectly contradicted the Senate provision which tive precedent. This language prohibits the est Service could attempt to use the lan- would eliminate the millsite provision of the 1872 Department of the Interior and all other fed- guage of Section 329 to undercut full imple- Mining Law. Despite these votes, the House eral agencies from expending funds in any mentation of, and accountability under, the capitulated to the Senate in conference. fiscal year to introduce grizzly bears any- NW Forest Plan. This section’s ‘‘don’t ask, (18) Sec. 341: Stewardship and End Result where in Idaho and Montana without express don’t tell’’ approach may invite the Forest Contracting Demonstration Project—would written consent of the governors of those Service to take a shortcut around the infor- permit the Forest Service to contract with two states. The language requires federal mation collection and analysis required by private entities to perform services to agencies to get state permission to imple- the plan—undercutting the basis on which achieve land management goals in national ment a federal law on federal lands and sets a

VerDate 12-OCT-99 05:42 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.106 pfrm02 PsN: H21PT1 H10664 CONGRESSIONAL RECORD — HOUSE October 21, 1999 broad precedent, both for other endangered Mr. Speaker, I rise in support of the tains anti-environmental riders that species recovery actions and for all other rule and the Interior conference report, interfere with the proper management federal laws. Moreover, this provision would and I wanted particularly to commend of the public’s resources. derail a five-year collaborative effort initi- the Committee on Appropriations, par- This report drastically underfunds ated by local timber, conservation, and labor interests to restore grizzly bears to the ticularly the gentleman from Florida the President’s land legacy initiative Selway-Bitterroot ecosystem in Idaho and (Mr. YOUNG) and the gentleman from that is designed to protect the endan- Montana, the largest roadless area remain- Ohio (Mr. REGULA), for including fund- gered lands and resources that are ing in the lower forty-eight states. This re- ing increases in areas such as the Park threatened by development. It is ironic introduction is vital to grizzly bear recovery Service and the wildlife refuge system, that this legislation should take such in the lower forty-eight states. Finally, both particularly in this difficult year. an extreme and anti-environmental po- Idaho and Montana have existing popu- This bill is critically important to sition on such an issue at a time when lations of grizzly bears outside the Selway- my home State of Florida. It is not we are working mightily to fashion on Bitterroot ecosystem. This restrictive lan- guage is so unclear and broad that it could just my home State. It is the destina- a bipartisan basis a resource initiative. prohibit actions such as population aug- tion of many visitors as well. Since it Throughout this country, hundreds of mentations or the movement of problem serves as the main vehicle for Ever- thousands of people from soccer moms bears within existing recovery populations glades restoration funding, I am to sporting goods manufacturers, from (e.g. Glacier and Yellowstone National pleased that this year as in past years environmentalists to hunters to park Parks). the committee has made sure that Con- professionals to inner-city police orga- Status: Unchanged as passed by the full Sen- gress continues to lead the charge in nizations have come together to reach ate on 9/24/99 and negotiated by the House-Sen- restoring the Everglades, unquestion- and support legislation that would ex- ate conference committee as of 10/18/99. On 7/27/ 99, this provision was stricken from the Senate ably a unique national treasure which pand, not constrict as this legislation bill in order to comply with Senate Rule XVI, gives great enjoyment to a great many does, the amount of investment we in which was reinstated after a four-year suspen- people. Congress would make with the re- sion by a Senate floor vote of 53–45 one day ear- In addition, I am grateful that the sources of this country. lier. Rule XVI restricts the addition of unrelated committee was able to make available The President requested $413 million policy riders to appropriation bills on the Senate land acquisition fund for the J.N. Ding for his land legacy and the land water Floor. However, on 9/14/99 Sen. Burns (R–MT) Darling National Wildlife Refuge which conservation fund for the year 2000. and Sen. Craig (R–ID) successfully re-offered happens to be in my district and in fact The conference report provided less the provision which still prohibits funds for the than $250 million. The administration physical relocation of grizzly bears into the comprises about 50 percent of my Selway-Bitterroot ecosystem, but limits the pro- hometown of Sanibel, another area sought $4 million for urban parks pro- hibition to fiscal year FY2000. Although amend- that is enjoyed by literally millions of grams. The conference report provided ed, the provision remains objectionable. visitors. half of that amount of money. We have (22) Sec. 355: Delays Improvements to White Some of my colleagues have ex- to understand that the people of this River Forest Plan—would further delay the re- pressed some concern about certain country want these resources pro- vision of the forest plan for Colorado’s White riders in this conference report before tected. They want the opportunities River National Forest by extending the com- us. I know that I generally share the expanded. Ninety-four percent of all ment period on the revised plan for another three months. The Forest Service has al- opinion of my colleagues on the Com- Americans support more funding for ready granted a 90-day extension making the mittee on Appropriations when I say the land and water conservation fund. comment period six-months long more than these issues really are best handled That is a Republican pollster taking ample time for all interests to make their through the authorization process, that poll. Eighty-eight percent of the views known. This forest is one of the most which is why we have authorizers and American people agree we must act popular national forests in the country, con- authorizing committees. now or we will lose these special taining the world-famous Maroon-Snowmass Of course, as my good friend, the gen- places. Wilderness along with Vail, Aspen and sev- tleman from Ohio (Mr. REGULA), is well This bill does not act now, and it eral other ski areas. In its draft management aware, however, that since 1983 Florida does so in the riders. In the riders it plan, the Forest Service has proposed for the first time trying to better manage rampant has benefited from a legislative rider continues to give away public land for recreation by limiting it to its current levels on this bill that protects our coastal the mining companies to dispose of to the outrage of the motorized recreation areas from offshore oil and gas drilling. their waste and their toxic waste on and ski industries. The rider is a thinly We have been trying to deal with the these lands, and it overrides the limita- veiled attempt to delay the new forest plan issue in the authorization committee, tions in the 1872 mining law; but they until the next Administration in hopes of but so far we have been unable to get will not override those limitations to permanently sandbagging any attempts by the job done so I want to express my try to get the American people the roy- the Forest Service to rein in corporate ski appreciation and I think the apprecia- alties and rents for the use of those area expansions and rampant off-road vehi- cle use. tion of the full Florida delegation that public lands. Status: Unchanged as negotiated by the the committee has once again included This land also continues to allow the House-Senate conference committee as of 10/18/ this stop-gap rider to protect Florida oil companies to underpay the royal- 99. This provision was added in conference by offshore waters from oil and gas drill- ties that my colleague, the gentle- Senator Ben Nighthorse Campbell (R–CO). ing, which is a position our State holds woman from New York (Mrs. (23) Sec. 357: Blocks Stronger Hardrock Min- very strongly and some other States do MALONEY), has worked so hard on. This ing Environmental Regulations—would further as well. continues to let them underpay $60 delay the Department of Interior’s attempt to strengthen environmental controls appli- I urge my colleagues to support this million in royalties that they owe the cable to hard rock mines (the so-called ‘‘3809 rule, which is fair and traditional for people of this country, $6 million in the regulations’’). Specifically, the rider would this type of legislation. I urge them to State of California that goes to the extend the moratorium on stronger hardrock consider the conference report care- education system in our State for mining regulations through the end of fiscal fully and support it, because it is a young people. year 2000. compromise conference report; but I This report continues to let the oil Mr. HASTINGS of Washington. Mr. believe it is a very good one under the companies have a royalty holiday on Speaker, I yield 3 minutes to the gen- circumstances. lands that they drill oil from, that tleman from Florida (Mr. GOSS), the Ms. SLAUGHTER. Mr. Speaker, I they take from the American people, vice chairman of the Committee on yield 3 minutes to the gentleman from and they underpay the resources. That Rules. California (Mr. GEORGE MILLER). should not be allowed to continue. (Mr. GOSS asked and was given per- Mr. GEORGE MILLER of California. This bill also fails to provide the mission to revise and extend his re- Mr. Speaker, I rise in strong opposition kind of support that is necessary so the marks.) to this conference report. This legisla- Indian tribes of this Nation can con- Mr. GOSS. Mr. Speaker, I thank my tion defies the will of the American tinue to take over the functioning of friend, the gentleman from Washington people by severely underfunding our those programs where the Government (Mr. HASTINGS), for yielding me this national effort to protect and preserve acted on their behalf in a most pater- time. the national lands and because it con- nal manner, that the Indians can now

VerDate 12-OCT-99 04:47 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.109 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10665 run those programs of the Indian their preferences. So I must say, with President to either accept or reject health service from the Bureau of In- respect to the mining issue and the that under the Constitution, which is dian Affairs, and they can do it more patent issue, what we tried to do was his obligation. efficiently. They do it with greater en- have agreement between the two sides Ms. SLAUGHTER. Mr. Speaker, I rollment and greater care for the mem- on the issue and come up with some- yield 2 minutes to the gentlewoman bers of their tribes, and yet this legis- thing that is acceptable to both as best from New York (Mrs. MALONEY). lation does not speak to those in a we could. (Mrs. MALONEY of New York asked proper manner. Was it perfect? Is it a perfect bill? and was given permission to revise and This legislation is bad for the envi- Certainly not, but my goodness let us extend her remarks, and include extra- ronment. It is bad for the taxpayers. It be reasonable in adopting this rule, neous material.) is bad for school children. It is bad for moving this process along, not frus- Mrs. MALONEY of New York. Mr. the public that supports our parks and trating it and waiting until the end so Speaker, I thank the gentlewoman public lands, and we ought to reject it. that then we are down to the White from New York (Ms. SLAUGHTER) for Mr. HASTINGS of Washington. Mr. House with millions and millions in yielding me this time. Speaker, I yield 5 minutes to the gen- more dollars in the final package. That Mr. Speaker, I rise in opposition to tleman from Washington (Mr. is not acceptable. the rule and to the underlying bill. I would say to my friend on the other NETHERCUTT). So I must say, I think the objectors Mr. NETHERCUTT. Mr. Speaker, I in this case are not thinking it through side of the aisle, who says that we want thank the gentleman from Washington carefully in terms of what is good for to spend more money. Actually we are trying to save money. One of the ter- (Mr. HASTINGS) for yielding time to me. this country and what is good in this Mr. Speaker, I am proud to serve as bill. It is a good bill. It is a bill that rible, anti-environmental riders is also a member of the Committee on Appro- was crafted by a very diligent chair- very anti-taxpayer. It is an undisputed priations and the Subcommittee on In- man in conference committee on both fact that the oil rider that is attached costs the American taxpayer $66 mil- terior and was part of the conference sides of the aisle and both sides of the lion a year. This is money that could committee that worked so hard with Capitol. go to education, to our schools. the gentleman from Ohio (Mr. REGULA), Mr. OBEY. Mr. Speaker, will the gen- We just had a bill on the floor where a tremendous chairman in this case, tleman yield? people talked about the need for more trying to craft a measure that would be Mr. NETHERCUTT. I yield to the money for education. This is where we balanced and sensible under the limita- gentleman from Wisconsin. could save some money, where we tions that we have funding-wise. Mr. OBEY. Let me say the gentleman could save some money by doing what We worked hard in the conference has misconstrued what I said. I did not is right. I would just like to say that committee with Senator GORTON, our say that this bill had spent too much what basically has happened is for dec- colleague from Washington State in money. What I said was under the rules ades the oil companies have underpaid the other body, who worked very hard of the House, the rules prohibit this the Government for oil extracted from on behalf of the Senate to try to craft bill from being considered at this point federally owned lands. They got caught because it exceeds the budget ceiling a measure that makes some sense. by the Department of Justice, by the What I have heard the speakers on that the gentleman’s party assigned to Department of Interior, and I would the other side say in the last 15 min- the subcommittee; and, therefore, say by the Subcommittee on Govern- utes or so defies reality; it defies logic. under those circumstances a vote for ment Management, Information, and On the one hand, they say this bill is this rule is a vote to exceed the ceiling Technology headed by the gentleman inadequate and they want to spend that the gentleman’s party itself im- from California (Mr. HORN), who held more money. On the other hand, the posed. What we are suggesting is that many hearings on the underpayment of gentleman from Wisconsin (Mr. OBEY) that needs to be fixed and a lot of other oil royalties, the royalty holiday of the says we are spending too much money things need to be fixed, and the only oil companies stealing money from the in this bill; that we are over our alloca- way to do that is to sit down and fix it, American taxpayer. tion. rather than send a bill to the President They had to pay $5 billion in pen- Well, the lands legacy program that that we know is dead on arrival. alties for what they ripped off in the the gentleman from California (Mr. Mr. NETHERCUTT. Reclaiming my past. GEORGE MILLER), the gentleman just time, I appreciate yielding to the gen- So what we have before us is a num- spoke of, is $413 million. tleman but these ceilings are adjust- ber of anti-environmental riders that My point is, they want to spend more able and the gentleman realizes that, I are terribly unacceptable. I must say money and they want to frustrate this believe, that they are adjustable. They that the gentleman from Washington bill. They do not want this conference have to be adjustable based on our con- (Mr. DICKS), who is the ranking mem- report to pass under any circumstance ditions. ber, and the gentleman from Ohio (Mr. because they know that if it passes and Mr. OBEY. They sure are. REGULA) did a wonderful job keeping goes down and the President has to ad- Mr. NETHERCUTT. That is the na- them off of the House version, but we dress the issue of whether it is ade- ture of this process, it is, and the bot- need to keep them off the conference quate, then they are going to have a tom line, though, with regard to those report, too. So I hope that my friends problem because they want this to go who object is that they want to spend on the other side of the aisle will join in an omnibus bill. They do not want millions and millions and millions of us in voting against this rule, against to have any allocation made on the dollars more. That is really what is the unacceptable oil riders and other merits of this particular bill. happening here. I guarantee if we do riders that hurt the environment, that One had to be there, Mr. Speaker, to not pass this bill and send it down to steal money from the taxpayers that understand the diligence that went the President and let him make his could be going to education. It is just a into trying to craft this measure and judgment as he should under the Con- bad bill. We need to stand up for Amer- have it be acceptable. We are $77 mil- stitution, either veto it or sign it and ica’s schools, for the American tax- lion over last year on the National then tell us why he has vetoed it, if he payers, and stand up against the anti- Parks Service. We are $50 million over will, then we are going to be in an om- environmental rip-off and oppose this the Bureau of Land Management for nibus and all of those of us who care conference report. last year. We are $55 million more for deeply about preserving Social Secu- the U.S. Fish and Wildlife Service; the rity and all of those on the other side b 1630 Indian Health Service, $2.4 billion, a of the aisle who profess that they do There is no reason why we should $130 million increase. When is enough are going to be breaching their own continue paying big oil companies $66 enough? commitment to that goal. million that they do not deserve, be- We are trying to balance this bill, So I urge my colleagues, vote for this cause they pay themselves market meet the objections of the other body, rule. Vote for this bill. Support the price. But when it comes to paying meet the objections of our colleagues conference committee’s best efforts to American schoolteachers and the gov- on the other side of the aisle, and also make this work and let us get the ernment for federally owned land, they

VerDate 12-OCT-99 04:47 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.117 pfrm02 PsN: H21PT1 H10666 CONGRESSIONAL RECORD — HOUSE October 21, 1999 underpay to the tune of $66 million a ator Kay Bailey Hutchison of Texas, the tion Fund, and the U.S. Treasury. In addi- year. It is wrong. It is terribly wrong. amendment’s sponsor, and Senator Craig tion, states and Indian tribes received a If my colleagues are fiscally conserv- Thomas of Wyoming. Unfortunately, the share of the royalty payments. Many states, ative, vote against this bill just on the measure passed. The bill to which it is at- including California, put the money directly tached contains objectionable anti-environ- into their public school system. oil rider alone. mental features, and President Clinton For decades, states and independent ob- Mr. Speaker I rise in strong opposition to should veto it. servers have accused oil companies of delib- this conference report. It is perverse for the Senate to cut school erately undervaluing their oil in an effort to Because it contains an unacceptable rider, aid, housing and other domestic programs on reduce their royalty payments. As a result, that will let big oil companies, continue to steal the ground that the budget needs to be bal- several states and private royalty owners money from our nation's schoolchildren, to fat- anced, and then to cut revenues even more have filed suit against several major compa- ten their own wallets. by handing out a big break to oil companies. nies, and have collected over five billion dol- Mr. Speaker, these oil companies, have Mr. Feingold, in raising the campaign reform lars in settlements to date. The Justice De- issue, knew that simply pointing out what partment recently decided to sue several been caught cheating, on the royalty pay- everyone knows is true would be embar- companies for underpayment of federal roy- ments they owe, for drilling oil on federal land. rassing. If embarrassment moves the sen- alty payments; one company has already set- Royalty payments, that benefit our schools, ators to act, it should be not to stop someone tled, and several others are rumored to be our environment, and the American taxpayer. from telling the truth, but to pass the ban on nearing settlements. As a result, they have to pay almost five bil- unlimited ‘‘soft money’’ to parties sponsored MMS has attempted to fix this problem lion dollars in settlements. by Mr. Feingold and John McCain of Ari- permanently by introducing a new rule But now, every time that the Interior Depart- zona. which will link royalty payments with the ment has tried to fix the rules so that they pay Mr. Feingold likes to point out that he is fair market value of the oil. It is estimated an heir to the Senate seat of Robert La the money they owe. that the new rule will save taxpayers at Follette, the progressive hero of nearly a least $66 million per year. Furthermore, The supporters of big oil, have come to this century ago, who used to ‘‘call the roll’’ of MMS estimates that the new rule will im- Congress, and blocked them from doing it. railroads and other big donors who got their pact only 5 percent of all oil companies—pri- This time, they were a little more creative, way in government. La Follette’s ability to marily large, integrated companies. Ninety- they decided to delay the rules until the Gen- embarrass his colleagues led eventually to five percent of companies, including all inde- eral Accounting Office, can audit Interior's the ban on corporate donations to individual pendent producers, will not be affected. rulemaking process. candidates of 1907, a ban that is now being On three separate occasions, oil-industry But we all know, that this is just another undone by the ‘‘soft money’’ scam whereby allies in the Senate have attached rides to delay, designed to get us to the next must- the money is given to parties, not can- must-pass appropriations measures to block didates. Mr. Feingold’s ‘‘Calling of the Bank- the new rule. The current rider expires at pass appropriations bill, when they'll attach roll’’ has pointed out how health insurance the end of this fiscal year, and oil industry another rider, so we can start this process all donors influenced legislation governing supporters, led by Senator KAY BAILEY over again. health-maintenance organizations, how the HUTCHISON (R–TX) attached a rider to the In fact, Mr. Speaker, GAO has already tax-cut bill got packed with treats for busi- Senate Interior Appropriations Bill that issued a report on Interior's rulemaking proc- nesses, and how big donations by Chevron, would extend it until October 1, 2000. The ess, and found that Interior has been ex- Atlantic Richfield and BP Amoco led to the rider passed on a narrow 51–47, after sup- tremely thorough, and gone out of its way to break on oil royalties. porters barely mustered the 60 votes to beat respond to the comments of the oil industry. This season of Republican-touted budget a filibuster led by Senator BARBARA BOXER restraint was enlivened by the influence of a (D–CA). Mr. Speaker, I listened yesterday as my col- different special interest in the defense area. Attachments: Editorial dated 9/27/99 from leagues on the other side of the aisle prom- Trent Lott, the majority leader, wants a half the New York Times, Editorial dated 9/15/99 ised to do everything they could, to save every billion dollars to start building a ship, the from the Washington Post, New York Times penny in the social security trust fund. LHD–8. The Navy says it does not need the article from 9/21/99, Floor Statement by Con- So I cannot understand why when we're money or the ship, Naturally, the Senate has gresswoman MALONEY, Press Release from cutting the COPS program: Cutting the NEA; approved the money. Not all spending re- Congresswoman MALONEY, Recent settle- cutting the Land and Water Conservation straint is healthy, at least to some senators. ments against the oil industry for under- Fund; When we're cutting all these vital pro- Perhaps it is germane to point out that the payment for royalties, Letter to the Presi- ship would built at a shipyard in Mr. Lott’s gramsÐwe're telling deadbeat oil companies, dent from Congresswoman MALONEY and home state of Mississippi. Senator BOXER, Disbursement of Royalty that owe the American taxpayer millions. ``It's Revenues, 1982–1998. OKÐwe really don't need the money.'' Oil royalty settlements, July, 1999 Mr. Speaker, this is absurd and illogical. Alaska ...... $3,700,000,000 BUDGET VALUES I urge my colleagues to stand up for the California ...... 345,000,000 To stay within spending limits, most American taxpayer. Louisiana ...... 250,000,000 House Republicans and some Democrats Stand up for America's schools. Stand up Private owners ...... 180,000,000 voted last week to squeeze federal housing against this anti-environmental rip-off. And op- Federal Governments ...... 45,000,000 programs for the poor. This week House Re- pose this conference report. Texas ...... 30,000,000 publican leaders acknowledged they were Alabama ...... 15,000,000 Mr. Speaker, I include for the RECORD the considering deferring billions of dollars in New Mexico ...... 7,000,000 following documents: income support payments to lower-income Florida ...... 2,000,000 working families as well. But congressional [From the New York Times, Sept. 27, 1999] zeal in behalf of budget savings appears to THE SENATE’S OILY DEAL Total ...... 4,600,000,000 extend only so far. Though it was little noticed at the time, a Note: This list includes financial settlements from The Senate currently faces the question of donnybrook over Senate rules last week il- oil royalty valuation lawsuits and government in- ending what amounts to income support, not vestigations. Figures may include taxes paid to lustrated the outsized role of special inter- state governments resulting from the settlements. for low-income families but for oil compa- ests in government. The issue was a money nies. The Interior Department would require grab by oil businesses, which want to lower BACKGROUND MATERIAL ON THE BIG-OIL the companies to begin paying royalties the royalties they have to pay the Govern- RIDER based on the open market value of oil and ment for drilling on Federal land. When Sen- PREPARED BY THE OFFICE OF REP. CAROLYN gas extracted from the federal domain. Sen. ator Russell Feingold of Wisconsin tried to MALONEY Kay Bailey Hutchison has an amendment to block an amendment that would let them The current Senate version of the Interior the Interior appropriations bill that would keep their royalty payments artificially low Appropriations Bill contains a rider that allow them in many cases to continue to pay and pointed out that oil-sector campaign do- would prohibit the Department of the Inte- less. On a test vote Monday, she was able to nations were calling the shots, several sen- rior’s Minerals Management Service (MMS) marshal 55 of the 60 votes she needs to cut off ators objected. Their reason? Mr. Feingold’s from implementing its new oil-valuation debate and put the amendment in place. The recitation of campaign donations was not rule. The rule governs the royalty payments remaining votes are said to be at hand: all 54 ‘‘germane’’ and therefore not allowed during made by private oil companies that drill oil Senate Republicans, the lone independent, the debate. on federal land. former Republican Bob Smith, and five way- How quaint of the senators to disparage All companies that drill on federal land are ward Democrats. the germaneness of campaign contributions. required to pay the government a royalty— In the end, it is well understood that Con- In fact, nothing could be more relevant than generally 12.5 percent of the value of the gress will breach the spending limits, which the power of donors to call the tune in Con- oil—to the taxpayer. Money from royalty are artificially tight. In the meantime, we gress. Fortunately, Mr. Feingold was allowed payments helps to fund the Land and Water have pretense to the contrary. But even the to continue, in spite of complaints from Sen- Conservation Fund, the Historic Preserva- pretense produces winners and losers. Oil

VerDate 12-OCT-99 05:31 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.120 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10667 wins, poor people lose; those are the values Senator Hutchison, who has received $1.2 most of the major oil companies have signed of this Congress. million in contributions from oil companies settlements totaling about $5 billion with The spending caps represent no one’s idea in the last five years, has been winning the seven states. of the true cost of government. They were battle to block the pricing regulations since But Ms. Hutchison says forcing the compa- set in the 1997 budget deal between the presi- the Interior Department imposed them in nies to pay royalties based of the true mar- dent and congressional Republicans to make 1995. The department estimates that oil com- ket price of oil amounts to an unfair tax in- it appear that the politicians could, too, bal- panies are saving about $5 million a month, crease. ance the budget while granting a tax cut. money that would otherwise be flowing to ‘‘They are breaking a contract and saying: Now it’s time to adhere to them, and there education, environmental programs and ‘We are going to raise your taxes,’ ’’ she ar- aren’t the votes. Nor should there be, given other projects. gued on the Senate floor this week. the long-term damage that adherence would Senator Hutchison calls the regulations a ‘‘If we allow that to happen, who will be do. The question isn’t whether they’ll be ex- breach of contract and an unfair tax in- next?’’ the Senator asked. ‘‘Who is the next ceeded but by how much, how honestly, and crease. She says she represents ‘‘the over- person who is going to have a contract and who will bear the blame. whelming majority of the Senate who want have the price increased in the middle of the To avoid the appearance of breaching to do the right thing, who want fair taxation contract? Contract rights are part of the them, Congress has been using all manner of of our oil and gas industry.’’ basis of the rule of law in this country, and gimmicks. Ordinary expenditures for such For 4 years, she has placed amendments we seem to blithely going over it.’’ things as the census and defense have been and riders into annual spending bills to keep If the Hutchison amendment comes to a classified as emergencies, because under the the Interior Department regulations from vote—and it might this week—it appears budget rules, emergencies don’t count. Var- taking effect. To do otherwise, she argues, likely to pass, with support from almost all ious devices have likewise been used to alter would be ‘‘to let unelected bureaucrats make the Senate’s 55 Republicans and a few oil- not the amount of spending but the timing of decisions that will affect our economy.’’ state Democrats. it, to move it out of next fiscal year. That’s Senator Hutchison’s chief antagonist has If the Senate lets the regulations take ef- what the House leadership is contemplating been Senator Barbara Boxer, a California fect, says Senator Frank Murkowski, an with regard to the earned income tax credit, Democrat who has condemned the under- Alaska Republican who supports the amend- which provides what amount to wage supple- paying of royalties as a scheme intended to ment, the message will be clear: ‘‘We will be ments to the working poor. They should be ‘‘rob this Treasury of millions and millions saying, ‘Go ahead. Raise royalties and taxes. the last victims of budget-cutting, not the of dollars.’’ We, the U.S. Senate, yield our power.’ ’’ first. ‘‘We shouldn’t have a double standard just HTTP://WWW.NYTIMES.COM A third device has been to avoid deep cuts because an oil company is powerful, just be- Graphic: Photos: Senator Kay Bailey in the smaller domestic appropriations bills cause an oil company can give millions of Hutchison, left (Stephen Crowley/The New by ‘‘borrowing’’ funds from the larger final dollars in contributions,’’ Senator Boxer York Times), is seeking to protect compa- ones, for veterans’ affairs, housing, labor, said. nies that drill on Federal land. Senator Bar- The Senate has never actually voted on health and human services and education. bara Boxer says they are underpaying. (Ed Senator Hutchison’s measure. It has been in- But that has merely concentrated the prob- Carreon for The New York Times) lem, not solved it. Meanwhile, the housing serted into must-pass spending bills that programs are essentially frozen in a period in provide a perfect vehicle for controversial REMARKS OF THE HONORABLE CAROLYN B. which the general prosperity masks increas- measures that might attract public notice if MALONEY ON THE BIG-OIL RIDER IN THE IN- ing need. they were openly debated. TERIOR APPROPRIATIONS BILL—JULY 13, 1999 The president and Congress knew the ap- This year, however, the Senate decided it would stop attaching such riders to appro- I rise today in support of this legislation. propriations caps they set in 1997 were un- I would like to applaud the Appropriations likely ever to be met. The caps were set for priations bills. Now the Hutchison amend- ment has turned into a running battle on the Committee for wisely rejecting efforts to show; they were an official lie to which both load this bill up with controversial anti-envi- parties put their names, and from which Senate floor. The Interior Department first proposed the ronmental riders. Unfortunately, the version they continue to try to extricate themselves. of this bill passed by the Appropriations The projected surplus in other than Social regulations in December 1995, nearly 10 years after the State of California first began to Committee in the other body contains nu- Security funds over which they have been merous riders that would never pass on their fighting all year—the one Republicans would suspect that energy companies were under- paying the royalties they owed on oil own and have no place in this legislation. use to finance their about-to-be-vetoed tax One of these riders, in particular, robs the cut—exists only if you assume that most do- pumped from Federal and State land. The royalty is 12.5 percent for onshore drilling American taxpayer of over 66 million dollars mestic spending will be cut by more than a per year. this rider would permit big oil com- fifth in real terms, as the caps require. But and 16.67 percent for offshore production. For the industry’s giants, the royalties are panies to continue to underpay the royalties the votes don’t exist for even the first of they owe to the Federal Government, States these cuts, much less the full mowing; nor is a small fraction of earnings. For the Exxon Corporation, they represent about one- and Indian tribes, cheating taxpayers of mil- it just Democrats who are turning away. lions of dollars. It would do this by blocking They’re living a lie, both parties; that’s the eighth of 1 percent of company revenues. Ac- cording to Interior Department figures, the the Interior Department from implementing reason for the gimmicks. Only the oil sub- a new rule which would require big oil com- sidy seems unaffected. Are there really no new regulations would cost Exxon $8 million, an additional one-hundredth of a percent of panies to pay royalties to the Federal Gov- Republicans in the Senate who think it ernment based on the market value of the oil wrong? revenues. The money goes to the Treasury, which they produce. Earlier this year, I released a report dem- [From the New York Times, Sept. 21, 1999] sends it to environmental and historic-pres- ervation projects, and to 24 states, many of onstrating how these companies have cheat- BATTLE WAGED IN THE SENATE OVER which use the money on education. ed the American taxpayer of literally bil- ROYALTIES ON OIL FIRMS But instead of basing their royalties on the lions of dollars of the past several decades. (By Tim Weiner) actual market price of oil, the energy com- They do this by complex trading devices Oil companies drilling on Federal land panies have been using a price they set that which mask the real value of the oil they have been accused of habitually underpaying has run as much as $4 a barrel less than the produce. By undervaluing their oil, these royalties they owe the Government. Chal- market price. companies can avoid paying the full royalty lenged in court, they have settled lawsuits, According to the sworn testimony of a re- payments they own. agreeing to pay $5 billion. tired Atlantic Richfield executive in a Cali- The Justice Department investigated these The Interior Department wants to rectify fornia lawsuit in July, the policy of his com- practices and decided that they were so egre- the situation by making the companies pay pany and others was to pay royalties based gious that it filed suit against several major royalties based on the market price of the on a price ‘‘at least four or five dollars below companies for violating the False Claims oil, instead of on a lower price set by the oil what we accepted as the fair market value.’’ Act. As a result, one company decided to set- companies themselves. The retired executive, Harry Anderson, said tle with the government, and paid 45 million A simple issue? Not in the United States his company’s senior executives had decided dollars. Numerous other companies have set- Senate. Instead, it has become a textbook ‘‘they would take the money, accrue for the tled similar claims brought by states and example of how Washington works. The bat- day of judgment, and that’s what we did.’’ private royalty owners for millions—and in tle over royalties shows how a senator can The testimony was first reported by one case billions—of dollars. use legislation to right a wrong, in the view Platt’s Oilgram News, a trade publication. Mr. Chairman, the rule that the Interior of Senator Kay Bailey Hutchison, a Texas This practice allowed 18 oil companies, in- Department is proposing is simple. It re- Republican who is blocking the Interior reg- cluding Shell, Exxon, Chevron, Texaco and quires that oil companies pay royalties based ulations. Or it shows how Congress does fa- Mobil Oil, to avoid paying royalties of about on the fair market value of the oil they vors for special interests, in the view of Sen- $66 million a year, according to Interior De- produce. But these oil companies that have ator Hutchison’s opponents. partment figures published in the Congres- been cheating the American taxpayer for The issue could come to a vote this week, sional Record. years are now trying to block the Interior and it appears as if the Senate might side Sued by state governments, and now under Department from implementing a new rule, with the oil companies. investigation by the Justice Department, using every excuse imaginable.

VerDate 12-OCT-99 04:47 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.050 pfrm02 PsN: H21PT1 H10668 CONGRESSIONAL RECORD — HOUSE October 21, 1999 Mr. Chairman, this rider robs money from Minerals Management Service (MMS), as market value of the oil they produce, how- our schools, our environment, and our states well as the Justice Department, to expose ever, the Supplemental Appropriations Bill, and Indian tribes. It does this to benefit the the fraudulent practices of many major oil which passed the House last night, contains most-narrow special interest imaginable— companies. This report is the first com- a rider added at the request of big oil compa- big oil companies with billions of dollars in prehensive analysis of internal company doc- nies which prohibits implementation of the profits. uments that reveals exactly how major oil new rule prior to October 1, 1999. I applaud the Appropriations Committee companies engaged in suspect trading prac- Copies of the report can be obtained by for leaving this issue to the experts at the tices to reduce the amount of royalties. contacting the office of Congresswoman Interior Department, and I call on my col- The report reaches the following conclu- CAROLYN MALONEY at (202) 225–7944. leagues to reject these efforts to benefit big sions: CONGRESS OF THE UNITED STATES, oil at the expense of the American taxpayer. Companies regularly traded California Washington, DC, October 13, 1999. crude oil with each other at one price—the THE PRESIDENT, MALONEY EXPOSES OIL COMPANY FRAUD market price—and reported royalties based The White House, ALLEGATIONS TO BE DISCUSSED AT HEARING on another (called ‘‘posted prices’’) which Washington, DC. TODAY were lower than market. As a result, they DEAR MR. PRESIDENT: We are writing to Congresswoman CAROLYN B. MALONEY (NY– paid less in royalty than required under the urge you to veto any legislation passed by 14) today released a report exposing how sev- law. the Congress which prohibits the Interior eral major oil companies have defrauded the Companies were aware that market prices Department from implementing its proposed U.S. government of millions of dollars by were actually much higher than posted oil-valuation rule. If this new rule is undervaluing oil produced on federal land for prices. blocked, big oil companies will continue to royalty purposes. Companies used complex trading devices to cheat American taxpayers and school- ‘‘This report confirms what we knew all conceal the fact that posted prices were children by deliberately underpaying the along,’’ said MALONEY. ‘‘It proves that big oil often well below the true market price of the royalties they owe. companies have stolen money from our na- oil. These included: When oil companies drill on federal land, tion’s taxpayers, our schools, and our envi- Inflating transportation costs, which are they are required to pay a royalty to the fed- ronment, only to fatten their own bottom then deducted from the sale price of the eral government. A share of this royalty is line.’’ crude oil to lead to a royalty basis which is given to the state, and the remaining money These allegations, along with the Interior far below market value. is used by the federal government for the Department’s efforts to make oil companies Engaging in ‘‘overall balancing arrange- Land and Water Conservation Fund and the pay the money they owe, will be discussed at ments’’ between companies to sell each other Historic Preservation Fund. In many states, a hearing held today by the Government Re- undervalued crude. These arrangements are including California, the states’ share pro- form Committee’s Subcommittee on Govern- complex trading schemes in which compa- vides much needed funds for public edu- ment Management, Information and Tech- nies sell each other equivalent amounts of cation. nology. The hearing will be held at 2:00 p.m., oil at reduced prices in such a way that nei- For years, big oil companies have delib- in room 2247 of the Rayburn House Office ther company loses money on the trans- erately undervalued the oil produced on fed- Building. action. eral land in order to avoid royalty payments. Under federal law, all companies which Selling oil at prices above posted prices To fix this problem, the Interior Department drill oil on federal and state land are re- without making any attempt to explain the proposed a fair and workable rule that will quired to pay a royalty based on the value of discrepancy between posted prices and the simply require major oil companies to pay the oil they produce (generally from 12.5% to sale price. royalties based on the fair market value of 16%). Big oil companies under report the Companies recognized that Alaska North the oil. Slope Crude Oil (ANS) is traded at prices value of the oil they produce, thus allowing On three separate occasions, legislative much higher than California posted prices, them to pay less in royalties than they owe. riders included on appropriations bills have even when adjusted for relative quality. As a It is estimated that this scam costs tax- prevented the Interior Department from im- result, they considered California oil a bar- payers between $66 million and $100 million plementing this fair rule. If the supporters of gain. each year. big oil companies are successful again, they In 1974, the State of California and the City The ability of the major oil companies to will have managed to block implementation of Long Beach sued several major oil compa- trade at prices below actual value reveal of this rule for two and a half years, at a nies for underpayment of oil royalties. This that the California oil market in the 1980’s total cost to taxpayers of over one-hundred report is based on an exhaustive analysis of was dominated by a few major players with and fifty million dollars. material obtained by Congresswoman substantial market power. This situation We urge you to stand up to this special-in- MALONEY from the Long Beach litigation. can only get worse in the wake of the recent terest rider and veto any legislation that Representative MALONEY requested the ma- wave of oil mergers, as the recent rise in would prevent American taxpayers from get- terial in her role as Ranking Member of the California gas prices demonstrates. ting the oil royalties to which they are enti- Subcommittee on Government Management, The totality of this evidence reveals that tled. Information and Technology, a post she held major oil companies engaged in a deliberate during the 105th Congress. Most of the docu- plan to defraud the U.S. government of roy- Thank you for your prompt attention to ments date from the 1980’s and cover a wide alty money it was entitled to under the law. this important issue. variety of trading practices. None of the in- The report is particularly timely because Sincerely, formation contained in the report is propri- the Interior Department’s Minerals Manage- CAROLYN B. MALONEY, etary or could be damaging in any way to ment Service (MMS), the agency which over- Member of Congress. any individual company. sees royalty collection, is attempting to im- BARBARA BOXER, Congresswoman MALONEY has repeatedly plement a new rule which would require that United States Senator. pressured the Department of the Interior’s oil companies pay royalties based on the fair ROYALTY MANAGEMENT PROGRAM Disbursement of Federal and Indian Mineral Lease Revenues—Fiscal Years 1982–98 [Revenues in Thousands of Dollars]

Land & Water Historic Pres- Conservation Reclamation Indian Tribes State Share U.S. Treasury Total ervation Fund Fund Fund & Allottees General Fund

1982 ...... $150,000 $825,095 $435,688 $203,000 $609,660 $5,476,020 $7,700,318 1983 ...... 150,000 814,693 391,891 169,600 454,359 9,582,227 11,562,770 1984 ...... 150,000 789,421 414,868 163,932 542,646 5,848,044 7,908,911 1985 ...... 150,000 784,279 415,688 160,479 548,937 4,744,317 6,803,700 1986 ...... 150,000 755,224 339,624 122,865 1,390,632 4,983,055 7,741,400 1987 ...... 150,000 823,576 265,294 100,499 990,113 4,030,979 6,360,461 1988 ...... 150,000 859,761 317,505 125,351 767,621 2,627,721 4,847,959 1989 ...... 150,000 862,761 337,865 121,954 480,272 2,006,837 3,959,689 1990 ...... 150,000 843,765 353,708 141,086 501,207 2,102,576 4,092,342 1991 ...... 150,000 885,000 368,474 164,310 524,207 2,291,085 4,383,076 1992 ...... 150,000 887,926 328,081 170,378 500,866 1,624,864 3,662,115 1993 ...... 150,000 900,000 366,593 164,385 543,717 1,945,730 4,070,425 1994 ...... 150,000 862,208 410,751 172,132 606,510 2,141,755 4,343,356 1995 ...... 150,000 896,987 367,284 153,319 553,012 1,541,048 3,661,650 1996 ...... 150,000 896,906 350,264 145,791 547,625 2,866,509 4,957,095 1997 ...... 150,000 896,979 442,834 196,462 685,554 3,867,865 6,239,694 1998 ...... 150,000 896,978 421,149 191,484 656,225 3,663,532 5,979,368

Total ...... 2,550,000 14,482,414 6,327,561 2,667,027 10,903,163 61,344,164 98,274,329

VerDate 12-OCT-99 05:26 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.053 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10669 Mr. HASTINGS of Washington. Mr. applications grandfathered pursuant to vote yes will give the parks $77 million Speaker, how much time is remaining the current patent application morato- more than they had last year; the Bu- on both sides? rium in place since 1995, at this time reau of Land Management, $50 million The SPEAKER pro tempore (Mr. this committee, under the leadership more; an additional $55 million to the SHIMKUS). The gentleman from Wash- on our side of the aisle and support Fish and Wildlife Service. ington (Mr. HASTINGS) has 131⁄2 minutes from the minority, did put in a morato- We continue the recreational fee pro- remaining. The gentlewoman from New rium on patents. So it is substantially gram. I am advised by the Park Service York (Ms. SLAUGHTER) has 7 minutes less. Keep in mind this is a 1-year bill. that that will generate over $100 mil- remaining. Oil valuation. The gentlewoman from lion which they get to put right back Mr. HASTINGS of Washington. Mr. New York (Mrs. MALONEY) just talked in the park where the fee is generated. Speaker, I am pleased to yield 11 min- about that. The Senate included a pro- Do my colleagues know what the law utes to the distinguished gentleman vision prohibiting the Minerals Man- was before we worked on this? If the from Ohio (Mr. REGULA), chairman of agement Service from implementing a parks collected a fee, they sent it to the Subcommittee on Interior. new rule on oil valuation throughout the Treasury. Not much incentive to be (Mr. REGULA asked and was given the year 2000. We said that is too long. out there collecting fees; paying one’s permission to revise and extend his re- There is a problem here that needs to team to collect a fee so one can send it marks.) be addressed. to Washington. Now they get to keep Mr. REGULA. Mr. Speaker, it has So the conference agreement pro- it. They have done many improvements been interesting to listen to this de- hibits the rule from being implemented with the fee money. bate, because this bill passed the House for a period not to exceed 6 months or I have been visiting the parks. With- by about 380 votes, and a majority of until the comptroller general, that is out exception, and I think the gen- the Members from the other side of the GAO, reviews the proposed regulation tleman from Washington (Mr. DICKS) aisle voted for the bill. Essentially, it and issues a report. Let us get the ex- was with us when we visited the parks, is the same bill, only with some extra pert opinion from the GAO. This is a we heard this from the team at Olym- funding in. I will address the issue of nonpartisan group. They can give us an pic how much that meant to them to the riders. Perhaps we should do that unbiased opinion. We say it can only be have the fees to fix up different things right up front. in place 6 months or until we get the that have been neglected. Now, we have good riders and bad rid- GAO report, and then we need to ad- Speaking of that, we address backlog ers. The good riders are, one cannot dress it legislatively. That is our re- maintenance. When we started here, we drill offshore. Everybody likes that sponsibility. were told it was up to anywhere from one. The good rider is that patents giv- The grazing issue. The Senate in- $12 billion to $14 billion of backlog ing away mining lands are on a mora- cluded a provision which would have maintenance. Most of us have homes. torium. That is a good rider. extended all expired Bureau of Land We fix the roof. We fix the driveway. But the riders that were in the Sen- Management grazing permits based on We fix it if there is a problem with the ate, we found objectionable. But in the existing terms and conditions. These plumbing. conference, with the support of the permits are currently for 10-year peri- Yet, we were allowing our parks, our gentleman from Washington (Mr. ods. What did the conference agree- forests facilities, the Smithsonian, DICKS) and the gentleman from Wis- ment do? It continues a 1-year provi- many others to be neglected. On their consin (Mr. OBEY) and other Members sion similar to the last year’s law, own testimony, backlog maintenance on both sides of the House team, we got similar to what we had last year. This was up to almost $14 billion. We de- those riders modified. Let me take provision clearly states that the au- cided, as a policy, that we need to ad- each one in order. thority of the Secretary of Interior to dress the backlog problem. We need to The mill sites question. Basically the alter, modify, or reject permit renew- take care of maintenance. We have responsibility for mine reform rests als following completion of all required been putting in probably twice as much with this body and not the Solicitor environmental analyses is not altered. money as was going into maintenance General. I think that the issue of how We have also included additional simply to ensure that we are taking we deal with mill sites should be re- funding for the BLM to accelerate the care of what we have. We all under- solved by our authorizing committees processing of these permits. We said, stand how important that can be. and by this legislative body. It is a leg- let us get on with the job. We know The conference report ensures envi- islative issue. We cannot very well that there has to be an EIS on every ronmental protection for the Ever- have attorneys, such as the Solicitor, permit. Under the conference com- glades, including a national park in making law; otherwise, we might as promise worked out by both parties, Biscayne Bay. There is a lot of money well close up shop. the agreement is that they can renew in this report to restore the ecosystem Now, of course I think the Senate the permits for 10 years; but if the EIS and the water flow in the Everglades. provision overturned the Solicitor’s shows that there is any violation of the How important that is in preserving opinion indefinitely. That is too long. standards established in the law and by this great system for the future gen- So we modified it with give and take in the regulations, immediately, the Sec- erations. the conference. My colleagues have to retary can terminate those permits. Funding for the Forest Service is $10 remember that we have a two-house This is a question of fairness. We million over the administration’s re- system here. When we go to conference, have got to treat people fairly whether quest and $16 million over the adminis- and this is a conference report, it has they live in the West or whether they tration’s request in trail maintenance. to be worked out. There has to be some live in the East. What we have done in Trails, people love trails. If one has a degree of compromise and negotiation. modifying what I thought were too trail in one’s area one knows how much What the conference agreement does strenuous conditions imposed by the it is used. We recognize that even to a is water down the Senate provision. We Senate language, we have modified to greater extent than the administration say that the Solicitor’s opinion which, make the conditions fair. But I think did. in effect, he is in the mode of writing they are reasonable, and I think they This bill is designed for people. It is legislation, cannot impact on existing protect the interest of the American designed to allow them to use the for- mining plans. One cannot very well people. est for recreation, to make the parks look back. One cannot even legislate On the hard rock mining, we have safe, to make sure they have nice con- ex-post facto, after the fact. So we said said, as soon as the National Academy ditions when they go there to visit. So one cannot possibly change the rules. A of Science, again, a nonpartisan, inde- we maintain the sewage systems. We lot of people have made a lot of invest- pendent group, as soon as they give us maintain the camp sites. We maintain ments. the report, we can take action. In the the things that are important to peo- We also provide that plans in oper- meantime, we have a moratorium. All ple. ation submitted prior to May 21, 1999, these things are a matter of fairness. Funding for the North American are exempt. We went back as far as we Now, let me just tell my colleagues Wetlands Conservation Fund continues thought was appropriate, and patent what a vote yes for this bill will do. A at $15 million. We increased Indian

VerDate 12-OCT-99 04:47 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.121 pfrm02 PsN: H21PT1 H10670 CONGRESSIONAL RECORD — HOUSE October 21, 1999 Health Services by $130 million, very with some of the most precious lands the forests, and we should send it back important in the Indian community. and forests in the world. Sometimes we to the dark ages, especially with re- Again, a concern for people. We have take for granted Glacier and the Shen- spect to the riders. That is where this tried to address that throughout the andoah and the Grand Canyon and Yel- bill belongs. bill. lowstone and all these marvelous jew- This bill is opposed by every major We have the money to buy the Baca els that we have. We do not understand environmental organization in the Ranch in New Mexico which will add a that somebody had the foresight years country for the reasons we have enun- great piece of land to the base of this ago to make them a special place. It ciated on the floor today. I urge my Nation, some 95,000 acres with an elk did not happen by accident. Legislators colleagues to vote ‘‘no’’ on this con- herd of 6,000 that just roam. Think of protected them from exploitation. ference report. what that will mean for people to have I am sensitive to this exploitation Mr. HASTINGS of Washington. Mr. an opportunity to visit. That is what issue because, in my home State of Speaker, how much time remains on my colleagues are going to vote yes for Michigan, we have had a history of ex- both sides? if they vote for this bill. ploiting what I think is the most beau- The SPEAKER pro tempore (Mr. We, earlier today, had an amendment tiful State in the Union. It occurred in SHIMKUS). The gentleman from Wash- on science. I have seen op ed pieces on the 18th Century when the folks who ington (Mr. HASTINGS) has 21⁄2 minutes how important science is in our wanted to trap came into Michigan, remaining, and the gentlewoman from schools. We provide in this bill for and they took everything that ran on New York (Ms. SLAUGHTER) has 31⁄2 science and research at the USGS, one four legs with fur on it, and almost minutes remaining. of the premier science agencies of this made, in fact, did make extinct the Ms. SLAUGHTER. Mr. Speaker, I Nation. It gets a total $824 million. wolverine and the martin, and took yield 3 minutes to the gentleman from How about this one, a vote yes on pelts in prodigious numbers, beaver. South Carolina (Mr. SPRATT). this bill is a vote to clean up aban- You name it, they went after it and ba- (Mr. SPRATT asked and was given doned mine sites. We really neglected sically took the fur in the State in a permission to revise and extend his re- this country and our land when we al- very short time and exploited it. marks.) lowed the rape of lands with mining, Mr. SPRATT. Mr. Speaker, we are b open pit mining. We have $191 million, 1645 playing catchup ball. We are rushing to a $6 million increase, to address the And then in the 19th century, when conclusion trying to finish the budget problems of open-pit mines, to stop the the Erie Canal opened up and my col- because we are 20 days into a new year acid rain runoff that goes downstream leagues’ ancestors from New York without a budget. And as these bills and goes far beyond the mine site. came over to Michigan, they went after whirl past us, I think it is fair to stop Well, there are a lot more things in the trees, in the biggest rush of natural and ask what is the score right now. here that I can talk about. I only can resources this country has ever seen. Just where are we? How much have we say this, that a vote yes for this bill is Michigan had unbelievable growth of spent against what we have got? a vote for the people of this Nation. pine forests and other virgin old To get an answer to that question we We have done the best we could with growth forests. Seven-tenths, eight- have only to look on page H10596 of the the money we have had. We tried to be tenths of our State was forest, and by CONGRESSIONAL RECORD. We can see fair. I think our friends on the other the end of that century it was virtually that we are $599 million in this bill side of the aisle will recognize that, in all gone. alone above where the House was, and terms of projects, programs, that each And they took with them the wood- that is why this rule is required, be- side was treated equally, and that we land caribou, they took with them the cause we are above the 302(b) alloca- made our judgments on the merits of grayling fish, and they took with them tion. We split the available resources the programs and the projects rather the grey fox. The State was devastated. into 13 different bills early in the year, than any political decisions. In view of that, I think we should get And it has taken us 100 years to re- and now this bill comes to us $600 mil- support from all the Members, as we cover as a result of that exploitation. lion more than the allocated share it is did on the original bill. This bill is not We lost some of our special places due entitled to. that much different. It is, maybe, bet- to lack of foresight. This continues a trend that has gone ter in some respects, more funding be- In the year 2000, as we do this appro- on here repeatedly with the bills that cause of what the Senate did. I cer- priations bill for the Interior, we are coming to the floor. The three larg- tainly urge the Members here to re- should reflect on some of these mis- est bills in the 13 appropriation bills spect the people of this Nation and sup- guided policies of the past, and we are Defense, which is $8 billion more port this legislation. should offer a vision for a better fu- than the President requested; HUD–VA Ms. SLAUGHTER. Mr. Speaker, I ture. Unfortunately, the bill we have is $2 billion more than the President yield 41⁄2 minutes to the gentleman before us today lacks in very impor- requested; and I am told Labor–HHS, from Michigan (Mr. BONIOR). tant areas. It provides less than half of which comes here tomorrow, is $2.2 bil- Mr. BONIOR. Mr. Speaker, I thank the funding requested by the Presi- lion more than the President re- the gentlewoman from New York for dent’s Land Legacy initiative, and it quested. And, of course, we have passed yielding me the time. has the riders that we have been debat- an Ag emergency bill that was not in Mr. Speaker, let me just say at the ing here allowing for the unrestricted the original calculus at $8.7 billion outset how much I respect the gen- dumping of toxic mineral waste and in more than we originally contemplated. tleman from Ohio (Mr. REGULA) for his placing a 1-year freeze on the hard rock Those alone, back of the envelope, work in this Congress and for his con- mining regulation. come to 20.7, and the surplus for next cerns about the environment. But let The worst riders would grant grazing year is 14.4. me also say to him, as much as I hold permit renewals without concern for That means, just on the back of the him in high esteem for his abilities and the environmental impact, and it envelope analysis, that we are $6 bil- for his care, he talked about this bill would also subsidize the oil industry by lion into the Social Security surplus. having some equity in it, and the only allowing them to pay, as the gentle- We have spent the on-budget surplus, equity that I see in it is that the gen- woman from New York (Mrs. MALONEY) and we are $6 billion into Social Secu- tleman from Florida (Mr. YOUNG), the mentioned, below-market prices for rity. But it is worse than that. If we chairman of the Committee on Appro- royalties extracted from Federal lands take all the bills, according to the priations, was able to get about $87 and waters. Committee on the Budget’s analysis, million worth of projects for his State And like much of 19th century Michi- we are $36 billion right now above what in this bill, a lopsided number to say gan, it even allows the trees in our na- was allocated for discretionary spend- the least, at the expense of, of course, tional forests to be raided without any ing. Thirty-six billion. many other Members. So there is no consideration given to the wildlife and Now if my colleagues are asking equity in that formula. the soil erosion and the human health themselves, how did we do this, two I also want to say, Mr. Speaker, that concerns. So this bill lacks vision. It gimmicks, basically. Number one, the interior of our country is blessed lacks vision. It cannot see the trees or emergency spending. We have taken it

VerDate 12-OCT-99 04:47 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.138 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10671 to new heights. We have expanded the States. The FSM and RMI began their respec- REGULA), because I think he did one definition of an emergency to unprece- tive Compact agreements with the U.S. in real fine job. He stood tough and dented extremes this year; $18.8 billion 1986 while the Compact relationship with the fought for the House position again and by our calculation, $24.9 according to RP began later in 1994. A provision of the again and again, and won. the ranking member of the Committee Compact agreements allows Freely Associ- Now, sure, there is compromise. The on Appropriations. And then we have ated State citizens unfettered travel within the President has some things that were used creative scorekeeping. We have U.S. to seek employment or education. As the added that he wanted changed so he discarded, dispensed with, the closest American territory to these inde- might sign the bill. And the Senate had scorekeeping that our own budget pendent nations, Guam is their primary des- to have some victories. That is the shop, a neutral nonpartisan CBO, con- tination. The resulting immigration has placed process. Is it perfect? No. Do we ever gressional budget shop, would render of greater demands to provide social, health pass a perfect bill? No. But this is a the budget authority we have provided, care, public housing, educational, and public good bill, very, very similar to the bill and said, no, it is at least $18 billion, safety services to FAS citizens residing on that drew 377 votes. I think there is $17.1 billion less than what you say. Guam. Without the proper attention and as- something good here. That is how we got $36 billion over the sistance from Congress, this unfair situation I have heard five different reasons, caps and into Social Security. placed on a territory with a limited economy none related, as to why this bill is bad So where are we, if we adopt this will only contribute to the continuing depletion all of a sudden, but no evidence. This bill? If we back out the gimmicks, we of Guam's financial resources. This is not only bill has $1.4 billion for national park are over, way over, the discretionary an unfunded federal mandateÐit is worseÐit operations, a $77 million increase; $1.2 spending caps we set; and we are well is an unfunded federal mandate upon U.S. citi- billion for Bureau of Land Manage- into the Social Security surplus. If we zens who are not fully represented here in ment, a $50 million increase; national pass this bill, we will be $600 million Washington. wildlife refuge, a $30 million increase. over the caps and in BA, $200 million Compact-impact aid assistance for Guam The issues that are important to our more in outlays into Social Security. has been recognized by both the Congress environment, the agencies that are im- That is why this bill is not a good idea. and the Administration, but has not been fully portant to our environment have been Ms. SLAUGHTER. Mr. Speaker, I addressed. In 1996, Congress authorized an- thoughtfully funded. yield the balance of my time to the nual payment of $4.58 million to Guam until Some new initiatives: the Rec- gentleman from Guam (Mr. UNDER- 2001 to offset costs associated with compact reational Fee Demonstration program WOOD). migration. A year later, a study paid for by the that allows our public lands to keep (Mr. UNDERWOOD asked and was Department of the Interior calculated the an- the fees and help with the backlog of given permission to revise and extend nual cost to Guam for providing social and maintenance. Everglades restoration, a his remarks.) educational services to Compact migrants was new initiative. This bill, in my view, Mr. UNDERWOOD. Mr. Speaker, I approximately $17 million. As you can see, has been a very thoughtful, tough bill have 30 seconds to just raise one issue, Guam shoulders more than two-thirds of the because we had constraints. and that is compact-impact aid for cost of providing public services to FAS immi- I personally think there is a move Guam. grants. here to just stop the process. Because This is an unfunded mandate which, The budget requests from Delegates of the when we listen to the evidence that we according to a Department of Interior U.S. Territories in Congress are perhaps the have heard today, it does not make report, costs the people of Guam $17 greatest challenges we face during our terms much sense. It is not very clear and million a year. We were asking for only in office. Without doubt, we have less influ- convincing. Because this is basically about 50 percent of that in this Interior ence in the appropriations process due in the same bill we passed, and 377 House appropriations measure. We were not large part to our non-voting status in the Con- Members supported it, rightfully so, able to get it. gress. Our needs are often misunderstood be- and only 47 voted against. This is an unfunded mandate on citi- cause our distances from the mainland U.S. I urge my colleagues to support this zens that are not fully represented here are great. Apart from federal programs that bill. It is one that our committee and stems from a series of treaties both states and territories can participate in, fought hard for, our chairman worked signed by the United States in the 1980s any other requests outside of the norm can be hard for in the conference committee, with three independent nations which a frustrating ordeal. We are vulnerable to fed- and it is one that deserves our support are allowed free migration into the eral interagency differences about how to treat so we can send it to the President. United States and they end up in the territories as well as having no leverage The SPEAKER pro tempore. Without Guam. during the appropriations process. objection, the previous question is or- So I rise in opposition to the con- I am appreciative for the collaboration and dered on the resolution. ference report. support of the President for including Com- There was no objection. I rise in opposition to the Conference Report pact-impact aid increase for Guam as part of The SPEAKER pro tempore. The on H.R. 2466, the Interior Appropriations bill. his Administration's priorities during the appro- question is on the resolution. It is apparent from our on-going debate that priations process. I remain confident that the The question was taken; and the this report does not meet the concerns impor- President is committed to increasing Compact- Speaker pro tempore announced that tant to our nation. The inadequate funding of impact aid for Guam and I remain committed the ayes appeared to have it. both the Land's Legacy Initiative and the Na- to working with my colleagues to ensure that Ms. SLAUGHTER. Mr. Speaker, I ob- tional Endowment for the Arts will weaken our this issue is addressed this year. ject to the vote on the ground that a efforts to protect our national parks and for- Mr. HASTINGS of Washington. Mr. quorum is not present and make the ests and jeopardize our nation's appreciation Speaker, I yield the balance of our point of order that a quorum is not for the diversity of arts and cultures. I also op- time to the gentleman from Pennsyl- present. pose this bill because it does not ensure that vania (Mr. PETERSON). The SPEAKER pro tempore. Evi- the smallest of concerns from our furthest Mr. PETERSON of Pennsylvania. Mr. dently a quorum is not present. American citizens in the Pacific are ad- Speaker, I have found this discussion The Sergeant at Arms will notify ab- dressed. This causes me great concern be- interesting. When we look back at the sent Members. cause for my district, the Territory of Guam, House vote of 377 to 47, and then hear The vote was taken by electronic de- an agreement made in 1986 between the U.S. the debate that we have heard in the vice, and there were—yeas 228, nays and the Freely Associated States of Micro- last few minutes here on the rule, we 196, not voting 9, as follows: nesia placed a federal mandate on our terri- would think this was a totally different [Roll No. 527] tory which costs the island nearly $17 million bill. annually in public services for immigrants from I sat on the conference committee, YEAS—228 the Freely Associated States of Micronesia. and I can tell my colleagues that I Aderholt Barr Bereuter Archer Barrett (NE) Berkley As background, the Federated States of Mi- want to give it high marks. When I Armey Bartlett Biggert cronesia (FSM), the Republic of the Marshall want somebody to negotiate for me Bachus Barton Bilbray Islands (RMI) and the Republic of Palau (RP) with the Senate or anybody, I am going Baker Bass Bilirakis are Freely Associated States with the United to send the gentleman from Ohio (Mr. Ballenger Bateman Bliley

VerDate 12-OCT-99 05:26 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.123 pfrm02 PsN: H21PT1 H10672 CONGRESSIONAL RECORD — HOUSE October 21, 1999 Blunt Hayes Portman Jackson (IL) Menendez Sanders Houses thereon, and appoints Mr. Boehlert Hayworth Pryce (OH) John Millender- Sandlin OTH OTT OYNIHAN Boehner Hefley Quinn Johnson, E. B. McDonald Sawyer R , Mr. L , and Mr. M , to Bonilla Herger Radanovich Jones (OH) Miller, George Schakowsky be the conferees on the part of the Sen- Bono Hill (IN) Ramstad Kanjorski Minge Scott ate. Boucher Hill (MT) Regula Kaptur Mink Serrano f Brady (TX) Hilleary Reynolds Kennedy Moakley Sherman Bryant Hobson Riley Kildee Mollohan Sisisky CONFERENCE REPORT ON H.R. 2466, Burr Hoekstra Rogan Kilpatrick Moore Skelton Burton Horn Rogers Kind (WI) Moran (VA) Slaughter DEPARTMENT OF THE INTERIOR Buyer Hostettler Rohrabacher Kleczka Murtha Smith (WA) AND RELATED AGENCIES APPRO- Callahan Houghton Ros-Lehtinen Klink Nadler Snyder PRIATIONS ACT, 2000 Calvert Hulshof Roukema Kucinich Napolitano Spratt Campbell Hunter Royce LaFalce Neal Stabenow Mr. REGULA. Mr. Speaker, pursuant Canady Hutchinson Ryan (WI) Lampson Oberstar Stark to House Resolution 337, I call up the Cannon Hyde Ryun (KS) Lantos Obey Stearns conference report on the bill (H.R. 2466) Castle Isakson Salmon Larson Olver Strickland Chabot Istook Sanford Lee Owens Stupak making appropriations for the Depart- Chambliss Jenkins Saxton Levin Pallone Tanner ment of the Interior and related agen- Chenoweth-Hage Johnson (CT) Schaffer Lewis (GA) Pascrell Tauscher cies for the fiscal year ending Sep- Coble Johnson, Sam Sensenbrenner Lipinski Pastor Thompson (CA) Collins Jones (NC) Sessions Lofgren Payne Thompson (MS) tember 30, 2000, and for other purposes. Combest Kasich Shadegg Lowey Pelosi Thurman The Clerk read the title of the bill. Cook Kelly Shaw Lucas (KY) Peterson (MN) Tierney The SPEAKER pro tempore (Mr. Cooksey King (NY) Shays Luther Phelps Udall (CO) SHIMKUS). Pursuant to the rule, the Cox Kingston Sherwood Maloney (CT) Pickett Udall (NM) Crane Knollenberg Shimkus Maloney (NY) Pomeroy Velazquez conference report is considered as hav- Cubin Kolbe Shows Markey Price (NC) Vento ing been read. Cunningham Kuykendall Shuster Martinez Rahall Visclosky (For conference report and state- Davis (VA) LaHood Simpson Mascara Rangel Waters ment, see proceedings of the House of Deal Largent Skeen Matsui Reyes Watt (NC) DeLay Latham Smith (MI) McDermott Rivers Waxman October 20, 1999, at page H10517.) DeMint LaTourette Smith (NJ) McGovern Rodriguez Weiner The SPEAKER pro tempore. The gen- Diaz-Balart Lazio Smith (TX) McIntyre Roemer Wexler tleman from Ohio (Mr. REGULA) and Dickey Leach Souder McKinney Rothman Weygand the gentleman from Washington (Mr. Doolittle Lewis (CA) Spence McNulty Roybal-Allard Woolsey Dreier Lewis (KY) Stenholm Meehan Rush Wu DICKS) each will control 30 minutes. Duncan LoBiondo Stump Meek (FL) Sabo Wynn The Chair recognizes the gentleman Dunn Lucas (OK) Sununu Meeks (NY) Sanchez from Ohio (Mr. REGULA). Ehlers Manzullo Sweeney Ehrlich McCollum Talent NOT VOTING—9 GENERAL LEAVE Emerson McCrery Tancredo Camp Jefferson Scarborough Mr. REGULA. Mr. Speaker, I ask English McHugh Tauzin Coburn Linder Towns unanimous consent that all Members Everett McInnis Taylor (MS) Jackson-Lee McCarthy (MO) Ewing McIntosh Taylor (NC) (TX) McCarthy (NY) may have 5 legislative days in which to Fletcher McKeon Terry revise and extend their remarks on the Foley Metcalf Thomas b 1718 conference report to accompany H.R. Fossella Mica Thornberry 2466, and that I may include tabular Fowler Miller (FL) Thune Ms. BROWN of Florida, Mr. UDALL Franks (NJ) Miller, Gary Tiahrt of New Mexico, Mr. RAHALL, and Ms. and extraneous material. Frelinghuysen Moran (KS) Toomey EDDIE BERNICE JOHNSON of Texas The SPEAKER pro tempore. Is there Gallegly Morella Traficant objection to the request of the gen- Ganske Myrick Turner changed their vote from ‘‘yea’’ to Gekas Nethercutt Upton ‘‘nay.’’ tleman from Ohio? Gibbons Ney Vitter So the resolution was agreed to. There was no objection. Gilchrest Northup Walden The result of the vote was announced Mr. REGULA. Mr. Speaker, I yield Gillmor Norwood Walsh myself such time as I may consume. Gilman Nussle Wamp as above recorded. Goode Ortiz Watkins A motion to reconsider was laid on (Mr. REGULA asked and was given Goodlatte Ose Watts (OK) the table. permission to revise and extend his re- Goodling Oxley Weldon (FL) marks.) f Goss Packard Weldon (PA) Mr. REGULA. Mr. Speaker, for the Graham Paul Weller Granger Pease Whitfield FURTHER MESSAGE FROM THE next several minutes, I wish all the Green (WI) Peterson (PA) Wicker SENATE Members would forget about partisan Greenwood Petri Wilson A further message from the Senate politics, forget about some of the per- Gutknecht Pickering Wise sonal things that they might not to- Hall (TX) Pitts Wolf by Mr. Lundregan, one of its clerks, an- Hansen Pombo Young (AK) nounced that the Senate had passed tally agree with and think what is good Young (FL) Hastings (WA) Porter with an amendment in which the con- for the people of the United States of America. Two hundred seventy million NAYS—196 currence of the House is requested, a bill of the House of the following title: people are depending on us to ensure Abercrombie Clay Eshoo that they have a park to visit, to en- Ackerman Clayton Etheridge H.R. 1180. An act to amend the Social Se- sure that when they go to a national Allen Clement Evans curity Act to expand the availability of Andrews Clyburn Farr health care coverage for working individuals forest they will be safe, that the facili- Baird Condit Fattah with disabilities, to establish a Ticket to ties will be good, to ensure when a Baldacci Conyers Filner group of children go out in a bus to a Baldwin Costello Forbes Work and Self-Sufficiency Program in the Barcia Coyne Ford Social Security Administration to provide fish and wildlife refuge to learn about Barrett (WI) Cramer Frank (MA) such individuals with meaningful opportuni- the ecology of this Nation that there Becerra Crowley Frost ties to work, and for other purposes. will be somebody there to tell about it, Bentsen Cummings Gejdenson Berman Danner Gephardt The message also announced that the to ensure when they visit the Berry Davis (FL) Gonzalez Senate insists upon its amendment to Smithsonian, it will be open, that it Bishop Davis (IL) Gordon the bill (H.R. 1180) ‘‘An Act to amend will be well cared for, that the people Blagojevich DeFazio Green (TX) the Social Security Act to expand the will be there to serve them. Blumenauer DeGette Gutierrez Bonior Delahunt Hall (OH) availability of health care coverage for I could go through a whole list of Borski DeLauro Hastings (FL) working individuals with disabilities, things. Millions of Americans will go Boswell Deutsch Hilliard to establish a Ticket to Work and Self- to our facilities over the next 12 Boyd Dicks Hinchey Brady (PA) Dingell Hinojosa Sufficiency Program in the Social Se- months, and the quality of their expe- Brown (FL) Dixon Hoeffel curity Administration to provide such rience is being decided here. Likewise, Brown (OH) Doggett Holden individuals with meaningful opportuni- think about the generations that are Capps Dooley Holt ties to work, and for other purposes’’ here and yet to come, because the leg- Capuano Doyle Hooley Cardin Edwards Hoyer requests a conference with the House acy we leave them in terms of our na- Carson Engel Inslee on the disagreeing votes of the two tional lands is being decided not by

VerDate 12-OCT-99 05:26 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.045 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10673 them but by us. Let us forget partisan- this is a compassionate Nation, we care cal austerity cause you to overlook all the ship for a minute and let us say, what about people. So we passed a law to many very positive things that can be kind of a legacy do we want to leave give these people some help. Today, we achieved through this bill. The American peo- for future generations as well as for are providing some additional funds. ple expect you to be the guardians of their those of today’s world. What kind of The fund is depleted. Are we going to most highly prized natural and cultural re- opportunities do we want them to say to these people, ‘‘Sorry, we made a sources. Don't let them down. have. promise but we’re not going to keep Getting to this point has been challenging, For example, in this bill will be funds it’’? with many hurdles to overcome. The President to do long distance learning through Those are just a few items that are sent the Congress a budget request for fiscal the Smithsonian, the National Gallery embodied in this bill. Sure, I know we year 2000 that was balanced, only because it of Art, the Kennedy Center, an oppor- can talk about the riders. But these are relied on budget gimmicks, increased taxes tunity to tell the story of these mar- important. It is important to the peo- and new user fees. In contrast, this con- velous institutions to all the young ple that live along the shorelines of ference agreement sought to deal with real people of America, many of whom can- this Nation, be it California or Florida needs and important issues directly, fairly and not travel to Washington. We have a or North Carolina, that their offshore in a way that best serves the public. This responsibility to them that should be preserved. That is a rider. It says year's appropriation amount is $14.5 billion, a 1 transcend our own personal prejudices there shall be no drilling offshore. It is very modest increase of 1 ¤2 percent over last on this day. We did that on this bill important that there not be more pat- year's $14.3 billion. This is a very small price earlier this year, by overwhelming ma- ents issued to give away our public to pay to protect and preserve the nation's jorities on both sides. We supported lands. That is in this bill. It is called a natural and cultural resources. The House and Senate bills contained nu- this bill. Sure there have been a few rider. merous differences, large and small, reflecting changes, some probably better, a little We have a couple of others in here. the concerns and priorities of the members of more money being spent, but the basic They are much less severe than was the the two chambers. Reconciling these dif- bill is the same. The basic bill provides case in the language that was in the ferences provoked spirited debate on all sides the kind of services that the American Senate, but in the process of a com- of the issues. Conferees argued their positions people expect us to deliver. That is why promise that represents this report with reason and passion. But in the end, ev- we are sent here. And we have an op- today, the gentleman from Washington eryone's willingness to listen and seek com- portunity today to reaffirm that judg- (Mr. DICKS) and myself, members from mon ground prevailed over our differences. ment that we made several months both sides of the aisle, fought to miti- As a result, I am pleased to report that the ago. gate those riders, to soften them but be conference report you have before you effec- To vote yes, we are voting for a lot of fair to the people. We cannot say to a tively addresses the priorities Americans care positive environmental things. We are rancher that for 50 years he and his most about. These include $1.4 billion for Na- voting to clean up the streams of family have been running cattle that tional Park Service operations to enhance visi- America through the abandoned mine just suddenly we are going to cut you tors' safety and their enjoyment of America's law. We have increased it. We are vot- off tomorrow. That is not fair. But we great natural wonders; $40 million to purchase ing to spend $77 million more dollars do say, once we have done an EIS, if the Baca Ranch in New Mexico, preserving a on the parks as well as allow them to you do not meet the standards, you are unique expanse of the Old West; over $500 keep the $100 plus million that they going to lose your permit. And we give million for the Smithsonian Institution and the earn with the fee program. We are vot- the Secretary of Interior the right to National Gallery of Art so that visitors from ing to diminish vandalism because make that decision. across America and the world can enjoy the through the fee program we have dis- We do not have a lot of time. I am thousands of marvels of science, history, tech- covered that vandalism in the public going to stop here. We have others that nology and the animal kingdom and the glo- facilities, the public lands, is reduced. want to speak. Just examine your con- rious works of art on display here; $68 million We have in our hands today 30 percent science and say, What do I want my for the United Mine Workers of America Com- of the land in this Nation, and we are legacy to be? What do I want my vote bined Benefit Fund, which is nearly depleted responsible, each of us are responsible to represent? Do I want it to represent because of several recent court decisions, to with our vote as to how we treat this enhancing, preserving, taking care of ensure that elderly mine workers and their de- wonderful, wonderful asset. It is a leg- these great assets that are our legacies pendents continue to receive health care. I acy that has been provided for us. from other generations that served in urge the authorizing committees to take up Just think about New York City. If this body. These 378 national parks just this issue and develop a long-term solution to Frederick Olmstead had not had the vi- did not happen. They happened because this problem. sion to save 800 acres called Central people had vision, such as Teddy Roo- We have continued an important commit- Park, there would not be this oasis of sevelt and many others. ment I have made to improve management of beauty in that city. Think what that b 1730 the agencies funded by this bill. This year we means to the 10 or 11 million people. have worked with the National Academy of Each of us today are going to vote, Today, we are shaping the vision that Public Administration (NAPA) in examining the have an opportunity to do the same, to others who serve here in years that fol- management of both the Forest Service and preserve these facilities. As we become low us will say, gee, they really cared the Bureau of Indian Affairs. We are instruct- more urbanized, as our cities become about the people of this Nation, they ing these agencies to take steps to implement more heavily populated, it becomes cared about preserving their crown NAPA's recommendations for more effective even more important that we preserve jewels, the parks, they cared about pre- and efficient management. these open spaces. serving their forests for recreation. I wish to express my appreciation to Sen- This bill provides funds to purchase That is the challenge that we have to ator GORTON and his subcommittee members 95,000 acres called the Baca Ranch. I meet when we put the card in the slot for their willingness to seek common ground to have been there. You walk out in the this afternoon. allow us to bridge significant differences in our meadows and there are 6,000 elk graz- Today, as we take up the conference report respective bills. They worked diligently with us ing. They are not there with a halter making appropriations for Interior and Related to achieve compromises on three key legisla- around them tied to the ground. They Agencies for fiscal year 2000, you have the tive provisions. are there as free spirits, free standing, opportunity to voice your commitment to First, regarding mill sites, the conference re- because that is the great natural leg- America's priceless natural and cultural re- port does not prohibit the Department of the acy of their existence. We have a sources. We can leave our children and future Interior from enforcing the Solicitor's decision chance to preserve that opportunity. generations no more valuable legacy than our that establishes a limit of one mill site per min- We have an opportunity here to make national parks, wildlife refuges, forests and wil- ing claim, as the Senate had proposed. Inte- good on a promise this body made sev- derness areas, and our rich cultural heritage rior may enforce the limitation on new claims, eral years ago. We said to coal miners which defines who we are as a people and but exceptions are made for existing mining who suffered with black lung, who suf- nation. plans of operation (already agreed to by Sec- fered with all kinds of physical prob- I urge you to vote in favor of this conference retary Babbitt), plans of operation submitted lems, we are going to help you, because report. Don't let politics or a dedication to fis- prior to May 21, 1999, and patent applications

VerDate 12-OCT-99 05:26 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 9920 E:\CR\FM\K21OC7.135 pfrm02 PsN: H21PT1 H10674 CONGRESSIONAL RECORD — HOUSE October 21, 1999 grandfathered pursuant to the current patent or until the Comptroller General reviews the for the Historic Preservation Fund in the Na- application moratorium in place since fiscal proposed regulation and issues a report. tional Park Service should be $75,212,000, year 1995. There is no prohibition on implementation fol- the number of Forest Service land acquisition Second, the Senate included a provision lowing the release of the report. should be $79,575,000 and in section 310, which would have extended all expiring Bu- In summary, this conference report is not ``1999'' should read ``2000.'' reau of Land Management grazing permits about politics and partisanship. This report re- based on existing terms and conditions. The flects our commitments to protecting America's We will take the necessary steps to ensure conference agreement clearly states that the most valuable natural resources for future these corrections are made. authority of the Secretary of the Interior to generations and promoting culture, science Also, in the statement of the managers, the alter, modify or reject permit renewals fol- and history for the benefit of communities, first sentence under the Historic Preservation lowing completion of all required environ- large and small, throughout this country. Pas- Fund in the National Park Service should mental analyses is not altered. The agreement sage of this report means meeting our respon- read, ``The conference agreement provides also includes additional funding to accelerate sibilities to American Indians and Alaska Na- $75,212,000 for the Historic preservation fund the processing of these permits. tives and continuing essential research to in- instead of $46,712,000 as proposed by the Third, the Senate had included a provision crease energy efficiency and maintain a clean, House and $42,412,000 as proposed by the prohibiting the Minerals Management Service healthy environment. Again, as strongly as I Senate.'' from implementing a new rule on oil valuation possibly can, I urge you to vote for its pas- through fiscal year 2000. The conference sage. At this point Mr. Speaker, I insert into the agreement prohibit the rule from being imple- There are three corrections that need to be RECORD a table detailing the various accounts mented for a period not to exceed 6 months, made to the conference report. The number in the bill.

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VerDate 12-OCT-99 04:57 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 9920 E:\CR\FM\A21OC7.048 pfrm02 PsN: H21PT1 H10678 CONGRESSIONAL RECORD — HOUSE October 21, 1999

VerDate 12-OCT-99 04:57 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00064 Fmt 7634 Sfmt 9920 E:\CR\FM\A21OC7.048 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10679

VerDate 12-OCT-99 04:57 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00065 Fmt 7634 Sfmt 9920 E:\CR\FM\A21OC7.048 pfrm02 PsN: H21PT1 H10680 CONGRESSIONAL RECORD — HOUSE October 21, 1999 Mr. DICKS. Mr. Speaker, I yield my- lion more for agencies and programs ers; and some of these riders are things self such time as I may consume. funded in the bill than the amount in that I understand, being from the West. (Mr. DICKS asked and was given per- the House-passed bill and despite the But unfortunately, they get our bill in mission to revise and extend his re- fact that the House had instructed its trouble; and I wish we could convince, marks.) conferees to agree with the slightly and I want to commend the gentleman Mr. DICKS. Mr. Speaker, I rise in re- higher funding levels for the NEH, the on this, that the bill when it left the luctant opposition to the conference conference ended with no increase for House did not have these riders. They report on the Fiscal Year 2000 Interior the arts. Once again opponents of the almost, every single one of these riders and related agencies appropriations NEA dredged up outdated information was added in the other body, and so bill. I will explain my reasons for this and outright misinformation. Once somehow I hope that we can do better position in a moment, but first I want again the views of the ultra-conserv- in the next go round because there will to state categorically that my opposi- ative caucus representing a minority of be a next go round in my judgment, tion to this measure does not in any one body have been allowed to override and we can come up with a bill that way impugn the job done by the chair- the wishes of a majority in both can be signed into law. man of the subcommittee, my good Houses. I went back and looked at my own friend the gentleman from Ohio (Mr. Another feature of the bill that record. I have been on this committee, REGULA). As chairman of the con- causes great concern is the inadequate this is my 23rd year on the Sub- ference, he had the virtually impos- funding provided for the administra- committee on the Interior. I have sel- sible task of trying to bridge insur- tion’s new Land Legacy program, one dom voted against a bill, I have seldom mountable differences of opinion be- of the major initiatives of the 2000 voted against a conference report, and tween the Houses, the parties and the budget. The administration proposal I regret that I have to do it today. But branches of Government, and I also was to fund the Land and Water Con- I am convinced that we can do better, want to at this time commend the staff servation Fund at the fully authorized that we can make this bill stronger, of the subcommittee, Debbie Weatherly level of 900 million, including roughly and I look forward to working with the and the members of the majority staff, 800 million in the Interior appropria- gentleman from Ohio (Mr. REGULA) to Del Davis, and the minority staff. tions bill. accomplish this task at a later date. These people have worked very hard The conference agreement, while im- Mr. Speaker, I reserve the balance of under very difficult circumstances to proving on the 190 million included in my time. bring this conference report, and they the House bill, provides only about Mr. REGULA. Mr. Speaker, I yield 4 are highly professional people who one-third, or 266 million, of the minutes to the gentleman from Ten- work for the best interests of the amounts requested. While the con- nessee (Mr. WAMP), a very valuable House of Representatives. ference agreement is 600 million higher member of our subcommittee. In many ways the recommendations than the House bill, funding for the ad- (Mr. WAMP asked and was given per- of the conferees on this measure rep- ministration’s top priority was only in- mission to revise and extend his re- resent improvements compared to the creased by 75 million. The rec- marks.) bill that passed the House in July. ommendation of the conferees does not Mr. WAMP. Mr. Speaker, I thank the However, in other important ways, spe- even match last year’s level. It is 62 gentleman for an outstanding job, not cifically the addition of three environ- million less. And last year’s bill was just this year, but in previous years, mentally damaging legislative riders, 500 million less in total than this year. outstanding staff on both sides of the this agreement is much worse than the Two major parts of the President’s aisle; and I say to my friend, the rank- House bill and will almost certainly be Land Legacy initiative, the 200 million ing member who is also an outstanding vetoed by the President. The inclusion requested for conservation grants and gentleman, I am reminded today of of the riders is especially troublesome planning assistance and the 66 million what Ronald Reagan once said, some- given the vote of the full House on the increase requested for the Cooperative thing like this, I am paraphrasing, that motion to instruct conferees. Endangered Species Conservation somebody who votes with me 80 per- Two hundred eighteen members of Fund, did not receive any funding. cent of the time is not 80 percent my this House, a majority, voted to in- Given the threat of development in and enemy, he is 80 percent my friend, or struct conferees to support the Rahall around so many of our parks, forests, he is not 20 percent my enemy, he is 80 amendment limiting the number and refuges, and other public lands and percent my friend; and I really think size of mill sites on public lands to sup- given the strong support of acquiring that the opposition to this bill is focus- port the Senate, the other body’s posi- and conserving these sensitive lands by ing on a few narrow problems that on tion increasing funding for the Na- a substantial majority of the American October 21 we need to get beyond. tional Endowment for the Arts and the people, the failure of this bill to ad- It is time to get beyond this October Humanities by $5 million each and to dress these needs adequately is a seri- the 21, in this year pass this bill, move reject the Senate’s anti-environmental ous flaw. it out of here; and I hate to see the riders. Unfortunately the only part of Mr. Speaker, I urge my colleagues to gentleman from Washington (Mr. the instruction that was followed was vote no on this conference report and DICKS) break his perfect record on sup- to agree with the Senate’s funding in- avoid the imminent veto by the admin- porting this because I think it runs crease for the National Endowment for istration. Passing the conference re- counter to the philosophy of the Com- the Humanities. port right now is futile if changes are mittee on Appropriations where we do Environmentalists and the adminis- not made. work in a bipartisan way, we do build tration have roundly criticized the Mr. Speaker, I would say to the gen- consensus, we do work through these Senate bill. While it may be true that tleman from Ohio that I agree with conference committees, and my col- the conference agreement has margin- him on the Park Service and on several leagues know the old saying that we ally improved some of the riders, the other areas of this bill. We have made say in the House from time to time, resulting provisions are still opposed some significant progress, and no one that maybe the Democrats are our op- by the administration and have no doubts the chairman’s commitment to ponents, but the Senate is the real place in this appropriations bill. The improving our national parks, and I enemy. That seemed to not have provisions relating to mining mill have appreciated the fact that he goes changed regardless of who is in the ma- sites, delaying hard rock mining regu- out and he looks at the parks. I think jority. But that is just reality. At the lation, delaying oil royalty evaluation the fact that we are keeping these fees end of the day the Senate does not do regulations, and grazing should not to improve the parks is one of the most what we want them to do, but we have have been accepted by the conference. positive things that we have done with got to move the process forward. So, The conferees’ decisions on funding the authorizing committee, and there please do not hold this bill up. for the National Endowment for the are a lot of things that are positive. I want to focus on a couple of things Arts is a major disappointment. De- I do not want to paint an entirely that have not been talked about yet, spite the fact that the conference negative picture, but unfortunately the and that is the energy piece of this bill, agreement provides a total of 600 mil- other body keeps insisting on these rid- a little over a billion dollars out of $14

VerDate 12-OCT-99 04:57 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.128 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10681 billion in energy research, fossil energy Mr. MARKEY. Mr. Speaker, as my tleman from Ohio (Mr. REGULA), the and energy conservation. colleagues know, the problem with chairman of the subcommittee, for the Let me just say some people may ask being a Red Sox fan is not unlike being bill that we are about to have. I know why do we fund these programs. En- in the minority with this particular it is the best we could do with the Sen- ergy research really was brought about Republican in the majority. We just do ate that we are dealing with on the by the oil problems of the 1970s and the not have any chance to win. We can, other side, and certainly, it is not a need for our country at the national like, script it, as my colleagues know, perfect bill, of course not. But there level, the Federal level, to rely on re- differently each time to make it inter- have been a great number of mistruths search, basic research from the Federal esting; but the outcome is always pre- presented in this bill that I would like Government, to pursue alternative en- determined, and we lose. So I am quite to straighten out in this few minutes ergy sources so we are not so dad-blast- used to this, given the way in which that I have. ed dependent on Middle Eastern oil. We the umpires stole the American League Over the debate of the last few weeks have got to fund those programs. We championship from the Red Sox. we have had the so-called Rahall mill are increasing the funding on those Today, I rise to denounce the assault site rider included. Did I support it? programs. on America’s environmental tradition No. Let me tell my colleagues why. Be- That is at the heart of this bill. We in this Interior appropriations con- cause the mistruths that were there fund the good guys. We fund the Park ference report. I am honored to have need to be corrected. Service, the Forest Service, the Bureau helped shape the tradition in a small Current law mandates that mill sites of Land Management, U.S. Fish and way by ensuring fair royalties for our can only be five acres in size, but addi- Wildlife, U.S. Geological Survey; these oil and gas reserves in a law which I tional mill sites may be used in order are the good guys. We are trying to authored in 1981 when I was the chair- to support an economic ore body. That fund these good guys; help us fund man of the Committee on Oversight is current law. The reason being, this these good guys. But we also have to and Investigations overseeing the De- limitation forces the mining company reduce our reliance on Middle Eastern partment of Interior by preventing cor- to use only the minimal amount of oil for the peace and well-being of our porations from robbing the American public land needed. However, when an country at large. people of their natural resources. additional 5-acre mill site is required, We hear a lot about climate change, How then can I accept this bill in mining companies must comply with does it lead to global warming? I do not which the Republican leadership plays all State and Federal environmental know what the actual science is. I have with the Minerals Management Service laws. great questions about it, but I know like a yo-yo? The Minerals Manage- It is important to note that what this. If we can develop better policies ment Service proposes rules valuing many would characterize as ‘‘mine through fossil energy research to re- our oil and gas reserves. The Repub- waste’’ is nothing more than dirt and duce CO2 emissions, it cannot do any licans respond with riders, restricting rocks covering the ground that is simi- harm; it can only do good. Why not do the rule. For 4 years this yo-yo has lar to any jogging path or driveway it? That is in this bill, strong effort, rolled back and forth without resources that we have in America today. thought through, good science. We trapped on the string; and, true to Allow me to share with my col- studied it; we developed these prior- form, an additional 6-month delay has leagues on the left who oppose this bill ities. It is in the bill. Do not hold that been attached to this conference re- the current environmental laws that up. Move fossil energy research for- port. mining companies must comply with ward; we will have cleaner air guaran- every time they seek an additional b 1745 teed if we fund these programs. five-acre mill site. Energy conservation, things like It is time to end this destructive They must fully comply with the Na- weatherization. We do not want cool game. Cut the string and give the tional Environmental Policy Act. This air to just leak out of our public hous- American people reasonable compensa- means that all activities on mill sites ing in this country or warm air just to tion for oil and gas from Federal lands. located on public land must be evalu- leak out. We want to come up with Mr. Speaker, I wish that I could say ated in an environmental impact state- smarter ways to build public housing that this was the only threat in the In- ment before they are allowed by the in this country to make sure we reduce terior Appropriations conference re- BLM or the Forest Service to have ad- the cost for our residents and for our port, but I cannot even say it is the ditional acreage. They must comply Government to take care of the indi- worst. Extension of grazing permits with the Federal Surface Management gent in our country through weather- and an allowance for increased mining Rules which apply to Federal lands and ization programs. waste on Federal lands are just a few of State mining and reclamation pro- This research is working. It is basic the destructive provisions that remain. grams, which apply to Federal, State research fully funded in this bill, the They buzz around this bill like gulls in and private lands. These programs kind of things that we need. a trash dump. We cannot accept a con- typically require a detailed character- This is a good bill. It went through ference report with any of these provi- ization of the dirt and rocks which is the process, we had the hearings, we do sions. We have a responsibility to our called overburden; operating controls travel, we hear from everyone, we vent, natural resources, to our tradition of to prevent or control generation of any we work through it. Dad-gummit, it is environmental stewardship. excess waste or overburden; continuous October 21. Let us pass this bill with As we enter the 21st century, we monitoring of overburden placed on bipartisan support like we always have must not relinquish this responsibility. sites; containment of any wastes; pre- before and move this process forward. We must protect our resources and we cautions to maintain stability of waste It is not time to obstruct or delay un- must start by defeating this Interior management structures; containment less my colleagues are being exces- conference report on the floor this of any chemicals to prevent releases to sively partisan, and I am not one that evening. the environment; reclamation of mill is excessively partisan. I jump back I thank the gentleman from Wash- sites to return land to post-mining pro- and forth depending on what my guts ington State for his national leadership ductive use. tell me to do, and it is time for my col- and for his civility and compassion for They must comply with Air Quality leagues who want to play partisan Red Sox fans. standards on Federal, State and pri- games at the end of the year to do the Mr. REGULA. Mr. Speaker, I yield vate lands. All activities on mill sites right thing, move this bill forward, 41⁄2 minutes to the gentleman from Ne- are subject to the Federal Clean Air pass the bill. vada (Mr. GIBBONS). Act; State implementation plans and Congratulations. (Mr. GIBBONS asked and was given State air quality laws, including the Mr. DICKS. Mr. Speaker, I yield 2 permission to revise and extend his re- National Ambient Air Quality Stand- minutes to the gentleman from Massa- marks.) ards, major source permitting, and new chusetts (Mr. MARKEY), one of my dis- Mr. GIBBONS. Mr. Speaker, first of source review; Title V operating per- tinguished classmates who is working all, I want to extend my great con- mits and regulation of hazardous air on umpire reform at this very moment. gratulations and thanks to the gen- pollutants and control of fugitive dust.

VerDate 12-OCT-99 05:26 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.130 pfrm02 PsN: H21PT1 H10682 CONGRESSIONAL RECORD — HOUSE October 21, 1999 Mines must also comply with the in the forestlands of Washington Mr. PETERSON of Pennsylvania. Mr. Surface Water Quality on Federal, where, in fact, that is going to go on if Speaker, I thank the gentleman for State and private lands. All activities we accept that. yielding me this time. on mill sites are subject to the Federal The problem with this bill is simple. It is a pleasure to be a part of this Clean Water Act. All discharges of pol- While America wants us to go forward committee. It has been my first year in lutants are subject to Federal dis- on the environment, this takes step by the appropriations process, and I have charge permits and effluent standards, step backwards. We should go forward found it most interesting. I found as well as State water quality controls on mining reform; we go backward. We today most interesting. As I said ear- and numeric stream standards. Most should go forward on forest reform; we lier during the debate on the rule, this mine standards are subject to a Federal go backward. We should go forward on bill received overwhelming support zero discharge standard. oil royalties; we go backward. from this body, and it should have. A Mines must comply with the Ground My colleagues are right, we did send lot of hard work went into it. I have Water Quality on Federal, State and this bill over to the other chamber, but listened here during the discussion private lands. All activities on mill it came back infested with these when the minority Member spoke of sites must meet stringent ground antienvironment riders. When we sent the many improvements in the con- water protection requirements and it over to the other chamber, it was a ference report. That was the term he standards promulgated by States. Most puppy; and it came back full of fleas used. He did not define them, but he States impose a no-discharge standard and now those little fleas have got to listed many improvements. So some on mill site activities. The absolute be removed from this bill. things are better. But it has been inter- minimum level of protection mandated I want to tell my colleagues why I esting to listen to the discussion, and I by any State is the drinking water think Americans are going to be so think the gentleman from Nevada (Mr. standards from the Federal Safe Drink- angry, and I think angry is the right GIBBONS) explained the mining issue ing Water Act. word for it, when they hear about this well. All activities on mill sites must ob- continued giveaway. It is because if I have been dealing with bureauc- tain a Federal wetlands protection per- you go on Main Street, nothing will racies for 25 years at State and now at mit before placing fill or waste on a outrage the American people more the Federal Government level, and mill site. than the giveaways to special inter- these are debates going on between bu- At the end of the mine life, all activi- ests, the giveaways that this body has reaucracies and people they regulate. I ties on mill site must be closed under given time after time to special inter- have been involved forever in trying to State laws to be stable, safe, and to re- est legislation and antienvironmental bring fairness, because I find govern- move the potential to degrade the envi- riders. That should stop. ment lawyers are not always fair and ronment. If we do not stand for the environ- government bureaucrats are not al- Lastly, numerous Federal and State ment, we ought to stand for this House, ways fair and they should not be legis- laws require operations on mill sites to for ourselves, for each other. When we lating, and they are legislating. What report spills or environmental inci- voted 273 to say to the other chamber we are trying to do is work out to dents and to remediate immediately. we will not let you shove this down our make sure the appropriate people study Again, reclamation of mill sites must throats. We will not let you go back- these issues and come up with the an- be done to return the land to post-min- wards on mining reform. I do not want swers. So let us go through them. ing productive land use. to encourage anyone to put up the I think the gentleman from Nevada This measure contains the mill site white flag to the other chamber on this adequately explained the hard rock provision, but it was unnecessary be- subject. We ought to stand firm. mining regulation. It provides a one- cause all mines today have to go Let me just point out, when I say year moratorium. Now, I am not a min- through a very stringent evaluation this is an abject retreat on mining re- ing expert, but I was told when we had and environmental protection for mill form, it is. I would encourage my col- the debate on the floor and told by sites. It was unnecessary to have this leagues to look at section 337(b), which many people who know a lot more rider in it and certainly, I could not has some of the cleverest legal writing about mining than I do that that provi- support that mill site, but I think this I have seen. It is a little trick in here sion would prevent many of our mines is the best bill we could get, and I want that says basically that Congress from operating that are good mines. to thank the chairman for his success agrees with the mining industry on They could not work on that limita- in getting it to the floor. their interpretation of existing law, ex- tion of land with their waste. Impos- Mr. DICKS. Mr. Speaker, I yield 4 isting law. There is a little time bomb sible regulation to live with. Well, we minutes to the distinguished gen- in here that will entirely ruin our ef- should deal with that. We should make tleman from Washington (Mr. INSLEE), forts. sure that this lawyer is being fair with who has been very concerned about en- Now, there is talk about compromise, the mining industry. It is a vital part vironmental issues and one of our out- and I understand compromise in a leg- of our future. standing new Members. islative body. But frankly, compromise The oil valuation. There is nobody (Mr. INSLEE asked and was given in this manner, giving in to these spe- here who wants oil companies to get permission to revise and extend his re- cial interests is like the guy who steals government oil cheaper than the mar- marks.) $10 from your pocket and wants to ket price. I do not know of anybody. I Mr. INSLEE. Mr. Speaker, I must compromise by giving you five back. do not think there are members of the speak against this bill, and that is with That is the situation with mining re- government who want to take oil out due respect to the gentleman from form. of the public land for less than the Ohio (Mr. REGULA) who I think has I am simply saying this: we are going value. I do not. I do not know of other been very sincere in his efforts to im- to stand divided, unfortunately, on members that do. prove this bill. But one of the things this. Some are going to stand for going But if there is a disagreement in how the gentleman said struck me in his forward on the environment and vote to come to that price, I think we have comments. He mentioned Central Park, ‘‘no;’’ some are going to stand with a right to look at and have a GAO a beautiful place loved by maybe all going backward on the environment study done that will resolve that issue. Americans, at least New Yorkers. and vote ‘‘yes.’’ I am going to stand to Why should we not do that? We should But the problem with this bill, if we go forward. It does not matter how be fair. give up, if we put up the white flag to many more stands as far as I am con- The grazing issue. Another issue the other chamber, it would allow cerned, but the American people desire where people have been grazing on this somebody to go into Central Park if it and are entitled to move forward when land for years. The BLM is way behind was owned by the Federal Government it comes to the environment. in the backlog, not appropriately deal- and put in a strip mine, a gold mine Mr. REGULA. Mr. Speaker, I yield 4 ing with this issue. Are we going to and put as much as they want over 5, minutes to the gentleman from Penn- punish those who graze? I do not think 10, 15 or 20 acres. We should not do that sylvania (Mr. PETERSON), a valued new we should. We have given the BLM in Central Park and we should not do it member of our subcommittee. extra money, we have taken a 6 month

VerDate 12-OCT-99 04:47 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.133 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10683 moratorium waiting, and then they can did not. In fact, a number of these rid- islators, an opportunity to ensure that go ahead and if the people are not ap- ers were not even in the House bill our public lands will be better when we propriately using the land, they can when the House bill passed originally. leave than they were when we came stop their permits. These are not envi- They were added in the other body. here; an opportunity to tell the people ronmental riders that are going to dev- So, again, this conference report does of America that we care about the ex- astate the public land of America. That not measure up to the standards that perience they will have; that we want is just not a fair statement. These are this House set for it in its motion to to ensure that they are well main- disagreements that have been brought instruct conferees, and we set those tained and that we enhance them wher- to the table and have been given a very standards on a bipartisan basis with ever possible and that they can enjoy limited time to resolve them. That is many people on that side of the aisle in the future generations the same ex- good government. And those who want voting with us, urging the stripping of perience we have had with this legacy. to demagogue and punch oil companies those riders. I saw the smile of the gentleman and punch grazers and farmers and That motion to instruct also asked from Massachusetts who brought up shut down mining, that is their tool. them to drop the provision on mining the metaphor of baseball. Being from Mr. Speaker, I think we should be so that mines cannot continue to go the Cleveland area, I was not in a posi- fair. We in Congress should set the beyond the authority given to them tion to say a whole lot, but if I had rules on mining, not some lawyer in a under the 1872 law, in ruining the envi- been from New York it would have department. And if we do not agree ronment around them. Again, the con- been a little easier. with the valuation of the price, then ference did not drop that provision. In any event, let me just close by we should legislate what is how we sell So I think we should not be surprised saying to everyone, we have an oppor- oil. We should resolve those issues and that this House is now going to find tunity today, by voting ‘‘yes,’’ to hit a not let bureaucrats arbitrarily do what many votes opposed to this bill. home run for America. they feel is appropriate when it is not. We are going to be voting against Mr. NADLER. Mr. Speaker, I rise today in This is a good bill. It is thoughtful; it this bill essentially for three reasons. strong opposition to the Interior Appropriations has been a well-worked out com- First of all, because the bill in many Conference Report. promise; it is the best we are going to respects, with respect to the environ- There are plenty of reasons to vote against get; and I think we should support it mental riders is in worse shape than it this bill, from its anti-environmental riders to and the President should sign it. was when it left the House originally. the dramatic cuts in the President's Land Leg- Secondly, it contains a number of the acy Initiative. But most distressing is that once b 1800 provisions on these riders which the again, in what has become an annual event, Mr. DICKS. Mr. Speaker, I yield 5 House asked the conference to strip the Appropriations Committee has short- minutes to the gentleman from Wis- and which the conference committee changed the National Endowment for the Arts consin (Mr. OBEY), the ranking Demo- did not, in fact, carry out. of much-needed funding. cratic member of the Committee on Thirdly, we feel that the conference The NEA suffered a 40% cut in funding in Appropriations, who has worked very report does not sufficiently take ac- 1996 to $99.5 million and it has been cut even tirelessly on all of these bills. count of the opportunities available to further to $98 million the last two years, the Mr. OBEY. Mr. Speaker, let me start us to save precious natural resources lowest appropriation to the NEA since 1977, by stipulating that the chairman of the by meeting the President’s request or over 20 years ago. The bill that passed the subcommittee is one of the finest Mem- something close to it for his Lands House in July maintained this level once more. bers of this institution. I have had the Legacy Program. That is all that is in- As the nation is experiencing historic levels of privilege of serving with him for many volved here. It should not be a surprise. prosperity, it is time to increase our commit- years, and I think he has graced this From the beginning, from the get-go, ment to the arts. And it seemed, just a few body with dedicated service. I think he we have known that this bill needed to weeks ago, that we had taken a first step to- is thoughtful. I think he is fair-minded, be improved in order to achieve a large ward renewing this commitment. This House and I think he is a fine chairman of number of bipartisan votes, and under voted to instruct our conferees to accept the this subcommittee. those circumstances, since the House Senate's modest $5 million increase to bring I wish that the bill that he brought leadership has chosen to bring that bill NEA funding to $103 million. But once again, to the floor was of the same quality as to us without the improvements that we have fallen short of our promises. Indeed, he is, because there would be no dis- the House itself said it wanted when we our own conferees ignored the wishes of this pute if it were. first sent the conference committee to House and insisted on level funding for the Let me simply say that we have conference, we have no choice but to third consecutive year. This is a snub to our heard a number of speeches from our stick by our convictions and oppose the colleagues as well as to the arts community. friends on the Republican side of the bill at this point. It is a tiny amount of money that we are aisle in which they have feigned sur- I hope that after it goes down to the talking about. A fraction of one percent of our prise at the fact that there is so much White House and is vetoed, the con- entire federal budget. But these dollars yield opposition to this bill, given the fact ference committee will take seriously dividends that far outweigh the investment. that there were so many votes for this the instructions of the House and take Throughout its thirty-year history, the National bill when it originally passed. I think if seriously the requests of the President Endowment for the Arts has contributed to the we want to understand why that is so, of the United States. And when they tremendous growth of professional orchestras, all we have to do is take a look at the do, with the few reasonable com- non-profit theaters, dance companies, and motion to instruct conferees which promises, we can have a bill which will opera companies throughout the country. The passed this body just a few weeks ago. indeed reflect the same kind of quality NEA helps support the non-profit arts industry This House, by a margin of over 20 that the gentleman from Ohio (Mr. which generates more than $36 billion of busi- votes, I believe, on a bipartisan basis, REGULA) has reflected in all of his ness annually, 1.3 million full-time jobs, and asked the conference committee to do years service in this House. returns $3.4 billion in federal taxes every year. a number of things. They asked us to Mr. REGULA. Mr. Speaker, I yield The NEA also supports arts education, go to the Senate level on funding for myself such time as I might consume. which is essential in developing critical think- the arts. We did not do that in the con- Mr. Speaker, I thank the gentleman ing skills such as reading, math, and science. ference committee. The conference from Wisconsin (Mr. OBEY) for his com- It builds important workplace skills such as committee made no compromise what- ments, and I would say that always in creative problem solving, allocating resources, soever with respect to the arts and our dealings maybe we disagreed but he team building, and exercising individual re- brought the bill back still at the House has been honorable about it, and I sponsibility. Arts education programs also help level. think that is a great quality in this in- to discover and train the next generation of The motion to instruct that was stitution. artists. These programs will all suffer as a re- adopted by this House on a bipartisan Let me just say to the Members that sult of our shortsightedness. basis also asked the conferees to strip are here and that are out there in TV Let's remember that the NEA has an impor- out all of the anti-environmental riders land that here is an opportunity to en- tant impact on the arts throughout the country. and, in fact, the conference committee hance the legacy that we leave, as leg- The NEA stimulates the growth of local arts

VerDate 12-OCT-99 04:47 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00069 Fmt 7634 Sfmt 9920 E:\CR\FM\K21OC7.134 pfrm02 PsN: H21PT1 H10684 CONGRESSIONAL RECORD — HOUSE October 21, 1999 agencies and investment in the arts by state My biggest concern, however, is that these not paid by cash laden oil producers to imple- and local governments. Before the NEA, only initiatives will be paid for by every hardworking ment a new rule that would raise the royalty five states had state-funded arts councils. taxpayer. We should not ask the American fees on oil and gas pumped from public lands. Today, all 50 states do. Many of these local people to pay for the kind of inappropriate, Specifically, the new sound royalty rate would agencies have formed partnerships with local costly measures that have not been properly tie the price of oil to the commodity market in- school districts, law enforcement, parks and considered or authorized. Major policy deci- stead of murky negotiated deals between pro- recreation departments, chambers of com- sions, such as these, should be considered by ducers and buyers. merce, libraries, and neighborhood organiza- the appropriate authorizing committee after The effect of this rule was to curtail the tions. Innumerable small towns and cities hearings and debate. practice of using posted prices to determine oil across America have benefited tremendously Mr. Speaker, overall, I believe the con- royalties. For two, now three straight appro- from federal investment in the arts. ference product is a good one. In the future, priations processes, Congress has barred In- And the NEA has made special efforts to however, we should resist the temptation to terior from finalizing this rule in hopes that a expand its reach into every community in this attach inapproirate policy intiatives appropria- compromise could be reached. It seems that nation. The funding increase was to go to en- tions bills. the only compromise that can be reached re- sure that it had the resources to carry out this Mr. BEREUTER. Mr. Speaker, this Member garding this issue is nothing short of the status initiative. So, I hope that none of my col- rises today to express his great appreciation quo, or if the oil industry had its way, they leagues will complain next year that their dis- to the distinguished gentleman from Ohio (Mr. could pay the government in crude. trict received no grants from the NEA because REGULA), Chairman of the Interior Appropria- The oil industry has skillfully underpaid the it is their own fault that its reach will be stunt- tions Subcommittee, and the distinguished government more than $3 billion and now they ed. gentleman from Washington (Mr. DICKS), the are complaining that the government is cheat- Once more, the Republican leadership has Ranking Member on the Subcommittee, and to ing them and driving them out of business. worked to restrict the growth of the arts in all members of the conference committee for These accusations should infuriate everyone America. And we cannot rely on private the inclusion of a $10 million appropriation for in this chamber. In the name of profit, big oil money to make up the shortfall when we with- the first phase of construction for a replace- has cheated the American public, Indian tribes hold funding. In fact, since NEA funding is ment Indian Health Service (IHS) hospital lo- and our school children by denying them rev- often matched by private organizations, when cated in Winnebago, Nebraska, to serve the enue for programs that rightly should benefit we withhold public dollars we stifle efforts to Winnebago and Omaha tribes. Of course, the them. Delaying implementation of this rule any generate private donations. conference committee is already well-aware of longer continues to show how money talks Mr. Speaker, the NEA is a crucial tool in the ongoing situation with this hospital. In- and the publics' rights walk in halls of Con- building a vibrant arts community across the deed, last year the Interior Appropriations gress. nation. We must do more for our artists and Subcommittee kept the process going by in- The Majority has also engaged in another cultural institutions. I urge my colleagues to cluding funds to complete the design phase of attempt to weaken what little environmental vote against this bill. the project for which this member and Native protections that the 1872 Mining Law affords. Mr. MALONEY of Connecticut. Mr. Speaker, Americans in the three state region are very The House's willing acceptance of the Sen- I strongly oppose passage of H.R. 2466, the grateful. Now, construction dollars are needed. ate's Millsite Rider astounds me. This rider, Fiscal Year 2000 Interior Appropriations Con- Unfortunately, the Office of Management which amends the 1872 Mining Law, is con- ference Report. Passage of this conference and Budget overruled Indian Health Service's trary to the Administration's legal interpretation report is not only fiscally irresponsible, but it is FY2000 budget request for the first phase of of the law and goes against two overwhelming also environmentally destructive. I urge every- construction, so there was no request by the House votes against this issue. one to oppose this bill. Administration. Once the design is completed, The Administration's interpretation of the Again and again, we have seen the majority it is important to begin funding for the first millsite provision was an important step in pro- bring conference reports to the floor that we phase of construction without a delay. If there moting environmentally sound mining practices simply cannot afford to pass if we intend to is a time lapse between completion of design that have already cost the taxpayer $32±$72 live within the budget caps. Anyone who is and construction, it is very possible that costs billion in clean up costs. Mining today has concerned about saving Social Security should will increase, making this project more expen- wreaked havoc on the environment since the vote against this report. sive. That is why this appropriation action at introduction of chemical leach technology that Just as bad, this bill contains virtually all of this time is so critical. made the mining of low grade ore economi- the anti-environmental riders from both the In closing Mr. Speaker, this Member wishes cally viable. Although this technology turned House and Senate versions of this legislation to acknowledge and express his most sincere once profitless mines into profitable ones, it plus three new and equally harmful riders. For appreciation for the extraordinary assistance requires significant tracts of land on which to that reason as well I strongly oppose this con- that Chairman REGULA, the Interior Appropria- dump toxic fluid mining waste. The House ference report and will continue to oppose any tions Subcommittee, and the Subcommittee broadly supported the Administration's deci- legislation that weakens environmental laws, staff have provided thus far on this important sion to reinforce the Millsite provision after and infringes on public health, public lands, project and urges his colleagues to support years of ignoring, but under Senate pressure, and the public treasury. I urge all of my col- the bill. the House caved to their demands and rolled leagues to exercise fiscal and environmental Mr. VENTO. Mr. Speaker, I rise today in back one of the last environmental protections responsibility, and vote `no' on this conference strong opposition to the Interior Appropriations afforded in the Mining Law. report. Conference Report. Since the Republicans There are numerous other unpalatable rid- Mr. PORTMAN. Mr. Speaker, I supported took over the House, they have had the dubi- ers tacked onto this legislation including deny- the Department of Interior appropriations con- ous distinction of using this spending bill to ing millions in funds for the President's Lands ference report, and commend Chairman make substantive, and often controversial, pol- Legacy Initiative to purchase privately held RALPH REGULA who, despite strict budget re- icy changes. Most often, these decisions were land located inside and adjacent to our na- straints and difficult negotiations with the Sen- in direct contrast to public interest and senti- tional parks and forests, extending the morato- ate, crafted a good bill. However, I do wish to ment. Thus, it comes as no surprise, that we rium on stronger hard rock mining regulations express my opposition to the many policy ini- are on the floor debating mischievous at- on mines that already exist on federal lands, tiatives, or so-called riders, that were added tempts by the Republican majority today to un- the automatic renewal of grazing leases, by the Senate and included in the report. The dermine and roll back sound environmental waiving Forest Service and Bureau of Land legislation overwhelmingly passed by the policy originally designed by Congress to pro- Management requirements to conduct wildlife House on July 15 was far superior to the prod- tect the land that each and every American surveys before beginning timber sales on na- uct returned by us by the Senate. rightly owns. tional forests and public lands, numerous di- I am concerned that these riders included in The most egregious example of this is the rectives that diminish Indian programs, prevent the conference report will delay the implemen- Majority's attempt to kill the oil valuation rule. the Park Service from restoring natural quiet in tation of necessary rules and regulations that Although it rolls back no environmental policy, the Grand Canyon National Park, the list goes help protect the environment. Furthermore, I it is a slap in the face to the American tax- on and on. am very concerned that the riders single out payer and costs them millions of dollars every In addition to the anti-environmental riders, certain industries and organizations for special year. On October 1, 1998, the Department of the House refused to even agree to a modest protection which gives them an unfair advan- the Interior attempted to correct the under- funding increase for the National Endowment tage over others. payment of $68 million a year in oil royalties for the Arts. As a Member of the Resources

VerDate 12-OCT-99 04:47 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00070 Fmt 7634 Sfmt 9920 E:\CR\FM\A21OC7.076 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10685 Committee, I know all too well that the beauty Hansen McKeon Shadegg Pelosi Sanford Thompson (MS) Hastings (WA) Metcalf Shaw Peterson (MN) Sawyer Thurman of our national parks and public lands are an Hayes Mica Sherwood Phelps Schakowsky Tierney important part of our national heritage. As Hayworth Miller (FL) Shimkus Pomeroy Scott Toomey Members of Congress, we fight for every dol- Hefley Miller, Gary Shows Price (NC) Serrano Towns lar that we can get to preserve and protect Herger Mollohan Shuster Ramstad Shays Udall (CO) Hill (IN) Moran (KS) Simpson Rangel Sherman Udall (NM) those public lands in our districts. In the same Hill (MT) Morella Sisisky Reyes Skelton Velazquez respect, we cannot afford to not fund the arts. Hilleary Murtha Skeen Rivers Slaughter Visclosky Our nation is just as defined by its lands as by Hobson Myrick Smith (MI) Rodriguez Smith (NJ) Waters Hoekstra Nethercutt Smith (TX) Roemer Smith (WA) Watt (NC) its melting pot of different cultures and ideas Horn Ney Souder Rothman Snyder Waxman put to canvas, carved from stone, or seen on Houghton Northup Spence Roybal-Allard Spratt Weiner film. Instead, Congress is trying to shift Amer- Hulshof Norwood Stearns Rush Stabenow Wexler ica's cultural foundation to popular political Hunter Nussle Stenholm Ryan (WI) Stark Weygand Hutchinson Ortiz Strickland Sabo Stupak Woolsey tastes. As representatives of the people, we Hyde Ose Stump Sanchez Tauscher Wu should take no part in stifling and sterilizing Isakson Oxley Sununu Sanders Thompson (CA) Wynn the creative development of our nation. Con- Istook Packard Sweeney Jenkins Pease Talent NOT VOTING—8 gress should encourage itÐNot thwart such John Peterson (PA) Tancredo Camp Jefferson Scarborough expression. Johnson, Sam Petri Tanner Jackson-Lee McCarthy (MO) Vento As we debate the multitude of riders tacked Kaptur Pickering Tauzin (TX) McCarthy (NY) Young (FL) onto this conference report, we cannot forget Kasich Pickett Taylor (MS) King (NY) Pitts Taylor (NC) b 1831 the overall story this bill tells. This story is Kingston Pombo Terry Mr. KILDEE and Mr. GREEN of about the Republican Majority attempting to Knollenberg Porter Thomas Texas changed their vote from ‘‘yea’’ dictate important policy decisions through the Kolbe Portman Thornberry Kuykendall Pryce (OH) Thune to ‘‘nay.’’ appropriations process. The line that divides LaHood Quinn Tiahrt Messrs. NUSSLE, SESSIONS, the authorizers from the appropriations is be- Lampson Radanovich Traficant SANDLIN, and LAMPSON changed coming transparent. The Committee process is Largent Rahall Turner their vote from ‘‘nay’’ to ‘‘yea.’’ becoming something of a joke. When a Mem- Latham Regula Upton LaTourette Reynolds Vitter So the conference report was agreed ber has a controversial issue to discuss, he or Leach Riley Walden to. she does not bring it before the House. He or Lewis (CA) Rogan Walsh The result of the vote was announced she sneaks it into a spending bill where it re- Lewis (KY) Rogers Wamp Linder Rohrabacher Watkins as above recorded. ceives little or no Congressional scrutiny. LoBiondo Ros-Lehtinen Watts (OK) A motion to reconsider was laid on Nothing is gained by this process. It allows the Lucas (KY) Roukema Weldon (FL) the table. Lucas (OK) Royce Weldon (PA) feelings of mistrust and abuse to fester, and f forces Members to vote against important leg- Manzullo Ryun (KS) Weller Mascara Salmon Whitfield islation. This is not the land of special inter- McCollum Sandlin Wicker REMOVAL OF NAME OF MEMBER ests and payoffs. It is the land of every Amer- McCrery Saxton Wilson AS COSPONSOR OF H.R. 1598 ican citizen. As such, I urge my colleagues to McHugh Schaffer Wise Mr. BRYANT. Mr. Speaker, I ask McInnis Sensenbrenner Wolf vote no on this legislation and work to report McIntosh Sessions Young (AK) unanimous consent that the name of a new, clean bill to the President. the gentleman from California (Mr. Mr. REGULA. Mr. Speaker,I yield NAYS—200 THOMPSON) be removed as cosponsor of back the balance of my time. Abercrombie Deutsch Kind (WI) H.R. 1598. Mr. DICKS. Mr. Speaker, I yield back Ackerman Dicks Kleczka The SPEAKER pro tempore (Mr. the balance of my time. Allen Dingell Klink SHIMKUS). Is there objection to the re- Andrews Dixon Kucinich The SPEAKER pro tempore (Mr. Baird Doggett LaFalce quest of the gentleman from Ten- SHIMKUS). Without objection, the pre- Baldacci Dooley Lantos nessee? vious question is ordered on the con- Baldwin Doyle Larson There was no objection. ference report. Barcia Edwards Lazio Barr Engel Lee f There was no objection. Barrett (WI) Eshoo Levin REPORT ON RESOLUTION PRO- The SPEAKER pro tempore. The Becerra Etheridge Lewis (GA) question is on the conference report. Berman Evans Lipinski VIDING FOR CONSIDERATION OF Pursuant to clause 10 of rule XX, the Berry Farr Lofgren H.R. 2260, PAIN RELIEF PRO- Bilbray Fattah Lowey MOTION ACT OF 1999 yeas and nays are ordered. Blagojevich Filner Luther The vote was taken by electronic de- Blumenauer Forbes Maloney (CT) Ms. PRYCE of Ohio, from the Com- vice, and there were—yeas 225, nays Bonior Ford Maloney (NY) mittee on Rules, submitted a privi- Borski Frank (MA) Markey 200, not voting 8, as follows: Boswell Franks (NJ) Martinez leged report (Rept. No. 106–409) on the [Roll No. 528] Boyd Frost Matsui resolution (H. Res. 339) providing for Brady (PA) Gejdenson McDermott YEAS—225 consideration of the bill (H.R. 2260) to Brown (FL) Gephardt McGovern amend the Controlled Substances Act Aderholt Burton Ehlers Brown (OH) Gilman McIntyre Archer Buyer Ehrlich Campbell Gonzalez McKinney to promote pain management and pal- Armey Callahan Emerson Capps Gordon McNulty liative care without permitting as- Bachus Calvert English Capuano Green (TX) Meehan sisted suicide and euthanasia, and for Baker Canady Everett Cardin Gutierrez Meek (FL) Ballenger Cannon Ewing Carson Hall (OH) Meeks (NY) other purposes, which was referred to Barrett (NE) Chambliss Fletcher Castle Hastings (FL) Menendez the House Calendar and ordered to be Bartlett Chenoweth-Hage Foley Chabot Hilliard Millender- printed. Barton Coble Fossella Clay Hinchey McDonald f Bass Collins Fowler Clayton Hinojosa Miller, George Bateman Combest Frelinghuysen Clement Hoeffel Minge ACADEMIC ACHIEVEMENT FOR Bentsen Cook Gallegly Clyburn Holden Mink Bereuter Cooksey Ganske Coburn Holt Moakley ALL ACT (STRAIGHT A’s ACT) Berkley Cox Gekas Condit Hooley Moore Ms. PRYCE of Ohio. Mr. Speaker, by Biggert Crane Gibbons Conyers Hostettler Moran (VA) Bilirakis Cubin Gilchrest Costello Hoyer Nadler the direction of the Committee on Bishop Cunningham Gillmor Coyne Inslee Napolitano Rules, I call up House Resolution 338 Bliley Davis (VA) Goode Cramer Jackson (IL) Neal and ask for its immediate consider- Blunt Deal Goodlatte Crowley Johnson (CT) Oberstar ation. Boehlert DeLay Goodling Cummings Johnson, E. B. Obey Boehner DeMint Goss Danner Jones (NC) Olver The Clerk read the resolution, as fol- Bonilla Diaz-Balart Graham Davis (FL) Jones (OH) Owens lows: Bono Dickey Granger Davis (IL) Kanjorski Pallone H. RES. 338 Boucher Doolittle Green (WI) DeFazio Kelly Pascrell Brady (TX) Dreier Greenwood DeGette Kennedy Pastor Resolved, That at any time after the adop- Bryant Duncan Gutknecht Delahunt Kildee Paul tion of this resolution the Speaker may, pur- Burr Dunn Hall (TX) DeLauro Kilpatrick Payne suant to clause 2(b) of rule XVIII, declare the

VerDate 12-OCT-99 04:47 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.079 pfrm02 PsN: H21PT1 H10686 CONGRESSIONAL RECORD — HOUSE October 21, 1999 House resolved into the Committee of the are not seeing the positive results each part B of the Committee on Rules re- Whole House on the state of the Union for time we add more dollars and resources port. One is the manager’s amendment consideration of the bill (H.R. 2300) to allow to Federal education programs. I think to be offered by the gentleman from a State to combine certain funds to improve the academic achievement of all its stu- we all agree to some degree of failure Pennsylvania (Mr. GOODLING), which dents. The first reading of the bill shall be at the Federal level, or education will be debatable for 10 minutes. The dispensed with. General debate shall be con- would not top the list of both parties’ other is an amendment to be offered by fined to the bill and shall not exceed two legislative agendas. Yet, while we (Mr. FATTAH), which will be debatable hours equally divided and controlled by the agree that reform is necessary, Con- for 20 minutes. chairman and ranking minority member of gress has a hard time coming together Two amendments may not seem very the Committee on Education and the Work- on the one solution that will give a generous, but of the amendments filed force. After general debate the bill shall be considered for amendment under the five- better future to every child. with the Committee on Rules, only one minute rule. It shall be in order to consider That may be because there is not one amendment was denied. And it was a as an original bill for the purpose of amend- solution. Each school is different and Republican amendment, which was not ment under the five-minute rule the amend- each child is unique, so how can we germane to the bill. So I think the rule ment in the nature of a substitute rec- find the answer, the answer, that will is very fair to the minority and to the ommended by the Committee on Education make every school a first-rate institu- Members of this House who sought to and the Workforce now printed in the bill, tion and help every child reach his or amend this legislation. modified by the amendments printed in part A of the report of the Committee on Rules her full potential? The Straight A’s bill I should also mention that the rule accompanying this resolution. That amend- recognizes that such an individualized provides an additional opportunity to ment in the nature of a substitute shall be task may be beyond the reach of the change the bill through a motion to re- considered as read. Points of order against monolithic, far-removed Federal Gov- commit with or without instructions. that amendment in the nature of a sub- ernment. In addition, to give the Chair flexi- stitute for failure to comply with clause 4 of This legislation suggests that we bility and for the convenience of the rule XXI are waived. No amendment to that look to those who are most familiar amendment in the nature of a substitute House, the rule allows the Chair to shall be in order except those printed in part with the school systems and who are postpone votes during consideration of B of the report of the Committee on Rules. closer to the students to implement the bill and reduce voting time to 5 Each amendment may be offered only in the education policies and reforms that minutes on a postponed question, if order printed in the report, may be offered will make a real difference. Instead of preceded by a 15-minute vote. only by a Member designated in the report, making schools fit into a mold of a Mr. Speaker, let me reiterate that shall be considered as read, shall be debat- Federal education program, Straight this rule implements a compromise able for the time specified in the report A’s lets States and school districts cre- that will allow 10 States to escape from equally divided and controlled by the pro- ponent and an opponent, shall not be subject ate their own programs and use Fed- the red tape of Federal Rules and regu- to amendment, and shall not be subject to a eral dollars to make them work. lations to implement the education re- demand for division of the question in the Straight A’s is an option, not a man- forms that they guarantee will improve House or in the Committee of the Whole. The date for States. The only requirement student performance. These 10 States Chairman of the Committee of the Whole is results. Each State that participates may use Federal dollars, including may: (1) postpone until a time during further must sign a 5-year performance agree- Title I funding, as they see fit, to raise consideration in the Committee of the Whole ment and a rigorous statewide account- academic achievement, improve teach- a request for a recorded vote on any amend- ability system must be in place to par- ment; and (2) reduce to five minutes the min- er quality, reduce class size, end social imum time for electronic voting on any post- ticipate. States must report annually promotion, or whatever they feel is re- poned question that follows another elec- to the public and the Secretary of Edu- quired in their schools to meet their tronic vote without intervening business, cation as to how they have spent their performance goals. And the com- provided that the minimum time for elec- funds and on student achievement. The promise ensures that States continue tronic voting on the first in any series of bill provides penalties for failure, and to address the needs of disadvantaged questions shall be 15 minutes. At the conclu- it rewards results. students. sion of consideration of the bill for amend- That does not sound so bad, does it? With this compromise, we are moving ment the Committee shall rise and report the bill to the House with such amendments I would even say it is hard to argue forward with education reform in a as may have been adopted. Any Member may against this type of flexibility and measured way that builds upon and fol- demand a separate vote in the House on any change, given the shortcomings of our lows the successful model of the Ed- amendment adopted in the Committee of the education system under the status quo. Flex program, which has now been ex- Whole to the bill or to the amendment in the But as my colleagues know, this bill is panded to all States. If the Straight nature of a substitute made in order as origi- not without controversy. Whether it is A’s program proves as popular, we will nal text. The previous question shall be con- fear of change, a distrust of State gov- come back to this body and work to sidered as ordered on the bill and amend- ments thereto to final passage without inter- ernment, or healthy skepticism, there give all States the freedom to imple- vening motion except one motion to recom- are a number of Members who are con- ment innovative reforms and help their mit with or without instruction. cerned that the flexibility offered to students. The SPEAKER pro tempore. The gen- States through this bill is too broad. I hope my colleagues will join me in tlewoman from Ohio (Ms. PRYCE) is Happily, there has been a com- supporting this fair rule, which finds a recognized for 1 hour. promise, and this rule implements a middle ground and accommodates vir- Ms. PRYCE of Ohio. Mr. Speaker, for reasonable middle ground by limiting tually all Members who have expressed purposes of debate only, I yield 30 min- to 10 the number of States that may an interest in improving this legisla- utes to the gentleman from Massachu- part in Straight A’s. With adoption of tion. I urge a ‘‘yes’’ vote on the rule setts (Mr. MOAKLEY), the ranking mem- this rule, the Straight A’s Act will be- and on the Straight A’s bill. ber on the Committee on Rules, pend- come a pilot program rather than a na- Mr. Speaker, I reserve the balance of ing which I yield myself such time as I tionwide policy. my time. may consume. During consideration of In addition to this amendment, Mr. MOAKLEY. Mr. Speaker, I thank this resolution, all time yielded is for which is printed in part A of the report my colleague and my dear friend, the the purpose of debate only. of the Committee on Rules, an amend- gentlewoman from Ohio (Ms. PRYCE), Mr. Speaker, House Resolution 338 is ment to remedy a direct spending issue for yielding me the customary half- a structured rule providing for the con- will be incorporated into the text of hour, and I yield myself such time as I sideration of H.R. 2300, the Academic the bill when the rule is adopted. may consume. Achievement for All Act, also known The rule provides for 2 hours of gen- Mr. Speaker, I am very sorry to see as Straight A’s. The Straight A’s Act eral debate, equally divided and con- my Republican colleagues taking apart encourages innovative education re- trolled by the chairman and ranking Federal education programs for dis- form that will better prepare our Na- minority member of the Committee on advantaged children today, especially tion’s children for the 21st century. Education and the Workforce. The since earlier today the House passed an We have made a huge investment in House will then have the opportunity education bill authorizing $8.35 billion education at the Federal level, yet we to consider two amendments printed in for Title I programs. Today’s bill, the

VerDate 12-OCT-99 04:47 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.056 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10687 anti-accountability act, will steer poverty areas, have the best possible help disadvantaged children. And there funds away from the high poverty teachers. is an accountability measure to all of areas and gut the accountability stand- But this bill will not do that, Mr. this which we do not have now in some ards that passed the Committee on Speaker. This bill will turn back the of these programs, which I am going to Education and the Workforce 2 weeks clock on years of Federal efforts to di- talk about in a minute; and it must ago. rect funds toward low-income children, show how they are closing the gap be- Mr. Speaker, these are the children and it should be opposed. tween those who are disadvantaged with the greatest need. If the Federal Mr. Speaker, Congress created some presently served under various ESEA Government does not provide them of these Federal education programs programs, Elementary and Secondary with some assistance, there is no guar- because many State education pro- Education Act programs, and the other antee that they will get it from the grams failed to meet the special edu- students who are there, something States. Specifically, Mr. Speaker, this cation needs of neglected and homeless which does not happen today. bill will eliminate national education children. Now Congress is reversing its Now, what do we have today? Why funds targeted towards schools in poor efforts away from poor children, the should we even consider making any neighborhoods and turns them into one children who need it the most. changes whatsoever or why should we big block grant with which States can I urge my colleagues to oppose this take a chance on that? Because I con- do anything they want, including buy bill. sider it to be nothing more, really, Mr. Speaker, I reserve the balance of band uniforms or build swimming than taking a chance. my time. Well, under the ESEA, we have first pools. Ms. PRYCE of Ohio. Mr. Speaker, I and, I guess, foremost the Title I pro- If my colleagues believe this money am pleased to yield 6 minutes to my gram. That should be familiar to every- will go towards the poor children, let distinguished colleague, the gentleman me cite a General Accounting Office body in this chamber. Everybody just from Delaware (Mr. CASTLE), chairman voted on that. Most, as a matter of fact study that found that 45 States give of the subcommittee. less of their education funds to poor Mr. CASTLE. Mr. Speaker, I thank a large majority, voted to what I think children than the Federal Government the gentlewoman from Ohio (Ms. was a major improvement in Title I just an hour or so ago right here on does. And, Mr. Speaker, those children PRYCE) for yielding me the time. deserve all the help we can give them. Mr. Speaker, let me just start by say- this floor. That is the aid to disadvan- Poor children growing up in the United ing a couple things. Let me say first, I taged students. At least that is how it States have it bad enough. While their do not now disagree with a lot of what is determined from an economic point parents struggle to move off welfare, the gentleman from Massachusetts of view. Then when it goes down to the many of them are getting poorer and (Mr. MOAKLEY) said in terms of these schools, it takes care of those who are poorer. Meanwhile, their neighbor- programs and what they do, and I academically disadvantaged who may hoods are filthy and violence ridden. think we all need to realize that as we or may not be the exact same popu- Now, to add insult to injury, the Re- debate this legislation. lation. publican bill dismantles what little I am the one who introduced an But it includes other things. Part B, educational safety net they have left. amendment at the Committee on Rules for example, of Title I is the Even It is very shortsighted, it is dan- to reduce this from a full 50–State pro- Start Family Literacy Program. We gerous, and I would say it is even cruel. gram to a 12–State pilot program, of have a Migrant Education Program in In the long run, it will widen the which six of those 12 States would be part C. We have a Neglected and Delin- chasm between the rich and the poor in able to do Title I as well as the other quent Children in part D. We have an this country, and that is very bad for aspects of ESEA. Eisenhower Professional Development everyone. Title I is determined for economi- to help develop teachers as part of this, Mr. Speaker, this bill guts teacher cally disadvantaged students, and then too. We have education technology. We training, technology, and school safe- it helps those who are academically have safe and drug-free schools, and ty. It lumps all funds together, diluting disadvantaged. That is the program the D.A.R.E. program, I believe, comes their impact and ensuring Federal edu- that concerns me a lot. I was very wor- under that part of it. We have the Inno- cation programs get even less money ried about even doing anything with vative Education Block Grant, which a next year. respect to a pilot on that particular lot of States obviously like. We have Class Size Reduction. We have Com- b 1845 program. After some negotiation and resolu- prehensive School Reform. We have the Furthermore, Mr. Speaker, this bill tion, we made it a pilot program for 10 Emergency Immigrant Education. We eliminates any accountability in edu- States, all of which could basically have a Title III of Goals 2000, and a cation funds. In other words, States take all the parameters of the Straight Perkins Vocational Technical Train- can spend their money on anything, ac- A’s Act and be able to do that. They ing. And we have the McKinney Home- complish nothing, and no one will suf- would be selected by the Secretary of less Assistance Act. fer except poor children. Education. What we do not have here, by the I would remind my colleagues that I think it is important to understand way, is IDEA. That has been excluded the Federal investment in education what a pilot program is, because I have from what we are dealing with here. has worked because schools were held not been the greatest supporter of the Now, obviously, if one knows any- accountable. Mr. Speaker, it worked Straight A’s program from the begin- thing about the Federal role in edu- because schools were held accountable. ning; and going to even supporting a cation, these are all programs which Now is not the time to stop. pilot program has not been that easy basically help targeted parts of our Congress has just passed the Elemen- for me. But a pilot program for me, es- population who need perhaps special tary and Secondary Education Act sentially, in this reauthorization would help. The economically disadvantaged, making schools accountable to parents, be under a 5-year time limit. the immigrants, the people who are teachers, and, most importantly, stu- The various States, and there have having language problems in our coun- dents. This bill scratches all that. It been 10 or even more governors who try, for example. For the most part, says Congress changed its mind and have asked for this by the way, would those are the kinds of individuals who now does not require any proof that have to put together a plan and present are being helped by this program. schools are spending money in a way it to the Secretary of Education in a The question then arises, have we that benefit children’s education. competitive sense; and then the Sec- really helped these kids? And we have The National Coalition for Public retary of Education would make a de- not really measured that very well. We Education, the National Education As- termination as to which States would certainly had the programs in place. sociation, and the American Federa- be able to go into the pilot program People are getting paid. People have tion of Teachers oppose this bill very and there could be no more than 10 taken the floor here today and said strongly. They agree that we need to States. that Title I simply has not worked. I reduce class size and make sure that What are they going to look for in do not agree with that. I think Title I all our children, even those in high- that particular plan? The plan must has actually helped a number of kids.

VerDate 12-OCT-99 04:47 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.145 pfrm02 PsN: H21PT1 H10688 CONGRESSIONAL RECORD — HOUSE October 21, 1999 Do I think Title I can work better? The people who support this bill are derived from the laws have been cre- My colleagues better believe I think the Americans for Tax Reform, Citi- ated here in Washington with respect Title I can work better. Do I think zens for a Sound Economy, Eagle to education. these other programs could work bet- Forum, Educational Policy Institute, This is an opportunity to vote for a ter? I absolutely believe that each pro- Empower America, Family Research rule and vote for a bill that changes gram on here could work better. Council, Home School Legal Defense the laws that actually help children for So this is a deal where the Federal Association, National Taxpayers a change. Government creates a program, hands Union, and the Union of Orthodox Jew- I would like to ask the body to con- the money and the outlines of the pro- ish Congregations of America. sider a letter I just received from my gram down to the State and then down My colleagues did not notice too governor. It says, ‘‘I am writing to ask to the local school districts and the many teachers’ organizations there. you to support the Straight A’s Act. As local schools, and they have to carry it Now these are the people who are op- the Governor of the State of Colorado, out; and some place betwixt and be- posed: The National Education Asso- and as the father of three children who tween, something sometimes falls ciation, American Federation of Teach- attend three different public schools, I through the cracks and it does not ers, Council of Chief State School Of- am proud to put my full support behind work that well. fices, Council of the Great City this legislation. So a number of people got up and Schools, National Association of Ele- ‘‘By passing Straight A’s this year, they said, we need to do it differently. mentary School Principals, National you have the opportunity to further We can do it differently. Give us that Association of Secondary School Prin- public education reform. K–12 edu- opportunity to do it differently. And cipals, National Association of State cation in America is predominantly a they came and they came with this Boards of Education, National Associa- local issue, and States need the flexi- amendment. tion of State Directors of Special Edu- bility to promote real student achieve- Well, I think the Straight A’s bill to cation, National Governors Associa- ment in public education. have all 50 States do this at their op- tion, National PTA, American Jewish ‘‘This legislation would allow the di- tion personally went too far. That is Committee, American Baptist Joint verse areas, schools, and people of Col- my own view of it. And I believe that Committee, Americans United for Sep- orado to decide what they need most we needed to make some changes, and aration of Church and State, National for their schools. Common sense tells that is why I introduced the amend- Urban League, Union of American He- us that the needs of Dinosaur Elemen- ment and we worked down to the 10 brew Congregations, Service Employ- tary School in rural Dinosaur, Colo- States that we have now. ees, International Union, and United rado, with a total student body of 46, Now, in addition to that, I am also Auto Workers. will have different needs than the 766- concerned about the disadvantaged, as I think we can deduce something by member student body of Oakland Ele- well, because I do not want them to fall the people for and against this bill. mentary School in Denver, Colorado. through the cracks in this. I think Mr. Speaker, I reserve the balance of ‘‘This legislation would be an impor- these governors and these States are my time. tant step in providing for the indi- going to be able to put together pro- Ms. PRYCE of Ohio. Mr. Speaker, I vidual needs of our differing public grams that are going to help move am pleased to yield 3 minutes to my schools. I urge your support for the some of these people. And if they can, colleague, the gentleman from Colo- Straight A’s Act, which puts children God love them if they can do that. We rado (Mr. SCHAFFER). first and realizes that local commu- will have an improved education situa- Mr. SCHAFFER. Mr. Speaker, I nities know what is best for their local tion for our kids. We can all learn from thank the gentlewoman for yielding me schools.’’ that. And that is what pilot programs the time. I confess, Mr. Speaker, that I would are all about. Mr. Speaker, the previous speaker, in like to see this kind of liberty and this I am later going to have a colloquy opposing the rule and the bill, cited a kind of objective be achieved in all 50 with the chairman of the committee; great number of political organizations States. The reality being, all of the and it is going to state, In addition, the and associations that have some opin- Members of the House do not agree on amendment assures that if a State in- ion about the Straight A’s proposal. that. But the rule allows for a bill to cludes Title I, part A aid to disadvan- Several of these associations are on move forward that gives 10 States the taged students in its performance one side. Others of these political chance to use liberty and freedom of agreement, it must ensure that the groups and associations are on another the Straight A’s Act to fix their school districts continue to allocate side. The implication being is that that schools and promote quality education, funds to address the educational needs is how we should measure the merits of and it is on that basis that I ask Mem- of disadvantaged students. the legislation before us. bers to adopt the rule. I want to make sure that language is I think we ought to try something Mr. MOAKLEY. Mr. Speaker, I yield part of the Record. I wanted it to be different. I think we ought to focus on back the balance of my time. part of the bill, but for technical rea- the children who are ultimately those Ms. PRYCE of Ohio. Mr. Speaker, I sons it did not work out. I want it to be who are affected most directly by the yield myself such time as I may con- part of the Record here. legislation we consider. sume. I think if we do all these things, we This is an opportunity that we have, Mr. Speaker, in closing, let me re- are taking a chance. Maybe it is a passing the Straight A’s bill to give mind my colleagues that this rule is chance that some people do not want governors and States a real chance, a very fair. It not only amends the bill to to take, and maybe they will vote chance to snip the rules, the regula- bring it to a more moderate position, against it for that reason. But I think tions, the strings, and the red tape that but it actually accommodates all but it is a chance that is at least worth have bound up these organizations, one Member who filed amendments trying. I do not think any great harm these States, these governors, State with the Committee on Rules. will be done if it did not work for one legislators, superintendents, school There may be an argument about the reason or another. Because of all the boards, and so on and so many, many direction in which the Straight A’s bill accountability that is in there, I think years and made it virtually impossible, moves other education policy, but it will work. certainly difficult, to really help these there should be no controversy over So, for that reason, I am supportive children. the fairness of this rule. of the rule. What we have in Federal law today is No matter what my colleagues’ posi- Mr. MOAKLEY. Mr. Speaker, I yield program after program after program tion on the Straight A’s approach of myself such time as I may consume. which has developed its own constitu- moving education decisions away from Mr. Speaker, I think we can tell a lot ency, and we just heard the names of Washington and into the hands of the about the bill by who supports it and them read. Certainly some of these States and local school districts is, who opposes it. I would like to read off constituency groups have positions on today we will all have an opportunity the list I have of people who are sup- a bill like this. Some of their authority to engage in a serious debate about the porting it and opposing it. is threatened because that authority is value of Federal education programs

VerDate 12-OCT-99 04:47 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.147 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10689 and the role the Federal Government Rogan Skeen Tiahrt b 1922 should play in helping children learn. Rogers Smith (MI) Toomey Rohrabacher Smith (NJ) Upton Mr. ABERCROMBIE changed his vote This is a debate that is critical to the Ros-Lehtinen Smith (TX) Vitter from ‘‘yea’’ to ‘‘nay.’’ future of our Nation. Roukema Souder Walden So the resolution was agreed to. So I hope my colleagues will join me Ryan (WI) Spence Walsh The result of the vote was announced Wamp in supporting this rule, participating in Ryun (KS) Stearns as above recorded. Salmon Stump Watkins Watts (OK) A motion to reconsider was laid on today’s debate, and working to give our Sanford Sununu Weldon (FL) children every opportunity to meet Saxton Sweeney the table. Weller Talent The SPEAKER pro tempore (Mr. their full potential. I urge a ‘‘yes’’ vote Schaffer Whitfield on the rule and on the Straight A’s Sensenbrenner Tancredo Wicker LATOURETTE). Pursuant to House Reso- Act. Sessions Tauzin Wilson lution 338 and rule XVIII, the Chair de- Shaw Taylor (NC) Mr. Speaker, I yield back the balance Wolf clares the House in the Committee of Shays Terry Young (AK) the Whole House on the State of the of my time, and I move the previous Sherwood Thomas question on the resolution. Shimkus Thornberry Union for the consideration of the bill, The previous question was ordered. Simpson Thune H.R. 2300. The SPEAKER pro tempore (Mr. The Chair designates the gentleman NAYS—201 from Indiana (Mr. PEASE) as the Chair- SHIMKUS). The question is on the reso- lution. Abercrombie Green (TX) Pallone man of the Committee of the Whole, Ackerman Gutierrez Pascrell and requests the gentleman from Flor- The question was taken; and the Allen Hall (OH) Pastor ida (Mr. MILLER) to assume the chair Speaker pro tempore announced that Andrews Hastings (FL) Payne temporarily. the ayes appeared to have it. Baird Hill (IN) Pelosi Baldacci Hilliard Peterson (MN) b 1922 Mr. MOAKLEY. Mr. Speaker, I object Baldwin Hinchey Phelps to the vote on the ground that a Barcia Hoeffel Pickett IN THE COMMITTEE OF THE WHOLE quorum is not present and make the Barrett (WI) Holden Pomeroy Accordingly, the House resolved point of order that a quorum is not Becerra Holt Price (NC) itself into the Committee of the Whole Bentsen Hooley Rahall present. Berkley Hoyer Rangel House on the State of the Union for the The SPEAKER pro tempore. Evi- Berman Inslee Reyes consideration of the bill (H.R. 2300) to dently a quorum is not present. Berry Jackson (IL) Rivers allow a State to combine certain funds Rodriguez The Sergeant at Arms will notify ab- Bishop John to improve the academic achievement Blagojevich Johnson, E. B. Roemer sent Members. Blumenauer Jones (OH) Rothman of all its students, with Mr. MILLER of The vote was taken by electronic de- Bonior Kanjorski Roybal-Allard Florida (Chairman pro tempore) in the vice, and there were—yeas 214, nays Borski Kaptur Rush chair. Boswell Kildee Sabo 201, not voting 19, as follows: Sanchez The Clerk read the title of the bill. Boucher Kilpatrick The CHAIRMAN pro tempore. Pursu- [Roll No. 529] Boyd Kind (WI) Sanders Sandlin ant to the rule, the bill is considered as YEAS—214 Brady (PA) Kleczka Brown (FL) Klink Sawyer having been read the first time. Aderholt Ehlers Kelly Brown (OH) Kucinich Schakowsky Under the rule, the gentleman from Archer Ehrlich King (NY) Scott Capps LaFalce Wisconsin (Mr. PETRI) and the gen- Armey Emerson Kingston Capuano Lampson Serrano Bachus English Knollenberg Cardin Lantos Shadegg tleman from Missouri (Mr. CLAY) each Baker Everett Kolbe Carson Larson Sherman will control 1 hour. Ballenger Ewing Kuykendall Clay Lee Shows The Chair recognizes the gentleman Barr Fletcher LaHood Clayton Levin Sisisky Barrett (NE) Foley Largent Skelton from Wisconsin (Mr. PETRI). Clement Lewis (GA) Mr. PETRI. Mr. Chairman, I yield Bartlett Forbes Latham Clyburn Lofgren Slaughter Barton Fossella LaTourette Coburn Lowey Smith (WA) myself such time as I may consume. Bass Fowler Lazio Condit Lucas (KY) Snyder Mr. Chairman, the bill before us is a Bateman Franks (NJ) Leach Conyers Luther Spratt permissive one. It allows States and Bereuter Frelinghuysen Lewis (CA) Stabenow Costello Maloney (CT) local districts the option of estab- Biggert Gallegly Lewis (KY) Coyne Maloney (NY) Stark Bilbray Ganske Linder Cramer Markey Stenholm lishing a 5-year performance agree- Bilirakis Gekas LoBiondo Crowley Martinez Strickland ment with the Secretary of Education. Bliley Gibbons Lucas (OK) Danner Mascara Stupak In return for this performance agree- Blunt Gilchrest Manzullo Tanner Davis (FL) Matsui ment, they will get greater flexibility Boehlert Gillmor McCollum Davis (IL) McDermott Tauscher Bonilla Gilman McCrery DeFazio McGovern Taylor (MS) to use their Federal dollars as they de- Bono Goode McHugh DeGette McIntyre Thompson (CA) termine with vastly slashed paperwork. Brady (TX) Goodlatte McInnis Delahunt McKinney Thompson (MS) Straight A’s puts academic results, Bryant Goodling McIntosh Thurman DeLauro McNulty rather than rules and regulations, at Burr Goss McKeon Deutsch Meehan Tierney Burton Granger Metcalf Dicks Meek (FL) Towns the center of K to 12 programs. It Buyer Green (WI) Mica Dingell Meeks (NY) Traficant works on the same premise as charter Callahan Greenwood Miller (FL) Dixon Menendez Turner Calvert Gutknecht Miller, Gary Udall (CO) schools, freedom in return for aca- Doggett Millender- demic results. Campbell Hall (TX) Moran (KS) Doyle McDonald Udall (NM) Canady Hansen Morella Edwards Miller, George Velazquez Straight A’s grants freedom and puts Cannon Hastert Myrick Engel Minge Vento incentives in place for States to enable Castle Hastings (WA) Nethercutt Eshoo Mink Visclosky schools to innovate and to educate Chabot Hayes Ney Waters Etheridge Moakley children as effectively as possible. Chambliss Hayworth Northup Evans Mollohan Watt (NC) Chenoweth-Hage Hefley Norwood Farr Moore Waxman States lose their flexibility in 5 years if Coble Herger Nussle Filner Moran (VA) Weiner they do not meet their goals and in 3 Collins Hill (MT) Ose Ford Murtha Wexler Combest Hilleary Packard Weygand years if their student performance de- Frank (MA) Napolitano clines for 3 years in a row. On the other Cook Hobson Paul Frost Neal Wise Cooksey Hoekstra Pease Gejdenson Oberstar Woolsey hand, States and school districts are Cox Horn Peterson (PA) Gephardt Obey Wu rewarded if they significantly improve Wynn Crane Hostettler Petri Gonzalez Olver achievement and narrow achievement Cubin Houghton Pickering Gordon Ortiz Cunningham Hulshof Pitts Graham Owens gaps. Davis (VA) Hunter Pombo Now, Mr. Chairman, Straight A’s cre- Deal Hutchinson Porter NOT VOTING—19 ates a relationship with States where DeLay Hyde Portman DeMint Isakson Pryce (OH) Boehner Jackson-Lee Nadler Uncle Sam is the education investor, Diaz-Balart Istook Quinn Camp (TX) Oxley not the CEO. Since the Elementary and Dickey Jenkins Radanovich Cummings Jefferson Royce Secondary Education Act was passed Doolittle Johnson (CT) Ramstad Dooley Kennedy Scarborough back in 1965, our approach from Wash- Dreier Johnson, Sam Regula Lipinski Shuster Fattah ington to aiding schools has been a bit Duncan Jones (NC) Reynolds Hinojosa McCarthy (MO) Weldon (PA) Dunn Kasich Riley McCarthy (NY) Young (FL) heavy-handed.

VerDate 12-OCT-99 05:31 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.149 pfrm02 PsN: H21PT1 H10690 CONGRESSIONAL RECORD — HOUSE October 21, 1999 It has relied on strict regulations of on virtually anything from swimming Now, my colleague on the Committee what States and communities may do pools, band uniforms to private school on Rules a minute ago mentioned, look with their Federal dollars and what vouchers. at the groups that support and look at priorities they must set, and that has Even though this bill is designed to the groups that do not. When I was on not worked very well. Evaluations of please the governors at the expense of that committee and the gentleman dozens of ESEA programs make clear local school districts, the National from Michigan (Mr. KILDEE) was there, that the rich-poor achievement gap has Governors’ Association has sharply I asked a question to the President of not narrowed since 1965, that schools criticized this bill’s abandonment of the NEA, because I was upset at him are neither safe nor drug free, and that poor children. In an October 8 letter to because he represented the union issues much of the professional development Congress the governors wrote, and I and not the children. And I asked the money that we have spent has been quote: President of the NEA, I said, kind of an wasted. Straight A’s is voluntary. ‘‘We governors recognize the link be- attack, I said, when are you going to States do not choose this option. They tween the concentration of poverty and start supporting the children instead of will continue to receive funds under low educational achievement. the union social and liberal issues. And the current categorical program re- b 1930 his response was, when they start pay- quirements. They will be protected. ing my salary. I thought that was ter- But, Mr. Chairman, we owe it to our In schools with the highest propor- rible. children to allow States the oppor- tion of disadvantaged children, stu- Yes, I think we will find the leaders tunity, the option, of participating in dents are less likely to achieve at high- of the unions are opposed to this. But I such a program. If Congress can agree er levels. We would suggest that the think that we will find the rank and to this ambitious experiment, then 5 Federal Government continue to con- file teachers, the administrators, the years from now, when the next ESEA centrate Federal funds on these community where we put the control cycle comes around, we certainly will schools. Such support is essential, in their hands, are in favor of it. And know a great deal more about which vi- given that the Nation is truly com- by the gentleman’s very testimony just sions will best guide the Nation’s mitted to the belief that all students now in the Committee on Rules, I say schools. Until then all we are doing is can achieve at higher levels. Only with to the ranking minority member, the throwing money at a set of sometimes a change to continue the targeting of gentleman does not trust the very peo- broken programs. Title I funds would the National Gov- ple that we allow to teach our children, I would like to commend the gen- ernors Association be able to bring bi- the governors, to make the decisions, tleman from Pennsylvania (Mr. Good- partisan support to the legislation,’’ the teachers, the parents, the adminis- ling), our chairman of the Committee end of the quote, Mr. Chairman, from trators. That is where the difference on Education and the Workforce, for the National Governors Association. lies. The gentleman thinks that some- working out this bill. I think it is one Mr. Chairman, we need legislation one back here can make that decision of the most innovative and potentially that will help communities by raising better because, and not wrongfully, far-reaching bills to come out of com- academic performance through smaller that there is a population that is un- mittee in my 20 years there, and I urge class sizes, by holding schools account- derserved if the government does not all of my colleagues to support it. able for achieving high academic do that. But in my opinion, that is Mr. Chairman, I reserve the balance standards, and by helping every school grossly wasted. of my time. become safe and disciplined, and we When I look at the groups that are in Mr. CLAY. Mr. Chairman, I yield my- need to replace dilapidated and crum- support of this measure, they represent self such time as I may consume. bling schools. the children. The children’s issues, not Mr. Chairman, I rise in opposition to The Republican majority calls this the unions, not the social issues, not this bill. Republicans on the Com- bill Straight A’s, but those closer to the political issues. And therefore, it mittee on Education and the Workforce and more knowledgeable about the tells me that this bill has got to be have decided to take a giant step back- problems of our educational system see good. ward in providing for the most dis- this bill as a cheap political gimmick Let me give my colleagues what I advantaged public schools and their pu- designed to provide Republicans with feel. I have three schools coming back pils. 30-second sound bites at campaign for the Blue Ribbon award. My wife got Just 5 hours ago this body passed time. very upset with Dan Quayle, who is a H.R. 2, a bill to target Federal funds to Let us get real, Mr. Chairman. Let us good friend of mine, when he said poor, disadvantaged children. That bill address the serious issues of this Na- teachers are bad, public education is was passed with overwhelming bipar- tion’s educational deficiencies. Let us bad. My wife is one of those public edu- tisan support. defeat this bill. cation people. I think the gentleman Now, if we enact H.R. 2300 tonight, it Mr. Chairman, I reserve the balance from Missouri (Mr. CLAY) has met her. would eviscerate the enhanced tar- of my time. And she knows and I know and the con- geting and accountability provisions Mr. PETRI. Mr. Chairman, I yield 6 servatives know and the liberals know contained in that bipartisan bill. De- minutes to our distinguished colleague, that we have many, many fine, dedi- spite the majority’s claim to the con- the gentleman from California (Mr. cated teachers and administrators out trary, their high-sounding Academic CUNNINGHAM), a former member of the there, more than we have bad. But, in Achievement For All act does nothing committee. many, many cases it is just not work- to ensure that Federal funds will help Mr. CUNNINGHAM. Mr. Chairman, I ing, and we want an opportunity to children improve their scholastic abili- miss the days back on the committee show that we think we can try to do it ties. It does nothing to support prac- with the gentleman from Missouri (Mr. better. tices which are proven to raise student CLAY). I remember when Chairman A classic example. When I was chair- achievement. Ford, I remember when the gentleman man of the committee, the gentleman The bill essentially gives States bil- from Michigan (Mr. KILDEE) was my from Michigan (Mr. KILDEE) was the lions of dollars in the form of revenue chairman, and then I took over as the ranking minority member. We had two sharing without accountability for chairman, and we worked real good to- sets of eight groups come in and they local educational providers or for pro- gether. I want to tell my colleagues, as each had a fantastic program that tection to our most disadvantaged stu- much as I feel that the liberal philos- worked in their district. Now, the old dents. This bill permits States to use ophy and even further left than liberal style, the liberal style would be to take Federal funds to support private school is wrong, and it does not work. We all 16 of those programs because they vouchers and ignores Federal priorities have not always been right on our side, are represented by Members of Con- for class size reduction, for teacher and that philosophy has not always gress and they want that program in quality and for professional develop- been wrong. their district, is to fund all 16 and have ment. It creates a massive, yes a per- I do not know if, in place, this bill the Federal Government lay down rules missive, block grant where governors will be good or not. I think it will be, and a lot of paperwork. Our view is to conceivably can spend Federal dollars and I want an opportunity to prove it. say, because I asked the question after

VerDate 12-OCT-99 04:47 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.151 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10691 the hearing, how many of you have any Straight As seeks to block grant, I can- doing in education. Let me begin by one of the other 15 of these groups in not support this legislation. pointing out that one thing is settled your district? They said none. We said, One of the major purposes of Federal so that we do not have to argue about that is the whole idea. We want to give education programs has been to target it any more, it is a matter of fact, not you the money so that you can make national concerns and national prior- disputed, that since Republicans took the decision that that program works ities. This proposal would eliminate control of the Congress, Federal edu- in Wisconsin or this program works in the focus of Federal education pro- cation funding has increased by 27 per- California, we want you to have the grams that have been created to ad- cent. It is a matter of fact that this ability to do that. And that is the idea dress specific concerns that have Congress in this year for fiscal year of our block grant, and we feel that it evolved with nearly 35 years of strong 2000 again is appropriating more money is much better than mandating from bipartisan support. Instead, Federal for education than even what the Washington, D.C. education funding would be placed out President asked for. Another example of block granting. on the stump for governors to do with So, we can get set money aside. The Why? People say well, DUKE, you want as they please. Federal funds could be fact is, we are all committed to edu- to cut education because you are spent for any purpose the governor cation in America. We all understand against Goals 2000. I think Goals 2000 in could identify, resulting in no guaran- its importance, Republicans and Demo- itself is a marvelous idea, but all the teed focus on technology, teacher crats alike, and Republicans are will- paperwork and the bureaucracy is ter- training, school safety, and many other ing to commit the dollars. But what we rible. Let me give a classic example. important educational policies. This are not willing to commit, Mr. Chair- Goals 2000 we made a lot of changes, proposal would remove the targeting of man, is programs that are ineffective but in the original form, there were 13 Federal funds based on poverty, which in the lives of children. Mr. Chairman, ‘‘wills’’ in the bill, and if you are a law- now helps us ensure equitable services we have seen too much of that. We yer you know what that means, you for all students. have had too many times too many will do this. They said it is only vol- The GAO has found that Federal hearts broken for that. untary. Well, it is only voluntary if funds are seven times more targeted I can remember not too many years you want the money. than State educational funds. We ago even up until the mid-1970s, this Think about one school putting should not abandon the success of Fed- Nation was undisputed in its leadership Goals 2000 forward to a separate board, eral targeting. in the world and had been forever. The not even the Board of Education, and This revenue-sharing approach also Nation in the world that did most and then it goes to the Board of Education lacks sufficient accountability. If the best by educating its young people. and then it goes to the principal, then Federal Government is going to totally This country and the education of our it goes to the superintendent, then it cede educational accountability for children was indeed the envy of the goes to Sacramento to Governor Davis, Federal dollars to the States, States rest of the world. and he has to have a big bureaucracy should be required to eliminate the But since the mid-1970s, Mr. Chair- there to handle all of the schools’ pa- most severe injustices in their edu- man, things have not been turning out perwork coming in for Goals 2000. cational system: School financing in- so well. American parents have found Then, the letter work back and forth, equities, toleration of the use of themselves a little less content, satis- and then where do they send it? They uncertified teachers, high class sizes, fied, happy, and secure. American par- send it to the Department of Edu- overcrowded and crumbling schools. ents have been finding themselves a cation, and what do you have to have The Federal Government should not little more worried, violence in here? A big bureaucracy just to handle enter into a weak performance agree- schools, lack of discipline, there seems that, and that takes money. That is ment that will do nothing to ensure to be a lack of respect, lack of stand- why we are only getting 50 cents out of the most disadvantaged children are ards, lack of learning, lack of comfort, a dollar to the classroom. We think by achieving. sometimes perceived by parents, lack giving a block grant, letting the par- Lastly, Mr. Chairman, this proposal of decency. Things just have not been ents, the teachers, the administrators is another block grant scheme that will turning out, and by comparison with and the community make the decisions lead to the defunding of education, not the rest of the world and our perform- on what they want to do, it is better the increased investment that is need- ance scores, our Nation’s school- than paying all of that bureaucracy ed. That is not just speculation. That children have not been holding up. and wasting about 40 cents on a dollar. is history. Let us go back to 1981, the They have not been doing well. We do not disagree. My colleagues winter of discontent, when we wrote b 1945 want to better education; we want to educational policy in this country with better education. I know that my col- chapter 1, which is now called Title I What has changed is the Federal Gov- leagues mean that from the bottom of again, and chapter 2. And what did we ernment got involved. We came to their hearts. We feel that the method is do in chapter 2? Not with my vote. In Washington. We looked out over the bad. chapter 2, we took many fine programs land, we talked to the experts, we Please support us in this and join us. and dumped them into one block grant, heard the theories, we developed the Try to make a difference. and what happened? Those programs programs, and then we said we are Mr. CLAY. Mr. Chairman, I yield 5 lost their identity, then they lost their going to impose this program whether minutes to the gentleman from Michi- advocacy, and then they lost their dol- it be in Ithaca, New York, or El Paso, gan (Mr. KILDEE). lars. That is a fact. All of my Repub- Texas, exactly the same, and people are Mr. KILDEE. Mr. Chairman, I thank lican colleagues know that, those of going to have to comply. my ranking member for yielding me them who were here in 1981. The fund- The strength of this is amazing. Back this time. ing for chapter 2 plummeted in a home in America in our States, in our Very simply, the Straight A’s Act straight line down, and that is what counties, in our local school districts, now with the changes due to the rule happens when we block grant. We have in our cities, in our communities, all of would allow 10 States to block grant a history of that, let us live with that us working together as we do locally, Federal education programs, eliminate history, let us learn from that history raise and spend and manage $300 billion the Federal role and prioritization in and let us defeat this bill. worth of money to educate our children education, undermine accountability Mr. PETRI. Mr. Chairman, I yield 6 with local, voluntary school boards for increased academic achievement, minutes to the gentleman from Texas working with parents and PTAs and reduce targeting to disadvantaged dis- (Mr. ARMEY), a member of the com- teachers looking at the children, look- tricts and schools, and jeopardize the mittee, on leave, and our distinguished ing at the schools, looking at the needs existing level of future education fund- majority leader. and making decisions. We do pretty ing. Mr. ARMEY. Mr. Chairman, we are well. $20.8 billion of money comes from Since the House has spent yesterday back at education today and Mr. Chair- the Federal Government, and from the and today reauthorizing Title I and man, again, let me tell my colleagues Federal Government we get not only other programs, the very programs how proud I am of the things we are the money but we get the mandates; we

VerDate 12-OCT-99 04:47 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.153 pfrm02 PsN: H21PT1 H10692 CONGRESSIONAL RECORD — HOUSE October 21, 1999 get the requirements; we get the dic- Mr. ROEMER. Mr. Chairman, I thank In schools with the highest proportions tates; we get the paperwork; and we my leader on the Democratic side, the of disadvantaged children, students are get the frustration. gentleman from Missouri (Mr. CLAY), less likely to achieve at higher levels. It puts me in mind of Armey’s for yielding me the time. We would suggest that the Federal Axiom: When one makes a deal with Mr. Chairman, I would like to start Government continue to concentrate the Government, they are the junior off by congratulating Republicans and Federal funds on these schools. Such partner and pretty soon we have the Democrats alike for the fine product support is essential given that the Na- schools run from here. we just produced 5 hours ago, a piece of tion is truly committed to the belief Now, the idea just simply has not bipartisan legislation that passed over- that all students can achieve at higher been working out. Let us just face it. It whelmingly in the House; that tight- levels.’’ has not worked out in the lives of the ened up accountability; that improved Let us keep what we did 5 hours ago. children. We have a model that we quality; that widened public school Let us work together as Democrats and lived with for 200 years of local control, choice with some new options for par- Republicans on education and hope- local decision, local management, local ents; that targeted some funds to the fully let us defeat this bill. concern, local care, local instruction poorest and most disadvantaged and Mr. PETRI. Mr. Chairman, I yield 8 and it worked; it worked better than most at-risk children in America. And minutes to the gentleman from Michi- anyplace in the world. For about 20 we came together to do that; after 5 gan (Mr. HOEKSTRA), our colleague and years now we have had a model of Fed- days in committee and 47 amendments, a senior member of the committee. eral control from Washington, D.C. two days on the floor and an over- Mr. HOEKSTRA. Mr. Chairman, I that has just been hurting our kids whelming vote of bipartisan support of thank the gentleman from Wisconsin bad. Why in the world would we not try Republicans and Democrats working (Mr. PETRI) for yielding me this time. to get away from that which we now together to try to look out for what Mr. Chairman, let us go back and see harming the children’s chances and was best for our children. talk about what we not only did on the go back to that which we know has Well, it took Republicans 40 years to floor today but what we did in the com- worked? Why would we not take that get back into power, 5 years to do their mittee. The gentleman is right, there opportunity? Why not seize it? first ESEA, Elementary and Secondary was a bipartisan agreement to move I am proud to say that my governor, Education Act, and 5 hours to then go the bill through. It is interesting that the distinguished Governor George back and say we do not like what hap- our colleagues on the other side of the Bush from Texas, saw that in Texas. He pened there. Now we are going to come aisle passed amendments which broke saw even in Texas that the local com- up and scuttle this bipartisan piece of that bipartisan agreement, but that is munities could not be compelled to live legislation. I would encourage my col- really not the issue here about what by the mandates of the governor’s of- leagues on both sides of the aisle, let us they agreed to and what we agreed to fice in Austin, Texas; that they had to not do that. We have just worked so and what agreements they broke. Real- have the flexibility in El Paso to do hard on behalf of the poorest of the ly, this is about the kids. things differently than they did in Aus- poor children, putting together a solid So let us take a look at the dialogue tin, and in Austin they had to have the bill. that took place on the debate of the flexibility to do things differently than The gentleman from Texas (Mr. bill that we passed earlier today. Col- they did in Dallas. In Texas today, our ARMEY) said and talked about that we league after colleague after colleague children are performing at levels we spend $324 billion on education in this talked about the failed 34-year history have not seen for years. country, and I am one Democrat that of Title I, the continuing disappoint- Because why? They are people that thinks that local control should domi- ment of the Federal dollars, the $120 know them, live with them, parent nate what we do with that money, but billion that had been targeted to the them, make the decisions. out of that $324 billion that we spend, most disadvantaged and the poorest Mr. Chairman, what we are seeing that is locally controlled, our parents students in the country. We have not here, having spent the earlier part of and our teachers and administrators closed the gap. We have left those kids the day fixing failed programs under decide what to do with that money and behind. What we said today in the bill Title I, we are now saying let us give a they should, we are saying in a bipar- that we passed earlier is, yes, we can greater latitude to those governors, to tisan way, we did 5 hours ago, that $10 tinker around the edges, we can tinker those school districts, those local com- billion of that, $9.8 billion of that, with this $8 billion, but for those kids munities to simply make the decision should have some targeting to children we need to at least try something else to try it for yourselves; for a limited that are most likely to drop out of and try something more innovative period of time try it and see if it school and fall behind, and then pos- than what we have done in the past, be- works. sibly get involved in the juvenile jus- cause tinkering around the edges may If it works, we will renew the con- tice system and then possibly become not be enough to help those kids. tract. If it does not work, we can go incarcerated and then that costs us I still remember in some of the hear- back to the old way. Well, I will say if $32,000 per person to incarcerate them; ings that we have had in the Education we do not dare to take a chance in the not a good deal for the United States; at a Crossroads Project. We went to interest of the children’s education, to not a good deal for the taxpayers; not New York City. We went to those kids sacrifice some of our control, power a good deal for us as the global super- who are in those schools that are fail- and authority centered in this town, to power. ing, and I still remember the father give the parents and the teachers and We are the only global superpower coming in and saying, I have had one the neighbors and the community lead- left. We are the global superpower in kid now in school for 5 years. Five ers a chance to teach those babies the defense. Let us be the global super- years ago, there was a program and it way they used to in what I would call power in education and work across the was a 5-year program towards excel- the good old days, then more is the aisle to achieve that. lence, and the schools are as bad now shame for us and more is the pity for Now, one of the theories of doing a as they were 5 years ago and they may the children. block grant like this proposal throws even be worse; and now you are coming Let us give it a try. Let us try it. Let out there is to say that the governors in and you have another 5-year pro- us work for the kids. Let us get the would do a good job at making the de- gram for me? money out of Washington and let the cision as to how to spend it. The funny That is what we have, but not a 5- money follow the children in success thing is, the governors do not like this year program. We have a 34-year track instead of leaving the money to fund bill. They do not want to do it. Here is record, and the bill that we passed ear- the ill-advised, ill-conceived and heart- what the governors say, and I quote lier today was tinkering around the less, failed mandates of Washington, from their letter, the NGA, the Na- edges. That is not good enough for our D.C. tional Governors Administration, says, kids. That is not good enough for the Mr. CLAY. Mr. Chairman, I yield 4 quote, ‘‘The governors recognize the future of this country. It is at least minutes to the gentleman from Indiana link between the concentration of pov- time to take a look at a more innova- (Mr. ROEMER). erty and low educational achievement. tive approach. That is why we have the

VerDate 12-OCT-99 04:47 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.156 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10693 Straight A’s bill in front of us today erenced so often. Straight A’s is Mr. CLAY. Mr. Chairman, I yield 4 because we need to get the Federal aligned with the NGA education policy minutes to the gentleman from Wis- Government to catch up with what is in many instances. We urge the com- consin (Mr. KIND). going on in the States. mittee to maintain these provisions in Mr. KIND. Mr. Chairman, I thank the What is the approach that we are the bill as it continues through the leg- gentleman from Missouri (Mr. CLAY), taking? The approach that we are tak- islative process. Governors are strong- my ranking leader, for yielding me this ing is moving away from a bureau- ly supportive of the provision in the time. cratic program that has a program for legislation that permits States to de- Mr. Chairman, I rise in strong opposi- every identified need, has a set of rules termine how funds can be distributed tion to H.R. 2300. But, first, a high and regulations for every program, has to the States. school quiz. Who said: ‘‘war is peace; a series of applications, has a series of b 2000 freedom is slavery; ignorance is red tape and it takes money out of the strength?’’ Of course that was George classroom; it takes innovation and cre- NGA policy calls for Federal edu- Orwell’s Big Brother in the classic ativity away from our local school offi- cation dollars to be sent directly to the novel 1984. With the introduction of cials. State to enable the State to set prior- this legislation this evening, I think By the way, they are the only ones ities, provide greater accountability, perhaps we have slipped back into Or- that happen to know the names of the and better coordinate federally funded well’s 1984 with this classic kids in the classroom that we are try- activities with State and local edu- doublespeak. ing to help. The bureaucrats here in cation reform initiatives. No sooner do we pass a good bipar- It does say the governors do recog- Washington do not know the names of tisan Title I reauthorization bill that nize the link between the concentra- those kids that we are trying to help. targets funding to the most needy and tion of poverty and low education and What we do is we tell these local offi- most disadvantaged students across achievement. The governors recognize cials if they will reach an agreement the country, then we turn around and that. with us where we give them flexibility What this bill will do is it will pro- bring this legislation that would basi- to focus on the needs in their schools, vide the governors more opportunity to cally act as a bomb and blow up and whether it is to make them safe, provide more dollars to the most dis- eviscerate the very provisions that we whether it is to improve technology, advantaged students in their States. just passed a few short hours ago. The whether it is to lower class size, they This is the welfare reform model where key to the Title I funding has been the do what is right for their school and we are saying Washington cares more targeted funding stream to those stu- then they report back to us on per- about the disadvantaged in one’s State dents most at need, this legislation formance, because really what we are than the Governor and the State legis- would destroy that goal. interested in, I thought we were inter- lature. H.R. 2300 would turn the targeted ested in improving the performance of What did we find out? We heard the funding into a block grant, effectively the students rather than in mandates, same kind of scare tactics when we turning the Federal Government into regulations and red tape. That is why talked about welfare reform. We passed the great tax collector for States in the we are doing the straight A’s proposal, welfare reform. The States innovated, form of a Federal revenue sharing pro- to get that innovation and to match and more people are off the welfare gram. Well, no one likes to collect the needs with the programs that we rolls now than at any time in recent taxes for any particular reason. put in place. history. We can also see where this road What do the State education execu- The States and the governors and would take us. If we just merely act as tives say about it? Well, I would have legislators care about the people in an intermediary, collecting taxes just preferred to have seen the advantages their States. We ought to at least en- to turn around to give it back to the and flexibility made available under able 10 States to experiment, to move States, it becomes a very simple ques- Straight A’s to every State. The 10- this program back, and to see how we tion as to why we are doing this at all. State pilot is a fair compromise if it can help the people in those 10 States. Why do we not allow the States to col- ensures passage of the bill now. Many It is about kids. It is about making a lect their own taxes and target the States are already straining to break difference. money the way they see fit, so there the bonds of over-regulations, over-in- So we have got the State education would be no role at all for the Federal volvement, and overkill on the part of officers. We have got the NGA. We have Government? the education bureaucracy. got governors who want that kind of But that is what gets us back to 1965 Remove those barriers to innovation flexibility because they want to focus and the very reason why the Federal through passage of H.R. 2300, and I dollars on kids and on the classroom. Government passed the Elementary think you will find no problem finding They do not want to focus it on bu- and Secondary Education Act. It was 10 States willing to take advantage of reaucracy. the fact that some States and localities all that the Straight A’s Act has to That is why we are doing this amend- were not doing an effective job of tar- offer. We cannot wait any longer. This ment and why we are doing this bill. geting the neediest students across the is a letter from Lisa Graham Keegan, The emphasis here is on helping kids. country, that there became a need for State of Arizona Department of Edu- It is on moving away from process. It is the Federal Government to step in, in cation. She is the superintendent of about moving away from bureaucracy. the form of a partnership, and assist public instruction. That is why we are doing Straight A’s, with a funding stream that does target The Education Leaders Council, what so that we can focus on the kids, that these disadvantaged school districts. do they say? Passage of Straight A’s is we can make a difference, and we can The very entities that this is sup- critical if we are to build upon existing at least begin the process of reform and posed to benefit are also in opposition innovative approaches to education re- put the Federal Government in a posi- to this legislation. The National Asso- form in the States that are producing tion of supporting reform at the State ciation of State Boards of Education is success and improving student achieve- and local level rather than being a bar- in opposition to it. In fact, they stated, ment. It is time that Washington rec- rier to helping kids that need help the and I quote, On bureaucracy: ‘‘Straight ognizes that the innovation and the most. A’s will result in greater bureaucracy focus of improving our student edu- Free up the States. Free up our local and blurred lines of authority.’’ cation is taking place at the State leaders. Free up those people who know On effective use of funds, they stated: level and Washington is still trying to the names of the kids in the classroom ‘‘Federal resources must be targeted to catch up with the innovation that is and who care more about them than be effective. Federal efforts going on at the State level. That is anyone in this Chamber or anyone in supplementing State funding and why we need to provide this kind of op- the Department of Education. It is State-level initiatives have been suc- portunity to some of the States. about our kids. It is time for change, cessful in assuring equity to low-in- What do the governors have to say? and it is time for reform. come areas and socioeconomically dis- Let us go back and reference what the Mr. Chairman, I ask my colleagues to advantaged students. Distributing governors’ letter says that is being ref- strongly support this amendment. scarce federal funds on a per capita

VerDate 12-OCT-99 04:47 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.158 pfrm02 PsN: H21PT1 H10694 CONGRESSIONAL RECORD — HOUSE October 21, 1999 basis will only dilute these limited hold-harmless in the bill, no school dis- He also goes on to say, ‘‘We oppose funds to an ineffectual level.’’ trict in America will lose Title I dol- Straight A’s because it undermines the On the Federal role in education, lars. Straight A’s gives them the flexi- following essential features of Federal they stated: ‘‘The leadership role the bility to address the needs of those stu- aid to K–12 education:’’ First, ‘‘Tar- Federal Government plays in identi- dents. geting of Federal aid to elementary fying and promoting national priorities Mr. CASTLE. Mr. Chairman, so the and secondary education to national cannot be overstated. It would be a intent of Straight A’s is to require priorities and students in need of spe- mistake to abandon the national role States to improve academic achieve- cial assistance to succeed.’’ He wants in fostering specific educational im- ment and narrow achievement gaps be- that. He thinks it is important. provement activities.’’ tween students. ‘‘Governance of education by State Of course we have already heard the Mr. PETRI. Mr. Chairman, that is education authorities.’’ He does not National Governor’s Association them- why the accountability in Straight A’s want that undermined. selves have come out in opposition to is so high, to ensure that States and ‘‘Accountability for Federal aid to el- this bill. school districts target their funds as ementary and secondary education.’’ One additional reason is given that I effectively as possible to improve aca- cite from the letter that they have sub- demic achievement. And it is signed, as I said, by Gordon mitted to us: ‘‘Only with a change to Mr. CASTLE. Mr. Chairman, I appre- Ambach, the executive director, Coun- continue the targeting of Title I funds ciate the accountability provisions in cil of Chief State School Officers. This as required under current law and the the bill. I also believe that it is crucial is a three-page letter. He said a lot maintenance of the above mentioned that we clearly express our commit- more than that. provisions would the ‘National Gov- ment to needy children in the language The Council of Chief State School Of- ernor’s Association’ be able to bring bi- of the bill. If States include Title I, ficers is correct. The goal of Federal partisan support to the legislation.’’ they must ensure that school districts education programs must be to make it There is a myriad of reasons, Mr. use those funds to help children with easier for students to learn rather than Chairman, of why this is bad legisla- the greatest educational needs. making it easier for States to spend tion for the many reasons at the wrong Mr. PETRI. Mr. Chairman, I cer- Federal dollars. time. Yes, we can provide greater flexi- tainly will work to ensure that the lan- Under this bill, if a school district bility to the localities. We have taken guage of the gentleman from Delaware a step with education flexibility passed needs a bus barn, a shelter for their is included in the final bill that is sent earlier this year, a measure I was school buses, and if the State says yes, to our President. the district could use its Federal edu- happy to support. Mr. CASTLE. Mr. Chairman, I thank Let us give Ed-Flex a chance to play cation funds to build that bus barn. the gentleman from Wisconsin (Mr. out and see how well that works before If a school band needs new uniforms, PETRI). I appreciate this. These are as- we take this great leap into a block and that school has the ear of the gov- surances with which I was concerned. I grant, Federal revenue sharing pro- ernor, Federal dollars can be used to appreciate the gentleman’s affirmation gram. And let us allow the Title I tar- purchase school uniforms. That would of where we were with respect to that. geted approach to take effect with the be perfectly all right. I would also point out just listening improved provisions that we just But those are local expenditures, not passed a few short hours ago. Let us to this debate, and I am running back and forth to a banking conference at Federal expenditures. Federal funding give that a chance first and see if that is targeted for the neediest schools and will help our most disadvantaged stu- this point, that this is a pilot program that we are talking about. We are talk- the neediest children and those that dents throughout the country. are under the most duress in the school Mr. PETRI. Mr. Chairman, I yield ing about an experiment in which we are trying to determine if there is a system, not for school uniforms, not such time as he may consume to the for school bus barns. Because the pur- gentleman from Delaware (Mr. CAS- better methodology of dealing with these programs, of dealing with these pose of Federal education funds is to TLE), the chairman of the Sub- fund national education priorities like committee on Early Childhood, Youth disadvantaged students than there has been before. That has worked, as some- the ones we set for Title I earlier and Families, for purposes of a col- today. loquy. body has pointed out, in welfare re- Mr. CASTLE. Mr. Chairman, I thank form. It has worked in Ed-Flex. Hope- Educating all of our children well the gentleman from Wisconsin for fully, it can work in this as well. must be a national priority. The people yielding me this time. Mr. CLAY. Mr. Chairman, these are who I represent in Congress who live in Mr. Chairman, I would like to enter the gentlemen who wrote this bill still Sonoma and Marin Counties north of into a colloquy with the gentleman at this late date trying to convince San Francisco understand that. In fact, from Wisconsin, and I would like to themselves what is in the bill. I received a post card just today; and it start by asking him if it is true that Mr. Chairman, I yield 3 minutes to says, make sure that our children are States may include part A of Title I in the gentlewoman from California (Ms. taken care of. their performance agreement under WOOLSEY). Mr. PETRI. Mr. Chairman, I yield 5 Straight A’s? (Ms. WOOLSEY asked and was given minutes to the gentleman from Indiana Mr. Chairman, I yield to the gen- permission to revise and extend her re- (Mr. SOUDER), an active member of the tleman from Wisconsin (Mr. PETRI). marks.) Committee on Education and the Mr. PETRI. Mr. Castle, I believe I Ms. WOOLSEY. Mr. Chairman, I Workforce. would like to respond to the gentleman can speak for the gentleman from (Mr. SOUDER asked and was given from Michigan (Mr. HOEKSTRA) who Pennsylvania (Mr. GOODLING), the permission to revise and extend his re- said that the Council of Chief State chairman of the Committee on Edu- marks.) cation and the Workforce in this re- School Officers supported this bill. gard: What the gentleman from Dela- I suppose maybe he has heard from Mr. SOUDER. Mr. Chairman, I yield ware has indicated is true. States may one of the members of the organiza- to the gentleman from Michigan (Mr. include part A of Title I as well as 13 tion, but I would like to read from a HOEKSTRA). other programs. letter written by the executive direc- Mr. HOEKSTRA. Mr. Chairman, just Mr. CASTLE. Mr. Chairman, as the tor, Gordon Ambach from the Council to clarify any confusion that may have gentleman from Wisconsin knows, I be- of Chief State School Officers. existed about my remarks or at least lieve it is crucial that if States include I quote, ‘‘On behalf of the Council of as interpreted by the gentlewoman Title I, they should ensure school dis- Chief State School Officers, I write to from California (Ms. WOOLSEY), I ref- tricts use those funds to meet the edu- urge you to vote against H.R. 2300, the erenced the letter from the Education cational needs of disadvantaged stu- Academic Achievement for All Act or Leaders Council, representatives of the dents. Straight A’s Act when it comes before leading States that are leading the Mr. PETRI. Mr. Chairman, I agree. the House for consideration this country in reform. I submit the letter As the gentleman knows, there is a week.’’ for the RECORD, as follows:

VerDate 12-OCT-99 05:26 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.160 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10695 EDUCATION LEADERS COUNCIL, bility but kept the accountability judgment. And it also removes the ex- Washington, DC, October 21, 1999. measures in. cuse for failure. Only those with the Hon. WILLIAM F. GOODLING, This bill would help rectify that. ability to change can be held to ac- Chairman, House Committee on Education and That is why this bill, Straight A’s, has count.’’ the Workforce, 2107 Rayburn House Office He also said, contrary to public opin- Building, Washington, DC. been supported by, among other DEAR CHAIRMAN GOODLING: We are the groups, American Association of Chris- ion, that he always says that the Re- state school chiefs who oversee the edu- tian Schools, Citizens for a Sound publican Congress is just too conserv- cation of over 19 million (1 in 5) in the na- Economy, Education Policy Institute, ative, he also said what we did earlier tions students. You and your colleagues will Family Resource Council, Hispanic today was too liberal, because what he very shortly begin debate on the Straight Business Roundtable, Home School favored as a reform to Title I was to A’s (Academic Achievement for All Act) leg- Legal Defense Association, Inde- ‘‘give parents with children in failing islation that will help us and other states pendent Women’s Forum, Jewish Pol- schools, schools where the test scores continue to ensure academic excellence for of Title I children show no improve- all students and true accountability for re- icy Center, Professional Educators of sults for state education agencies and local Tennessee, the Union of Orthodox Jew- ment over 3 years, the resources to school districts. ish Congregations of America; by the seek more hopeful options. This would Passage of Straight A’s is critical if we are State school officers, Arizona Super- amount to a scholarship of about $1,500 to build upon existing innovative approaches intendent of Public Education, Georgia a year.’’ to education reform in the states that are State Superintendent of Schools, the He said with regard to charter producing success in improving student Michigan Superintendent of Public In- schools that we need someone bold achievement. While we would have preferred struction, the Pennsylvania Secretary enough to say, ‘‘I can do better. And all to see the flexibility with accountability our schools will aim higher if we re- provided through Straight A’s available to of Education, the Virginia Secretary of Education. ward that kind of courage and vision.’’ every state, we strongly believe that the cur- I hope my Republican colleagues and rent compromise, limiting its provisions to It is also supported by the following those on the Democratic side of the 10 pilot states, would represent a major step governors: Governor Hull of Arizona, forward if it ensures passage of the bill now. Governor Owens of Colorado, Governor aisle that are open to real school re- Many states are straining against the iner- Jeb Bush of Florida, Governor Kemp- form will support me and my col- leagues in support of the Straight A’s, tia created by bureaucratic micro-manage- thorne of Idaho, Governor Ryan of Illi- ment and thousands of pages of regulations which would give our governors real nois, Governor Engler of Michigan, attached to hundreds of separate programs flexibility. Governor Gilmore of Virginia, Gov- which may or may not be consistent with Mr. Chairman, I provide for the ernor Thompson of Wisconsin, Gov- state and local priorities. Remove this bur- RECORD the full speech given by Gov- den now by passing Straight A’s, and we are ernor Geringer of Wyoming, Governor ernor George Bush, and the list of confident you will have no problem finding Pataki of New York, Governor Keating ten states ready to take advantage of all it groups and individuals who support of Oklahoma, and Governor Guinn of Straight A’s: has to offer. Nevada. GOVERNOR GEORGE W. BUSH—A CULTURE OF There is no magic in what our states are It is also interesting, as we look for doing. The results we seek are simple: meas- ACHIEVEMENT, NEW YORK, NEW YORK, OCTO- urable academic achievement increases for what is our vision as to how we ap- BER 5, 1999 all students. The original intent of ESEA proach education, rather than just say- It is an honor to be here—and especially to and title I in particular has been thwarted, ing we are going to do more of the share this podium with Rev. Flake. Your in- not through poor intention, but by a mis- same only for a little less dollars than fluence in this city—as a voice for change guided focus on process and regulation over the way it is done in the past, I would and a witness to Christian hope—is only results. We agree that a federal role in edu- hold forth what our current leading greater since you returned full-time to the cation is appropriate in response to national candidate for President, Governor Allen AME Church. I read somewhere that concerns—and the persistent low perform- Bush, said in his education speech to you still call Houston your hometown, 30 ance of poor children in this country merits years after you moved away. As governor of such a response. But we have to move beyond New York, not the parts that the media Texas, let me return the compliment. a simple reauthorization of an act that, picked up, but the fundamentals of it. We are proud of all you have accomplished, while well intended, has produced minimal if b 2015 and honored to call you one of our own. It’s any gain for these children in thirty years. been a pleasure touring New York these past They deserve better. And let me quote from that. ‘‘Even as few days with Governor Pataki. Everywhere Sincerely, many States embrace education re- I’ve gone, New York’s old confidence is GARY HUGGINS, form, the Federal Government is mired back—thanks, in large part, to a state sen- Executive Director. in bureaucracy and mediocrity. It is an ator who challenged the status quo six years Mr. SOUDER. Mr. Chairman, I apolo- obstacle, not an ally. Education bills ago. From tax cuts to criminal justice re- gize again for my voice. I am doing the are often rituals of symbolic spending form to charters, your agenda has been an example to governors around the country. best I can. without real accountability, like It is amazing how far this city has come in I want to express some frustrations pumping gas into a flooded engine. For the 21 years since the Manhattan Institute that I had today. This bill is no longer, decades, fashionable ideas have been was founded. You have won battles once con- after our management amendment, turned into programs with little sidered hopeless. You have gone from win- quite Straight A’s anymore. It is more knowledge of their benefits for stu- ning debating points to winning majorities— like a B, A, and an F, better alter- dents or teachers. And even the obvi- and I congratulate you. natives for a few. But at least we have ous failures seldom disappear.’’ Last month in California, I talked about disadvantaged children in troubled schools. I 10 pilot programs, which is better than On the next page he said, ‘‘I don’t argued that the diminished hopes of our cur- nothing. want to tinker with the machinery of rent system are sad and serious—the soft Part of my concern is that, as we the Federal role in education. I want to bigotry of low expectations. move to conference committee with redefine that role entirely. I strongly And I set out a simple principle: Federal the Senate, then we might only wind believe in local control of schools and funds will no longer flow to failure. Schools up with one governor picks one student curriculum. I have consistently placed that do not teach and will not change must for half a day. But we need to continue my faith in States and schools and par- have some final point of accountability. A moment of truth, when their Title I funds to move this bill forward because at ents and teachers, and that faith in are divided up and given to parents, for tu- least it gives the opportunity for us to Texas has been rewarded.’’ toring or a charter school or some other give more flexibility in return for ac- He also said, ‘‘I would promote more hopeful option. In the best case, schools that countability, which was the original choices for parents in the education of failing will rise to the challenge and regain intent of our bill earlier today, which their children. In the end, it is parents, the confidence of parents. In the worst case, was to provide more flexibility to the armed with information and options, we will offer scholarships to America’s need- States in return for accountability. who turn the theory of reform into the iest children. But by the time we got done in com- reality of excellence. All reform begins In any case, the Federal Government will no longer pay schools to cheat poor children. mittee, by the time we got done on the with freedom and local control. It But this is the beginning of our challenge, floor, we continued to add more and unleashes creativity. It permits those not its end. The final object of education re- more things that reduced the flexi- closest to children to exercise their form is not just to shun mediocrity; it is to

VerDate 12-OCT-99 04:47 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.071 pfrm02 PsN: H21PT1 H10696 CONGRESSIONAL RECORD — HOUSE October 21, 1999 seek excellence. It is not just to avoid fail- No one in Texas now doubts that public of them must be to rekindle the spirit of ure; it is to encourage achievement. schools can improve. We are witnessing the learning and ambition in our common Our Nation has a moral duty to ensure promise of high standards and account- schools. And one of our great opportunities that no child is left behind. ability. We require that every child read by and urgent duties is to remake the federal And we also, at this moment, have a great the third grade, without exception or excuse. role. national opportunity—to ensure that every Every year, we test students on the aca- Even as many states embrace education re- child, in every public school, is challenged demic basics. We disclose those results by form, the federal government is mired in bu- by high standards that meet the high hopes school. We encourage the diversity and cre- reaucracy and mediocrity. of parents. To build a culture of achievement ativity of charters. We give local schools and It is an obstacle, not an ally. Education that matches the optimism and aspirations districts the freedom to chart their own path bills are often rituals of symbolic spending of our country. to excellence. without real accountability—like pumping Not long ago, this would have seemed in- I certainly don’t claim credit for all these gas into a flooded engine. For decades, fash- credible. Our education debates were cap- changes. But my state is proud of what we ionable ideas have been turned into pro- tured by a deep pessimism. have accomplished together. Last week, the grams, with little knowledge of their bene- For decades, waves of reform were quickly federal Department of Education announced fits for students and teachers. And even the revealed as passing fads, with little lasting that Texas eighth graders have some of the obvious failures seldom disappear. result. For decades, funding rose while per- best writing skills in the country. In 1994, This is a perfect example of government formance stagnated. Most parents, except in there were 67 schools in Texas rated ‘‘exem- that is big—and weak. Of government that is some urban districts, have not seen the col- plary’’ according to our tests. This year, grasping—and impotent. lapse of education. They have seen a slow there are 1,120. We are proud, but we are not Let me share an example. The Department slide of expectations and standards. Schools content. Now that we are meeting our cur- of Education recently streamlined the grant where poor spelling is called ‘‘creative.’’ rent standards, I am insisting that we ele- application process for states. The old proce- Where math is ‘‘fuzzy’’ and grammer is op- vate those standards. dure involved 487 different steps, taking an tional. Where grade inflation is the norm. Now that we are clearing the bar, we are average of 26 weeks. So, a few years ago, the Schools where spelling bees are canceled going to raise the bar—because have set our best minds of the administration got to- for being too competitive and selecting a sin- sights on excellence. gether and ‘‘reinvented’’ the grant process. gle valedictorian is considered too exclusive. At the beginning of the 1990s, so many of Now it takes a mere 216 steps, and the wait Where advancing from one grade to the next our nation’s problems, from education to is 20 weeks. is unconnected to advancing skills. Schools crime to welfare, seemed intractable—be- If this is reinventing government, it makes where, as in Alice in Wonderland, ‘‘Everyone yond our control. But something unexpected you wonder how this administration was has won, and all must have prizes.’’ happened on the way to cultural decline. ever skilled enough and efficient enough to We are left with a nagging sense of lost po- Problems that seemed inevitable proved to create the Internet. I don’t want to tinker tential. A sense of what could be, but is not. be reversible. They gave way to an opti- with the machinery of the federal role in It led the late Albert Shanker, of the mistic, governing conservatism. education. I want to redefine that role en- American Federation of Teachers, to con- Here in New York, Mayor Giuliani brought tirely. clude: ‘‘Very few American pupils are per- order and civility back to the streets—cut- I strongly believe in local control of forming anywhere near where they could be ting crime rates by 50 percent. In Wisconsin, schools and curriculum. I have consistently performing.’’ Governor Tommy Thompson proved that placed my faith in states and schools and This cuts against the grain of American welfare dependence could be reversed—reduc- parents and teachers—and that faith, in character. Most parents know that the self- ing his rolls by 91 percent. Innovative may- Texas, has been rewarded. esteem of children is not built by low stand- ors and governors followed their lead—cut- I also believe a president should define and ards, it is built by real accomplishments. ting national welfare rolls by nearly half defend the unifying ideals of our nation—in- Most parents know that good character is since 1994, and reducing the murder rate to cluding the quality of our common schools. tied to an ethic of study and hard work and the lowest point since 1967. He must lead, without controlling. He must merit—and that setbacks are as much a part Now education reform is gaining a critical set high goals—without being high-handed. of learning as awards. mass of results. The inertia of our education bureaucracy is Most Americans know that a healthy de- In the process, conservatism has become a national problem, requiring a national re- mocracy must be committed both to equal- the creed of hope. The creed of aggressive, sponse. Sometimes inaction is not re- ity and to excellence. persistent reform. The creed of social straint—it is complicity. Sometimes it takes Until a few years ago, the debates of poli- progress. the use of executive power to empower oth- tics seemed irrelevant to these concerns. But many of our problems—particularly ers. Democrats and Republicans argued mainly education, crime and welfare dependence— Effective education reform requires both about funding and procedures—about dollars are yielding to good sense and strength and pressure from above and competition from and devolution. Few talked of standards or idealism. In states and cities around the below—a demand for high standards and accountability or of excellence for all our country, we are making, not just points and measurement at the top, given momentum children. pledges, but progress. We are demonstrating and urgency by expanded options for parents But all this is beginning to change. In the genius for self-renewal at the heart of and students. So, as president, here is what state after state, we are seeing a profound the American experiment. I’ll do. First, I will fundamentally change shift of priorities. An ‘‘age of account- Of course want growth and vigor in our the relationship of the states and federal ability’’ is starting to replace an era of low economy. But there are human problems government in education. Now we have a expectations. And there is a growing convic- that persist in the shadow of affluence. And system of excessive regulation and no stand- tion and confidence that the problems of the strongest argument for conservative ards. In my administration, we will have public education are not an endless road or a ideals—for responsibility and accountability minimal regulation and high standards. hopeless maze. and the virtues of our tradition—is that they Second, I will promote more choices for The principles of this movement are simi- lead to greater justice, less suffering, more parents in the education of their children. In lar from New York to Florida, from Massa- opportunity. the end, it is parents, armed with informa- chusetts to Michigan. Raise the bar of stand- At the constitutional convention in 1787, tion and options, who turn the theory of re- ards. Benjamin Franklin argued that the strength form into the reality of excellence. Give schools the flexibility to meet them. of our nation depends ‘‘on the general opin- All reform begins with freedom and local Measure progress. Insist on results. Blow the ion of the goodness of government.’’ Our control. It unleashes creativity. It permits whistle on failure. Provide parents with op- Founders rejected cynicism, and cultivated a those closest to children to exercise their tions to increase their influence. And don’t noble love of country. That love is under- judgment. And it also removes the excuse for give up on anyone. mined by sprawling, arrogant, aimless gov- failure. Only those with the ability to There are now countless examples of public ernment. It is restored by focused and effec- change can be held to account. schools transformed by great expectations. tive and energetic government. But local control has seldom been a pri- Places like Earhart Elementary in Chicago, And that should be our goal: A limited gov- ority in Washington. In 1965, when President where students are expected to compose es- ernment, respected for doing a few things Johnson signed the very first Elementary says by the second grade. and doing them well. and Secondary Education Act, not one Where these young children participate in This is an approach with echoes in our his- school board trustee, from anywhere in the a Junior Great Books program, and sixth tory. Echoes of Lincoln and emancipation country, was invited to the ceremony. Local graders are reading ‘‘To Kill a Mockingbird.’’ and the Homestead Act and land-grant col- officials were viewed as the enemy. And that The principal explains, ‘‘All our children are leges. Echoes of Theodore Roosevelt and na- attitude has lingered too long. expected to work above grade level and learn tional parks and the Panama Canal. Echoes As president, I will begin by taking most of for the sake of learning * * * We instill a de- of Reagan and a confrontation with com- the 60 different categories of federal edu- sire to overachieve. Give us an average child munism that sought victory, not stalemate. cation grants and paring them down to five: and we’ll make him an overachiever.’’ What are the issues that challenge us, that improving achievement among disadvan- This is a public school, and not a wealthy summon us, in our time? Surely one of them taged children; promoting fluency in one. And it proves what is possible. must be excellence in education. Surely one English; training and recruiting teachers;

VerDate 12-OCT-99 04:47 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.080 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10697 encouraging character and school safety; and And parents can use those funds for tutor- Charter schools benefit the children within promoting innovation and parental choice. ing or tuition—for anything that gives their them—as well as the public school students Within these divisions, states will have max- children a fighting chance at learning. The beyond them. The evidence shows that com- imum flexibility to determine their prior- theory is simple. Public funds must be spent petition often strengthens all the schools in ities. on things that work—on helping children, a district. In Arizona, in places where char- They will only be asked to certify that not sustaining failed schools that refuse to ters have arrived—teaching phonics and ex- their funds are being used for the specific change. tending hours and involving parents—sud- purposes intended—and the Federal red tape The response to this plan has been deeply denly many traditional public schools are ends there. encouraging. Yet some politicians have gone following suit. This will spread authority to levels of gov- to low performing schools and claimed my The greatest problem facing charter ernment that people can touch. And it will plan would undermine them. schools is practical—the cost of building reduce paperwork—allowing schools to spend Think a moment about what that means. them. Unlike regular public schools, they re- less on filing forms and more on what mat- It means visiting a school and saying, in es- ceive no capital funds. And the typical char- ters: teachers’ salaries and children them- sence, ‘‘You are hopeless. Not only can’t you ter costs about $1.5 million to construct. selves. achieve, you can’t even improve.’’ That is Some are forced to start in vacant hotel In return, we will ask that every state not a defense of public education, it is a sur- rooms or strip malls. have a real accountability system—meaning render to despair. That is not liberalism, it As president, I want to fan the spark of that they test every child, every year, in is pessimism. It is accepting and excusing an charter schools into a flame. My administra- grades three through eight, on the basics of educational apartheid in our country—segre- tion will establish a Charter School Home- reading and math; broadly disclose those re- gating poor children into a work without the stead Fund, to help finance these start-up sults by school, including on the Internet; hope of change. costs. Everyone, in both parties, seems to agree and have clear consequences for success and We will provide capital to education entre- with accountability in theory. But what failure. States will pick their own tests, and preneurs—planting new schools on the fron- could accountability possibly mean if chil- the federal government will share the costs tiers of reform. This fund will support $3 bil- dren attend schools for 12 years without of administering them. lion in loan guarantees in my first two years learning to read or write? Accountability States can choose tests off-the-shelf, like in office—enough to seed $2,000 schools. Arizona; adapt tests like California; or con- without consequences is empty—the hollow shell of reform. And all our children deserve Enough to double the existing number. tract for new tests like Texas. Over time, if This will be a direct challenge to the sta- a state’s results are improving, it will be re- better. In our education reform plan, we will give tus quo in public education—in a way that warded with extra money—a total of $500 states more flexibility to use federal funds, both changes it and strengthens it. With million in awards over five years. If scores at their option, for choice programs—includ- charters, someone cares enough to say, ‘‘I’m are stagnant or dropping, the administrative ing private school choice. dissatisfied.’’ portion of their federal funding—about 5 per- In some neighborhoods, these new options Someone is both enough to say, ‘‘I can do cent—will be diverted to a fund for charter are the first sign of hope, of real change, better.’’ And all our schools will aim higher schools. that parents have seen for a generation. if we reward that kind of courage and vision. We will praise and reward success—and But not everyone wants or needs private And we will do one thing more for parents. shine a spotlight of shame on failure. school choice. Many parents in America We will expand Education Savings Accounts What I am proposing today is a fresh start want more choices, higher standards and to cover education expenses in grades K for the federal role in education. A pact of more influence within their public schools. through 12, allowing parents or grandparents principle. Freedom in exchange for achieve- This is the great promise of charter to contribute up to $5,000 dollars per year, ment. Latitude in return for results. Local schools—the path that New York is now be- per student. Those funds can be withdrawn control with one national goal: excellence ginning. And this, in great part, is a tribute tax-free for tuition payments, or books, or for every child. to the Manhattan Institute. tutoring or transportation—whatever stu- I am opposed to national tests, written by If charters are properly done—free to hire dents need most. the federal government. their own teachers, adopt their own cur- Often this nation sets out to reform edu- If Washington can control the content of riculum, set their own operating rules and cation for all the wrong reasons—or at least tests, it can dictate the content of state cur- high standards—they will change the face of for incomplete ones. Because the Soviets ricula—a role our central government should American education. Public schools—with- launch Sputnik. Or because children in not play. out bureaucracy. Public schools—controlled Singapore have high test scores. Or because But measurement at the state level is es- by parents. Public schools—held to the high- our new economy demands computer opera- sential. Without testing, reform is a journey est goals. Public schools—as we imagined tors. without a compass. Without testing, teach- they could be. But when parents hope for their children, ers and administrators cannot adjust their For parents, they are schools on a human they hope with nobler goals. Yes, we want methods to meet high goals. Without test- scale, where their voice is heard and heeded. them to have the basic skills of life. But life ing, standards are little more than scraps of For students, they are more like a family is more than a race for riches. paper. than a factory—a place where it is harder to A good education leads to intellectual self- Without testing, true competition is im- get lost. For teachers, who often help found confidence, and ambition and a quickened possible. Without testing, parents are left in charter schools, they are a chance to teach imagination. It helps us, not just to live, but the dark. as they’ve always wanted. Says one charter to live well. In fact, the greatest benefit of testing— school in Boston: ‘‘We don’t have to wait to And this private good has public con- with the power to transform a school or a make changes. We don’t have to wait for the sequences. In his first address to Congress, system—is the information it gives to par- district to decide that what we are doing is President Washington called education ‘‘the ents. They will know—not just by rumor or within the rules . . . surest basis of public happiness.’’ America’s reputation, but by hard numbers—which So we can really put the interests of the founders believed that self-government re- schools are succeeding and which are not. kids first.’’ quires a certain kind of citizen. Given that information, more parents will This morning I visited the new Sisulu Chil- Schooled to think clearly and critically, be pulled into activisim—becoming partici- dren’s Academy in Harlem—New York’s first and to know America’s civic ideals. Freed, pants, not spectators, in the education of charter school. In an area where only a quar- by learning, to rise, by merit. Education is their children. Armed with that information, ter of children can read at or above grade the way a democratic culture reproduces parents will have the leverage to force re- level, Sisulu Academy offers a core cur- itself through time. form. riculum of reading, math, science, and his- This is the reason a conservative should be Information is essential. But reform also tory. There will be an extended school day, passionate about education reform—the rea- requires options. Monopolies seldom change and the kids will also learn computer skills, son a conservative should fight strongly and on their own—no matter how good the inten- art, music and dance. And there is a waiting care deeply. Our common schools carry a tions of those who lead them. Competition is list of 100 children. required to jolt a bureaucracy out of its leth- This is a new approach—even a new defini- great burden for the common good. And they argy. tion of public education. These schools are must be more than schools of last resort. So my second goal for the federal role of public because they are publicly funded and Every child must have a quality edu- education is to increase the options and in- publicly accountable for results. The vision cation—not just in islands of excellence. Be- fluence of parents. of parents and teachers and principals deter- cause, we are a single Nation with a shared The reform of Title I I’ve proposed would mines the rest. Money follows the child. The future. Because as Lincoln said, we are begin this process. We will give parents with units of delivery get smaller and more per- ‘‘brothers of a common country.’’ children in failing schools—schools where sonal. Some charters go back to basics— Thank you. the test scores of Title 1 children show no some attract the gifted—some emphasize the improvement over three years—the resources arts. GROUPS WHO SUPPORT STRAIGHT A’S to seek more hopeful options. This will It is a reform movement that welcomes di- 60 Plus; ALEC; American Association of amount to a scholarship of about $1,500 a versity, but demands excellence. And this is Christian Schools; Americans for Tax Re- year. the essence of real reform. form; Association of American Educators

VerDate 12-OCT-99 05:44 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.082 pfrm02 PsN: H21PT1 H10698 CONGRESSIONAL RECORD — HOUSE October 21, 1999 (branch offices in LA, OK, KS, KY, PA, IO, children, it fails our schools, and it is in the best interests of their chil- TN); Citizens for a Sound Economy; Eagle fails the taxpayers in this country. dren. And for those few governors, they Forum; Education Policy Institute; Em- Mr. Chairman, as a member of the do indeed rely upon this Congress to power America; Family Research Council; New Democratic Coalition, I have make decisions for them. Hispanic Business Roundtable; Home School Legal Defense Association; Independent strongly supported flexibility in Fed- But for the vast majority of gov- Women’s Forum; Jewish Policy Center; Na- eral education programs as long as we ernors, their ideas are very different. tional Taxpayers Union; Professional Edu- have accountability. And as a long- They ran for office on the notion that cators of Tennessee; Republican Jewish Coa- time education reformer, I strongly they could improve schools. In fact, lition; State Senators of Texas; Texas Edu- support innovation that will improve when we look around America today, cation Agency; Toward Tradition; Tradi- education for all of our children. How- the greatest accomplishments in tional Values Coalition; and Union of Ortho- ever, this bill fails to meet those stand- school reform do not come from people dox Jewish Congregations of America. ards in several ways. here in Washington, I hate to say, they CHIEF STATE SCHOOL OFFICERS WHO SUPPORT But let me insert here that my State are coming from the 50 individual gov- STRAIGHT A’S of North Carolina has been an edu- ernors who are closer to the people, Arizona Superintendent of Public Edu- cation reform leader for a number of more responsive to those who elect cation—Lisa Graham Keegan; Commissioner years, and we have done it within the them, and in a far more capable posi- of Education in CO—William Moloney; Geor- system that we have because we hold gia State Superintendent of Schools—Linda tion to design education programs that Schrenko; Michigan Superintendent of Pub- people accountable. And if we do not meet the needs of the children they un- lic Instruction—Arthur Ellis; Pennsylvania hold them accountable, it will not derstand and know best. Secretary of Education—Eugene Hickok; and work. Block grants will not work, I met with a bunch of schoolchildren Virginia Secretary of Education—Wil Bry- dropping them in governors’ laps who this morning who were here visiting, ant. are there for short periods of time and and I asked some of those students, I GOVERNORS WHO SUPPORT STRAIGHT A’S then are gone. said, let us pretend that you are the Arizona—Jane Hull; Colorado—Bill Owens; The Straight F’s bill fails our schools principal of your school. What would Florida—Jeb Bush; Idaho—Dirk Kempthorne; by undermining our national commit- you spend the Federal money that Illinois—George Ryan; Michigan—John ment to education. The Straight F’s comes back to your school on. One lit- Engler; Virginia—Jim Gilmore; Wisconsin— bill fails our children by eliminating tle girl said computers, another little Tommy Thompson; Wyoming—Jim Geringer; the targeting of funds to the highest girl said, well, she would buy more fur- New York—Pataki; Oklahoma—Keating; and poverty areas in this country, children niture for her classroom, desks and Nevada—Guinn. who have the greatest need to get help. chairs and so on. Another said we Mr. CLAY. Mr. Chairman, I yield 41⁄2 And the Straight F’s bill fails our tax- should buy more books. Another said, minutes to the gentleman from North payers by doing away with account- well, we need more space. Carolina (Mr. ETHERIDGE). ability standards, by taking funding And I use that example to show that Mr. ETHERIDGE. Mr. Chairman, I that this Congress has appropriated for even in a roomful of children, who are thank the ranking member for yielding specific education purposes and turned in classrooms every day, their ideas, as me this time, and I rise today to ex- it into a blank check for our States’ third graders, about what is important, press my strong opposition to H.R. governors. And even the governors un- varies dramatically. The same is true 2300. derstand that and have said that they for all 50 States. It makes no sense, I was a State superintendent of my do not want that. therefore, for people here in Wash- State school for 8 years. I do not know North Carolina’s governor, Jim Hunt, ington to assume that we magically what the Education Leaders Council is. has been a strong voice for education have the answer for all 50 States in the I never came in contact with that in in our State and this country. But gov- Union, that what is good for New York my 8 years. I do know what the Chief ernors’ terms do not last very long. It City is good for Fort Collins, Colorado. State School Officers group is. That is is either 4 or 8 years. Children are I am here to tell my colleagues that all 50 Chief State School Officers, and there for 12 to 13 years, and we need New York City may be a great place, they are opposed to it. I do know what people who are committed and policies but we do not want their schools. There the 50 governors are, because I worked in place to make sure they get an edu- may be good examples that we can bor- with them. I also worked with the Edu- cation. row; there may be great things New cation Commission of the States; that Mr. Chairman, I call on this Congress York could find out in our part of the includes the governors, the States and to reject House bill 2300. We should re- country. But to assume a child in At- the legislators. verse course and support school con- lanta is the same as a child in Detroit Let me remind my colleagues that struction, teacher training, technology is the same as a child in Denver is the this is not about a Republican agenda upgrades, after-school care, year-round same as a child in Seattle is the kind of or a Democratic agenda. But appar- schools, school resource officers, char- thinking that we are trying to move ently the last names I heard read off acter education, and class size reduc- out of this city, frankly. were all off Republican lists. That is tion initiatives that will improve edu- At that meeting with those children not what this is about, my fellow col- cation for all of our children. we handed out little constitutions, and leagues. It is about all the children in Earlier today we passed a good edu- one of the amendments in the Con- America, all 53 million of them going cation bill. We did it in the way it stitution I would like to remind Mem- to public schools from all 50 States. should be done; we did it on a bipar- bers of is amendment 10. Let me just We need to remind ourselves that tisan basis. And tonight we are trying read it; it is real quick. ‘‘The powers good policy is good politics. It is not to undo every bit of that with a par- not delegated to the United States by the reverse. And tonight I am hearing tisan bill, and I suggest we ought to de- the Constitution nor prohibited by it a lot of politics trying to be turned feat it and defeat it now. to the States are reserved to the States into policy. And it bothers me greatly. Mr. PETRI. Mr. Chairman, I yield 51⁄2 respectively or to the people.’’ I came to this Congress to help make minutes to the gentleman from Colo- It is the spirit of the 10th amendment education a national priority, not to rado (Mr. SCHAFFER), an active member that drives this legislation for us make it a political issue, as it was be- of our committee. today. Because I think our founders fore I came. And I am sorry to say it Mr. SCHAFFER. Mr. Chairman, I were right. I think they are right even does not look like it is improving. thank the gentleman for yielding me to this day; that States should be The Republican leadership has la- this time. trusted, specifically when we are talk- beled this bill the Straight A’s bill. But In response to the gentleman from ing about the issues that are not even as someone who knows something North Carolina, I would merely point mentioned in the Constitution, like about good education policy, and I out that I agree with him; that there education, to deliver the services that think I know a little bit, I can tell my are a handful of governors around this are closest to the people and closest to colleagues that this bill should be country who lack the confidence in the States. called the Straight F’s bill. The their administrations and in their edu- In fact, I would defy any of the Mem- Straight F’s bill because it fails our cation systems to design a system that bers here to take this constitution and

VerDate 12-OCT-99 04:47 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.084 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10699 find in it where the Federal Govern- take some time to just discuss the funding formulas that put disadvan- ment has specifically been given the issue that I am going to raise in my taged families in rural America and in authority to manage my child’s school amendment. urban America at a disadvantage. back in Fort Collins, Colorado. It is not The thrust of the bill, which I think We have 216 rural districts in Penn- here. I will leave a copy here. I invite sincerely is offered by my colleagues, sylvania that have filed suit 13 years anybody tonight to come and point many of whom I serve with on the ago challenging the school finance sys- that out for us. And I would venture to Committee on Education and the tem. There are children who started in say that by the end of the evening this Workforce, is that what we need to do kindergarten in those school districts Constitution will still be sitting there. is give States more flexibility, give that have now graduated from high I served 9 years in the State Senate them some money, and let them figure school in those districts, and the su- back in Colorado; served on the edu- how to disburse it because they know preme court in our State has yet to cation committee. And let me tell my best how to educate their children. I find it appropriate to rule on it, as has colleagues how frustrating it is, be- think that theory needs to be analyzed. been the case in some other States. cause we agonized and worked every We need to look at what States are I would suggest to my colleagues day to try to help the children in our doing with the money they now con- that before we give States flexibility schools, to try to get dollars to their trol, and have total control of, and we demand some accountability. My classrooms, to try to treat the teachers what their doing in response to the amendment will offer them that oppor- like real professionals, and the super- needs of disadvantaged children. tunity. intendents and principals like profes- What is going on in 49 out of our 50 Think about the Congress. We all get sional managers, because we knew that States in this country is that there is paid the same amount of money. Think if we could empower those profes- a wide disparity between what is being about the NFL. They have a strict set sionals, we could do more to help chil- spent in one school district in our of guidelines in terms of salary caps, dren. And it was so frustrating at the States and in other school districts in the spread of the field, the number of end of the day to realize that our hands our States. In fact, hundreds and hun- people on each team, and then they can were tied by the rules of Washington, dreds and hundreds of school districts go compete. We have poor people who we are asking them to compete with- D.C. have filed suit in either State or Fed- out giving them the resources to com- In fact, I have heard my colleagues eral Court challenging these school fi- pete. stand up and praise the work we did nance systems. And more than the ma- I think that it is a time now for the earlier today. Earlier today, we passed jority of States, some 37 States are in Federal Government to step in and say, this set of laws; 495 pages of new laws various stages of litigation. We have look, they can have the Federal dol- passed today. And that is what my col- seen the State court of Michigan and lars, but the first thing they need to do leagues on the opposite sides of the Ohio and a number of other States, is equalize their per-pupil expenditure, aisle are celebrating. Here is what we New Jersey, rule the school finance and if they are telling us that money are proposing now. We are proposing 23 systems unconstitutional because they does not matter, then equalize their pages of new laws. Very different kind take disadvantaged students and they achievement; and if they can equalize of laws, laws that represent academic give them sometimes as much a third their achievement, then they do not liberty, managerial freedom for States, less, or a third, of what they give other have to equalize their expenditure. But for superintendents, for principals. school districts. they cannot have it both ways. If Which should we pick? Is this one my b 2030 money matters, then give every kid a colleagues’ idea of quality education in That is that we have disparities that fair opportunity. America, or is this? I know what prin- Mr. PETRI. Mr. Chairman, I yield 4 range from $8,000 per pupil in some of cipals back home in my State will say. minutes to the gentleman from Colo- our States to many of them $1,000 or They want less rules, fewer regula- rado (Mr. TANCREDO) a hard-working, $2,000 or $3,000 per pupil per year. When tions, more freedom, and more liberty. active member of the committee. They are willing to take the account- we add that up in the aggregate by Mr. TANCREDO. Mr. Chairman, I ability that goes along with it, and the classroom, let me give my colleagues a thank the gentleman for yielding me only regret I have is that only 10 sense of what those numbers mean. the time. States will have the opportunity. In Philadelphia, the City is spending Mr. Chairman, a late comedian, a Let me just point out that the gov- $70,000 less per classroom than in the gentleman by the name of Flip Wilson, ernor of Pennsylvania wrote to the average suburban school district sur- used to use a line I recall. He used to Congress in favor of Straight A’s, as rounding the City. The 45 suburban say all the time ‘‘the devil made me do well as the Education Leaders Council, school districts are spending on aver- it’’ as the tag line. Do my colleagues a large group of school executives, has age $70,000 more per classroom. Over recall that? I think they do. I can hear written in favor of Straight A’s. These the K–12 experience of a kid’s edu- the laughter. are the leaders who represent 25 per- cational life, we are talking about up- Well, for the past 30 years or more cent of the students around America. wards of an $800,000 differential being public schools in the United States, Finally, let me finish with this. This spent in one classroom versus the when challenged about what their is an optional program. Ten States are other. problems were, when challenged to ex- going to have an opportunity to choose Some may have seen the story in the plain why they were not being able to to be exempt from these rules and reg- Washington Post looking at high produce the results that we asked them ulations under Straight A’s. What in schools in Illinois 30 minutes apart de- for, have essentially used the same line the world is this Congress afraid of? scribing those two schools in terms of ‘‘the devil made me do it.’’ But, in fact, With all due respect, I trust governors their circumstances, one with no chem- in this case the devil was the Federal to manage the education of my chil- istry equipment in the lab, no financial Government. dren. I do not trust people in Wash- connection to the Internet, very little We heard it all the time from them, ington. by way of library books; the other with every time we turned around. I cannot Mr. CLAY. Mr. Chairman, I yield 5 three gymnasiums, 12 tennis courts, accomplish this. We cannot do this. minutes to the gentleman from Penn- functional computers in every class- Why not? Because of the Federal rules, sylvania (Mr. FATTAH). room. And on and on and on the story the Federal regulations they impose Mr. FATTAH. Mr. Chairman, let me went. upon us that block our ability to actu- thank my ranking member for yielding Well, that was about Illinois. But my ally accomplish the ultimate goal. me this time. colleagues know and I know that we We have all heard it. Certainly, when Later on, we will have a chance to can find schools that meet those de- I taught in public schools for 8 years it vote on the only Democratic amend- scriptions in any State in our country. was the common statement being made ment to this bill. It will not make this In States who control more than 90 in the faculty lounges in the districts bill one that is supportable in many re- percent of the money, as many of my in which I taught. It is prevalent in spects, because there are still major colleagues on the Republican side keep every school district in America, the issues that divide us. But I want to reminding us, they every day have Federal Government made me do it.

VerDate 12-OCT-99 04:47 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.167 pfrm02 PsN: H21PT1 H10700 CONGRESSIONAL RECORD — HOUSE October 21, 1999 Well, sometimes that claim was ac- Mr. SCOTT. Mr. Chairman, I thank Mr. CLAY. Mr. Chairman, I yield 5 curate. Sometimes it was not. It cer- the gentleman from Missouri (Mr. minutes to the gentleman from New tainly could be backed up with a great CLAY) for yielding me the time. Jersey (Mr. ANDREWS). deal of empirical evidence. Mr. Chairman, we just finished reau- (Mr. ANDREWS asked and was given My colleague the gentleman from thorizing Title I. We also, by two votes, permission to revise and extend his re- Colorado (Mr. SCHAFFER) used the con- rejected private school vouchers. marks.) densed version, but this is about half of Now we consider this bill, which will Mr. ANDREWS. Mr. Chairman, I the ESEA, the Elementary Secondary essentially waive all of the valuable thank my friend the gentleman from Education Act, and this is what they provisions in Title I and send for the Missouri (Mr. CLAY) for yielding me were referring to. These are the rules first time targeted money for low-in- the time. and regulations that will be over a come public schools, students of public Mr. Chairman, I rise in opposition to thousand pages, by the way, when we schools to private schools, as vouchers. this legislation. get down with ESEA. This is only half This kind of bill requires us to focus A few minutes ago, the very articu- of what we passed so far. It started out on what the Federal role of education late gentleman from Colorado (Mr. in 1965 at about 32 pages. It has grown really ought to be. That Federal role is SCHAFFER) challenged us rhetorically in the 34 years since then to over a to do what the States will not do. to cite the basis in the Constitution for thousand. For example, the historic role of the the Federal education laws which are Many, many claims are made on this Federal Government came in 1954 when block granted and, I believe, function- floor, many of them that are incredibly many States were segregating student ally repealed by this bill. audacious sometimes. We all know it. by race, separate and inherently un- I would suggest to my colleagues But the one thing I have yet to hear in equal schools existed, and the Federal that there is indeed an important con- the debate on education is a claim by Supreme Court intervened. That is why stitutional basis for these Federal edu- anyone on our side or their side that they intervened. cation laws. It is the relevant part of over the last 30 years education in this We also found years ago the disabled the 14th Amendment that says that no country has improved. No one dares students were not getting an edu- State shall deny any person life, lib- say that because they and I both know, cation, millions of students no edu- erty, or property without equal protec- everyone knows, that that is not accu- cation at all. That is why we passed In- tion of the law. rate, that, in fact, educational attain- dividuals With Disabilities Education The theory of giving local decision- ment levels have plummeted in the last Act. And now, because of Federal inter- makers more flexibility to do the right 35 years to a point where we now have vention, disabled students enjoy an op- thing is alluringly attractive. We all literacy rates in the United States portunity to get an education. know and trust and admire certain lower than some Third World nations. We also found years ago that poor local decision-makers in our districts, students were not being properly fund- and we know that they are capable of We have incredible problems in our ed. We found that there was an egre- making excellent judgments, as they schools. This is something that we can gious gap in funding between rich and do every day. But that alluring theory all agree on. There was something else poor neighborhoods. Low-income citi- runs head-long into the harsh reality of that we could all agree on it seemed zens routinely failed to get reasonable history in this country, and the history like when we were actually debating funding. That is why we passed Title I, of this country is this: Title I in our committee, and that was to target funds to poor students be- The children living in poor neighbor- that Title I had been essentially a fail- cause States and localities just will not hoods have historically had much ure. do it. lower levels of educational oppor- Certainly we have heard that from The Title I bill we just passed had tunity. They have gone to school in fa- people from all over the United States. enough loopholes in it. For example, cilities that are very often segregated We even heard it from members of the school districts for the first time can by race, that are very often inferior in committee, from their side of the com- spend all of their money on transpor- their physical plan, that have larger mittee, the gentleman from California tation. We failed to put a limit on the class size, very often that have less (Mr. MILLER) for one. I know what is money they could spend on transpor- qualified teachers, less access to tech- currently law, and that law is not tation. And because we liberalized the nology, and fewer of the positive at- working. This was a Member of their school-wide programs where a majority tributes that successful schools have. side. of the students do not even have to be Thirty-five years ago this Congress So when we come to them with a pro- poor, we have a situation that targeted made a judgment to do something posal to change that situation, when money, money targeted to low-income about that, to bring more equal protec- we say we know that education in students’ education can now be spent tion to those children who did not have America is not doing well, we know on transportation, which does not help and do not have a lot of clout in the that attainment levels are plum- their education, and a majority of the State legislatures, who do not have and meting, and we know that our program people benefitting do not even have to did not have the ability to make im- to fix it is not working and has not be poor. mense campaign contributions to peo- worked for 35 years, here is a way to This bill makes matters even worse. ple running for governor or the State change that, everybody gets very self- It allows States to waive the little tar- legislature, and we made a judgment conscious about it. geting that we had in Title I and allows that says that we would put a modest But, after all, what are we trying to money to be sent to private schools for amount of money into reading teach- replace it with? What do we, in fact, the first time. That is wrong. ers, for tutors, for facilities in the Title know that does work? When we look Mr. Chairman, if we really trusted I, Part A program. out there across the land, what can we States and localities to properly fund We made a judgment that some of point to with any degree of semblance education for low-income students, we those children should have the chance of any degree of success? It is, in fact, would not need Title I in the first to get an even start by going to school diversity. It is, in fact, the charter place. But we do need Title I. And, before kindergarten. And we looked at school movement. It is where we allow therefore, we do not need this bill, and children that were the sons and daugh- children in public schools to select I urge my colleagues to defeat it. ters of migrant workers and under- from a variety of public schools. Mr. PETRI. Mr. Chairman, how much stood that when they went to one These things are working. Student time has each side remaining? school in September and another one in achievement levels are increasing in The CHAIRMAN. The gentleman October and another one in December those areas. It is because of diversity, from Wisconsin (Mr. PETRI) has 201⁄2 and another one in February that they exactly what this bill intends to give minutes remaining. The gentleman have a special educational problem. States. from Missouri (Mr. CLAY) has 271⁄2 min- Later on we made a judgment that Mr. CLAY. Mr. Chairman, I yield 3 utes remaining. putting police officers and teachers in minutes to the gentleman from Vir- Mr. PETRI. Mr. Chairman, I reserve front of third- and fourth- and fifth- ginia (Mr. SCOTT). the balance of my time. grade classrooms in the safe and drug-

VerDate 12-OCT-99 04:47 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.170 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10701 free school program made sense. This is to a standard of accountability. Once they left out of here was IDEA which not an imposition of Federal will upon this 5-year agreement is in place with at least they realized in that instance local decision-makers. This is the prop- the Department of Education, and as I that that is a special population that er establishment of a national policy would reiterate to those that are lis- needed to be targeted, needed to be fo- that says that all children have the tening to this debate, that this is a cused. But that is the point of this equal protection of the law that the pilot program that will be in 10 States super-block grant that they are put- 14th Amendment guarantees them. only. Once this is in place, each local ting together, is that it does not focus on those special populations. b 2045 and State school district participating would be held to a strict standard, re- Let me make it very simple for my Frankly, it is an effort that falls far quirement for improving student colleagues. Let us say we are talking short of what we really ought to do. achievement. In this agreement it about Title I and we are talking about Because we really ought to have a via- states that they would have to put in appropriating money on the basis of ble school construction program that place a system that evaluates student the poverty population of a school. Ini- takes children out of trailers and hall- performance, that gives us concrete re- tially we said that a school receiving ways and puts them in a good facility. sults that we can measure by. funds had to be 75 percent, then we re- We should enact the President’s initia- One of the more important aspects of duced it, we just had an argument over tive to put 100,000 qualified teachers in this bill is that once the State and 40 or 50 percent, that then if there was classrooms in every community in local districts have the flexibility to that amount of poverty population in America. We should, as many Repub- use the Federal funds as they see fit, the school, they could use the money lican Members of this House have said, improvements will be made. Whether then schoolwide. have met our obligation and fully fund that problem is raising academic Let me explain how this works and it the IDEA. What we did today with over achievement or improving teacher would work to the same degree on the idea of block-granting all of these pro- 300 votes was reaffirm our historical quality or reducing class size or put- grams. If you have, to make it real commitment to assuring equal protec- ting technology in the classroom, this simple, 100 students in a school, and tion under the law for all of our chil- legislation frees up the State and local you gave that school $100 and four of dren. authorities to use the Federal funds to that population, of that 100 population What this proposal does is to aban- improve their school systems just as were the qualified disadvantaged that don that commitment. That commit- they know best. you needed to target, well, if you gave ment is not a Democratic or Repub- As my colleague from Michigan said, them all the money, each one of them lican commitment. It is not liberal or we would be better served if we let would get $25. But, now, if you gave it conservative. It is not regional. It is those people who know our students by to the whole school, each one of the part of the essential sense of who we name make the decisions, have the school would get $1. How do you justify are and what we are as a people. Let us flexibility, yet hold them to a strict spreading the money that thin and not abandon our historical commit- standard of accountability in spending really think that it is going to do any ment to the children of this country. these additional funds. I say, let us good for those four students that really Let us reject this legislation. Let us re- give this experiment a chance to work, affirm what over 300 of us did earlier needed it? let us compare the results that we get, That is the problem with this whole today and stand by our commitment and I think in the end when you award for equal protection under the law. proposition that they are coming forth that right of educating the students, with, is that they ignore the fact that Mr. PETRI. Mr. Chairman, I yield 3 that you will see an improvement minutes to the gentleman from Ten- the only reason the Federal Govern- under the Straight A’s Act. ment is involved in these programs at nessee (Mr. BRYANT). I simply urge my colleagues to sup- Mr. BRYANT. Mr. Chairman, I thank all is because there were court cases port the bill. that proved that local education agen- the gentleman from Wisconsin for Mr. CLAY. Mr. Chairman, I yield 4 yielding me this time. It is good to sit cies were not addressing these issues minutes to the gentleman from Cali- on a local basis. So in that regard, no, here on the floor and hear this debate fornia (Mr. MARTINEZ). the locals did not know best. They did and hear it affirmed on this floor that Mr. MARTINEZ. Mr. Chairman, I not know best. And it is not that Wash- we all, Republican and Democrat alike, want to thank the ranking member for ington knew best but Washington knew agree that we want to see our children allowing me this time to speak. that there was something that they educated in a better fashion across this As I said earlier today, I knew the had to do to force the local education country, that we all agree that this love fest was going to be over as soon agency to accept their responsibility of Congress can have a role in that, but as this bill hit the floor and the honey- educating migrant children, of edu- yet we disagree at some point, I think, moon would be over and we would be cating children with disabilities, of on some parts of how we get to the so- into the same unbipartisan cooperation educating children that came from a lution here to this problem. that we usually are in. disadvantaged backround. If I sit here correctly and understand The gentleman who just spoke said When I entered kindergarten, there the underlying premise of the opposi- that our preconceived notion was that were none of these programs. As a re- tion to this bill, it is based on the pre- Washington knows best. I do not know sult, over 50 percent of the kids that sumption that Washington knows bet- who he is speaking for because I do not entered kindergarten with me never ter than the parents and the teachers think he is speaking for anybody on graduated high school when I did. They and the administrators and the city of- our side. No one on our side has ever had dropped out. The result of this ficials and the State officials around said that Washington knows best. That block grant is going to be the same this country. I believe that argument is their theme, not ours. The fact is thing that happened before, is the ig- is wrong, because I think that this bill that they miss the point. When you noring of those special populations. is best served under these cir- eliminate the programs that they The fact is that you can stack all the cumstances by providing the grants eliminate and if you look at the pro- pieces of paper that you want to and that have been talked about. grams they eliminate, some of them talk about all the regulations that The Straight A’s bill is a measure are programs that that side of the aisle exist here from Washington for the use that does give to these States and the has never liked to begin with. Even of these moneys. I call it account- local education officials an oppor- though I believe that very seriously ability and it is taxpayers’ dollars and tunity to take more control over their they think they are doing the best for we should make them accountable for own system. This bill is about flexi- a majority of the population, they do it. But the fact is that if you look at bility and accountability which I be- not understand that much of this Fed- the State regulations, they are 10 lieve are two very important principles eral money was targeted to special pop- times, 20 times the amount of regula- in the education of our young children. ulations that were ignored by the local tions that the Federal Government It provides the flexibility to our stu- education agency. They were not popu- puts out. dents and our teachers and our admin- lations that were being taken care of. Mr. GOODLING. Mr. Chairman, I istrators to learn but yet it holds them The only one that I am grateful that yield 4 minutes to the gentleman from

VerDate 12-OCT-99 04:47 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.172 pfrm02 PsN: H21PT1 H10702 CONGRESSIONAL RECORD — HOUSE October 21, 1999

Georgia (Mr. ISAKSON), a member of the and I do not agree with them, either. Straight A’s is the beginning of a committee. And then there is a third group, which final solution to what the Republicans Mr. ISAKSON. Mr. Chairman, I rise is really all of us, that care about kids perceive to be the Federal nuisance in today not as a partisan Republican or and do not want to tear anything down. education. I do not know why that irra- Democrat but as one that is very par- And so at the risk of going past my tional perception persists, that the tisan to our children and their edu- time, I want to close with a poem and Federal Government is the problem. cation. I rise to take issue, not to challenge both sides to decide which How can the Federal Government be make an argument, to make a point, they want to be: the problem when the Federal Govern- on two comments that have been made, I saw a bunch of men tearing a building ment only provides 7 percent of the one by the majority and one by the mi- down. funds? If it only provides 7 percent of nority. One comment was that this was With a heave and a ho and a yes, yes, well, the funds, it only has 7 percent of the a cheap trick, designed to create 30- They swung a beam and a side wall fell. power. Ninety-three percent of the second soundbites. Well, it is not And I asked the foreman: power resides with the State and local cheap. It is 13 to 14 billion Federal dol- Are these men as skilled governments to make decisions about lars that are invested in these 14 pro- As the ones you would hire if you had to what happens with our schools, and if build? our schools are in bad shape, if edu- grams and our children. The majority He said, oh, no, not these. said that it is time that we take a The most common of labor is all I need. cation needs improvement greatly be- chance. You are never taking a chance For I can destroy in a day or two cause over the years things that should when you invest dollars in children. What it takes a builder 10 years to do. have been changed and were not I do not think everyone that has And so I ask myself as I walk my way changed, things that should have been talked about this bill has read the 23 Which of these roles am I going to play? happening did not happen, it is the pages that are in it. And so for just a Am I going to go around and build State and local governments that have second, I want to give a perspective to On firm and solid ground, to be blamed. The Department of Edu- Or am I going to be the one that tears down? all of us. This bill is really not about cation has played a limited role, and it block grants. If you read it, it is a re- I submit we build with H.R. 2300. should continue to play that role. quest for proposal. It says that up to 10 Mr. CLAY. Mr. Chairman, I yield 5 Specific language of this bill is al- governors, Democrat or Republican, it minutes to the gentleman from New most irrelevant. It is the real intent, WENS). does not matter, whichever governors York (Mr. O because the overriding intent is what is (Mr. OWENS asked and was given come first, up to 10 governors can really dangerous. It destroys the permission to revise and extend his re- apply to have the flexibility to use the checks and balances between the Fed- marks.) money in 14 programs across their eral Government and the State and Mr. OWENS. Mr. Chairman, tonight local government. What is wrong with school district in return for improving we are seeing the naked fist of the Re- performance. And then you need to having a Federal role which is only 7 publican education philosophy. The percent of the power and decision-mak- read the performance measures that it education guerilla warfare is over. This asks for, because here is where it tar- ing to help check the power and deci- is a full scale invasion under way at sion-making at the State and local gets the disadvantaged and the most this point. The tanks are in the streets, needy. If you read the description for level? For years and years the State the dive bombers are in the air, and the and local governments had full reign the performance, it says, first of all, big guns are booming. The Republican every system must rate their children on what happened in elementary and objective is the obliteration of the Fed- secondary education, and we drifted at basic, at proficient and at advanced eral role in education. That is what and then on an annual basis, grade to backwards steadily. this is all about. Couple this bill with Where would we be in this high-tech grade, must compare the improvement. the fact that there is an appropriations world as we are moving toward a cyber- That is part of the 5-year contract. bill floating around which has skipped civilization? Where would we be if we That is part of the 3-year measurement over the House of Representatives and strictly had the old State and local where they can lose the funds if they some kind of conference is taking place government participation only? Many decline. And then, secondly, it provides and it is coming back to us with deep of the most important innovations and rewards. It provides rewards for those cuts in the budget of the Department the most important things that have systems that close the gap by greater of Education as well as cuts in many of happened in State and local education than 25 percent from their least pro- the innovative programs that have have been prompted, have been stimu- ficient to their most proficient stu- been proposed and passed in the last lated, by the small participation that dents. few years, and you will understand that we have had from the Federal Govern- I just left Governor Hunt of North this is part of a larger, grand design. ment. What is wrong with shared Carolina who was referred to a minute b 2100 power? Why are we obsessed with not earlier. I left him where he received ac- having the Federal Government par- colades because he put a reward system Straight A’s means total destruction. ticipate in sharing the power and deci- in his State for those teachers who be- Ed-Flex and Teacher Empowerment sion-making about education? came certified and improved them- were probes; they were probes to estab- We are ignoring the opportunity, as selves and saw measurable improve- lish beach-heads and to get us sucked my colleagues know, for some real ment in their children. That is no dif- in. But this is it. Straight A’s tells the changes here. A few minutes ago the ference than what this particular bill full story. speaker said that change is being pro- does. To close the achievement gap, Now, we were criticized a few mo- posed and we do not want to go along you do not do it by raising the top ad- ments ago. Somebody said we have not with change. Well, this is destructive vanced students. You do it by raising even read the bill. Well, we know what change. This is change in the wrong di- the bottom. To take the hypothesis came out of committee, and we know rection. What we are ignoring is the that this does not address the most what the debate in committee was like. opportunity right here to make some needy children is to presume a public I understand there has been a drastic constructive and some creative school system would meet performance change because the extremism of the changes. by lowering its best rather than uplift- bill that came out of committee was We ought to be talking about where ing its worst. That on the face of it is too great to be digested even by the we are going toward this new cyber- an insult to local educators. Republican majority. So we have a cut- civilization in the next millennium. We I do understand the fear of change. back, and 10 percent is being proposed, ought to be talking about what we But change is not taking a chance. but it does not matter. It is a jug- need to do to bring our schools up to There are three groups of people in this gernaut into the Federal role in edu- par, to be prepared to provide a full- Congress: There are those that would cation. scale education to every youngster, not tear this down, tear it down because it This is it. As my colleagues know, if just in reading and writing and arith- is a change. There are those that would we pass this, then it is all over in metic, but also in computer literacy. tear down the Federal Department of terms of Federal role. It would just be We ought to be talking about how we Education because they do not like it downhill from here on. are going to maintain leadership in the

VerDate 12-OCT-99 04:47 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.178 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10703 world where we are now the leading Let me make my point, if I could. progress toward meeting actual per- computer power, and our economy is I heard earlier that the purpose of formance standards; and as a result, way ahead of all the other economies Federal dollars was for Federal initia- those schools that are meeting their because of our computerization, and tives. I would tell my colleagues that I goals and those schools that are not that, as my colleagues know, that have a huge difference with the gentle- have been identified, and my district, stroke of genius, collective genius, we woman that said that. The purpose of St. Tammany, is leading the way, should be proud of and build on it. Federal dollars is the same as State scores demonstrably better than other But instead of building on that, we dollars and local dollars as it relates to schools, and they are a model in my come with the old cliches about the education. It is to help our kids learn. area. Federal Government has no responsi- It is to supply the resources so teach- We need to piggyback on that con- bility in education because, after all, ers can teach. It is to make sure that cept, and the choice is clear. Congress the Federal Constitution, the Constitu- the tools are there. can support these successful State ef- tion has nothing about Federal respon- My colleagues on the other side of forts and improve academic achieve- sibility for education. The Constitution the aisle have said that we cannot ment by allowing States to use Federal says nothing about Federal responsi- trust governors. I guess that means we dollars more effectively rather than in- bility for roads or highways. cannot trust school boards or parents sisting on simple bureaucratic hoop As my colleagues know, the Morrill or anybody in the school system be- jumping, and that is what the debate is Act, which established the land grant cause they all play a part. about, what does accountability mean, colleges, there is nothing in the Con- This program is voluntary. This pro- jumping through certain hoops or stitution that said they should do that, gram is voluntary. States will choose achieving bottom line results? but thank God they did, that we have a to pick whether they want to partici- Results matter. Results mean edu- system of land grant colleges which al- pate or not. cating our kids, and we need to focus lowed agriculture to blossom and we I truly believe that every person in on those results. become the agriculture power that we this institution is after the same goal, Mr. GOODLING. Mr. Chairman, I are in the world. and that is to increase the learning and yield 2 minutes to the gentleman from The transcontinental railroad, the knowledge of our students in this coun- Wisconsin (Mr. GREEN). Federal Government, the Constitution, try. Mr. GREEN of Wisconsin. Mr. Chair- said nothing about building railroads, So what is the difference, quite sim- man, I thank the gentleman for yield- but the Federal government paid for ply? We have heard it tonight. It is ing time. the building of transcontinental rail- over who holds the power. Some want Today is a crossroads day, a pivotal roads. to hold it here; some of us want to re- day. It is a crossroads because today The GI bill, which allowed every GI turn it home to teachers and to parents we become either partners or obstacles who wanted to go to school, to higher and to educators. That is a huge dif- to reform. State after State, governor education, to be able to get an edu- ference. It is a difference that clearly, after governor, Republican and Demo- cation after World War II, Constitution I think, makes a difference in the edu- crat, has shown us the promise and po- did not say we had to do that. The Constitution does not dictate cation of our children. tential of a merging American edu- It is startling to know that over half what is in the interests of the Amer- cation reform. Their stories are excit- the paperwork required of the North ican people. It is the Members of Con- ing; their stories are optimistic. gress; it is their vision, their foresight Carolina Department of Public Instruc- Thomas Jefferson called the States that has to guide where we are going, tion in Raleigh is required by the Fed- laboratories of democracy. It is much and right now we ought to be going to- eral Government for only 6.8 percent of more than that. The States are not just ward an omnibus bill for education the overall funding. That is certainly engaged in experiments; they are en- which looks at all aspects of it and not equitable. gaged in a race, a race for education, a comes forward in what we need to go The single most important invest- race towards excellence. into this cyber-civilization that we are ment that we can make in this country The governors, the best governors going into, what kind of education do is in our children. Congress has made from around the Nation, are looking at our kids need, not this quibbling about sure that enough money is set aside for each other. They are looking to other getting the Federal Government out of education. Now let us just make sure States, seeing what is working, copy- education. It is childish, it is juvenile, that it gets to the classrooms. Let us ing it, benchmarking it, adopting it, but it is dangerous, it is very dan- make sure that under Straight A’s our refining it, improving it, always push- gerous. kids have the computers, have the re- ing further down the track. Mr. GOODLING. Mr. Chairman, I sources, that more teachers are in the Each experiment moves us down the yield 3 minutes to the gentleman from classroom, that schools are safer, and track and brings us all up so that no North Carolina (Mr. BURR). that we guarantee academic results. one is left behind, not the inner-city Mr. BURR of North Carolina. Mr. I urge my colleagues to support this youth, not the tribal school student. Chairman, I can remember before I got legislation and trust parents and I want to close with this troubling here, sitting at home watching this in- teachers. thought. As my colleagues know, so stitution at work, passing some of the Mr. GOODLING. Mr. Chairman, I many of us came from State and local legislation that they did, thinking why yield 11⁄2 minutes to the gentleman government, Mr. Chairman. But yet did we do it again? It did not work last from Louisiana (Mr. VITTER). many of us here today are poised to say time, and it did not work the time be- Mr. VITTER. Mr. Chairman, as my that we do not trust our former col- fore. Boy, if I were there, I would colleagues know, I think all of us can leagues. There must be something sa- change it. agree that the key to improved edu- cred or divine in the water out here in I have learned since I have gotten cation is increased accountability. The Washington. Suddenly, when we are here how difficult it is to get people to real question is what do we mean by sworn in, we become all knowing; we release the power here, to actually rely that? The usual response from the edu- become the repositories of all that is on individuals that are closer to the cation establishment is that increased good in education. Somehow we have problems to play a part of the solu- accountability has to mean increased made that change. tions. It has been an eye-opening expe- Federal mandates, specific program Obviously that is absurd. rience. dictates, basically jumping through Today, I say it again: we are at a Since I have been here, I have had an specific bureaucratic hoops. But that crossroads. We can either be partners opportunity to spend time in schools, emphasis on process has failed our for reform or obstacles to reform. to meet with teachers, to talk about schools and our children miserably. Mr. CLAY. Mr. Chairman, I have one the problems, to hear firsthand, to ask States recognize, as people on the more speaker who is on his way; so, questions and to hear them say when I ground in the trenches, so to speak, Mr. Chairman, I yield myself as much ask, Why do you do it that way?, their recognize this, including my State of time as I may consume. answer is: Because you make me, you Louisiana: we are requiring schools and Let me say why I think we ought to Washington. districts to demonstrate annual vote this down.

VerDate 12-OCT-99 04:47 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.179 pfrm02 PsN: H21PT1 H10704 CONGRESSIONAL RECORD — HOUSE October 21, 1999 First, the Straight A’s does not en- and one is looking for help, what does the funds and did not distribute them sure that dollars will reach the class- one look for? They look for the AAA. properly. room. These dollars can be spent in any They come there to rescue; they come Federal funds make up a minute 7 fashion that the local district would to give assistance; they get to you percent of total school revenues com- want it to be spent, and apparently when you need someone, when you are pared to State and local contributions; that is the aim of those who are pro- someone in need. So the AAA sounds and these Federal resources must be moting this. But that is not what is like a great title for this bill. targeted, that is the reason that we say best policy for this Nation. Our dollars But what does the AAA do here? We the Federal Government should not ought to be spent on national problems now have this H.R. 2300 which elimi- dictate overall education policy. But that are not being addressed at the nates the following Federal education there are some specific areas that we local level. This is not just a big fund programs, turns them into block feel that the Federal Government where we just supplement the re- grants, without any kind of adequate wants to see more accountability, sources of local communities. accountability: Title I compensatory wants to see us engaged, and this bill In addition to that, Straight A’s un- education to help disadvantaged chil- just blindly trades flexibility for great- dermines our commitment to the need- dren, eliminated; class size reduction, er accountability. We have to hold peo- iest children, the most educationally eliminated; safe and drug-free schools, ple accountable. disadvantaged. If we do not target this eliminated; Goals 2000, eliminated; Ei- So as we move into the new millen- money to those in the needy areas, the senhower Professional Development nium and we see these tricky names money will never get there. That is his- Training for Teachers, one of our great coming up, the AAA, we are finding tory; it will repeat itself. presidents and generals, named after that this is going in the wrong direc- Now I have heard over and over dur- him because of what he exemplifies, tion; and I urge my colleagues to de- ing this debate a lot of cliches, but I eliminated; vocational education, feat H.R. 2300. have not heard many logical rec- eliminated; emergency immigrant edu- Mr. CLAY. Mr. Chairman, I yield 2 ommendations for addressing the prob- cation, eliminated. minutes to the gentleman from Ten- lems of our neediest children educa- But what does it do? It gives flexi- nessee (Mr. FORD). tionally. We keep hearing the cliche: bility to States. It allows governors to Mr. FORD. Mr. Chairman, I rise in let the people closer to the problem do what they want to do because they strong opposition to H.R. 2300 because I make the decisions. That is meaning- know best, it says. What will it do? It believe, as many of my colleagues on less according to the legislation that is will allow vouchers for private schools. this side of the aisle have said quite consistently proposed. If they wanted So what we are saying is the eloquently, including the gentleman the people closest to the situation to defederalization of the 7 percent that from Missouri (Mr. CLAY) and the gen- make the decision, then they would the Federal Government had, and it di- tleman from New Jersey (Mr. PAYNE) give the money directly to the local lutes targeting for special needs popu- and others, this bill simply abdicates school districts instead of transferring lations. It would result in significant our responsibility to help ensure edu- it through the governors of the States. funding shifts among localities. It cational excellence for all children. would weaken accountability of Fed- I had the chance not long ago to visit b 2115 eral funds. The reason that the Federal a model early childhood center in my I keep hearing them talk about kids Government became involved in edu- State and met one of the young stars trapped in bad schools. Well, they do cation was because we found that the there at the center, Ellen. Ellen, just 4 not give a damn about kids trapped in States turned their backs on those who years old, has already mastered many bad schools; their record indicates were most in need. That is why the of the technological tools that pervade that. They are opposed to educating Federal Government came in and said our work places and our classrooms those kids in bad schools. They want to we should have Title I programs, we today. She sat with me as she e-mailed use this money to send kids to paro- should have Goals 2000. We ought to her mother and her mother e-mailed chial schools; and the parochial have School-to-Work so that we can her back. schools, we do not know whether they have youngsters who are not going to Over the past few days, we have spent are good or bad, because they do not college to be prepared for work. countless hours, Mr. Chairman, debat- test their kids. And they do not test So what does this do in one fell ing and deliberating the importance of their kids, and they do not have any swoop? It takes it all out. What would a national commitment to education, assessments or any value system for it do? It would allow the use of public to the point where the Republican lead- whether or not one is achieving educa- funds for private school voucher pro- ership now feels that we can just aban- tionally. grams. It assumes that there are no le- don our responsibility to America’s I keep hearing this cliche about gov- gitimate national education priorities. children. I am somewhat confused be- ernment is the problem, and I keep When the Sputnik went up back in the cause earlier today we voted on an hearing it from people who are part of late 1950s, early 1960s, when Russia was amendment offered by the majority this government. I have been here 31 ahead of us in science and technology, leader, and now hours later, we are vot- years. During that 31-year period, Re- our government came together and ing on something that would simply publicans controlled the White House said we will have a national defense nullify all that many of my colleagues 20 years. The last 5 years, they have program. What was the national de- on this side of the aisle voted on much controlled the House and the Senate. fense program? It was to put money in earlier today. I realize that both the They are the government, so if the education so that we could put out en- majority leader and the majority whip problem is government, it is their prob- gineers, so that we could put out sci- would prefer to see States go there own lem, not the problem of the local entists, so that we could beat the Rus- way, regardless of the consequences. school districts. sians to the moon; and we did, because But what I find strange is that this bill So I say to my colleagues that this is we had a Federal national priority. completely violates the whole notion a bad bill, a very bad bill, and we ought Now we are saying we have no longer of local control because it takes power to reject it summarily. any need for national priorities; we from parents and schools and central- Mr. Chairman, I yield 5 minutes to have no more a need for the govern- izes it in State capitals. the gentleman from New Jersey (Mr. ment to focus on specific problems that I am confident the Speaker has spent PAYNE). we see in our society and say we need enough time in classrooms in talking Mr. PAYNE. Mr. Chairman, I stand to overcome that, since the States are with parents and teachers around this here in total opposition to the Aca- derelict in their responsibility. So Nation to know that Americans simply demic Achievement for All Act, H.R. along comes the AAA; and the AAA do not see the things the way many of 2300. I must admit that the other side says, just let the governors do the my colleagues on the other side of the has a tremendous ability of making right thing. We know they will do the aisle see them tonight. I would ask names sound good. If one listens to the right thing because, of course, to be- that he encourage all of his colleagues names, how can one be opposed to this? come a governor, one has to be right, to do the right thing, not abdicate this The AAA. When one is on the highway, right? Wrong. Governors before took responsibility, do what is right for all

VerDate 12-OCT-99 05:01 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.182 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10705 of our kids so that all young people But let me tell my colleagues, one of assessment data, and you must report will have the same opportunity that the greatest things was, $340 million on student achievement and use of Ellen has and all of my friends in more the appropriators are saying for funds annually to the public and to the America who enjoy Social Security and education than the President re- Secretary, and you get a mid-term re- Medicare can be assured that all work- quested. That is pretty outstanding, in view, and if you are not doing well in ing people in the 21st century will have my estimation. But let me go back to that mid-term review you struck out an education. That is what we are what we are doing now. and you lose your eligibility and you seeking to do on this side. Unfortu- I heard all of these arguments, all of could lose loss of administrative funds nately, my friends on the other side do this doom and gloom back in 1994. The if as a matter of fact as a State you did not want to do that. word ‘‘flexibility’’ on that side, that not make everyone live up to these Let us not run from our responsibil- was swearing; you do not say a terrible standards and these requirements. ities now. Our future depends on it. word like that. And all of a sudden, in So I am happy to say that by the end The CHAIRMAN. The gentleman 1994, they said, well, maybe we can of this day hopefully we will be giving from Missouri (Mr. CLAY) has 21⁄2 min- have a little bit of flexibility. And every child in this country an equal op- utes remaining. guess what? In 1999, I do not know what portunity for an academic program Mr. CLAY. Mr. Chairman, I yield happened. All of a sudden everybody is that spells success in future lives. I back the balance of my time. for flexibility, and all 50 States now said many times; we cannot lose 50 per- Mr. GOODLING. Mr. Chairman, I can have flexibility. Is that not amaz- cent of our students as we presently yield myself the balance of the time. are. We positively for their sake and Mr. Chairman, I am very proud to ing, how doom and gloom all of a sud- den changed to something that every- positively for the sake of this country, have had some responsibility as in rela- we will not compete in this 21st cen- tionship to this committee’s activities body could support, 50 governors and mobs of people, that is not a good tury unless we can make sure that during the last 41⁄2 years. I am very every student is ready to get into the proud because we have done so many term, most of the people in the Con- gress of the United States. high-tech society and be able to suc- wonderful things. We reauthorized ceed in the 21st century. I would en- IDEA. It is too early to say how well Mr. Chairman, would my colleagues believe that no matter what we heard, courage everyone to vote for the legis- we did. We will not know because un- lation. fortunately, the Department was very, we are not eliminating any programs. Is that not amazing. We are not elimi- Mr. GOODLING. Mr. Chairman, today we very late in getting any regulations are here to debate the centerpiece of our edu- out. Hopefully, we have improved the nating any programs in this Straight A’s bill, not one. What we are saying is, cation reform agenda which I introduced ear- Individuals With Disabilities Edu- lier this year, the Academic Accountability for cation Act. something that I wanted to do for years; I wanted to say hey, could I All Act, known as Straight A's. I am extremely proud that we have We have 129 cosponsors for this landmark been able to get $2 billion more for that combine a little of these monies with this program and this program so I can legislation, and we have the support of many program. We pleaded and pleaded and of the nation's Governors and chief state pleaded for years; and finally, we now make one of them work. We could not do that when I was a superintendent. school officers too. are getting a little bit closer to the Today we passed H.R. 2, the Students Re- One cannot do that now. But now, we commitment we made to local school sults Act. In that bill we made some important have an opportunity to say yes, all of districts as far as financing IDEA. We improvements to Title I program, along with the programs remain, the State can reformed the entire Jobs program, a other programs targeted at disadvantaged stu- choose, as a matter of fact, to go disaster, a disaster. No way could any- dents. It is appropriate that we now move to Straight A’s. If they do not want to go one get anything worthwhile in order Straight A's. to make their life better because of the Straight A’s, the local district can Straight A's is an option for those States job training programs that were there. choose. that want to break the mold and try something We brought the Vocational Education But guess what? The accountability, new: more flexibility, in exchange for greater Program into the 21st century. the performance agreement is so tough accountability than current law. It transforms In higher education, we put our em- that I have a feeling there will be very, the federal role from CEO to an investor. It is phasis on quality teachers. And, I am very few States, just as in the flexi- for States that believe they have the capacity also happy to say that we increased bility. We said six and then we said 12, to improve the achievement of their most dis- Pell grants dramatically in that whole and really, only two took a great ad- advantaged students. Like welfare programs program. Child nutrition, this com- vantage of that program to make it earlier this decade, where states like Wis- mittee moved the child nutrition bill work. Now we are saying that here are consin received waivers to implement ambi- that gives every youngster out there a 10 States. Do you have the courage, do tious and highly effective programs, we should greater opportunity for good nutrition. you have the courage to meet the ac- free-up high-performing states to lead the way Ed-Flex, 50 States can now have Ed- countability requirements that are in in education. Flex. Teachers Empowerment Act say- this legislation? Let me assure you we are in no way contra- ing, you have reduced your class size. If b 2130 dicting or invalidating what we have just you have done that, then we want you passed. In fact, most States would likely con- to make sure that the teachers you Your goals must reflect high stand- ards for all students and performance tinue with the current categorical structure and have are better qualified to teach, and operate under the Title I program just passed. if you need special ed teachers, we gains must be substantial. You must take into account the progress of all The status-quo education groups here in want you to do that. And yes, Title I. Washington want to keep things the way they For the first time today, the first school districts and all schools and all children. You must measure perform- are. We have drafted this legislation because time today, Title I no longer will be a of what we have heard from Governors, chief block grant program. Now, in 1994 we ance in terms of percentage of students state school officers, superintendents, prin- tinkered a little, because we realized it meeting performance standards such as cipals and teachers from around the country, was a disaster, we realized it needed basic proficiency and advance. As a not because of lobbyists in Washington. The something done, but it was still pretty State, you must set goals to reduce people in the trenches want real change and much a pure block grant program. As achievement gaps between lowest and they are the people who have made Straight long as one could show the auditor highest performing groups of students, without lowering the performance of A's what it is today. where those dollars were going, it did Let me share with you what some of them the highest achieving student; but you not matter what one did; and one had have said. Governor Jeb Bush of Florida is in no responsibility to show anybody that have to prove that you have done favor of more accountability, in exchange for there was any accountability, that something about that gap that we more flexibility. According to the Governor, there was any achievement gap that could not do anything about in all of We can increase the impact that federal was changed because of the money one these years in Title I; and, yes, States, dollars will have on student learning in our received from the Federal Government. you can set other goals to demonstrate State, if we are provided with more freedom Hopefully, with what we have done performance such as increasing gradua- and less one-size-fits-all regulations from the today, that will change. tion and attendance rate in addition to federal government.

VerDate 12-OCT-99 05:01 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00091 Fmt 7634 Sfmt 9920 E:\CR\FM\K21OC7.184 pfrm02 PsN: H21PT1 H10706 CONGRESSIONAL RECORD — HOUSE October 21, 1999 Paul Vallas, Superintendent of the Chicago for this purpose. This legislation also rewards control education, is a step forward. As long Public Schools has also asked for this flexi- those States that significantly narrow achieve- as the federal government continues to levy bility. Chicago Public Schools have been the ment gaps with a five percent reward, an in- oppressive taxes on the American people, and model of many reforms such as ending social centive that does not exist in current law. then funnel that money back to the states to promotion. He told my Committee earlier this When we pass Straight A's, all students, es- use for education programs, defenders of the year that they wanted the federal government pecially the disadvantaged students who were Constitution should support all efforts to re- to be a partner, not a puppet master. He said the focus of Federal legislation in 1965, may duce the hoops through which states must that instead finally receive effective instruction and be held jump in order to reclaim some of the people's What we want is greater flexibility in the to high standards. tax monies. use of federal funds coupled with great ac- For too long States and schools have been However, there are a number of both prac- countability for achieving the desired re- able to hide behind average test scores, and tical and philosophical concerns regarding this sults. We in Chicago, for example, would be to show that they are helping disadvantaged bill. While the additional flexibility granted delighted to enter into a contract with the children merely by spending money in the under this bill will be welcomed by the ten Department of Education, specifying what right places. That must come to an end when states allowed by the federal overseers to par- we would achieve with our students, and with selected groups of students. states participate in Straight A's. States and ticipate in the program, there is no justification And we would work diligently to fulfill— school districts must now focus on the most to deny this flexibility to the remaining forty and exceed—the terms of such a contract. We effective way of improving achievement, not states. After all, federal education money rep- would be held accountable for the result. on just complying with how the federal govern- resents the return of funds illegitimately taken Who are we to say you can't improve, you ment says they have to spend their money. from the American taxpayers to their states can't reform, you can't succeed? Much of what Schools should be free to focus on improv- and communities. It is the pinnacle of arro- is new in Title I is taken from what States like ing teacher quality, implement research-based gance for Congress to pick and choose which Texas and Florida and cities like Chicago instruction, and operate effective after-school states are worthy of relief from federal strings have shown to be effective. Why should we programs. Federal process requirements have in how they use what is, after all, the people's ask them to abide by our program require- created huge amounts of paperwork for peo- money. ments, when their programs are the ones that ple at the local level, and distract from improv- The primary objection to STRAIGHT ``A's'' are working and improving achievement and ing student learning. from a constitutional viewpoint, is embedded the federal programs are not? I would encourage everyone to listen care- in the very mantra of ``accountability'' stressed For more than three decades the Federal fully when people talk about accountability: by the drafters of the bill. Talk of accountability government has sent hundreds of billions of Are they talking about accountability for proc- begs the question: accountable to whom? dollars to the States through scores of Wash- essÐmaking sure States and districts meet Under this bill, schools remain accountable to ington-based education programs. Has this federal guidelines and priorities, the ``check- federal bureaucrats and those who develop enormous investment helped improve student off'' system, or are they talking about account- the state tests upon which a participating achievement? Unfortunately, we have no evi- ability for real gains in academic achieve- school's performance is judged. Should the dence that it has. ment? Will achievement gaps close as a re- schools not live up to their bureaucratically-de- After thirty years and more than $120 billion, sult, or will States just have to fill out a lot of termined ``performance goals,'' they will lose Title I has not had the desired effect of closing paperwork about numbers of children served the flexibility granted to them under this act. achievement gaps. without any mention of performance improve- So federal and state bureaucrats will deter- States now have access to ``Ed-Flex,'' which ments. mine if the schools are to be allowed to par- we passed earlier this year in spite of the Ad- I know that most of you from the other side ticipate in the STRAIGHT ``A's'' programs and ministration's initial protests. of the aisle are poised to shoot down this op- bureaucrats will judge whether the states are Ed-Flex gives schools and school districts portunity to advance effective education re- living up to the standards set in the state's more freedom to tailor Federal education pro- form in the States and local school districts. I five-year education planÐyet this is supposed grams to meet their needs and remove obsta- hope I can encourage you to have an open to debureaucratize and decentralize education! cles to reform. mindÐto think outside the boxÐand consider Under the United States Constitution, the Ed-Flex, however, was only a first step. Ed- this important piece of legislation. Listen to the federal government has no authority to hold Flex is designed to make categorical Federal people who are turning around low performing states ``accountable'' for their education per- programs work better at the local level. But schools and districts. They want Straight A's. formance. In the free society envisioned by States still have to follow federal priorities and Let's give the States that choose to do so the founders, schools are held accountable to requirements that may or may not address the the opportunity to build on their successes and parents, not federal bureaucrats. However, the needs of children in their state. It is time to improve the achievement of all of their stu- current system of leveling oppressive taxes on modernize the Federal education funding dents. The federal government can lend a America's families and using those taxes to mechanism investment so that it reflects the helping hand rather than a strangle hold. fund federal education programs denies pa- needs of States and school districts for the Mr. PAUL. Mr. Chairman, those who wish to rental control of education by denying them 21st century. diminish federal control over education should control over the education dollar. Because ``he For those States or school districts that cast an unenthusiastic yes vote for the Aca- who pays the piper calls the tune,'' when the choose to participate, Straight A's will fun- demic Achievement for All Students Freedom federal government controls the education dol- damentally change the relationship between and Accountability Act (STRAIGHT ``A's''). lar schools will obey the dictates of federal the Federal government and the States. While this bill does increase the ability of state ``educrats'' while ignoring the wishes of the Straight A's will untie the hands of those and local governments to educate children parents. States that have strong accountability systems free from federal mandates and regulations, In order to provide parents with the means in place, in exchange for meeting student per- and is thus a marginal improvement over ex- to hold schools accountable, I have introduced formance improvement targets. This sort of isting federal law, STRAIGHT ``A's'' fails to the Family Education Freedom Act (H.R. 935). accountability for performance does not exist challenge the federal government's unconstitu- The Family Education Freedom Act restores in current law: states must improve achieve- tional control of education. In fact, under parental control over the classroom by pro- ment to participate in Straight A's. And if they STRAIGHT ``A's'' states and local school dis- viding American parents a tax credit of up to let their scores go down for the first three tricts will still be treated as administrative sub- $3,000 for the expenses incurred in sending years, they can get kicked out before the five divisions of the federal education bureaucracy. their child to private, public, parochial, other year term is up. Nothing happens to States Furthermore, this bill does not remove the religious school, or for home schooling their that decline for three years in current law. myriad requirements imposed on states and children. States do not even have to report overall local school districts by federal bureaucrats in The Family Education Freedom Act returns performance gains or demonstrate that all the name of promoting ``civil rights.'' Thus, a the fundamental principal of a truly free econ- groups of students are making progress. school district participating in STRAIGHT ``A's'' omy to America's education system: what the Straight A's frees States to target all of their will still have to place children in failed bilin- great economist Ludwig von Mises called federal dollars on disadvantaged students and gual education programs or face the wrath of ``consumer sovereignty.'' Consumer sov- narrowing achievement gaps, which could the Department of Education's misnamed Of- ereignty simply means consumers decide who mean an additional $5 billion for needy chil- fice of Civil Rights. succeeds or fails in the market. Businesses dren if all states participated. Under current The fact that this bill increases, however that best satisfy consumer demand will be the law, States couldn't target more federal dollars marginally, the ability of states and localities to most successful. Consumer sovereignty is the

VerDate 12-OCT-99 05:01 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00092 Fmt 7634 Sfmt 9920 E:\CR\FM\A21OC7.072 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10707 means by which the free society maximizes income students than were state funds. The needs students, and use it for the general stu- human happiness. report further found that combining federal and dent population. When parents control the education dollar, state funds as proposed by this bill, would de- H.R. 2300 guts the very core of Title I, the schools must be responsive to parental de- crease the likelihood that the funding would nation's $8 billion flagship program for our mands that their children receive first-class reach the neediest students. poorest students, by allowing States to dis- educations, otherwise, parents will find alter- Mr. Chairman, no one is arguing against tribute funds in a way that the governors and native means to educate their children. Fur- promoting high academic standards for all chil- State legislatures decide, instead of by need thermore, parents whose children are in public dren. But in order to accomplish this we need and poverty-based allocation procedures. schools may use their credit to improve their to target limited resources to children with the And this bill would eviscerate other federal schools by helping to finance the purchase of greatest need. The truth is that only a strong programs targeted at disadvantaged students. educational tools such as computers or extra- federal role in reduction will assure that all For instance, class size reduction allocations curricular activities such as music programs. children have equal access to a quality edu- are based largely on the number of poor chil- Parents of public school students may also cation. dren in each district. Similarly, criteria for State wish to use the credit to pay for special serv- Instead of weakening educational progress allocation of Safe and Drug-Free Schools ices for their children. by promoting legislation such as H.R. 2300, I funds to local education agencies include It is the Family Education Freedom Act, not hope that my colleagues will work in a bipar- ``high-need factors'' such as high rates of drug STRAIGHT ``A's'', which represents the edu- tisan way to strengthen accountability provi- use or student violence. cation policy best suited for a constitutional re- sions to ensure that states are held respon- Most Federal education programs were cre- public and a free society. The Family Edu- sible for the achievement of all their students, ated specifically to serve disadvantaged cation Freedom Act ensures that schools are regardless of their income. groups, after Congress found that States and accountable to parents, whereas STRAIGHT I urge my colleagues to vote against this ill- localities were not meeting the needs of those ``A's'' continues to hold schools accountable to conceived and counterproductive bill. groups on their own. Today, the GAO still bureaucrats. Mr. WU. Mr. Chairman. I rise today in strong finds that State funding formulas are signifi- Since the STRAIGHT ``A's'' bill does give opposition to H.R. 2300, the so-called Aca- cantly less targeted on high-need districts and states an opportunity to break free of some demic Achievement for all Act (Straight A's children than are Federal formulas. We must federal mandates, supporters of returning the Act). not give these States the opportunity to take federal government to its constitutional limits For the past two days, Members from both money away from their poorest children. should support it. However, they should keep sides of the aisle have worked together on the I am also concerned that H.R. 2300 will in mind that this bill represents a minuscule House floor to pass H.R. 2, the Student re- strike our national priorities, despite over- step forward as it fails to directly challenge the sults Act. This bill strengthens Title I of the El- whelming public support for these area. For example, national leadership by Congress to federal government's usurpation of control ementary and Secondary Education Act. We reduce class size in the early grades, tackle over education. Instead, this bill merely gives were able to pass a bi-partisan bill that is youth and drug alcohol abuse, provide profes- states greater flexibility to fulfill federally-de- good for our nation's children. Before the ink sional development for teachers, and enhance fined goals. Therefore, Congress should con- is even dry, the Majority party is seeking to technology in the schools have already reaped tinue to work to restore constitutional govern- overturn the improvements that we joined to- rewards. H.R. 2300 would allow the States to ment and parental control of education by gether to pass. The Straight A's Act is plain and simple, a ignore these important priorities. defunding all unconstitutional federal programs Moreover, I find it ludicrous that the Repub- blank check without safeguards. The bill would and returning the money to America's parents lican Majority would pass this Super-flex bill block grant nearly 3¤4 of federal education pro- so that they may once again control the edu- after a four day mark-up H.R. 2. H.R. 2, as grams including Title I, Eisenhower Profes- cation of their children. amended by the Committee, maintains tar- Ms. ROYBAL-ALLARD. Mr. Chairman, I rise sional Development for Teachers, and the geting requirements to serve poorest schools, in strong opposition to H.R. 2300, the so- Class-Size Initiative. I shudder to imagine how first, increase funding for Title I schools, re- called ``Academic Achievement for All Act.'' many students will fall through the cracks. quires parent report cards to help parents hold Under this scheme, gone would be the With this bill, the Republican majority takes a schools accountable, requires all teachers to focus on specific national concerns of federal step backward by eliminating our federal com- become fully accountable, prohibits use of education programs that have evolved over mitment to education and washing the federal Title I funds for private vouchers, requires all government's hands of its responsibility to our thirty-five years with strong bipartisan support. states to have rigorous standards and assess- nation's students. Gone would be the targeting of funds based ments, and makes permanent the comprehen- H.R. 2300 would establish a pilot program on identified need which now helps assure sive, research based educational school re- to allow ten states to use federal funds des- services for students who need them. form program that helps communities overhaul ignated for programs like Safe and Drug Free I agree with the proponents of the legislation struggling schools. Schools, Literacy Challenge Fund, and Title I that we need to provide more control and flexi- H.R. 2300 eviscerates these reforms. funds, for virtually anything they deem ``educa- bility to the local level, which is why I worked The Republicans have attempted to pass tionally relevant.'' This essentially amounts to to secure passage of the Education Flexibility bock grants before, most recently with its Dol- the block granting of Title I funds, which are Act. Ed Flex lifts burdensome and unneeded lars to the Classroom legislation. However, critically important to the disadvantaged stu- federal regulations to provide local schools their Block grants have failed because they dents in my district. flexibility and the opportunity for innovation. lack accountability and they lead to decreased Title I of ESEA has done more for our na- Let us continue on the path of passing com- funding. tion's poor children than any other program. mon-sense legislation that meets these goals For example, in 1981, Congress consoli- The possibility that this money may never without cheating our nation's school children. dated 26 programs into a single block grant reach our neediest students could have a dev- H.R. 2300 is not the answer. I urge Members (now Title VI of ESEA). Since then, funding for astating and lasting effect on their future. H.R. to vote against the bill. Title VI has dwindled, falling 63 percent in real 2300, however, would allow states to give Mrs. MINK of Hawaii. Mr. Speaker, I rise in terms since 1981. Today, the program has no away federal funds specifically targeted for strong opposition to H.R. 2300, the Academic accountability, no focus, and can demonstrate schools and students with the greatest need Achievement for All Act. This legislation is no success in improving educational achieve- and give them to more affluent and wealthier nothing less than a block grant program that ment. And the Republicans want to do it all school districts. This is just plan wrong. gives states a ``blank check'' for billions of dol- over again with H.R. 2300. The proponents of H.R. 2300 claim that lars, without accountability or protection of our The Republican Majority's emphasis on state flexibility from federal requirements will most disadvantaged students. block granting, eliminating oversight and ac- focus more funding and attention on the needs I cannot support legislation that attempts to countability, and eliminating targeting, flies in of low-income and minority students. But the educate our children on the backs of poor stu- the face of the ``Academic Achievement for track record of most states, in the use of their dents. All'' that the Majority purport to want. Only a own dollars suggests that low-income students H.R. 2300 would allow states to convert part strong federal role in education will assure that lose, not gain, when states are not directed to of all Federal aid into private school vouchers; all children have equal access and equal op- do so. A 1998 GAO report which focused on and it would allow states to take funding for portunity to quality education. state and federal efforts to target poor stu- poor schools and give it to the most affluent While Super-flex may be a bonanza for gov- dents found that, in 45 of the 47 states stud- students; and it would allow states to take ernors, it excludes local school district partici- ied, federal funds were more targeted at low- funds appropriated specifically for special pation. The Council of Great City Schools,

VerDate 12-OCT-99 05:42 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00093 Fmt 7634 Sfmt 9920 E:\CR\FM\A21OC7.074 pfrm02 PsN: H21PT1 H10708 CONGRESSIONAL RECORD — HOUSE October 21, 1999 which represents the country's largest and In short, this legislation is a thinly veiled (b) LOCAL INPUT.—States shall provide par- most diverse public schools, strongly opposes step in the Republican party's assault on our ents, teachers, and local schools and districts H.R. 2300: public education system. I urge my colleagues notice and opportunity to comment on any pro- posed performance agreement prior to submis- The bill repeals from current law virtually to support all children's rights to quality public sion to the Secretary as provided under general all critical local decision-making authority education regardless of their economic means State law notice and comment provisions. regarding the use and focus of the super flex by opposing this very bad bill. (c) APPROVAL OF PERFORMANCE AGREE- funding, allowing the States to dictate local Mr. PACKARD. Mr. Chairman, I would like MENT.—A performance agreement submitted to uses of funds based upon their political judg- to encourage my colleagues to support H.R. the Secretary under this section shall be consid- ment at the moment . . . [It allows] . . . the 2300, the Academic Achievement for All Act ered as approved by the Secretary within 60 State’s chosen priority, to the exclusion of (Straight A's). I believe that the era of one- days after receipt of the performance agreement local school district priorities such as read- unless the Secretary provides a written deter- ing, math, science, or special needs children. size-fits-all federal education regulations is a mination to the State that the performance A state could decide to use all these federal relic of the past. Across America we see suc- agreement fails to satisfy the requirements of funds for private school vouchers, if allowed cess stories in schools that have been em- this Act before the expiration of the 60-day pe- under State law. powered to make their own decisions without riod. The public wants us to improve education. federal interference. Educating children does (d) TERMS OF PERFORMANCE AGREEMENT.— They want us to promote high academic not work with a ``one-size-fits-all'' approach. Each performance agreement executed pursuant Teachers in local classrooms understand chil- to this Act shall include the following provi- standards for all children, reduce class size, sions: target resources to children with the greatest dren better than anyone in Washington. (1) TERM.—A statement that the term of the need, and enhance public accountability and Straight A's would allow schools to spend performance agreement shall be 5 years. oversight. federal education dollars on the things that will (2) APPLICATION OF PROGRAM REQUIRE- This bill shamefully abandons these stand- most improve America's education programs, MENTS.—A statement that no program require- ards and our commitment to education, and rather than leaving these decisions up to a ments of any program included by the State in Washington bureaucrats. With this legislation the performance agreement shall apply, except leaves disadvantaged schools and school chil- as otherwise provided in this Act. dren to fend for themselves. schools can establish accountability, hire new (3) LIST.—A list provided by the State of the I urge all of my colleagues to vote against teachers, and provide better facilitiesÐall programs that it wishes to include in the per- H.R. 2300. under local control. formance agreement. Mr. MORAN of Virginia. Mr. Chairman, I rise Mr. Chairman, I support accountability and (4) USE OF FUNDS TO IMPROVE STUDENT in strong opposition to this legislation. This bill local control in education. Let's give parents ACHIEVEMENT.—A 5-year plan describing how is the very height of hypocrisy. and educators more control over our children's the State intends to combine and use the funds This legislation comes from a party who future. I urge my colleagues to support the from programs included in the performance agreement to advance the education priorities of tried to eliminate the U.S. Department of Edu- Academic Achievement for All Act. the State, improve student achievement, and cation in 1995. The CHAIRMAN. All time for general narrow achievement gaps between students. This is the same party who is proposing debate has expired. (5) ACCOUNTABILITY REQUIREMENTS.—If a $1.3 billion in cuts to priority education funding Pursuant to the rule, the committee State includes any part of title I of the Elemen- for this fiscal year. amendment in the nature of a sub- tary and Secondary Education Act of 1965 in its These are the same people who have a two stitute printed in the bill, modified by performance agreement, the State shall include tiered agenda for federal education programs: the amendments printed in part A of a certification that the State has done the fol- House Report 106–408, is considered as lowing: to block grant programs and then cut the block (A)(i) developed and implemented the chal- grants. They may offer these proposals under an original bill for the purpose of lenging State content standards, challenging the guise of education reform, and reducing amendment, and is considered read. State student performance standards, and federal oversight of education, but don't be The text of the committee amend- aligned assessments described in section 1111(b) fooled. ment in the nature of a substitute, as of the Elementary and Secondary Education Act This bill represents a fundamental lack of modified, is as follows: of 1965; or understanding the purpose of the important H.R. 2300 (ii) developed and implemented a system to measure the degree of change from one school federal role in education. The federal role is Be it enacted by the Senate and House of Rep- year to the next in student performance; resentatives of the United States of America in not at all what the proponents of the so called (B) developed and is implementing a statewide Congress assembled, Academic Achievement for All Act would have accountability system that has been or is rea- you believe. SECTION 1. SHORT TITLE. sonably expected to be effective in substantially The federal role is not to dictate specific This Act may be cited as the ‘‘Academic increasing the numbers and percentages of all standards or some sinister plot to take over Achievement for All Act (Straight A’s Act)’’. students who meet the State’s proficient and ad- our local schools. The U.S. Department of SEC. 2. PURPOSE. vanced levels of performance; The purpose of this Act is to create options for (C) established a system under which assess- Education doesn't want control over our local States and communities— ment information may be disaggregated within schools as some members would have you (1) to improve the academic achievement of all each State, local educational agency, and believe. students, and to focus the resources of the Fed- school by each major racial and ethnic group, The federal role in education is to meet eral Government upon such achievement; gender, English proficiency status, migrant sta- needs and build capacity in areas that are not (2) to improve teacher quality and subject tus, and by economically disadvantaged stu- met by state and local funding. Their role is an matter mastery, especially in math, reading, and dents as compared to students who are not eco- important one to recognize these areas of science; nomically disadvantaged (except that such (3) to empower parents and schools to effec- disaggregation shall not be required in cases in unmet needs from their unique national per- tively address the needs of their children and spective. The Department is able to take a which the number of students in any such group students; is insufficient to yield statistically reliable infor- small investment and target it effectively to (4) to give States and communities maximum mation or would reveal the identity of an indi- these areas of need where the funds can truly freedom in determining how to boost academic vidual student); make a difference. achievement and implement education reforms; (D) established specific, measurable, numer- Proponents of the Academic Achievement (5) to eliminate Federal barriers to imple- ical performance objectives for student achieve- for All Act would eviscerate states and local- menting effective State and local education pro- ment, including a definition of performance con- grams; sidered to be proficient by the State on the aca- ities from their responsibility to target funds to (6) to hold States and communities account- our most needy young students; and they plan demic assessment instruments described under able for boosting the academic achievement of subparagraph (A); to do this without meaningful accountability all students, especially disadvantaged children; (E) developed and implemented a statewide measures. and system for holding its local educational agencies The Academic Achievement for All Act is a (7) to narrow achievement gaps between the and schools accountable for student perform- misguided attempt to hand virtually all funding lowest and highest performing groups of stu- ance that includes— for federal education programs over to the dents so that no child is left behind. (i) a procedure for identifying local edu- states to decide how to spend this money. SEC. 3. PERFORMANCE AGREEMENT. cational agencies and schools in need of im- (a) PROGRAM AUTHORIZED.—Not more than 10 Historically, I am sorry to say, states and lo- provement, using the assessments described States may, at their option, execute a perform- under subparagraph (A); calities have often not stepped up to the plate ance agreement with the Secretary under which (ii) assisting and building capacity in local in their responsibility to address funding dis- the provisions of law described in section 4(a) educational agencies and schools identified as parities for schools in disadvantaged commu- shall not apply to such State except as other- in need of improvement to improve teaching and nities. wise provided in this Act.’’. learning; and

VerDate 12-OCT-99 05:01 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00094 Fmt 7634 Sfmt 6333 E:\CR\FM\A21OC7.094 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10709 (iii) implementing corrective actions after no (1) certify that it has developed a system to permitted by State law of the participating more than 3 years if the assistance and capacity measure the academic performance of all stu- State. building under clause (ii) is not effective. dents; and SEC. 5. WITHIN-STATE DISTRIBUTION OF FUNDS. (6) PERFORMANCE GOALS.— (2) establish challenging academic perform- (a) IN GENERAL.—The distribution of funds (A) STUDENT ACADEMIC ACHIEVEMENT.—Each ance goals for such other programs using aca- from programs included in a performance agree- State shall establish annual student perform- demic assessment data described in paragraph ment from a State to a local educational agency ance goals for the 5-year term of the perform- (5). within the State shall be determined by the Gov- ance agreement that, at a minimum— (f) AMENDMENT TO PERFORMANCE AGREE- ernor of the State and the State legislature. In (i) establish a single high standard of perform- MENT.—A State may submit an amendment to a State in which the constitution or State law ance for all students; the performance agreement to the Secretary designates another individual, entity, or agency (ii) take into account the progress of students under the following circumstances: to be responsible for education, the allocation of from every local educational agency and school (1) REDUCE SCOPE OF PERFORMANCE AGREE- funds from programs included in the perform- in the State; MENT.—Not later than 1 year after the execution ance agreement from a State to a local edu- (iii) are based primarily on the State’s chal- of the performance agreement, a State may cational agency within the State shall be deter- lenging content and student performance stand- amend the performance agreement through a re- mined by that individual, entity, or agency, in ards and assessments described under para- quest to withdraw a program from such agree- consultation with the Governor and State Legis- graph (5)(A); ment. If the Secretary approves the amendment, (iv) include specific annual improvement goals lature. Nothing in this section shall be con- the requirements of existing law shall apply for in each subject and grade included in the State strued to supersede or modify any provision of a any program withdrawn from the performance assessment system, which must include, at a State constitution or State law. agreement. minimum, reading or language arts and math; (b) LOCAL INPUT.—States shall provide par- (2) EXPAND SCOPE OF PERFORMANCE AGREE- (v) compares the proportions of students at ents, teachers, and local schools and districts MENT.—Not later than 1 year after the execution the ‘‘basic’’, ‘‘proficient’’, and ‘‘advanced’’ lev- notice and opportunity to comment on the pro- els of performance (as defined by the State) with of the performance agreement, a State may amend its performance agreement to include ad- posed allocation of funds as provided under the proportions of students at each of the 3 lev- general State law notice and comment provi- els in the same grade in the previous school ditional programs and performance indicators for which it will be held accountable. sions. year; (c) LOCAL HOLD HARMLESS OF PART A TITLE (vi) includes annual numerical goals for im- (3) APPROVAL OF AMENDMENT.—An amend- 1 FUNDS.— proving the performance of each group specified ment submitted to the Secretary under this sub- (1) IN GENERAL.—In the case of a State that in paragraph (5)(C) and narrowing gaps in per- section shall be considered as approved by the includes part A of title I of the Elementary and formance between the highest and lowest per- Secretary within 60 days after receipt of the Secondary Education Act of 1965 in the perform- forming students in accordance with section amendment unless the Secretary provides a writ- ance agreement, the agreement shall provide an 10(b); and ten determination to the State that the perform- (vii) requires all students in the State to make ance agreement if amended by the amendment assurance that each local educational agency substantial gains in achievement. would fail to satisfy the requirements of this shall receive under the performance agreement (B) ADDITIONAL INDICATORS OF PERFORM- Act, before the expiration of the 60-day period. an amount equal to or greater than the amount ANCE.—A State may identify in the performance SEC. 4. ELIGIBLE PROGRAMS. such agency received under part A of title I of such Act in the fiscal year preceding the fiscal agreement any additional indicators of perform- (a) ELIGIBLE PROGRAMS.—The provisions of ance such as graduation, dropout, or attend- law referred to in section 3(a) except as other- year in which the performance agreement is exe- ance rates. wise provided in subsection (b), are as follows: cuted. (C) CONSISTENCY OF PERFORMANCE MEAS- (1) Part A of title I of the Elementary and Sec- (2) PROPORTIONATE REDUCTION.—If the URES.—A State shall maintain, at a minimum, ondary Education Act of 1965. amount made available to the State from the the same level of challenging State student per- (2) Part B of title I of the Elementary and Sec- Secretary for a fiscal year is insufficient to pay formance standards and assessments throughout ondary Education Act of 1965. to each local educational agency the amount the term of the performance agreement. (3) Part C of title I of the Elementary and Sec- made available under part A of title I of the Ele- (7) FISCAL RESPONSIBILITIES.—An assurance ondary Education Act of 1965. mentary and Secondary Education Act of 1965 that the State will use fiscal control and fund (4) Part D of title I of the Elementary and to such agency for the preceding fiscal year, the accounting procedures that will ensure proper Secondary Education Act of 1965. State shall reduce the amount each local edu- disbursement of, and accounting for, Federal (5) Part B of title II of the Elementary and cational agency receives by a uniform percent- funds paid to the State under this Act. Secondary Education Act of 1965. age. (8) CIVIL RIGHTS.—An assurance that the (6) Section 3132 of title III of the Elementary SEC. 6. LOCAL PARTICIPATION. State will meet the requirements of applicable and Secondary Education Act of 1965. (a) NONPARTICIPATING STATE.— Federal civil rights laws. (7) Title IV of the Elementary and Secondary (9) PRIVATE SCHOOL PARTICIPATION.— (1) IN GENERAL.—If a State chooses not to sub- Education Act of 1965. (A) EQUITABLE PARTICIPATION.—An assurance mit a performance agreement under this Act, (8) Title VI of the Elementary and Secondary that the State will provide for the equitable par- any local educational agency in such State is el- Education Act of 1965. ticipation of students and professional staff in igible, at its option, to submit to the Secretary a (9) Section 307 of the Department of Edu- private schools. performance agreement in accordance with this cation Appropriation Act of 1999. (B) APPLICATION OF BYPASS.—An assurance section. (10) Comprehensive school reform programs as that sections 14504, 14505, and 14506 of the Ele- (2) AGREEMENT.—The terms of a performance mentary and Secondary Education Act of 1965 authorized under section 1502 of the Elementary agreement between an eligible local educational (20 U.S.C. 8894, 8895, and 8896) shall apply to all and Secondary Education Act of 1965 and de- agency and the Secretary shall specify the pro- services and assistance provided under this Act scribed on pages 96–99 of the Joint Explanatory grams to be included in the performance agree- in the same manner as they apply to services Statement of the Committee of Conference in- ment, as agreed upon by the State and the agen- and assistance provided in accordance with sec- cluded in House Report 105–390 (Conference Re- cy, from the list under section 4(a). port on the Departments of Labor, Health and tion 14503 of such Act. (b) STATE APPROVAL.—When submitting a per- Human Services, and Education, and Related (10) STATE FINANCIAL PARTICIPATION.—An as- formance agreement to the Secretary, an eligible Agencies Appropriations Act, 1998). surance that the State will not reduce the level local educational agency described in subsection (11) Part C of title VII of the Elementary and of spending of State funds for elementary and (a) shall provide written documentation from Secondary Education Act of 1965. secondary education during the term of the per- the State in which such agency is located that (12) Title III of the Goals 2000: Educate Amer- formance agreement. it has no objection to the agency’s proposal for ica Act. (11) ANNUAL REPORT.—An assurance that not a performance agreement. later than 1 year after the execution of the per- (13) Sections 115 and 116, and parts B and C (c) APPLICATION.— formance agreement, and annually thereafter, of title I of the Carl D. Perkins Vocational (1) IN GENERAL.—Except as provided in this each State shall disseminate widely to parents Technical Education Act. section, and to the extent applicable, the re- and the general public, submit to the Secretary, (14) Subtitle B of title VII of the Stewart B. quirements of this Act shall apply to an eligible distribute to print and broadcast media, and McKinney Homeless Assistance Act. local educational agency that submits a per- post on the Internet, a report that includes— (b) ALLOCATIONS TO STATES.—A State may formance agreement in the same manner as the (A) student academic performance data, choose to consolidate funds from any or all of requirements apply to a State. disaggregated as provided in paragraph (5)(C); the programs described in subsection (a) without and regard to the program requirements of the provi- (2) EXCEPTIONS.—The following provisions (B) a detailed description of how the State has sions referred to in such subsection, except that shall not apply to an eligible local educational used Federal funds to improve student academic the proportion of funds made available for na- agency: performance and reduce achievement gaps to tional programs and allocations to each State (A) WITHIN STATE DISTRIBUTION FORMULA NOT meet the terms of the performance agreement. for State and local use, under such provisions, APPLICABLE.—The formula for the allocation of (e) SPECIAL RULE.—If a State does not include shall remain in effect unless otherwise provided. funds under section 5 shall not apply. any part of title I of the Elementary and Sec- (c) USES OF FUNDS.—Funds made available (B) STATE SET ASIDE SHALL NOT APPLY.—The ondary Education Act of 1965 in its performance under this Act to a State shall be used for any State set aside for administrative funds in sec- agreement, the State shall— elementary and secondary educational purposes tion 7 shall not apply.

VerDate 12-OCT-99 05:01 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00095 Fmt 7634 Sfmt 6333 E:\CR\FM\A21OC7.092 pfrm02 PsN: H21PT1 H10710 CONGRESSIONAL RECORD — HOUSE October 21, 1999 SEC. 7. LIMITATIONS ON STATE AND LOCAL EDU- the conditions set forth in subsection (b) by the mentary and Secondary Education Act of 1965 CATIONAL AGENCY ADMINISTRATIVE end of their 5-year performance agreement. (20 U.S.C. 8801). EXPENDITURES. (2) REWARD AMOUNT.—The amount of the re- (4) SECRETARY.—The term ‘‘Secretary’’ means (a) IN GENERAL.—Except as otherwise pro- ward referred to in paragraph (1) shall be not the Secretary of Education. vided under subsection (b), a State that includes less than 5 percent of funds allocated to the (5) STATE.—The term ‘‘State’’ means each of part A of title I of the Elementary and Sec- State during the first year of the performance the 50 States, the District of Columbia, the Com- ondary Education Act of 1965 in the perform- agreement for programs included in the agree- monwealth of Puerto Rico, Guam, the United ance agreement may use not more than 1 per- ment. States Virgin Islands, the Commonwealth of the cent of such total amount of funds allocated to (b) CONDITIONS OF PERFORMANCE REWARD.— Northern Mariana Islands, and American such State under the programs included in the Subject to paragraph (3), a State is eligible to re- Samoa. performance agreement for administrative pur- ceive a reward under this section as follows: SEC. 17. EFFECTIVE DATE. poses. (1) A State is eligible for such an award if the This Act shall take effect with respect to (b) EXCEPTION.—A State that does not include State reduces by not less than 25 percent, over funds appropriated for the fiscal year beginning part A of title I of the Elementary and Sec- the 5-year term of the performance agreement, October 1, 2000. ondary Education Act of 1965 in the perform- the difference between the percentage of highest ance agreement may use not more than 3 per- and lowest performing groups of students that The CHAIRMAN. No amendment to cent of the total amount of funds allocated to meet the State’s definition of ‘‘proficient’’ as that amendment shall be in order ex- such State under the programs included in the referenced in section 1111(b)(1)(D)(i)(II) of the cept those printed in part B of that re- performance agreement for administrative pur- Elementary and Secondary Education Act of port. Each amendment may be offered poses. 1965. only in the order printed in the report, (c) LOCAL EDUCATIONAL AGENCY.—A local (2) A State is eligible for such an award if a may be offered only by a Member des- educational agency participating in this Act State increases the proportion of 2 or more ignated in the report, shall be consid- under a performance agreement under section 6 groups of students under section 3(d)(5)(C) that ered read, debatable for the time speci- may not use for administrative purposes more meet State proficiency standards by 25 percent. than 4 percent of the total amount of funds allo- (3) A State shall receive such an award if the fied in the report, equally divided and cated to such agency under the programs in- following requirements are met: controlled by the proponent and an op- cluded in the performance agreement. (A) CONTENT AREAS.—The reduction in the ponent, shall not be subject to amend- SEC. 8. PERFORMANCE REVIEW. achievement gap or approvement in achievement ment, and shall not be subject to a de- (a) MID-TERM PERFORMANCE REVIEW.—If, shall include not less than 2 content areas, one mand for division of the question. during the 5 year term of the performance agree- of which shall be mathematics or reading. The Chairman of the Committee of ment, student achievement significantly declines (B) GRADES TESTED.—The reduction in the the Whole may postpone a request for a for 3 consecutive years in the academic perform- achievement gap or improvement in achievement recorded vote on any amendment and ance categories established in the performance shall occur in at least 2 grade levels. (c) RULE OF CONSTRUCTION.—Student achieve- may reduce to a minimum of 5 minutes agreement, the Secretary may, after notice and the time for voting on any postponed opportunity for a hearing, terminate the agree- ment gaps shall not be considered to have been ment reduced in circumstances where the average question that immediately follows an- (b) FAILURE TO MEET TERMS.—If at the end academic performance of the highest performing other vote, provided that the time for of the 5-year term of the performance agreement quintile of students has decreased. voting on the first question shall be a a State has not substantially met the perform- SEC. 11. STRAIGHT A’S PERFORMANCE REPORT. minimum of 15 minutes. ance goals submitted in the performance agree- The Secretary shall make the annual State re- The Chair understands that amend- ment, the Secretary shall, after notice and an ports described in section 3 available to the ment No. 1 will not be offered. opportunity for a hearing, terminate the per- House Committee on Education and the Work- It is now in order to consider amend- force and the Senate Committee on Health, Edu- formance agreement and the State shall be re- ment No. 2 printed in part B of House quired to comply with the program require- cation, Labor and Pensions not later than 60 ments, in effect at the time of termination, for days after the Secretary receives the report. Report 106–408. each program included in the performance SEC. 12. APPLICABILITY OF TITLE XIV OF THE EL- AMENDMENT NO. 2 OFFERED BY MR. FATTAH agreement. EMENTARY AND SECONDARY EDU- Mr. FATTAH. Mr. Chairman, I offer (c) PENALTY FOR FAILURE TO IMPROVE STU- CATION ACT OF 1965. an amendment. DENT PERFORMANCE.—If a State has made no To the extent that provisions of title XIV of The CHAIRMAN. The Clerk will des- progress toward achieving its performance goals the Elementary and Secondary Education Act of ignate the amendment. 1965 are inconsistent with this Act, this Act by the end of the term of the agreement, the Sec- The text of the amendment is as fol- retary may reduce funds for State administra- shall be construed as superseding such provi- tive costs for each program included in the per- sions. lows: formance agreement by up to 50 percent for each SEC. 13. APPLICABILITY OF GENERAL EDUCATION Amendment No. 2 offered by Mr. FATTAH: year of the 2-year period following the end of PROVISIONS ACT. Page 22, line 20, redesignate section 16 as the term of the performance agreement. To the extent that the provisions of the Gen- section 17 and insert after line 9 the fol- lowing: SEC. 9. RENEWAL OF PERFORMANCE AGREE- eral Education Provisions Act are inconsistent MENT. with this Act, this Act shall be construed as su- SEC. 16. EDUCATIONAL EQUITY. (a) NOTIFICATION.—A State that wishes to perseding such provisions, except where relating (a) EDUCATIONAL EQUITY.—Notstanding any renew its performance agreement shall notify to civil rights, withholdling of funds and en- other provision of this Act, beginning 3 years the Secretary of its renewal request not less forcement authority, and family educational after the date of enactment of this Act no than 6 months prior to the end of the term of the and privacy rights. State shall receive Federal funds for its per- performance agreement. SEC. 14. APPLICABILITY TO HOME SCHOOLS. formance agreement under programs speci- (b) RENEWAL REQUIREMENTS.—A State that Nothing in this Act shall be construed to af- fied in section 4 unless the State certifies an- has met or has substantially met its performance fect home schools whether or not a home school nually to the Secretary that— goals submitted in the performance agreement at is treated as a private school or home school (1) per pupil expenditure in the local edu- the end of the 5-year term may reapply to the under State law. cational agencies in the State are substan- Secretary to renew its performance agreement SEC. 15. GENERAL PROVISIONS REGARDING NON- tially equal, taking into consideration the for an additional 5-year period. Upon the com- RECIPIENT, NON-PUBLIC SCHOOLS. variation in cost of serving pupils with spe- pletion of the 5-year term of the performance Nothing in this Act shall be construed to per- cial needs and the local variation in cost of agreement or as soon thereafter as the State mit, allow, encourage, or authorize any Federal providing education services; or submits data required under the agreement, the control over any aspect of any private, religious, (2) the achievement levels of students on Secretary shall renew, for an additional 5-year or home school, whether or not a home school is reading and mathematics assessments, grad- term, the performance agreement of any State treated as a private school or home school under uation rates, and rates of college-bound stu- that has met or has substantially met its per- State law. dents in the local educational are substan- tially equal to those of the local educational formance goals. SEC. 16. DEFINITIONS. agencies with the highest per pupil expendi- SEC. 10. ACHIEVEMENT GAP REDUCTION RE- For the purpose of this Act: tures. WARDS. (1) ALL STUDENTS.—The term ‘‘all students’’ (b) GUIDELINES.—The Secretary, in con- (a) CLOSING THE GAP REWARD FUND.— means all students attending public schools or sultation with the National Academy of (1) IN GENERAL.—To reward States that make charter schools that are participating in the Sciences, shall develop and publish guide- significant progress in eliminating achievement State’s accountability and assessment system. lines not later than one year after the date gaps by raising the achievement levels of the (2) ALL SCHOOLS.—The term ‘‘all schools’’ of enactment of this Act to define the terms lowest performing students, the Secretary shall means all schools that are participating in the ‘‘substantially equal’’ and ‘‘per pupil expend- set aside sufficient funds from the Fund for the State’s accountability and assessment system. itures.’’ Improvement of Education under part A of title (3) LOCAL EDUCATIONAL AGENCY.—The term X of the Elementary and Secondary Education ‘‘local educational agency’’ has the same mean- The CHAIRMAN. Pursuant to House Act of 1965 to grant a reward to States that meet ing given such term in section 14101 of the Ele- Resolution 338, the gentleman from

VerDate 12-OCT-99 05:01 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.092 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10711

Pennsylvania (Mr. FATTAH) and a Mem- $70,000 more per classroom in a city and that they have a responsibility, a ber opposed each will control 10 min- district versus a suburban district, we constitutional responsibility, to pro- utes. can cut the class size in half in that vide them an equitable education. The Chair recognizes the gentleman city district. I want to thank the Chair. I want to from Pennsylvania (Mr. FATTAH). We talk about school construction. thank the ranking member of my com- Mr. FATTAH. Mr. Chairman, I yield Where are the school buildings falling mittee and the chairman of the full myself such time as I may consume. apart? Are they falling apart in the dis- committee. Mr. Chairman, I rise to offer an tricts where we are spending in some Mr. Chairman, I reserve the balance amendment that I will offer to every States, like in Texas, $20,000 per pupil, of my time. education bill that I have the oppor- or are they falling apart in the State of The CHAIRMAN. Does the gentleman tunity to offer this amendment to, be- Texas in the districts where we are from Pennsylvania (Mr. GOODLING) cause I think that this is the funda- spending $2,500 per pupil? claim time in opposition? mental issue that needs to be addressed School construction, class size, tech- Mr. GOODLING. Mr. Chairman, I do. in our country. If tomorrow the Fed- nology in the classroom, all of these Mr. Chairman, I yield 4 minutes to eral Government did not put a penny issues get back to the fundamental the gentleman from Indiana (Mr. into education or if we doubled our ap- question, and that is, are States going MCINTOSH). propriations, we need State govern- to even the playing field? Mr. MCINTOSH. Mr. Chairman, I ments to provide an equal playing field Now, we can wait for State courts to thank the gentleman from Pennsyl- for children in their States. There is no act, and we can acknowledge even the vania (Mr. GOODLING) for yielding me excuse in America today for us to be action now that is starting to take this time. spending three times as much on one hold in Federal court, when the State Mr. Chairman, I rise in opposition to first grader in a public school 30 min- of Kansas, dozens of school districts this amendment, although let me say I utes away from a public school in got together in rural Kansas and filed a am in a great deal of sympathy to the which we are spending a third less. suit that the Justice Department or author’s intent. There are some prob- We have that situation in my home the Federal Government has just added lems that I am sure he would never in- State. We have it in 49 out of our 50 its voice to as a party to that suit and tend in States like mine where actu- States. We have litigation going on in said they are right; that the funding ally because we have equalized or tried close to 40 States in our country, where system in Kansas discriminates against to equalize the formula in a declining literally almost a thousand school dis- poor children in rural Kansas. population in some of our inner cities tricts, mostly rural and urban dis- Look at the situation in New York it could inadvertently actually take tricts, have been fighting in State State where the disparity is a great funds away from them. I know he did courts, in some cases for decades, for one. We have now had the Justice De- not intend that. relief. We have seen the Supreme Court partment add its voice to that suit. Or Let me speak for a few minutes on of Ohio, we have seen action in the New the Congress could act; not in forcing the importance of this bill, because I Jersey court and in Kentucky, we have States to equalize their distribution of am worried that by putting this seen in Michigan courts rule these school aid but using as a carrot Federal amendment into it it would put too property tax-based school systems un- aid to encourage States to move in much freight into what we are trying constitutional. We have seen the rul- that direction. to accomplish, and I think the under- ings in New Hampshire and in Vermont My amendment, simply put, states lying goals of this bill are so critical where they ruled them unconstitu- that States would have 3 years to move for making our education system the tional, where the Court has stepped in towards a substantially equal per-pupil best it can possibly be in this Nation. to say that children should be given a expenditure. It would help rural dis- For 3 decades, the Federal Govern- fair opportunity and that there is noth- tricts. It would help urban districts. ment has been sending money to the ing so cosmically special about one For the wealthiest districts in our States through scores of Washington- child as another that we should be States, I would say today it would help based programs; but all the studies, the spending twice as much or three times those districts because we cannot have evaluations, the reports, show little or as much on one kid’s education than a country where some of the children no academic benefit. Straight A’s another. I ask my colleagues to begin to con- have everything in the world to look would reverse this unfortunate situa- sider a country in which we gave every forward to and others have very little tion by focusing on the Federal Gov- young person an equal opportunity, to look forward to. That is an explosive ernment’s efforts on academic results where we eliminated this circumstance mix that, going into the next century, instead of rules and regulations. in which we have in many of our dis- does not bode well. I want to share with my colleagues a tricts young people who are not given We have books in the school libraries letter that I received from a principal the books, nor the teachers, nor the in Philadelphia, and this was played on in Delta Middle School in Muncie, near technology. They are not offered the ABC News Tonight and we should all be Muncie, Indiana, from Patrick Mapes. curriculum in order for them to embarrassed because Philadelphia is ‘‘The monies given to schools have achieve. Yet we come and we try to put the birthplace of this country of ours, such strict guidelines that it cannot be a Band-Aid on it, either through Title that say that Gerald Ford is the last used where it is needed most. The pov- I or through AAA. The 6 or 7 pennies President of the United States. We erty, diversity in a corporation like out of every dollar that is spent by the have a book in one of our schools that ours has students participating in dif- Federal Government is never going to says Nelson Mandela died in prison 15 ferent title programs at the elemen- deal with the disparity that exists in years ago. We have books that do not tary grades and then they are left with our States, which ranges from a thou- represent any of the knowledge that is no support once they come to the mid- sand dollars per pupil, to in many currently part of the educational sys- dle school, because our corporation on States $5,000 and $6,000; and in one of tem that we would want. We have a whole would not qualify. The first Fed- our States the disparity is $8,000 be- chemistry lab in Chicago in which eral regulation that hinders schools is tween what is being spent in the poor- there is no equipment at all, 30 min- the amount of restrictions on how to est school district per pupil and what is utes from a school that has everything spend monies that you are qualified to being spent in the wealthiest. we could ever want for our children. receive. We know our needs and need Now tonight, I am not sure that the We need to think about these dispari- the flexibility to fund and address votes will add up for this amendment ties, think about giving young people a these needs.’’ that I offer, but I promise that this fair chance. If we want to give States Patrick Mapes is a dedicated prin- Congress will not be able to skirt this more flexibility, if we think States cipal. He wants to do what is right and issue, because every single opportunity have these rights, let us have States be what is best for the children in his I am going to raise it. I think it is crit- more responsible. Let us have them school. Straight A’s will give the ical to the debate. take the dollars that they are now States the option to implement initia- We talk class size. Well, class size is spending and give an equal playing tives that work according to what they a function of money. If we are spending field to the children that we represent need, as well as help raise the academic

VerDate 12-OCT-99 05:01 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.189 pfrm02 PsN: H21PT1 H10712 CONGRESSIONAL RECORD — HOUSE October 21, 1999 standards, improve teacher quality, re- of them are concentrated in our poor- their families or their community duce class size, end social promotion, est school districts.’’ when, in reality, what we have is a sys- and put technology in the classroom. Mr. Chairman, our poorest school dis- tem in which, in the poorest districts, I visited a school in inner-city Indi- tricts have the greatest concentration in the most disadvantaged cir- anapolis, School 109, that 3 years ago of bus stop teachers, ancient text- cumstances, in urban and rural Amer- had only 12 percent of its students books, and dilapidated buildings. As a ica, the State governments, with the passing the Indiana standard test on matter of fact, I have been in school flexibility that they have, have decided math and English. This last year they buildings where a Federal judge would that the poorest kids need to get the had 77 percent of their children pass. not let us keep prisoners in that build- least amount of resources. Time after They were an inner-city school, just ing. I know because we had to close time, in 49 States, that is the story, below the 50 percent poverty-wide down our jail in Flint, Michigan, be- not just in Democratic districts, but in threshold. cause a Federal judge said it was unfit Republican districts. I went in and I asked, what hap- for human habitation. Yet, that jail is In Pennsylvania, 216 rural school dis- pened? They told me the principal had in much better shape than many of the tricts filed suit years ago challenging given the teachers the flexibility to do school buildings that I have been in in our funding system. We have seen these what they needed in their classroom. our poor school districts. suits in Kentucky and all across the He started by giving them keys to the We need some type of equalization. land. school so they could come in after We have to try to address that and en- I am suggesting that the Congress hours and work, or on Saturdays and courage the States to do that. use the carrot of Federal dollars to in- work. Mr. FATTAH. Mr. Chairman, I yield 1 sist that States create a more equal I about fell out of my chair when minute to the gentleman from Wis- playing field. I hope that my col- they told me the previous principal had consin (Mr. BARRETT). leagues would support this amendment. not given them a key and from 3:00 to Mr. BARRETT of Wisconsin. Mr. I will guarantee to my colleagues this 8:00 they were in the building, and then Chairman, I would like to praise the amendment will be before us again. they were locked out and could not gentleman from Pennsylvania (Mr. Mr. GOODLING. Mr. Chairman, I come in and prepare for their students. FATTAH) for this amendment. yield myself the balance of the time. Then the principal backed them up We have heard during the course of Mr. Chairman, first of all, I want to and told the teachers when they get this argument today on this bill and say that, in the State of Pennsylvania, into problems with the parents, he will other bills that we are throwing too we have the best equalization formula be there with them. much money at education, that it does for the basic education grants that any The teachers decided they wanted to not matter how much we spend per State has had, and we have had it for pool their extra money and instead of child, that there are other factors at years and years and years. Where the getting two teachers aides which would play. litigation is, and I agree with the gen- have helped two of them, they pooled it Well, this amendment really tests tleman from Pennsylvania (Mr. together and got one more teacher, ef- that theory. Because if it does not mat- FATTAH) it should be, is in the special fectively reducing their class size. ter how much we spend on education, programs where their equalization is This is a microcosm of how flexi- let us split it. Let us split it evenly. not proper, and that is where it is. bility could work, backed up by good Then we do not have to argue who is But I also want the City of Brotherly administration, backed up by senior getting too much. Love to step up to the plate. I hate to teachers who were frankly embarrassed What we hear time and time again is use that term after, I am assuming, when only 12 percent of their students people sort of patting us on the shoul- that all of those people at that football knew math and English at the third der, saying it does not matter how game were from Maryland and from grade level, and they got the job done. much one spends per child, there are New Jersey and from Delaware who are They still have the same mix. They other factors at play. But if we look at clapping and cheering when someone is have a lot of minority students. They their school district, they are spending lying on the ground who may never have poor students, but they were able more money per child on their kids. If ever walk again. So I am assuming to transform that school and serve it does not matter how much one they were not from Pennsylvania and those children. spends per student, then there should certainly not from the City of Broth- So I think this bill is critical in let- be no argument against equalizing the erly Love. But we do have the best ting all of our States, we are going to spending. The argument against equali- equalization formula when it comes to start with a test of 10 but eventually I zation comes invariably from people basic grants. hope all of our States, participate in who come from districts where they But let me tell my colleagues some this flexibility, the Straight A’s pro- spend more on their children for learn- other things that are a problem. When gram. As I said at the beginning, I am ing. I began teaching, that equalization for- very, very sympathetic to the author’s Every child in this country is worth mula said that the poor district that I intent of this amendment, but I think the same. Every child in this country taught in got 70 percent of all of their it would put too much freight into the should have the same level of edu- funds from the State. The next district bill, and so I reluctantly would rise in cation. I think the amendment of the where I was principal, they got 30 per- opposition to it. gentleman from Pennsylvania (Mr. cent because they were a much more Mr. FATTAH. Mr. Chairman, I yield FATTAH) goes in that direction. It is a affluent district. Then when I went to 11⁄2 minutes to the gentleman from good amendment. It should be adopted the next school district, which is poor- Michigan (Mr. KILDEE). by the House. er, they got about 50 percent. So the Mr. KILDEE. Mr. Chairman, in my Mr. FATTAH. Mr. Chairman, how equalization formula works out fine for 11⁄2 minutes, I will say this: that one of much time do I have remaining? the basic grant. the problems of the inequities in edu- The CHAIRMAN. The gentleman But look at the amendment. This cation is the disparity among the from Pennsylvania (Mr. FATTAH) has 1 really causes me all sorts of problems. teaching faculty in the various schools. minute remaining. It goes just the opposite direction of Mr. FATTAH. Mr. Chairman, I yield flexibility. It holds States hostage to b 2145 myself such time as I may consume. have equal funding across all school In California, over 30,000 teachers are Mr. Chairman, let me try to conclude districts or have equal test scores not certified or are teaching out of by saying that the public may have the across all school districts. their field. During field hearings that impression that this is kind of like the Now, the gentleman from Pennsyl- we had in North Carolina recently, I golden arches at McDonald’s where, all vania (Mr. FATTAH) knows I do not care asked one of the educational officials across the country, public schools are whether Upper Saint Claire has $9,000 of the State what percentage of teach- the same and the same inputs; and, per student or $5,000 per student. There ers there in that State were not cer- therefore, any time there is a disparity are not many districts in my school tified or were teaching out of their of outputs, it has something to do with district that are going to compete with field. He replied, ‘‘Too many, and most the individual children involved or Upper Saint Claire. Every parent has a

VerDate 12-OCT-99 05:01 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.190 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10713 master’s degree or a Ph.D. I am not Conyers Kanjorski Peterson (MN) McHugh Regula Stearns Costello Kennedy Phelps McInnis Reynolds Stump that fortunate, and so it would not Coyne Kildee Pomeroy McIntosh Riley Sununu matter what I did. I am not going to be Cramer Kilpatrick Price (NC) McKeon Rogan Sweeney able to compete, I will guarantee my Crowley Kind (WI) Rahall Metcalf Rogers Talent colleagues, with Upper Saint Claire. Cummings Kleczka Rangel Mica Rohrabacher Tancredo Danner Klink Reyes Miller (FL) Ros-Lehtinen Tanner But what the amendment does, it Davis (IL) Kucinich Rivers Miller, Gary Roukema Tauzin says it is okay to dumb down. The DeFazio LaFalce Rodriguez Moore Royce Taylor (NC) amendment says, under this amend- DeGette Lampson Roemer Moran (KS) Ryan (WI) Terry ment, one could potentially reward Delahunt Lantos Rothman Moran (VA) Ryun (KS) Thomas DeLauro Larson Roybal-Allard Myrick Sabo Thornberry States that have all their school dis- Deutsch Lee Rush Nethercutt Salmon Thune tricts performing at a low level just as Dicks Levin Sanchez Northup Sanford Thurman long as they are even. A low level. It is Dingell Lewis (GA) Sanders Norwood Saxton Tiahrt Dixon Lofgren Sandlin Nussle Schaffer Toomey fine. Doggett Lowey Sawyer Oberstar Sensenbrenner Turner Well, certainly we do not want that. Dooley Lucas (KY) Schakowsky Ose Sessions Upton In fact, in Title I, we kept stressing Doyle Luther Scott Oxley Shadegg Vento over and over and over and over again Engel Maloney (NY) Serrano Packard Shaw Vitter Eshoo Martinez Sherman Paul Shays Walden we want every child to achieve way be- Etheridge Matsui Shows Pease Sherwood Walsh yond what they are presently achieving Evans McDermott Slaughter Peterson (PA) Shimkus Wamp and particularly the low-income chil- Farr McGovern Smith (WA) Petri Simpson Watkins Fattah McIntyre Stabenow Pickering Sisisky Watts (OK) dren and the disadvantaged education- Filner McKinney Stark Pickett Skeen Weldon (FL) ally. Foley McNulty Stenholm Pitts Skelton Weller So I would hope that all of our people Ford Meek (FL) Strickland Pombo Smith (MI) Whitfield in the Congress of the United States Frank (MA) Meeks (NY) Stupak Porter Smith (NJ) Wicker Frost Menendez Tauscher Portman Smith (TX) Wilson would understand that we cannot set Gejdenson Millender- Taylor (MS) Pryce (OH) Snyder Wolf an equalization formula from Wash- Gephardt McDonald Thompson (CA) Quinn Souder Young (AK) ington, D.C. Gonzalez Miller, George Thompson (MS) Radanovich Spence Gordon Minge Tierney Ramstad Spratt I was a little worried. I heard some- Green (TX) Mink Towns one say that they have some sympathy Gutierrez Moakley Traficant NOT VOTING—15 for it. Then I realized that one could be Hall (TX) Mollohan Udall (CO) Brady (TX) Lipinski Scarborough governor of a State sometime and one Hastings (FL) Morella Udall (NM) Camp Markey Shuster Hill (IN) Murtha Velazquez Hall (OH) Mascara Weldon (PA) could have some sympathy and, all of a Hilliard Nadler Visclosky Jackson-Lee McCarthy (MO) Young (FL) sudden, discover, hey, one cannot meet Hinchey Napolitano Waters (TX) McCarthy (NY) that equalization formula that we have Hinojosa Neal Watt (NC) Jefferson Meehan Hoeffel Ney Waxman set in Washington, D.C. Holden Obey Weiner b 2214 But under this amendment, as I said, Holt Olver Wexler Messrs. GREENWOOD, MOORE, one could potentially reward dumb Hooley Ortiz Weygand MCHUGH, QUINN, BEREUTER, downing, because all one has to do is Hoyer Owens Wise Inslee Pallone Woolsey SPRATT and Mrs. THURMAN changed make sure that they are performing at Jackson (IL) Pascrell Wu their vote from ‘‘aye’’ to ‘‘no.’’ the same level. Now, no one says what John Pastor Wynn Mr. CLEMENT changed his vote from that level is. That level could be the Johnson, E.B. Payne Jones (OH) Pelosi ‘‘no’’ to ‘‘aye.’’ lowest level possible. So the amendment was rejected. We want every student to achieve NOES—235 The result of the vote was announced more. They can do more. We do not de- Aderholt Cox Hastings (WA) as above recorded. mand enough. We should insist that Archer Crane Hayes Stated against: they do it. But let us not get into the Armey Cubin Hayworth Mr. BRADY of Texas. Mr. Chairman, on roll- business of trying to set an equali- Bachus Cunningham Hefley Baird Davis (FL) Herger call No. 530, I was unavoidably detained. Had zation formula from Washington, D.C. Baker Davis (VA) Hill (MT) I been present, I would have voted ``no.'' It cannot work. It should not work. Ballenger Deal Hilleary The CHAIRMAN. The question is on Therefore, I would hope that every- Barr DeLay Hobson the committee amendment in the na- Barrett (NE) DeMint Hoekstra one would vote against the amend- Bartlett Diaz-Balart Horn ture of a substitute. ment. Barton Dickey Hostettler The committee amendment in the Mr. Chairman, I yield back the bal- Bass Doolittle Houghton nature of a substitute was agreed to. ance of my time. Bateman Dreier Hulshof The CHAIRMAN. Under the rule, the Bereuter Duncan Hunter The CHAIRMAN. The question is on Berkley Dunn Hutchinson Committee rises. the amendment offered by the gen- Berry Edwards Hyde Accordingly, the Committee rose; tleman from Pennsylvania (Mr. Biggert Ehlers Isakson and the Speaker pro tempore (Mr. Bilbray Ehrlich Istook A OOD FATTAH). Bilirakis Emerson Jenkins L H ) having assumed the chair, Mr. The question was taken; and the Bliley English Johnson (CT) PEASE, Chairman of the Committee of Chairman announced that the noes ap- Blunt Everett Johnson, Sam the Whole House on the State of the peared to have it. Boehlert Ewing Jones (NC) Union, reported that that Committee, Boehner Fletcher Kaptur RECORDED VOTE Bonilla Forbes Kasich having had under consideration the bill Mr. FATTAH. Mr. Chairman, I de- Bono Fossella Kelly (H.R. 2300) to allow a State to combine Boyd Fowler King (NY) certain funds to improve the academic mand a recorded vote. Bryant Franks (NJ) Kingston A recorded vote was ordered. Burr Frelinghuysen Knollenberg achievement of all its students, pursu- The vote was taken by electronic de- Burton Gallegly Kolbe ant to House Resolution 338, he re- vice, and there were—ayes 183, noes 235, Buyer Ganske Kuykendall ported the bill back to the House with Callahan Gekas LaHood an amendment adopted by the Com- not voting 15, as follows: Calvert Gibbons Largent [Roll No. 530] Campbell Gilchrest Latham mittee of the Whole. Canady Gillmor LaTourette b 2215 AYES—183 Cannon Gilman Lazio Abercrombie Berman Brown (OH) Castle Goode Leach The SPEAKER pro tempore (Mr. Ackerman Bishop Capps Chabot Goodlatte Lewis (CA) LAHOOD). Under the rule, the previous Allen Blagojevich Capuano Chambliss Goodling Lewis (KY) Andrews Blumenauer Cardin Chenoweth-Hage Goss Linder question is ordered. Baldacci Bonior Carson Coble Graham LoBiondo The question is on the committee Baldwin Borski Clay Coburn Granger Lucas (OK) amendment in the nature of a sub- Barcia Boswell Clayton Collins Green (WI) Maloney (CT) stitute. Barrett (WI) Boucher Clement Combest Greenwood Manzullo Becerra Brady (PA) Clyburn Cook Gutknecht McCollum The committee amendment in the Bentsen Brown (FL) Condit Cooksey Hansen McCrery nature of a substitute was agreed to.

VerDate 12-OCT-99 05:54 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.193 pfrm02 PsN: H21PT1 H10714 CONGRESSIONAL RECORD — HOUSE October 21, 1999 The SPEAKER pro tempore. The Mr. Speaker, I urge Members to sup- Etheridge Luther Rush Evans Maloney (CT) Sabo question is on the engrossment and port this motion to recommit. Farr Maloney (NY) Sanchez third reading of the bill. Mr. GOODLING. Mr. Speaker, I rise Fattah Markey Sanders The bill was ordered to be engrossed in opposition to the motion to recom- Filner Martinez Sandlin and read a third time and was read the mit offered by the gentleman from Mis- Forbes Matsui Sawyer Ford McDermott Schakowsky third time. souri (Mr. CLAY). Frank (MA) McGovern Scott MOTION TO RECOMMIT OFFERED BY MR. CLAY Mr. Speaker, I would encourage ev- Frost McIntyre Serrano Mr. CLAY. Mr. Speaker, I offer a mo- eryone to read the bill. They do not Gejdenson McKinney Sherman tion to recommit. Gephardt McNulty Shows have to send the bill back to com- Gonzalez Meek (FL) Sisisky The SPEAKER pro tempore. Is the mittee because what the bill does is ev- Gordon Meeks (NY) Skelton gentleman opposed to the bill? erything the gentleman asks us to do. Green (TX) Menendez Slaughter Mr. CLAY. I am, Mr. Speaker, in its The bill says, as long as they can Gutierrez Millender- Smith (WA) Hastings (FL) McDonald Snyder present form. raise academic achievement, they can The SPEAKER pro tempore. The Hill (IN) Miller, George Spratt improve teacher quality, they can re- Hilliard Mink Stabenow Clerk will report the motion to recom- duce class size, they can end social pro- Hinchey Moakley Stark mit. motion, they can put technology in the Hinojosa Mollohan Stenholm The Clerk read as follows: Hoeffel Moore Strickland classroom. Everything they are talking Holden Moran (VA) Stupak Mr. CLAY moves to recommit the bill H.R. Holt Murtha Tanner 2300 to the Committee on Education and the about the bill does. So it does not do any good to send it back to committee Hooley Nadler Tauscher Workforce with instructions to promptly re- Hoyer Napolitano Taylor (MS) port the bill to the House, in a manner that to do what we have already done in the Inslee Neal Thompson (CA) addresses the need to help communities to bill. Jackson (IL) Oberstar Thompson (MS) reduce class size, to modernize our Nation’s What we are saying here is that John Obey Thurman crumbling and overcrowded public schools, every child deserves an opportunity to Johnson, E.B. Olver Tierney and to ensure that the teachers are highly Jones (OH) Ortiz Towns have a quality education. Kanjorski Owens Traficant qualified. I am proud that my side of the aisle Kaptur Pallone Turner The SPEAKER pro tempore. The gen- has put an additional $340 million in Kennedy Pascrell Udall (CO) tleman from Missouri (Mr. CLAY) is Kildee Pastor Udall (NM) recognized for 5 minutes in support of education. I am proud that my side of Kilpatrick Payne Velazquez his motion to recommit. the aisle has increased funding for spe- Kind (WI) Pelosi Vento cial education, something we have Kleczka Peterson (MN) Visclosky Mr. CLAY. Mr. Speaker, this motion Klink Phelps Waters asks that we recommit this bill for the tried to do for years so that we can re- Kucinich Pickett Watt (NC) purpose of addressing the real edu- lieve the pressure on local school dis- LaFalce Pomeroy Waxman cation priorities of parents, of teach- tricts so that they can modernize, so Lampson Price (NC) Weiner that they can reduce class size and do Lantos Rahall Wexler ers, and of local communities. It calls Larson Rangel Weygand for the House to scrap this ill-con- all of those things. Lee Reyes Wise ceived and this misguided bill and pass But all that we have to do in this bill Levin Rivers Woolsey is show that we can raise academic Lewis (GA) Rodriguez Wu legislation to reduce class sizes in the Lofgren Roemer Wynn early grades, to repair crumbling and achievement for all children and we Lowey Rothman overcrowded schools, and to ensure all can do everything the gentleman wants Lucas (KY) Roybal-Allard us to do in this motion to recommit to teachers are fully qualified. NOES—217 Rather than gutting the hard work send back to the committee. Aderholt DeMint Hostettler we accomplished today by passing in- So I encourage everybody to vote Archer Diaz-Balart Houghton creased accountability and targeting of against the motion to recommit. We Armey Dickey Hulshof funds to poor schools, we can build on are doing exactly what he want us to Bachus Doolittle Hunter do. Baker Dreier Hutchinson H.R. 2 by addressing the priorities in Ballenger Duncan Hyde this motion. Reducing class size is one The SPEAKER pro tempore. Without Barr Dunn Isakson of the most important investments we objection, the previous question is or- Barrett (NE) Ehlers Jenkins can make to improve student achieve- dered on the motion to recommit. Bartlett Ehrlich Johnson (CT) Barton Emerson Johnson, Sam ment. There was no objection. Bass English Jones (NC) Last year we made a down payment The SPEAKER pro tempore. The Bateman Everett Kasich to hire 100,000 new teachers by passing question is on the motion to recommit. Bereuter Ewing Kelly the Clinton/Clay Class Size Reduction The question was taken; and the Biggert Fletcher King (NY) Bilbray Foley Kingston Act. Too many of our schools have 30 Speaker pro tempore announced that Bilirakis Fossella Knollenberg or more children pressed desk-to-desk the noes appeared to have it. Bliley Fowler Kolbe Blunt Franks (NJ) Kuykendall in classrooms. This is unacceptable. We RECORDED VOTE all know and studies confirm that chil- Boehlert Frelinghuysen LaHood Mr. CLAY. Mr. Speaker, I demand a Boehner Gallegly Largent dren learn better in small early classes. recorded vote. Bonilla Ganske Latham Today, over one-third of our public A recorded vote was ordered. Bono Gekas LaTourette schools are dilapidated and in need of Brady (TX) Gibbons Lazio The vote was taken by electronic de- replacement or major modernization. Bryant Gilchrest Leach vice, and there were—ayes 201, noes 217, Burr Gillmor Lewis (CA) For years Democrats have been de- not voting 16, as follows: Burton Gilman Lewis (KY) manding action on this urgent edu- Buyer Goode Linder cation priority, but the majority con- [Roll No. 531] Callahan Goodlatte LoBiondo tinues to block action. AYES—201 Calvert Goodling Lucas (OK) Campbell Goss Manzullo Abercrombie Boswell Crowley It is a national shame, Mr. Speaker, Canady Graham McCollum Ackerman Boucher Cummings that one of the most hallowed institu- Castle Granger McCrery Allen Boyd Danner Chabot Green (WI) McHugh tions in our Nation, the public school- Andrews Brady (PA) Davis (FL) Chambliss Greenwood McInnis Baird Brown (FL) Davis (IL) house, has been allowed to fall into Chenoweth-Hage Gutknecht McIntosh Baldacci Brown (OH) DeFazio such disrepair. We think our children Coble Hall (TX) McKeon Baldwin Capps DeGette Coburn Hansen Metcalf deserve the right to attend schools in a Barcia Capuano Delahunt Collins Hastert Mica safe, well-maintained building that is Barrett (WI) Cardin DeLauro Combest Hastings (WA) Miller (FL) Becerra Carson Deutsch capable of using modern educational Cook Hayes Miller, Gary Bentsen Clay Dicks technology. Cooksey Hayworth Moran (KS) Berkley Clayton Dingell Cox Hefley Morella The Rangel school modernization bill Berman Clement Dixon Crane Herger Myrick helps communities address this urgent Berry Clyburn Doggett Cubin Hill (MT) Nethercutt Bishop Condit Dooley priority by allowing the issuance of in- Cunningham Hilleary Ney Blagojevich Conyers Doyle terest-free bonds. We should act now to Davis (VA) Hobson Northup Blumenauer Costello Edwards Deal Hoekstra Norwood pass the Rangel school construction Bonior Coyne Engel DeLay Horn Nussle bill. Borski Cramer Eshoo

VerDate 12-OCT-99 05:54 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.198 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10715 Ose Ryan (WI) Tancredo Hostettler Moran (KS) Shaw Slaughter Taylor (MS) Visclosky Oxley Ryun (KS) Tauzin Houghton Myrick Shays Smith (WA) Thompson (CA) Waters Packard Salmon Taylor (NC) Hulshof Nethercutt Sherwood Snyder Thompson (MS) Watt (NC) Paul Sanford Terry Hunter Northup Shimkus Spratt Thurman Waxman Pease Saxton Thomas Hutchinson Norwood Shows Stabenow Tierney Weiner Peterson (PA) Schaffer Thornberry Hyde Nussle Simpson Stark Towns Wexler Petri Sensenbrenner Thune Isakson Ose Skeen Stenholm Traficant Weygand Pickering Sessions Tiahrt Istook Oxley Smith (MI) Strickland Turner Wise Pitts Shadegg Toomey Jenkins Packard Smith (NJ) Stupak Udall (CO) Woolsey Pombo Shaw Upton Johnson, Sam Paul Smith (TX) Sweeney Udall (NM) Wu Porter Shays Vitter Jones (NC) Pease Souder Tanner Velazquez Wynn Portman Sherwood Walden Kasich Peterson (PA) Spence Tauscher Vento Pryce (OH) Shimkus Walsh Kelly Petri Stearns Quinn Simpson Wamp King (NY) Pickering Stump NOT VOTING—13 Radanovich Skeen Watkins Kingston Pitts Sununu Camp Lipinski Scarborough Ramstad Smith (MI) Watts (OK) Knollenberg Pombo Talent Hall (OH) Mascara Shuster Regula Smith (NJ) Weldon (FL) Kolbe Porter Tancredo Jackson-Lee McCarthy (MO) Weldon (PA) Reynolds Smith (TX) Weller Kuykendall Portman Tauzin (TX) McCarthy (NY) Young (FL) Riley Souder Whitfield LaHood Pryce (OH) Taylor (NC) Jefferson Meehan Rogan Spence Wicker Largent Radanovich Terry Rogers Stearns Wilson Latham Ramstad Thomas b 2256 Rohrabacher Stump Wolf LaTourette Regula Thornberry Ros-Lehtinen Sununu Young (AK) Lazio Reynolds Thune So the bill was passed. Roukema Sweeney Leach Riley Tiahrt The result of the vote was announced Royce Talent Lewis (CA) Rogan Toomey as above recorded. Lewis (KY) Rogers Upton A motion to reconsider was laid on NOT VOTING—16 Linder Rohrabacher Vitter Camp Jefferson Minge LoBiondo Ros-Lehtinen Walden the table. Cannon Lipinski Scarborough Lucas (OK) Roukema Walsh f Hall (OH) Mascara Shuster Manzullo Royce Wamp Istook McCarthy (MO) Weldon (PA) McCollum Ryan (WI) Watkins PERSONAL EXPLANATION Jackson-Lee McCarthy (NY) Young (FL) McCrery Ryun (KS) Watts (OK) (TX) Meehan McInnis Salmon Weldon (FL) Ms. MCCARTHY of Missouri. Mr. Speaker, McIntosh Sanford Weller during rollcall vote Nos. 520ÐJournal vote; b 2238 McKeon Saxton Whitfield 521ÐArmey Amendment; 522ÐPayne Metcalf Schaffer Wicker So the motion to recommit was re- Mica Sensenbrenner Wilson Amendment; 523ÐRoemer Amendment; jected. Miller (FL) Sessions Wolf 524ÐPetri Amendment; 525ÐEhlers Amend- Young (AK) The result of the vote was announced Miller, Gary Shadegg ment; 526ÐH.R. 2; 527Ðon the previous question; 528ÐInterior Conf. Rept.; 529ÐRule as above recorded. NOES—208 H.R. 2300; 530ÐFattah Amendment; 531Ð Stated against: Abercrombie Etheridge McHugh Mr. MINGE. Mr. Speaker, on Rollcall Ackerman Evans McIntyre Recommit; 532ÐH.R. 2300 passage, I was 531 I was in the Chamber with my vot- Allen Farr McKinney unavoidably detained. Had I been present, I ing card in the machine before the vote Andrews Fattah McNulty would have voted 520Ð``yes''; 521Ð``no''; Baird Filner Meek (FL) 522Ð``yes''; 523Ð``yes''; 524Ð``no''; 525Ð was called. I intended to vote ‘‘no.’’ Baldacci Ford Meeks (NY) The SPEAKER pro tempore (Mr. Baldwin Frank (MA) Menendez ``yes''; 526Ð``yes''; 527Ð``no''; 528Ð``no''; LAHOOD). The question is on the pas- Barcia Frost Millender- 529Ð``no''; 530Ð``yes''; 531Ð``yes''; 532Ð Barrett (WI) Gejdenson McDonald ``no''. sage of the bill. Becerra Gephardt Miller, George The question was taken; and the Bentsen Gilman Minge f Speaker pro tempore announced that Berkley Gonzalez Mink LEGISLATIVE PROGRAM the ayes appeared to have it. Berman Gordon Moakley Berry Green (TX) Mollohan (Mr. OBEY asked and was given per- RECORDED VOTE Bishop Gutierrez Moore Blagojevich Hastings (FL) Moran (VA) mission to address the House for 1 Mr. CLAY. Mr. Speaker, I demand a minute.) recorded vote. Blumenauer Hill (IN) Morella Boehlert Hilliard Murtha Mr. OBEY. Mr. Speaker, I asked for 1 A recorded vote was ordered. Bonior Hinchey Nadler minute to inquire about next week’s Borski Hinojosa Napolitano The vote was taken by electronic de- schedule. vice, and there were—ayes 213, noes 208, Boswell Hoeffel Neal Boucher Holden Ney Mr. ARMEY. Mr. Speaker, will the not voting 13, as follows: Boyd Holt Oberstar gentleman yield? [Roll No. 532] Brady (PA) Hooley Obey Brown (FL) Hoyer Olver Mr. OBEY. I yield to the distin- AYES—213 Brown (OH) Inslee Ortiz guished majority leader. Aderholt Chabot Fossella Capps Jackson (IL) Owens Mr. ARMEY. Mr. Speaker, I would Archer Chambliss Fowler Capuano John Pallone like to announce that the previous vote Armey Chenoweth-Hage Franks (NJ) Cardin Johnson (CT) Pascrell Bachus Coble Frelinghuysen Carson Johnson, E.B. Pastor on final passage of the Straight A’s bill Baker Coburn Gallegly Clay Jones (OH) Payne was our last vote for the week. We are Ballenger Collins Ganske Clayton Kanjorski Pelosi continuing to meet on appropriations Barr Combest Gekas Clement Kaptur Peterson (MN) Barrett (NE) Condit Gibbons Clyburn Kennedy Phelps bills, but I do not expect that they will Bartlett Cook Gilchrest Conyers Kildee Pickett be ready for a vote by tomorrow. The Barton Cooksey Gillmor Costello Kilpatrick Pomeroy House will, therefore, meet next Mon- Bass Cox Goode Coyne Kind (WI) Price (NC) day, October 25, at 12:30 p.m. for morn- Bateman Crane Goodlatte Cramer Kleczka Quinn Bereuter Cubin Goodling Crowley Klink Rahall ing hour and 2 o’clock p.m. for legisla- Biggert Cunningham Goss Cummings Kucinich Rangel tive business. We will consider a num- Bilbray Davis (VA) Graham Danner LaFalce Reyes ber of bills under suspension of the Bilirakis Deal Granger Davis (FL) Lampson Rivers Bliley DeLay Green (WI) Davis (IL) Lantos Rodriguez rules, a list of which will be distributed Blunt DeMint Greenwood DeFazio Larson Roemer to Members’ offices tomorrow. On Mon- Boehner Diaz-Balart Gutknecht DeGette Lee Rothman day we do not expect recorded votes Bonilla Dickey Hall (TX) Delahunt Levin Roybal-Allard until 6 o’clock p.m. On Tuesday, Octo- Bono Doolittle Hansen DeLauro Lewis (GA) Rush Brady (TX) Dreier Hastert Deutsch Lofgren Sabo ber 26, and the balance of the week the Bryant Duncan Hastings (WA) Dicks Lowey Sanchez House will take up the following meas- Burr Dunn Hayes Dingell Lucas (KY) Sanders ures, all of which will be subject to Burton Ehlers Hayworth Dixon Luther Sandlin Buyer Ehrlich Hefley Doggett Maloney (CT) Sawyer rules: Callahan Emerson Herger Dooley Maloney (NY) Schakowsky H.R. 2260, the Pain Relief Promotion Calvert Everett Hill (MT) Doyle Markey Scott Act of 1999, H.R. 1987, the Fair Access Campbell Ewing Hilleary Edwards Martinez Serrano to Indemnity and Reimbursement Act, Canady Fletcher Hobson Engel Matsui Sherman Cannon Foley Hoekstra English McDermott Sisisky and H.R. 3081, the Wage and Employ- Castle Forbes Horn Eshoo McGovern Skelton ment Growth Act.

VerDate 12-OCT-99 05:54 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.111 pfrm02 PsN: H21PT1 H10716 CONGRESSIONAL RECORD — HOUSE October 21, 1999 Mr. Speaker, we have completed our and without going on any further on ADJOURNMENT TO MONDAY, work on 12 of the 13 appropriations that, I would simply ask the gen- OCTOBER 25, 1999 bills. We expect to complete the Labor- tleman, can the gentleman give us Mr. ARMEY. Mr. Speaker, I ask HHS appropriations bill and consider some idea of how much time we will unanimous consent that when the the D.C. appropriations conference re- have to examine that bill after it is House adjourns today, it adjourn to port sometime early next week. filed so that everyone on both sides of meet at 12:30 p.m. on Monday next for Mr. Speaker, I wish all of my col- the aisle is familiar with what they are morning hour debates. leagues safe travel home tonight, and I voting on, since the House has never The SPEAKER pro tempore. Is there thank the gentleman for yielding. seen this legislation. objection to the request of the gen- Mr. OBEY. Mr. Speaker, if I could Mr. ARMEY. Mr. Speaker, I again tleman from Texas? ask the gentleman two additional ques- thank the gentleman for his inquiry, There was no objection. tions. First of all, could the gentleman and I appreciate the gentleman’s re- f tell me whether or not he expects to minder. Mr. Speaker, if the gentleman take up the minimum wage bill next will continue to yield. DISPENSING WITH CALENDAR week. Mr. OBEY. Surely. WEDNESDAY BUSINESS ON Mr. ARMEY. I thank the gentleman Mr. ARMEY. Mr. Speaker, I think it WEDNESDAY NEXT for asking, Mr. Speaker. Mr. Speaker, we do have that sched- is appropriate that we advise the Com- Mr. ARMEY. Mr. Speaker, I ask uled, but I must say it is tentatively mittee on Rules that they will not unanimous consent that the business scheduled. There have been a great have that meeting that the gentleman in order under the Calendar Wednesday many people working on that. We be- referred to tonight. The work is still in rule be dispensed with on Wednesday lieve their work is coming together; progress. The gentleman’s schedule, as next. and should it do so, we should expect to the ranking Democrat on the Com- The SPEAKER pro tempore (Mr. mittee on Appropriations I am sure have it on the floor next week. LAHOOD). Is there objection to the re- I would just say that my best predi- will be communicated to him by the quest of the gentleman from Texas? lection is that it will be there next Chairman as the committee continues There was no objection. its work, and I expect that there will week. f Mr. OBEY. Mr. Speaker, I thank the be work that will proceed tomorrow. I gentleman. just have to tell the gentleman, frank- DECLARING DALLAS COWBOYS Could the gentleman also answer an- ly, I just do not know the committee’s AMERICA’S TEAM other question. schedule. I wish I could tell the gen- tleman more. Mr. ARMEY. Mr. Speaker, I ask Which day does the gentleman expect unanimous consent that this body de- Mr. OBEY. Mr. Speaker, let me sim- the Labor Health conference report, clare the Dallas Cowboys America’s ply urge the gentleman, those of us on which has never been voted on in the team. the Committee on Appropriations, such House, to be before the House for con- Mr. GOODLING. Mr. Speaker, I ob- as the gentleman from Florida (Mr. sideration? ject. Mr. ARMEY. I thank the gentleman YOUNG) and myself, we will probably The SPEAKER pro tempore. Objec- for the inquiry, Mr. Speaker; and I do have at least a few minutes to review tion is heard. appreciate the gentleman’s inquiry. the bill before it is before us. But for Mr. Speaker, of course, as we all the average Member who is not on the f know, we had a very good meeting at committee, I do not want them on ei- GENERAL LEAVE the White House the other night. We ther side of the aisle to be in a position all agreed to try to complete this work where they do not know what the con- Mr. GOODLING. Mr. Speaker, I ask as quickly as possible. The gentleman tents of that bill are, since it is the unanimous consent that all Members from Wisconsin (Mr. OBEY) certainly most important domestic appropria- may have 5 legislative days within knows the Labor-HHS appropriations tion bill that we will handle this year. which to revise and extend their re- bill is one of the more difficult ones. So I would urge that there be enough marks on and include extraneous mate- They are continuing work on that; and time for your folks and ours to be able rial on H.R. 2300. as that progress continues, we will be to review the contents before it is put The SPEAKER pro tempore. Is there able to give a more complete report. to a vote. objection to the request of the gen- I can only say that it is my expecta- Mr. ARMEY. Again, Mr. Speaker, if tleman from Pennsylvania? tion at this time on the basis of the gentleman will yield, let me say There was no objection. progress we see that it should be fairly that I do again appreciate the point the f early in the week next week. gentleman has made. The point is made Mr. OBEY. Mr. Speaker, if I could well, and I think the point is an impor- AUTHORIZING THE CLERK TO ask the gentleman further, and let me tant point. We certainly want to do ex- MAKE CORRECTIONS IN EN- explain first why I ask the question. actly what the gentleman does, and GROSSMENT OF H.R. 2300, ACA- We have been told for most of the that is to give everybody as much op- DEMIC ACHIEVEMENT FOR ALL evening that it was the expectation, portunity as we can to review the legis- STUDENTS ACT and in fact I was told by the Chairman lation. I am confident in my mind that Mr. GOODLING. Mr. Speaker, I ask of the Committee on Rules earlier this the gentleman from Wisconsin will at- unanimous consent that in the engross- evening that it was his expectation tend to that, and I will do my best to ment of the bill, H.R. 2300, the Clerk be that the Committee on Rules would be attend to it, and I expect that if the authorized to make technical correc- filing tonight the District of Columbia gentleman from Wisconsin is not satis- tions and conforming changes to the new conference report to which they fied that we have done the very best bill. expected to see attached the Labor, possible, he will let me know about it. The SPEAKER pro tempore. Is there Health, Education appropriation bill Mr. OBEY. Mr. Speaker, reclaiming objection to the request of the gen- and that they expected to bring that up my time, that is probably true, I would tleman from Pennsylvania? tonight. It is now not going to be up to- say. I guess I have no further ques- There was no objection. night. The problem is that we are supposed tions. I would simply observe that I am f sorry, but I do not wish the Dallas to have negotiations tomorrow or at PERSONAL EXPLANATION least preliminary discussions on a Cowboys well this weekend. number of the outstanding bills that Mr. ARMEY. Mr. Speaker, if the gen- Mr. ISAKSON. Mr. Speaker, due to we still have to pass. tleman would yield for one last retort, attendance at a funeral in Atlanta this we in Dallas, of course, have nothing morning I missed two rollcall votes, b 2300 but the highest regard for the Green rollcall No. 520 and 522. Had I been in It is very difficult to discuss a bill Bay Packers, and we hope them the attendance I would have voted ‘‘yes’’ that we do not know the contents of, best of luck this weekend. on rollcall 520 and ‘‘yes’’ on rollcall 521.

VerDate 12-OCT-99 05:01 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00102 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.205 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10717 SPECIAL ORDERS petitive bid for privatization of the Ar- community in the United States, over The SPEAKER pro tempore (Mr. menia hotel complex in Yerevan. The one million strong, eager to participate TANCREDO). Under the Speaker’s an- twin goals are both to promote positive in the national rebirth of Armenia, is nounced policy of January 6, 1999, and local development effects in Armenia seeking opportunities to promote Ar- under a previous order of the House, and to create U.S. exports and jobs. menia’s economic development. the following Members will be recog- In announcing the agreement which As the U.S. seeks to establish part- nized for 5 minutes each. coincided with Armenia’s Prime Min- nerships with emerging nations in stra- ister Vazgen Sargsian’s successful visit tegically located regions, nations that f to Washington. OPIC President and share our values of political and eco- The SPEAKER pro tempore. Under a CEO George Munoz noted that Armenia nomic freedom, Armenia stands out as previous order of the House, the gen- has established a market-oriented an important country with which to tleman from Alabama (Mr. BACHUS) is economy with liberal trade legislation. develop close ties in the political, dip- recognized for 5 minutes. Mr. Speaker, projects like this which lomatic and cultural areas and, as I (Mr. BACHUS addressed the House. benefit both the U.S. and the host have said tonight, also in the economic His remarks will appear hereafter in country are what OPIC was designed sphere. the Extensions of Remarks.) for. f f Mr. Speaker, I also want to empha- size my strong support for the exten- REVISIONS TO ALLOCATION FOR U.S.-ARMENIA ECONOMIC HOUSE COMMITTEE ON APPRO- RELATIONS sion of Normal Trade Relations, NTR, between the United States and Arme- PRIATIONS, PURSUANT TO The SPEAKER pro tempore. Under a nia. Since NTR was first extended to HOUSE REPORT 106–373, TO RE- previous order of the House, the gen- Armenia effective April 7, 1992, it has FLECT ADDITIONAL NEW BUDG- tleman from New Jersey (Mr. PALLONE) continued in effect under annual presi- ET AUTHORITY AND ADDITIONAL is recognized for 5 minutes. dential waivers based on the deter- OUTLAYS FOR EMERGENCIES Mr. PALLONE. Mr. Speaker, I rise mination that the country is in compli- The SPEAKER pro tempore. Under a this evening to discuss some of the re- ance with the Jackson-Vanik law. previous order of the House, the gen- cent developments in the relationship Jackson-Vanik was adopted in 1974 as a tleman from Ohio (Mr. KASICH) is rec- between the United States and the Re- means of getting the Soviet Union to ognized for 5 minutes. public of Armenia in the economic comply with freedom of immigration Mr. KASICH. Mr. Speaker, pursuant to Sec. sphere. criteria. Although Armenia is obvi- 314 of the Congressional Budget Act, I hereby Mr. Speaker, the people of Armenia ously an independent State now be- submit for printing in the CONGRESSIONAL and their elected leaders recognize the cause it was formally under Soviet RECORD revisions to the allocation for the importance of making the transition domination, it came under Jackson- House Committee on Appropriations pursuant from direct aid from the United States Vanik and Jackson-Vanik still applies. to House Report 106±373 to reflect and other donor countries to greater In 1997, the President determined $158,000,00 in additional new budget authority self-sufficiency and economic integra- that Armenia was in full compliance and $39,000,000 in additional outlays for tion with their neighbors. Of course, with Jackson-Vanik, removing the emergencies. This will increase the allocation for the latter to occur, the neighboring need for future waivers, although the to the House Committee on Appropriations to countries, including Turkey and Azer- trade status remains subject to the $564,472,000,000 in budget authority and baijan, have to move away from their terms of the Jackson-Vanik amend- $597,571,000,000 in outlays for fiscal year policy of hostility, nonrecognition and ment which must be certified by the 2000. This will increase the aggregate total to blockades of Armenia. Indeed, Mr. President. This extension of NTR can $1,454,921,000,000 in budget authority and Speaker, U.S. policy should be geared also be subject to congressional ap- $1,434,708,000,000 in outlays for fiscal year towards encouraging Turkey and Azer- proval. 2000. baijan to enter into regional coopera- Mr. Speaker, the administration has As reported to the House, H.R. 2466, the tive agreements with Armenia. The advised the Committee on Ways and conference report accompanying the bill mak- U.S. can also help Armenia achieve Means that Armenia is among those ing appropriations for the Department of Inte- greater economic success by promoting countries, along with Georgia and rior and Related Agencies for fiscal year 2000, greater bilateral trade and investments Moldova, that may accede to the World includes $158,000,000 in budget authority and between our two countries. Trade Organization in the future. To $39,000,000 in outlays for emergencies. Mr. Speaker, I was recently joined by enhance trade and investment between These adjustments shall apply while the leg- four of my colleagues with whom I Armenia and the United States, the ex- islation is under consideration and shall take took part in the congressional delega- tension of unconditional Normal Trade effect upon final enactment of the legislation. tion to Armenia last August in seeking Relations between the two countries Questions may be directed to Art Sauer or Jim support for a Commerce Department may require legislation stating that Bates at x6±7270. trade mission to Armenia. We are cur- Jackson-Vanik should no longer apply f rently circulating a letter amongst our to these countries. The SPEAKER pro tempore. Under a colleagues in the House urging Com- Mr. Speaker, American investors rep- previous order of the House, the gen- merce Secretary William Daley to un- resenting a wide range of industries tleman from New York (Mr. TOWNS) is dertake the trade mission. During our and services have begun establishing a recognized for 5 minutes. bipartisan congressional delegation to relationship with counterparts in Ar- (Mr. TOWNS addressed the House. Armenia which also included stops in menia. Armenia has adopted or is in His remarks will appear hereafter in Nagorno Karabagh and Azerbaijan, we the process of developing laws to facili- the Extensions of Remarks.) had the opportunity to meet with tate international investment and for- American investors who are seeking to f eign ownership, as well as the legal and The SPEAKER pro tempore. Under a expand U.S.-Armenia trade and invest- financial institutions to foster these ment ties. We also saw firsthand the ef- previous order of the House, the gen- types of relationships. The Armenian tleman from Washington (Mr. forts that Armenia is making to pri- government has unveiled plans to fur- NETHERCUTT) is recognized for 5 min- vatize its economy. ther promote investment via the cre- The effort to promote investment utes. ation of the Armenian development (Mr. NETHERCUTT addressed the and privatization in Armenia received agency, ADA. a major boost earlier this month when House. His remarks will appear here- the Overseas Private Investment Cor- b 2310 after in the Extensions of Remarks.) poration, OPIC, approved an $18 million The main mission of the ADA is to f investment projection in Yerevan, Ar- provide one-stop shopping services for The SPEAKER pro tempore. Under a menia’s capital. The OPIC loan was potential investors. previous order of the House, the gen- made to investors from Massachusetts, Mr. Speaker, Armenia has another tleman from Ohio (Mr. BROWN) is rec- California and Florida, who won a com- unique advantage: A large Diaspora ognized for 5 minutes.

VerDate 12-OCT-99 05:01 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00103 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.208 pfrm02 PsN: H21PT1 H10718 CONGRESSIONAL RECORD — HOUSE October 21, 1999 (Mr. BROWN of Ohio addressed the year, the new dollar coin will return to forget that in 1995 the Republicans re- House. His remarks will appear here- the Treasury about $600 million. This is pealed many of the educational pro- after in the Extensions of Remarks.) one of the soundest reasons to main- grams that we were discussing here f tain our coins and to understand the today. They voted to deny Pell grants importance of increasing demand. to thousands of students. They voted to THE NEWLY MINTED SACAJAWEA Whether new designs or commemora- slash the safe and drug-free drug pro- ONE-DOLLAR COIN tive programs, the increase in demand gram. They voted to cut Head Start, The SPEAKER pro tempore. Under a means more revenue for the Treasury deny thousands of children an early previous order of the House, the gen- and less money taxpayers have to pay childhood education. They even voted tleman from Washington (Mr. for government. It also will help battle to cut school lunch programs and they METCALF) is recognized for 5 minutes. our national debt, which still looms at voted to cut food stamps for 14 million Mr. METCALF. Mr. Speaker, the over $5 trillion. children. other night I spoke about the success As I talk on coins, new kinds of My constituents do not understand of the new 50 States Commemorative money systems are looming on the ho- how a program is saved by cutting it. Quarter program the U.S. Mint has in- rizon with the advent of new tech- They knew that when they sent me stituted from legislation by Congress. nology. Whether they come in the form here that I would never understand The quarter program, under the super- of smart cards, cyber cash, debit cards that concept, either. I come to the floor today to discuss vision of Director Phillip Deel at the or electronic money wallets, remember another issue that is vital to the wel- Mint, has been nothing short of ex- one thing, when another medium of ex- fare of the citizens of the State of Flor- tremely successful. The program, over change is accepted, someone else, be- ida. Currently, over 3 million Florid- a period of 10 years, will dedicate 5 sides the U.S. Treasury, is getting the ians are receiving Social Security ben- States per year to have a State symbol profit, and the taxpayers are not reap- efits, including over 100,000 in my dis- of their choice minted on the back of ing the profit. trict. Ever since the Democrats, and the quarter dollar coin. So here is to the new dollar. I believe let me repeat that, ever since the Mr. Speaker, the taxpayers need to it will be accepted by the public as a Democrats created Social Security in understand that coins actually are an convenience, especially as the dollar incredible revenue money-maker for 1935, let me repeat that again, the coin machines come more into use. Democrats created Social Security in the Treasury. The reason is simple. All f coins have a face value upon their cre- 1935, not only has it been the center- ation, but the cost to the Mint to mint The SPEAKER pro tempore. Under a piece around which Americans planned the coin is obviously far less than the previous order of the House, the gentle- their retirement but it has provided face value of the coin. woman from the Virgin Islands (Mrs. peace of mind and benefits to both the For instance, the quarter costs the CHRISTENSEN) is recognized for 5 min- disabled workers and the children and Mint about 5 cents to manufacture. utes. sponsors of deceased beneficiaries. Simple math says there is a 20 cent dif- (Mrs. CHRISTENSEN addressed the This peace of mind is something few ferential. This differential is called sei- House. Her remarks will appear here- private insurance plans offer. Social gniorage, and at the end of every year after in the Extensions of Remakrs.) Security is especially important to the millions of women who rely on Social the Treasury adds this differential to f Security to keep them out of poverty. the budget. That is, it helps to pay for The SPEAKER pro tempore. Under a Elderly women, including widows, get the spending that is necessary by the previous order of the House, the gen- over 50 percent of their income from government. tleman from Florida (Mr. DIAZ- Social Security. Women tend to live Last year, the total made by all sei- BALART) is recognized for 5 minutes. longer and tend to have lower lifetime gniorage made by the Treasury was a (Mr. DIAZ-BALART addressed the earnings than men. They spend an av- little over $1 billion; yes, $1 billion House. His remarks will appear here- erage of 11.5 years out of their careers with a ‘‘B.’’ Just think, last year the after in the Extensions of Remarks.) to care for the family and are more demand for quarters was a little over f likely to work part time than full- one billion quarters. This year it is es- The SPEAKER pro tempore. Under a time, and when they do work full-time timated that the Mint will make over 5 previous order of the House, the gen- they earn an average of 70 cents of billion quarters. From the quarter pro- tleman from Texas (Mr. GONZALEZ) is every dollar men earn. These women gram alone, the Treasury stands to recognized for 5 minutes. are either mothers, wives and daugh- bring in an extra billion dollars per (Mr. GONZALEZ addressed the ters and we must save Social Security year, which will help lower the debt of House. His remarks will appear here- for them. our Nation. after in the Extensions of Remarks.) I am glad to see that after years of Tonight I want to speak about an- f demonizing the Social Security pro- other coin program. I met with rep- gram, Republicans are starting to real- The SPEAKER pro tempore. Under a resentatives of the U.S. Mint today. ize how important this program is. Un- previous order of the House, the gen- The Mint will start production in fortunately for the American people, tleman from Texas (Mr. PAUL) is recog- March of 2000 on the new Sacajawea my Republican colleagues talk the talk nized for 5 minutes. one-dollar coin. If we remember, the but they do not walk the walk. While Susan B. Anthony dollar was not a (Mr. PAUL addressed the House. His the President and the Democrats in huge success. The main criticism was remarks will appear hereafter in the Congress want to use the budget sur- that its appearance was too much like Extension of Remarks.) plus to secure the Social Security pro- a quarter. The new coin will be gold in f gram, Republicans want to give special color, with a smooth edge, and on the PUT YOUR MONEY WHERE YOUR interests and the wealthy a huge tax face of the coin will be a picture of cut, over $700 billion the last time I Sacajawea, the Native American MOUTH IS AND SAVE SOCIAL SE- CURITY checked. woman who is remembered for many I recently had several young children qualities, especially for her help to the The SPEAKER pro tempore. Under a visiting me here in Washington partici- Lewis and Clark expedition. previous order of the House, the gentle- pating in the Voices Against Violence As I said earlier, the profit to the woman from Florida (Ms. BROWN) is program. One of the first questions taxpayers on each quarter is around 20 recognized for 5 minutes. they asked me was whether or not So- cents but the profit on the new Ms. BROWN of Florida. Mr. Speaker, cial Security would be there for them. Sacajawea dollar coin will be almost 90 before I begin I want it to be clear that I told them it would be there if we took cents. Did the taxpayers hear that? I do not want to be associated with the this opportunity we now have to secure Ninety cents seigniorage on every coin. remarks of the gentlemen on the other the program. The Mint estimates about 700 million side of the aisle pertaining to edu- So I ask my colleagues to do the new dollar coins will be made in the cation and I want to be clear I am talk- right thing for the kids and the thou- year 2000. That means that in its first ing about the Republicans. Let us not sands of children throughout the

VerDate 12-OCT-99 05:01 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00104 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.214 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10719 United States who are wondering the legal narcotics at their source were employing interdiction, again trying to same thing. Put your money where stopped in 1993. They were slashed utilize every resource that we have in your mouth is and save Social Secu- some 50 percent plus. This took the this effort. And it is a national respon- rity. military out of the interdiction effort, sibility to stop illegal narcotics at f which closed down much of the inter- their source. And now here we see diction effort and having the Coast graphically displayed what has hap- b 2320 Guard work to secure some of our bor- pened with heroin use. ILLEGAL NARCOTICS ders and our maritime areas. Those ef- What is absolutely startling is that The SPEAKER pro tempore (Mr. forts were dramatically slashed. And, some of this usage in this area, these TANCREDO). Under the Speaker’s an- additionally, other cuts were made. dramatic increases, we had an 875 per- nounced policy of January 6, 1999, the Changes in policy were made that cent increase in teen use of heroin in gentleman from Florida (Mr. MICA) is were quite dramatic. The surgeon gen- that period of time that we see here recognized for half the time until mid- eral, chief health officer of the United with the Clinton administration. Eight night as the designee of the majority States, appointed by the President, was hundred seventy-five percent. And we leader. then Joycelyn Elders, and that indi- are experiencing dozens and dozens of Mr. MICA. Mr. Speaker, I come to vidual sent the wrong message: Just deaths in my central Florida commu- the floor late tonight to talk about a say maybe. So we had the highest lead- nity from this heroin, because it is not subject I often talk about, normally on ership in the land and we had the high- the same heroin that was on the streets Tuesday nights in a special order, but est health officer developing a different in the 1980s or the 1970s that had a pu- did not get that opportunity this week, policy, a policy that really failed us. rity of 6 and 7 percent. This is 80 and 90 so I am here tonight to talk about I have some dramatic charts here to- percent pure. These young people take what I consider to be one of the most night that show exactly what hap- it and they die. And there are more and important social problems facing not pened. I had our subcommittee staff more of them using it. only the Congress but the American put these together to show the long- But we have managed to begin to people in almost every community and term trend and lifetime prevalence of turn this around through the efforts, almost every family across our land, drug use. We can see during the Reagan again, of a Republican-led Congress. and that is the problem of illegal nar- and Bush administration that the long- And this shows, again, some dramatic cotics. term trend in lifetime drug use was on change in usage. This is another abso- In the House of Representatives, I a decline. And I have talked about this lutely startling chart that our staff has have the honor and privilege of and sort of illustrated it by hand, but prepared. We traced the long-term chairing the Subcommittee on Crimi- we have graphically detailed this from trend in the prevalence of cocaine use. nal Justice, Drug Policy and Human 1980, when President Reagan took of- In the Reagan administration, we see Resources of the Committee on Gov- fice, on down to where President Clin- here where we had a problem. And I re- ernment Reform. And in that sub- ton took office. I do not think there is member as a staffer working with Sen- committee we have done our best to anything that I have shown on the ator Hawkins, who led some of the ef- try to bring together every possible re- floor that can more dramatically illus- fort in the United States Senate back source of the Congress and of the trate the direct effects of that change in the early 1980s, that they began the American government in an effort to in policy. And that policy, as we can downturn. In the Bush administration, combat illegal narcotics. see, had illegal narcotics going up. incredible progress was made. Back in The ravages of illegal narcotics and What is interesting is we see a slight the Clinton administration, we see its impact on our population I have change here, and that is after the Re- again a rise of cocaine use and drug spoken to many times on the floor of publicans took control of the House of abuse. And this is basically where they the House. I just mentioned last week Representatives and the United States closed down the war on drugs. that we now exceed 15,200 individuals Senate and started to put, as I say, b 2330 who died last year, in 1998, from dug-in- Humpty Dumpty back together again. duced deaths. This is up some nearly 8 Because we basically had no drug war Now, what is very interesting is we percent over the previous year. here. If we want to call it a drug war, are at a very important juncture here I have also talked on the floor of the we have actually almost doubled the in the House of Representatives. We House of Representatives and to my amount of money for treatment. need 13 appropriations measures to colleagues about some of the policies Now, just putting money on treat- fund the Government. And among the that were passed by the Clinton admin- ment of those afflicted by illegal nar- 13 appropriations measures, one of istration in 1993, when they controlled cotics, not having the equipment, the those is to fund and assist with the fi- both the House of Representatives, the resources, the interdiction, the source nance and operations of the District of Senate, and the White House, all three country programs, is like conducting a Columbia. bodies, and fairly large voting margins war and just treating the wounded. Many people do not pay much atten- in the House of Representatives. So, Someone told me it is sort of like hav- tion to this. Some of the Members pay basically, they could do whatever they ing a MASH unit and not giving the little attention to this. But I think wanted to do. Unfortunately, as is now soldiers any ammunition or the ability that the situation with the District of history, they took a wrong turn in the to fight or conduct the war. And this is Columbia is very important to talk effort to combat illegal narcotics. so dramatically revealed in this chart. about tonight as it relates to changes They began by closing down the drug What is interesting, if we look at in drug policy. czar’s office from some nearly 120 em- some other charts of specific narcotics, We have to remember that one of the ployees in that office to about two we see sort of a steady up-and-down major issues of contention here be- dozen employees in that office. They trend, and a good trend down during tween the Republican Congress and be- dismissed nearly all of the drug czar’s the Bush administration in the long- tween the Democrat side of the aisle is staff. With the Republican Congress, term, lifetime prevalence in the use of a liberalization of drug policy. That and through the efforts of the former heroin. In the Clinton administration, manifests itself in two ways. chairman of the oversight committee it practically shoots off the chart. And First, there is support on the other of drug policy, the gentleman from Illi- again, when we restarted our war on side of the aisle for a needle exchange nois (Mr. HASTERT), who is now Speak- drugs, through the leadership of the program in the District. There is also er of the House of Representatives, we gentleman from Illinois (Mr. HASTERT), an effort here to allow the medical use have restored those cuts. We have man- who chaired the subcommittee with of marijuana and liberalization of some power now in that office of nearly 150 this responsibility before me, and in of the marijuana laws here, two poli- individuals under the supervision of this Republican-controlled Congress, cies with a liberal slant. our drug czar, General Barry McCaf- there was a renewed emphasis, a Now, let me say something about the frey. change in policy, employing a multi- liberal policies that have been tried. Under the Clinton administration, faceted approach which again began at- And I have used this chart before. Let the source country programs to stop il- tacking drugs at their source, again me take this chart and put it up here.

VerDate 12-OCT-99 05:01 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00105 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.220 pfrm02 PsN: H21PT1 H10720 CONGRESSIONAL RECORD — HOUSE October 21, 1999 This is the policy of Baltimore which So we had a liberal policy which gave b 2340 Baltimore adopted some 10 years ago. us one of the highest debts of any local This is a quote: Baltimore has a needle exchange pro- government in the Nation, one of the ‘‘Some mentally ill children at the gram. That needle exchange program highest number of employees. And the District’s St. Elizabeths Hospital have has resulted in 1996 in 38,900, according question was, was enough revenue com- been fed little more than rice, jello and to DEA at that time, drug addicts. ing in. chicken for the last month after some So they started a needle exchange D.C. also had revenues per capita of suppliers refused to make deliveries be- program, they lost population, and $7,289, which at that time was the high- cause they haven’t been paid.’’ And they gained dramatic increase in drug est in the Nation. We have managed in they had not been paid even with run- addiction, particularly heroin addic- a little over 4 years to balance the ning a supplement from the taxpayers tion. budget in this budget that is being pre- across the United States of three-quar- Now, this is the chart from 1996. I sented, that is being vetoed and the ters of a billion dollars running in debt. have a Time Magazine article from D.C. appropriations measure, that is The housing program in the District September 6, and it says, and this is being vetoed has been vetoed by the of Columbia, again to return to those not my quote, it is a quote from this President. wonderful days of yesteryear when The debt that the average citizen had article, it says one in every 10 citizens they controlled the House of Rep- was one of the highest figures in the is a drug addict. And that is more to resentatives, the Senate and the White United States at $6,354. And that is what the representative from Maryland House, this is 1995. According to a U.S. what we inherited here. The other side in that particular area has told me. Department of Housing and Urban De- is always concerned about how policies However, listen to this: Government velopment rating system, the District affect people. The Republicans inher- officials dispute the last claim. Here is subsidized housing program achieved ited the District of Columbia. This is a quote, and it is not my quote. ‘‘It is the lowest ranking of any urban public more like one in eight,’’ says veteran an article from 1995 when we inherited it of the impending cutbacks at D.C. housing agency in the Nation. On a City Councilwoman Rikki Spector, scale where a score below 60 places an ‘‘and we have probably lost count.’’ General, this is the hospital, make it apparently inevitable that Washing- agency in the troubled category, the So a liberal policy that this House of District’s rating plunged from 37 in Representatives’ Democrat representa- ton’s own public hospital will close its trauma center. And who would be hurt 1991 to 19 in 1993. They ran it into the tion wants for Washington, that this ground and now they want to do it President wants for Washington has the hardest? This article says that thousands of poor and expensive-to- again. been tried in Baltimore. This is the re- What is interesting is, I had another treat patients would be those who were sult. chart here that I wanted to show, but I I also will illustrate what has taken hurt. This is what we inherited. Now we have gotten this in order, will not have time tonight. I will try to place in New York City with the mur- get back to it next Tuesday when we der decline. In New York City, you and the question is do we want to go back to those liberal policies and high- continue our effort to show why we have Mayor Rudy Giuliani who has should not go to a liberal policy on adopted a zero tolerance, no-nonsense, spending, high-taxing policies? Here is a great story. Talk about narcotics, on spending, on taxation get tough and the opposite of a liberal that is being proposed by the other side policy but a tough policy. From the helping children. After 6 months in the District bureaucratic trenches, this is of the aisle. 2000 mark, they are down to the 600 Mr. Speaker, do I have any time re- level. In other words, in Baltimore, a woman who came from Guam and was a welfare specialist and this is maining? Baltimore in 1997, and I checked the quoted from 1995 in The Washington The SPEAKER pro tempore (Mr. figures, had 312 murders. In 1998, they Post. This lady quit. Saddened and TANCREDO). There being no designee of had 312 murders. No decline, static, and shocked, she said, by a foster care sys- the minority leader, the gentleman with a liberal policy. tem so bad that it actually compounds may proceed until midnight. Here is a tough policy, and we see a Mr. MICA. In that case, Mr. Speaker, the problems of neglected children and dramatic decrease. It is almost a 70- their families. I would like to continue tonight rather percent decrease in murders. I think if She said she came here from Guam, than wait until next Tuesday night, you look at these murders in both of she worked in Guam, and she said then again with some information that I these cities you will find that they are to come here and see one of the worst think is very important. drug and illegal narcotics related. situations, it is depressing. This is I talked about the situation with So the question before the Congress what the Republican majority inher- Baltimore and with Washington and and the question before us tonight is ited, and this is what the other side the inclination of the other side of the really do we adopt a liberal policy? would like to go back to with again aisle to go now to a liberal drug policy Now, we have been there, and we their liberal policies, their tax policies. with needle exchange. Many people have done that. I came to this Congress Here is an article that I saved from say, well, if you adopt a needle ex- in 1992 and watched how with the other 1996. ‘‘Ghost payrolls ought to deter- change, it will help cut down on HIV side controlling the House, the Senate, mine dead retirees in District getting infections, it will help drug users. Let and the White House what they did. pensions.’’ Again, a system out of con- me just quote a program that was They had 40 years of control of this trol. Again, the question of responsi- tried, a needle exchange program re- body and over policy of the District of bility and education. This is what we port that was given to our sub- Columbia. We have had a little more inherited in 1995. Currently, we have 20 committee, and tell a little bit about than 4 years. This is what we inherited. condemned boilers in the schools, 103 of what took place with that particular We inherited almost three-quarters of a 230 buses are non-operational because needle exchange program which now I billion dollar deficit that they were of the budget crisis. And at that time believe the President and the other running here. again they were spending three-quar- side of the aisle would like to protect Here are some of the statistics about ters of a billion over their budget. with the President’s veto of the D.C. what had happened in Washington, and And very sadly, I recall and I saved appropriations measure. I will read these from The Washington this article. It says, ‘‘With past due, A 1997, Vancouver study reported Post and some other articles. They are St. Elizabeth skimps on children’s that when their needle exchange pro- not my quotes or statements. But the meals.’’ gram started in 1988, HIV prevalence in facts are, although the District of Co- They want to go back to those won- IV drug addicts was only 1 to 2 percent. lumbia was 19th in size among Amer- derful days of yesteryear when they It is now 23 percent. ican cities, its full-time employee pop- controlled the District of Columbia for We see that when they started out ulation then was 48,000. We have got it some 40 years. This is what they did for with a needle exchange program, at the down to some 33,000 kicking and those people that they supposedly care very beginning they only had 1 to 2 screaming. It was only exceeded by about after taxing them nearly to percent infection rate. Now it jumped New York and Los Angeles when we in- death, running business, running popu- to 23 percent. The study found that 40 herited that responsibility. lation out. percent of HIV-positive addicts had

VerDate 12-OCT-99 05:01 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00106 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.223 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10721 lent their used syringe in the previous In addition to some of the areas that That is similar to some of the con- 6 months. So the very intent of not I cited that we inherited in the District flict that we face in these spending and having needles being exchanged and for responsibility were also the prisons. appropriation bills. I call it the RAD spreading HIV was actually increased The other side spent a fortune on the approach, Regulate, Administer and by giving out these free needles. Again, prisons. We ended up with inheriting a Dictate, and that is what has happened this is the results of a needle exchange prison system that was basically out of in Washington, and that is what we are program study in Vancouver in 1998. control. In fact, it was so bad we basi- trying to fight as we try to pass 13 ap- Additionally, the study found that 39 cally had to close down the Lorton propriations measures. percent of the HIV negative addicts prison. The prisoners had taken over The real easy thing for the new ma- had borrowed a used syringe in the pre- the prison. jority, although we took a tremendous vious 6 months. Another story that was reported here amount of guff for it, and people called A Montreal study showed that HIV in the Washington Post was the water us names and said that the sliced addicts who used needle exchange pro- system. Sometimes you could not bread, as we know it, would no longer grams were more than twice likely to drink the water in the District and ba- exist, and accused of all kind of things. become infected with HIV as HIV ad- sically the system was broken down We did bring our Nation’s finances into dicts who did not use the needle ex- and had to be renovated. The District order just as we brought the District of change program. That is another study office building, which was the seat of Columbia’s finances into order, and it in Montreal. government, basically looked like a was a fairly simple thing. What you do The American Journal of Epidemi- third world country capital head- is limit your expenditures. We did not ology in 1990 reported on a study that quarters. Air conditioners were falling have huge increases in these programs. was entitled ‘‘Syringe Exchange and out of the windows. I ask anyone to Just like I cited the District of Colum- Risk of Infection With Hepatitis B and drive by the District office building bia, we did not have huge increases. We C Viruses.’’ In this study there was no now and see the refurbishing that is moderated the increases. We were able indication of a protective effect of sy- going on. It would make you very to balance the budget. ringe exchange against HBV or HCV in- proud of the District of Columbia. That Sometimes I think that was the easy fection. Indeed, the highest incidence again is something we have been able part, even though we got a lot of grief of infection occurred among current to do in a little over 4 years, and they for it. users in the needle exchange program. let go into default in some 40 years of The tough part is now in trying to If it was not more conflicting than their stewardship. take these programs like education anything to have the administration, So do we want to return to that time that we have brought power and au- the President, veto the D.C. measure of high spending, high taxes, of liberal thority and programs to Washington so and also again the liberal side of the policies? When I came to the District of that a teacher cannot teach, so that aisle here encourage and fight over Columbia some 7 years ago, the murder there is not authority at the local adoption of a more liberal drug policy rate and most of the murders here are level, so that there is not discipline in and a needle exchange policy, even the black-on-black murders and young the classroom, so that the emphasis, administration’s own head of the Office males between the ages of 14 and 40, again, is on creating regulations from of Drug Policy, General Barry McCaf- and we still have horrendous deaths Washington, administering from Wash- frey, who is respected on both sides of here, but even in the District of Colum- ington and keeping the power in Wash- ington as opposed to out there. the aisle has said, and let me quote bia through oversight of this new Re- So now we are engaged, and even from him, ‘‘By handing out needles, we publican majority, I think we have been able to bring down some of those today we have been spending incredible encourage drug use. Such a message amounts of money for young people would be inconsistent with the tenor of deaths, to straighten out the law en- forcement activities in the District and their education, and yet they have our national youth-oriented antidrug not performed well, and particularly campaign.’’ That is again a quote by which also were hurt tremendously by the liberal policies of spending and tax- those young people who are the most General McCaffrey. disadvantaged in our society and our So we have a choice of really going ation that almost ruined our Nation’s schools and communities. So, programs back to, as I said, the days of yester- capital. So we had a capital that was hem- like title I that are so important, we year when we had the housing pro- need to revisit; Head Start programs, grams in the District of Columbia in orrhaging, a capital that indeed had so many problems, I could probably spend we need to revisit; not eliminate, not default, we had the emergency medical destroy, not cut out, but make them services and the hospitals closing down the rest of the night citing article after article about the waste and abuse that work so that every dollar is effectively or not able to operate. I have cited be- applied and that those young people fore on the House floor a story that I we inherited here. b have the best opportunity ever. read in the Washington Post back 2350 So this is what the debate is about, 13 again with the other side controlling Again we are at a critical juncture in appropriations measures. The Presi- the District budget, with the other side this appropriations process. The ques- dent has vetoed the District bill and letting the funding of the District tion is: Do we return again to those several other bills. He is holding sev- budget run amuck, with the other side spending tendencies, and just because eral bills hostage. We have passed sev- letting a liberal policy of spending and they spent more did not mean people eral this afternoon. We passed an Inte- taxation prevail in the District, I cited got less. You heard what happened to rior appropriations measure, and we this report in the Washington Post the critically ill, you heard what hap- must fund the government. where in fact it was said by a reporter pened to those children who were cares The hard work, as I said, is taking that at that time you could dial 911 for and wards of the city and the District each of these programs together, emergency services or you could dial of Columbia, you heard those who re- whether it is Department of Interior, for a pizza to be delivered and you lied on public housing had a defunct Education, Commerce, defense bills would get the pizza sometimes quicker public housing, the water system, the and making them work. My responsi- than you could get the emergency med- prison system. bility is a small responsibility, and ical services. So this is a real challenge, and it that is trying to take the drug war Again, the other side had 40 years to really magnifies what is going on with that was closed down in 1993 by the run this body and also to oversee the the rest of these appropriations bills, Clinton administration, the drug policy operations under the Constitution, and whether it is education that we dis- which destroyed our ability to stop it is a specific constitutional mandate cussed here today. Education system, drugs cost effectively at their source or that the Congress do conduct oversight and again in Washington they were interdict them before they got to their and is responsible for the District of spending more per capita and their stu- borders. Once they get past our bor- Columbia. The question again before us dents were performing at lower levels. ders, it becomes almost an impossible is whether we want to return to the lib- Spend more; get a lower result, and task for our law enforcement, local eral policies and the failed policies of regulate and administer in a very ex- communities and families to deal with the past. pensive fashion. that.

VerDate 12-OCT-99 05:01 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00107 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.225 pfrm02 PsN: H21PT1 H10722 CONGRESSIONAL RECORD — HOUSE October 21, 1999 So we have seen an incredible in- now does in some programs which we that that committee had examined and crease in the supply of hard narcotics have not been able to change because found truly enrolled bills of the House coming in with our guard let down of opposition, because of name calling of the following titles, which were with a doubling, in fact, of the money and trying to hold on to the vestiges of thereupon signed by the Speaker: on treatment, and I have no problem the liberal past policies that do not H.R. 1663. An act to recognize National with spending two or three times what work. Medal of Honor sites in California, Indiana, we are spending on treatment as long So tonight is not a full hour, and we and South Carolina. as it is effective. But it must also be will return next week with more infor- H.R. 2670. An act making appropriations part of a multi-faceted program, a pro- mation about our efforts to get our for the Departments of Commerce, Justice, gram of interdiction, eradication at drug policy back on track and to make and State, the Judiciary, and related agen- cies for the fiscal year ending September 30, source countries, a strong program of some of these programs work, but we 2000, and for other purposes. enforcement. certainly will stay here, will endure ve- f As I cited, the New York experience, toes by the President and slings and ar- zero tolerance does work. The liberal rows from the other side, but we are BILLS PRESENTED TO THE policy they tried in Baltimore and going to make these things work, and PRESIDENT some other communities does not we are going to make them work effec- Mr. THOMAS, from the Committee work. We could take Los Angeles and tively and stay on track even though it on House Administration, reported other communities that have had is a difficult path. that that committee did on this day tough crack-down policies, and these So, with those comments, Mr. Speak- present to the President, for his ap- figures and statistics from zero toler- er, and almost at the appointed hour of proval, bills of the House of the fol- ance and tough enforcement are so dra- recess I am pleased to yield back. lowing titles: matic they have affected our national f H.R. 1663. To recognize National Medal of crime rate. Honor sites in California, Indiana, and South And then of course education, and LEAVE OF ABSENCE Carolina. under the leadership of the gentleman By unanimous consent, leave of ab- H.R. 2841. To amend the Revised Organic from Illinois (Mr. HASTERT) who sence was granted to: Act of the Virgin Islands to provide for greater fiscal autonomy consistent with chaired this responsibility before me Mr. MASCARA (at the request of Mr. other United States jurisdictions, and for we initiated and launched the largest GEPHARDT) for today after 8:00 p.m. on effort, a media campaign effort, ever other purposes. account of medical reasons. f by, I think, any government in prob- Ms. MCCARTHY of Missouri (at the re- ably the history of America or any gov- quest of Mr. GEPHARDT) for today on ADJOURNMENT ernment in getting an anti-narcotics account of attending a funeral. Mr. MICA. Mr. Speaker, I move that message, a billion-dollars campaign Ms. JACKSON-LEE of Texas (at the re- the House do now adjourn. over 5 years. We are now a little over a quest of Mr. GEPHARDT) for today after The motion was agreed to; accord- year into it. Last week our sub- 2:00 p.m. on account of family matters. ingly (at 11 o’clock and 59 minutes committee held a hearing on where we Mr. CAMP (at the request of Mr. p.m.), under its previous order, the are, how that money has been spent, is ARMEY) for today on account of the House adjourned until Monday, Octo- it being spent effectively. birth of his daughter. So that is another part of this puzzle ber 25, 1999, at 12:30 p.m., for morning that we need to put back together, a f hour debates. f part that really was not even there SPECIAL ORDERS GRANTED even in the Bush and Reagan adminis- EXECUTIVE COMMUNICATIONS, By unanimous consent, permission to tration and even through the Clinton ETC. administration. That money, that bil- address the House, following the legis- Under clause 8 of rule XII, executive lion dollars we put up in taxpayer lative program and any special orders communications were taken from the money, is matched by an equal or an heretofore entered, was granted to: Speaker’s table and referred as follows: amount in excess of that Federal con- (The following Members (at the re- tribution by a donation, so we think we quest of Mr. PALLONE) to revise and ex- 4863. A letter from the Congressional Re- tend their remarks and include extra- view Coordinator, Department of Agri- are seeing again, and I will be glad to culture, transmitting the Department’s final put the charts up again, see the begin- neous material:) Mr. PALLONE, for 5 minutes, today. rule—Asian Longhorned Beetle; Addition to ning of a downturn. But it takes all of Quarantined Areas [Docket No. 99–033–2] re- Mr. TOWNS, for 5 minutes, today. those efforts, not closing down the War ceived October 19, 1999, pursuant to 5 U.S.C. on Drugs, and there was not a War on Mr. BROWN of Ohio, for 5 minutes, 801(a)(1)(A); to the Committee on Agri- Drugs after 1993 to 1995, and it has today. culture. taken us several years to get that back Mrs. CHRISTENSEN, for 5 minutes, 4864. A letter from the Director, Defense on track, to put, as I say Humpty today. Procurement, Department of Defense, trans- mitting the Department’s final rule—Defense Dumpty back together again. Mr. GONZALEZ, for 5 minutes, today. Ms. BROWN of Florida, for 5 minutes, Federal Acquisition Regulation Supplement; So we have learned some lessons. Overseas Use of the Purchase Card [DFARS Liberal policies, they just do not work. today. (The following Members (at the re- Case 99–D002] received October 18, 1999, pur- The District is a very, a very, very suant to 5 U.S.C. 801(a)(1)(A); to the Com- exact case, and we can cite it agency quest of Mr. HILLEARY) to revise and mittee on Armed Services. after agency. We look at our federal extend their remarks and include ex- 4865. A letter from the Secretary of De- bureaucracy, and we have the same traneous material:) fense, transmitting the retirement and ad- thing, big spending, spend more get Mr. KASICH, for 5 minutes, today. vancement to the grade of lieutenant general less. That is not the answer. But we Mr. NETHERCUTT, for 5 minutes, of Lieutenant General William J. Bolt; to need to make these programs less. If today. the Committee on Armed Services. Mr. METCALF, for 5 minutes, today. 4866. A letter from the Assistant General we need to spend more, I do not think Counsel for Regulations, Department of Mr. DIAZ-BALART, for 5 minutes, there are folks here on our side of the Housing and Urban Development, transmit- aisle that would not adequately fund today. ting the Department’s final rule—Introduc- programs, but we want to see results. Mr. RAMSTAD, for 5 minutes, today tion to FHA Programs—received October 18, We do not want to return to a de- and October 22. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the stroyed District of Columbia with the Mr. PAUL, for 5 minutes, today. Committee on Banking and Financial Serv- high spending, with the high taxes, Mr. TANCREDO, for 5 minutes, today. ices. 4867. A letter from the Assistant General with the agency after agency defunct f Counsel for Regulations, Department of with people who need help and people ENROLLED BILLS SIGNED Housing and Urban Development, transmit- who need government to work, have it ting the Department’s final rule—Section 8 actually work against them, as it did Mr. THOMAS, from the Committee Moderate Rehabilitation Program; Exe- here in the District of Columbia and on House Administration, reported cuting or Terminating Leases on Moderate

VerDate 12-OCT-99 05:42 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00108 Fmt 7634 Sfmt 0634 E:\CR\FM\K21OC7.227 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10723 Rehabilitation Units When the Remaining 4876. A letter from the Director, Office of 4887. A letter from the Director, Office of Term of the Housing Assistance Payments Regulatory Management and Information, Sustainable Fisheries, National Oceanic and (HAP) Contract is for Less Than One Year Environmental Protection Agency, transmit- Atmospheric Administration, transmitting [Docket No. FR–4472–I–01] (RIN: 2577–AB98) ting the Agency’s final rule—Approval and the Administration’s final rule—Atlantic received October 18, 1999, pursuant to 5 Promulgation of Implementation Plans: Ap- Highly Migratory Species Fisheries; Atlantic U.S.C. 801(a)(1)(A); to the Committee on proval of Revisions to the North Carolina Bluefin Tuna [I.D. 091599A] received October Banking and Financial Services. State Implementation Plan [NC–087–1–9939a; 20, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to 4868. A letter from the Assistant General FRL–6463–6] received October 21, 1999, pursu- the Committee on Resources. Counsel for Regulations, Office of the Assist- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 4888. A letter from the Chief, Office of Reg- ant Secretary for Housing, Department of on Commerce. ulations and Administrative Law, USCG, De- Housing and Urban Development, transmit- 4877. A letter from the Attorney, Office of partment of Transportation, transmitting ting the Department’s final rule—Single the General Counsel, Federal Energy Regu- the Department’s final rule—Fire Protection Family Mortgage Insurance; Clarification of latory Commission, transmitting the Com- Measures for Towing Vessels [USCG–1998– Floodplain Requirements Applicable to New mission’s final rule—Collaborative Proce- 4445] (RIN: 2115–AF66) received October 15, Construction [Docket No. FR–4323–F–02] dures for Energy Facility Applications 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the (RIN: 2502–AH16) received October 18, 1999, [Docket No. RM98–16–000; Order No. 608] re- Committee on Transportation and Infra- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ceived October 12, 1999, pursuant to 5 U.S.C. structure. mittee on Banking and Financial Services. 801(a)(1)(A); to the Committee on Commerce. 4889. A letter from the Chief, Office of Reg- 4869. A letter from the Assistant General 4878. A letter from the Secretary of Health ulations and Administrative Law, USCG, De- Counsel for Regulation, Office of the Sec- and Human Services, transmitting the Bien- partment of Transportation, transmitting retary, Department of Housing and Urban nial Report of the Director, National Insti- the Department’s final rule—Drawbridge Op- Development, transmitting the Depart- tutes of Health, 1997–1998; to the Committee eration Regulations: Thames River, CT ment’s final rule—Section 8 Housing Assist- on Commerce. [CGD01–99–178] (RIN: 2115–AE47) received Oc- ance Payments Program—Contract Rent An- 4879. A letter from the Assistant Legal Ad- tober 18, 1999, pursuant to 5 U.S.C. nual Adjustment Factors, Fiscal Year 2000 viser for Treaty Affairs, Department of 801(a)(1)(A); to the Committee on Transpor- [Docket No. FR–4528–N–01] received October State, transmitting Copies of international tation and Infrastructure. 18, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to agreements, other than treaties, entered into 4890. A letter from the Director, Office of the Committee on Banking and Financial by the United States, pursuant to 1 U.S.C. Regulatory Management and Information, Services. 112b(a); to the Committee on International 4870. A letter from the Assistant General Relations. Environmental Protection Agency, transmit- Counsel for Regulations, Office of the Sec- 4880. A letter from the Deputy Associate ting the Agency’s final rule—Water Quality retary, Department of Housing and Urban Administrator, Office of Acquisition Policy Standards; Establishment of Numeric Cri- Development, transmitting the Depart- Office of Governmentwide Policy, Depart- teria for Priority Toxic Pollutants; States’ ment’s final rule—Fair Market Rents for the ment of Defense, General Services transmit- Compliance-Revision of Polychlorinated Section 8 Housing Assistance Payments Pro- ting the Department’s final rule—Federal Biphenyls (PCBs) Criteria [FRL–6450–5] (RIN: gram—Fiscal Year 2000 [Docket No. FR–4496– Acquisition Regulation; Small Entity Com- 2040–AD27) received September 28, 1999, pur- N–02] received October 18, 1999, pursuant to 5 pliance Guide [FAC 97–14] received Sep- suant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 801(a)(1)(A); to the Committee on tember 21, 1999, pursuant to 5 U.S.C. mittee on Transportation and Infrastruc- Banking and Financial Services. 801(a)(1)(A); to the Committee on Govern- ture. 4871. A letter from the Assistant General ment Reform. 4891. A letter from the Writer-Editor, Bu- Counsel for Regulations, Office of the Assist- 4881. A letter from the Deputy Associate reau of Alcohol, Tobacco and Firearms, ant Secretary for Housing, Department of Administrator, Office of Acquisition Policy, transmitting the Bureau’s final rule—Rules Housing and Urban Development, transmit- Office of Governmentwide Policy, Depart- of Practice in Permit Proceedings; Technical ting the Department’s final rule—Introduc- ment of Defense, General Services transmit- Amendments [T.D. ATF–414] (RIN: 1512– tion to FHA Programs—received October 18, ting the Department’s final rule—Federal AB91) received October 18, 1999, pursuant to 5 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Acquisition Regulation; Technical Amend- U.S.C. 801(a)(1)(A); to the Committee on Committee on Banking and Financial Serv- ments [FAC 97–14; Item XVI] received Sep- Ways and Means. ices. tember 21, 1999, pursuant to 5 U.S.C. 4892. A letter from the Writer-Editor, Bu- 4872. A letter from the Director, Regula- 801(a)(1)(A); to the Committee on Govern- reau of Alcohol, Tobacco and Firearms, tions Policy and Management Staff, FDA, ment Reform. transmitting the Bureau’s final rule—Dele- Department of Health and Human Services, 4882. A letter from the Deputy Associate gation of Authority (99R–159P) [T.D. ATF– transmitting the Department’s final rule— Administrator, Office of Acquisition Policy, 416] (RIN: 1512–AB94) received October 18, General and Plastic Surgery Devices; Classi- Office of Governmentwide Policy, Depart- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the fication of the Nonresorbable Gauze/Sponge ment of Defense, General Services transmit- Committee on Ways and Means. for External Use, the Hydrophilic Wound ting the Department’s final rule—Federal 4893. A letter from the Writer-Editor, Bu- Dressing, the Occlusive Wound Dressing, and Acquisition Regulation; Cost Accounting reau of Alcohol, Tobacco, and Firearms, the Hydrogel Wound Dressing [Docket No. Standards Post-Award Notification [FAC 97– transmitting the Bureau’s final rule—Tech- 78N–2646] received October 18, 1999, pursuant 14; FAR Case 98–003; Item XV] (RIN: 9000– nical Amendments [T.D. ATF–413] (RIN: to 5 U.S.C. 801(a)(1)(A); to the Committee on AI23) received September 21, 1999, pursuant 1512–AC00) received October 18, 1999, pursu- Commerce. to 5 U.S.C. 801(a)(1)(A); to the Committee on ant to 5 U.S.C. 801(a)(1)(A); to the Committee 4873. A letter from the Director, Regula- Government Reform. on Ways and Means. tions Policy and Management Staff, FDA, 4883. A letter from the Deputy Associate f Department of Health and Human Services, Administrator, Office of Acquisition Policy transmitting the Department’s final rule— Office of Governmentwide Policy, Depart- REPORTS OF COMMITTEE ON Medical Devices; Gastroenterology and Urol- ment of Defense, General Services transmit- PUBLIC BILLS AND RESOLUTIONS ogy Devices; Classification of the ting the Department’s final rule—Federal Electrogastrography System [Docket No. Acquisition Regulation; Cost Accounting Under clause 2 of rule XIII, reports of 99N–4027] received October 18, 1999, pursuant Standards Post-Award Notification [FAC 97– committees were delivered to the Clerk to 5 U.S.C. 801(a)(1)(A); to the Committee on 14; FAR Case 98–003; Item XV] (RIN: 9000– for printing and references to the prop- Commerce. AI23) received September 21, 1999, pursuant er calendar, as follows: 4874. A letter from the Director, Office of to 5 U.S.C. 801(a)(1)(A); to the Committee on Regulatory Management and Information, Government Reform. Mr. LINDER: Committee on Rules. House Environmental Protection Agency, transmit- 4884. A letter from the Director, Executive Resolution 339. Resolution providing for con- ting the Agency’s final rule—Washington: Office of the President, Office of Manage- sideration of the bill (H.R. 2260) to amend the Final Authorization of State Hazardous ment and Budget, transmitting the annual Controlled Substances Act to promote pain Waste Management Program Revision [FRL– inventory of commercial activities per- management and palliative care without per- 6449–8] received September 28, 1999, pursuant formed by Federal Government employees; mitting assisted suicide and euthanasia, and to 5 U.S.C. 801(a)(1)(A); to the Committee on to the Committee on Government Reform. for other purposes (Rept. 106–409). Referred Commerce. 4885. A letter from the Director, Office of to the House Calendar. 4875. A letter from the Director, Office of Management and Budget, transmitting a f Regulatory Management and Information, copy of the report, ‘‘Agency Compliance with Environmental Protection Agency, transmit- Title II of the Unfunded Mandates Reform REPORTED BILL SEQUENTIALLY ting the Agency’s final rule—National Emis- Act of 1995,’’ pursuant to 2 U.S.C. 1538; to the REFERRED sion Standard for Hazardous Air Pollutants; Committee on Government Reform. Under clause 5 of rule X, bills and re- National Emission Standards for Radon 4886. A letter from the Director, Indian Emissions From Phosphogypsum Stacks Health Service, transmitting Study and in- ports were delivered to the Clerk for [FRL–6443–7] (RIN: 2060–AF04) received Sep- ventory of open dumps on Indian lands, pur- printing, and bills referred as follows: tember 29, 1999, pursuant to 5 U.S.C. suant to 25 U.S.C. 3903; to the Committee on Mr. HYDE: Committee on the Judiciary. 801(a)(1)(A); to the Committee on Commerce. Resources. H.R. 2005. A bill to establish a statute of

VerDate 12-OCT-99 05:01 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00109 Fmt 7634 Sfmt 0634 E:\CR\FM\L21OC7.000 pfrm02 PsN: H21PT1 H10724 CONGRESSIONAL RECORD — HOUSE October 21, 1999 repose for durable goods used in a trade or poses; to the Committee on Transportation the King of Jordan for his efforts to support business, with an amendment; referred to the and Infrastructure, and in addition to the the Middle East peace process and to con- Committee on Commerce for a period ending Committee on Commerce, for a period to be demn efforts within Jordan to further hos- not later than October 22, 1999, for consider- subsequently determined by the Speaker, in tility between Jordanians and Israelis by os- ation of such provisions of the bill and each case for consideration of such provi- tracizing and boycotting those individuals amendment as fall within the jurisdiction of sions as fall within the jurisdiction of the who have had any contact with Israel or that committee pursuant to clause 1(f), rule committee concerned. Israeli citizens; to the Committee on Inter- X. (Rept. 106–410, Pt. 1). By Mr. BARR of Georgia: national Relations. H.R. 3131. A bill to permit congressional re- f f view of certain Presidential orders; to the PUBLIC BILLS AND RESOLUTIONS Committee on the Judiciary. PRIVATE BILLS AND By Mr. CAPUANO (for himself, Mr. RESOLUTIONS Under clause 2 of rule XII, public SHAYS, Mr. CONYERS, Mr. HASTINGS of Under clause 3 of rule XII, bills and resolutions were introduced Florida, Mr. LATOURETTE, Mr. FRANK and severally referred, as follows: of Massachusetts, Mrs. MCCARTHY of Mr. PETRI introduced a bill (H.R. 3135) for the relief of Thomas McDermott, Sr.; which By Mr. BACHUS: New York, Mr. MCGOVERN, Ms. was referred to the Committee on Resources. H.R. 3120. A bill to amend the Internal Rev- MILLENDER-MCDONALD, Mr. LEWIS of enue Code of 1986 to provide additional tax Georgia, Mr. BALDACCI, Mr. OLVER, f Mr. HOLT, Mr. EVANS, Mr. MASCARA, incentives for education; to the Committee ADDITIONAL SPONSORS on Ways and Means. Mr. MARKEY, Ms. DELAURO, Mrs. By Mr. RADANOVICH: MEEK of Florida, Mr. LARSON, Mr. Under clause 7 of rule XII, sponsors H.R. 3121. A bill to amend the Migrant and OWENS, Mrs. MINK of Hawaii, Mr. were added to public bills and resolu- Seasonal Agricultural Worker Protection REYES, Mr. CROWLEY, Mr. BONIOR, Mr. tion as follows: Act; to the Committee on Education and the ROTHMAN, Mr. BROWN of Ohio, Mr. GONZALEZ, Ms. HOOLEY of Oregon, Mr. H.R. 50: Mr. GOODE. Workforce. ´ JACKSON of Illinois, Mr. MEEHAN, Mr. H.R. 72: Ms. VELZQUEZ and Ms. SANCHEZ. By Mr. THOMAS (for himself, Mr. NEY, WEINER, Mrs. LOWEY, Ms. KILPATRICK, H.R. 136: Ms. PRYCE of Ohio. Mr. HOYER, Mr. EHLERS, Mr. EWING, ALL Ms. JACKSON-LEE of Texas, Ms. WA- H.R. 170: Mr. H of Ohio. and Mr. FATTAH): H.R. 274: Mr. COOKSEY, Mr. CLYBURN, Mr. TERS, Mr. MENENDEZ, Ms. WOOLSEY, H.R. 3122. A bill to permit the enrollment FOSSELLA, Ms. MCKINNEY, and Mr. BATEMAN. Mr. SHOWS, Mr. DEFAZIO, Mr. NEAL of in the House of Representatives Child Care H.R. 371: Mr. PETERSON of Minnesota. Massachusetts, Ms. BALDWIN, Mr. Center of children of Federal employees who H.R. 403: Mr. WAXMAN and Mr. MARTINEZ. BRADY of Pennsylvania, Mr. are not employees of the legislative branch; H.R. 405: Mr. KANJORSKI and Mr. WELDON of DELAHUNT, Mr. PASCRELL, Mr. to the Committee on House Administration. Florida. HOEFFEL, Ms. LEE, Mr. TIERNEY, and By Mr. WICKER: H.R. 406: Mr. KANJORSKI. H.R. 3123. A bill to ensure that members of Mr. MALONEY of Connecticut): H.R. 3132. A bill to provide grants to assist H.R. 566: Ms. NORTON. the Armed Forces who are married and have State and local prosecutors and law enforce- H.R. 600: Mr. ISAKSON. minor dependents are eligible for military ment agencies with implementing juvenile H.R. 623: Mr. EWING. family housing containing more than two and young adults witness assistance pro- H.R. 714: Mr. PASTOR and Mr. ABER- bedrooms; to the Committee on Armed Serv- grams that minimize additional trauma to CROMBIE. ices. the witness and improve the chances of suc- H.R. 721: Mr. COMBEST. By Mr. PAUL: cessful criminal prosecution or legal action; H.R. 728: Mr. EVANS. H.R. 3124. A bill to amend the Internal Rev- to the Committee on the Judiciary. H.R. 731: Mr. SISISKY and Ms. LEE. enue Code of 1986 to provide a tax credit for By Mr. FALEOMAVAEGA (for himself, H.R. 804: Mrs. LOWEY. police officers and professional firefighters, H.R. 960: Mr. TOWNS and Ms. BERKLEY. Mr. ABERCROMBIE, Mrs. CHRISTENSEN, and to exclude from income certain benefits H.R. 1071: Mr. BONIOR, Ms. NORTON and Mr. Mr. DEUTSCH, Mr. ROMERO-BARCELO´ , received by public safety volunteers; to the SAWYER. and Mr. UNDERWOOD): Committee on Ways and Means. H.R. 3133. A bill to authorize the Secretary H.R. 1080: Mr. BAIRD. By Mr. GOODLATTE (for himself, Mr. of Commerce, through the National Oceanic H.R. 1102: Mr. SCHAFFER, Mrs. CAPPS, and LOBIONDO, Mr. WOLF, Mr. BOUCHER, and Atmospheric Administration, to provide Mr. LAMPSON. Mr. GIBBONS, and Mr. GOODE): financial assistance for coral reef conserva- H.R. 1193: Mr. SMITH of Texas. H.R. 3125. A bill to prohibit Internet gam- tion projects, and for other purposes; to the H.R. 1196: Mr. VENTO. bling, and for other purposes; to the Com- Committee on Resources, and in addition to H.R. 1221: Ms. DELAURO. mittee on the Judiciary. the Committee on Transportation and Infra- H.R. 1228: Mr. NEAL of Masssachusetts, Mr. By Mr. FRANK of Massachusetts: structure, for a period to be subsequently de- WEXLER, Mr. OLVER, Mr. RODRIGUEZ, and Mr. H.R. 3126. A bill to amend title 10, United termined by the Speaker, in each case for ROTHMAN. States Code, to provide that consensual sex- consideration of such provisions as fall with- H.R. 1260: Mr. VISCLOSKY. ual activity between adults shall not be a in the jurisdiction of the committee con- H.R. 1304: Mr. KUYKENDALL and Mr. DIXON. violation of the Uniform Code of Military cerned. H.R. 1325: Mr. STRICKLAND. Justice; to the Committee on Armed Serv- By Mr. SAXTON: H.R. 1344: Mr. PASTOR. ices. H.R. 3134. A bill to ban the provision of H.R. 1356: Mr. SCHAFFER. By Mr. MOORE: Federal funds to the International Monetary H.R. 1518: Mr. CUMMINGS. H.R. 3127. A bill to amend the Internal Rev- Fund unless it pays remuneration to the H.R. 1591: Mr. CUMMINGS. enue Code of 1986 to eliminate the complex- United States on 100 percent of the reserve H.R. 1592: Mr. SHIMKUS. ities of the estate tax deduction for family- position of the United States in the Inter- H.R. 1644: Ms. DEGETTE. owned business and farm interests by in- national Monetary Fund; to the Committee H.R. 1657: Mr. LIPINSKI. creasing the unified estate and gift tax cred- on Banking and Financial Services. H.R. 1686: Mr. WELDON of Pennsylvania. it to $3,000,000 for all taxpayers; to the Com- By Mr. SABO: H.R. 1775: Mr. KUYKENDALL, Mr. WOLF, Mr. mittee on Ways and Means. H. Con. Res. 203. Concurrent resolution rec- COOKSEY, Ms. EDDIE BERNICE JOHNSON of By Mr. PAUL: ognizing the late Bernt Balchen for his many Texas, Mr. WAXMAN, Mr. CUNNINGHAM, Mr. H.R. 3128. A bill to amend the Internal Rev- contributions to the United States and a life- LEWIS of California, Mr. HOEFFEL, Mr. enue Code of 1986 to provide for a nonrefund- time of remarkable achievements on the cen- HUNTER, and Mr. TANCREDO. able tax credit for law enforcement officers tenary of his birth, October 23, 1999; to the H.R. 1837: Mr. HOYER, Mr. SANDERS, Ms. who purchase armor vests, and for other pur- Committee on Government Reform. LEE, and Mr. TURNER. poses; to the Committee on Ways and Means. By Mr. SMITH of New Jersey (for him- H.R. 1838: Mr. VENTO. By Ms. PRYCE of Ohio: self, Mr. HOYER, and Mr. FORBES): H.R. 1926: Mr. BARRETT of Wisconsin. H.R. 3129. A bill to amend title 18, United H. Con. Res. 204. Concurrent resolution H.R. 1977: Mr. SHERMAN. States Code, to prohibit strength increasing voicing concern about serious violations of H.R. 2059: Mr. GILMAN and Mr. THOMPSON of equipment in Federal prisons and to prevent human rights and fundamental freedoms in Mississippi. Federal prisoners from engaging in activities most states of Central Asia, including sub- H.R. 2100: Mr. LATHAM, Mr. ROTHMAN, and designed to increase fighting ability while in stantial noncompliance with their Organiza- Mr. GIBBONS. prison; to the Committee on the Judiciary. tion for Security and Cooperation in Europe H.R. 2162: Mr. BILBRAY. By Mr. BAKER: (OSCE) commitments on democratization H.R. 2171: Mr. MOORE. H.R. 3130. A bill to amend the Tennessee and the holding of free and fair elections; to H.R. 2341: Mrs. WILSON, Ms. ESHOO, Ms. Valley Authority Act of 1933, to ensure that the Committee on International Relations. BERKLEY, Ms. PELOSI, Mr. KLINK, Mrs. CAPPS, the Tennessee Valley Authority does not By Mr. HASTINGS of Florida: Mr. UPTON, Mr. WATT of North Carolina, Mr. place the United States Treasury at risk for H. Res. 340. A resolution expressing the ap- NADLER, Mr. KUYKENDALL, Mr. FILNER, Mr. its financial instability, and for other pur- preciation of the House of Representatives to LARSON and Ms. DEGETTE.

VerDate 12-OCT-99 05:44 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00110 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.085 pfrm02 PsN: H21PT1 October 21, 1999 CONGRESSIONAL RECORD — HOUSE H10725

H.R. 2369: Mr. DEFAZIO. H.R. 2969: Mr. SMITH of New Jersey. H. Con. Res. 199: Mr. TURNER. H.R. 2376: Mr. RILEY and Mr. HASTINGS of H.R. 2985: Mr. GOODE. H. Res. 169: Mr. DEUTSCH, Mr. GREEN of Washington. H.R. 2987: Mr. MORAN of Kansas and Mr. Wisconsin, Mr. BORSKI, Mr. WAXMAN, and Mr. H.R. 2382: Mr. WELDON of Pennsylvania and FORBES. UNDERWOOD. Mr. BARR of Georgia. H.R. 2991: Mr. HALL of Texas, Mr. BENTSEN, H. Res. 325: Mr. UPTON, Mr. MURTHA, Mr. H.R. 2405: Mr. CUMMINGS and Mr. HINOJOSA. Mr. ETHERIDGE, Mr. FLETCHER, Mr. ABER- ROMERO-BARCELO´ , Mr. SANDERS, Mr. H.R. 2420: Ms. CARSON, Mr. WELDON of CROMBIE, Mr. THUNE, Mr. SKEEN, Mr. BAR- SANDLIN, and Mr. WATT of North Carolina. Pennsylvania, Mr. MURTHA, and Mr. OWENS. RETT of Nebraska, Mr. RILEY, and Mr. H. Res. 332: Mr. ROGAN. H.R. 2544: Mr. NETHERCUTT. PHELPS. H.R. 2554: Ms. PRYCE of Ohio. H.R. 3012: Mr. GARY MILLER of California. H.R. 2558: Mrs. BONO. f H.R. 3039: Mr. GILCREST, Mr. BARTLETT of H.R. 2569: Mr. CAMPBELL and Mr. WAXMAN. Maryland, Mr. PICKETT, Mr. BORSKI, Mr. SISI- H.R. 2628: Mr. HUTCHINSON, Mr. GREEN of SKY, Mr. EHRLICH, Mr. BLILEY, Mr. WELDON of Wisconsin, and Mr. HALL of Texas. DELETIONS OF SPONSORS FROM H.R. 2727: Mr. BISHOP, Mr. GREENWOOD, Mr. Pennsylvania, Mr. HOYER, Mr. CARDIN, Mr. PUBLIC BILLS AND RESOLUTIONS SAXTON, Mr. COOKSEY, and Mr. LIPINSKI. HOLDEN, and Mr. MORAN of Virginia. H.R. 2749: Mr. MCINNIS, Mr. PICKETT, and H.R. 3075: Mr. ADERHOLT and Mr. Under clause 7 of rule XII, sponsors Mr. SESSIONS. RADANOVICH. were deleted from public bills and reso- H.R. 2776: Mr. GILMAN. H.R. 3087: Mrs. MINK of Hawaii. lutions as follows: H.R. 2785: Mr. ROGAN, Mr. ENGEL, and Mr. H.R. 3110: Ms. PRYCE of Ohio and Mr. H.R. 1598: Mr. THOMPSON of California. FORD. BILBRAY. H.R. 2882: Mr. KUCINICH and Mr. THOMPSON H.R. 3113: Mr. UDALL of New Mexico and DISCHARGE PETITIONS—ADDITIONS OR of Mississippi. Mr. WYNN. DELETIONS H.R. 2888: Mr. DAVIS of Illinois. H.J. Res. 39: Mr. LEWIS of Georgia, and Mr. The following Members added their H.R. 2902: Ms. KAPTUR, Mr. PASTOR, Mr. THOMPSON of Mississippi. names to the following discharge peti- H.J. Res. 70: Mr. BLILEY. NADLER, Mr. GUTIERREZ, Mr. TIERNEY, and tions: Mr. ABERCROMBIE. H.J. Res. 72: Mr. WATKINS, Mr. HALL of H.R. 2906: Mr. TIERNEY. Texas, and Mr. LUCAS of Oklahoma. Petition 6, October 5, 1999, by Mr. BONIOR H.R. 2925: Mr. SKEEN, Mr. SMITH of Texas, H. Con. Res. 190: Mr. METCALF and Ms. on House Resolution 301 has been signed by Mr. UPTON, and Mr. MCHUGH. LOFGREN. the following Members: Peter Deutsch.

VerDate 12-OCT-99 05:01 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00111 Fmt 7634 Sfmt 0634 E:\CR\FM\A21OC7.088 pfrm02 PsN: H21PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, THURSDAY, OCTOBER 21, 1999 No. 144 Senate The Senate met at 9:31 a.m. and was morning from Reynoldsburg, OH. I had Pending: called to order by the President pro the pleasure of meeting him a few mo- Boxer amendment No. 2320 (to the text of tempore [Mr. THURMOND]. ments ago, but in a sense I have known the language proposed to be stricken by The PRESIDENT pro tempore. To- him for at least a number of years be- amendment No. 2319), to express the Sense of day’s prayer will be offered by our cause my brother, Andrew McGilli- the Congress that, consistent with the rul- guest Chaplain, Father Daniel L. Ochs, cuddy, is a member of his parish—Andy ings of the Supreme Court, a woman’s life St. Pius X Church, Reynoldsburg, OH. and Chris—and as a result of their re- and health must always be protected in any reproductive health legislation passed by quest, Father Dan was able to join us Congress. PRAYER this morning. He is the pastor of a Harkin amendment No. 2321 (to amend- The guest Chaplain, Father Daniel L. church of 2,400 families, a great respon- ment No. 2320), to express the Sense of Con- Ochs, offered the following prayer: sibility. We are delighted he is with us gress in support of the Supreme Court’s deci- Lord God, we call to mind Your pres- this morning. sion in Roe v. Wade. ence and ask that we may be mindful f The PRESIDING OFFICER. Under of Your will for us. In Your bountiful the previous order, there will now be 2 SCHEDULE goodness, You have made us a great na- hours of debate equally divided prior to tion subject to You. Mr. MACK. Mr. President, today the the vote on amendment No. 2321. May we serve You in humble grati- Senate will resume consideration of The Senator from California. tude and be faithful in our responsi- the pending Harkin amendment to the Mrs. BOXER. I thank the Chair. bility to work for the fulfillment of partial-birth abortion ban bill. By pre- I also want to say something about Your kingdom on Earth, a kingdom of vious consent, there are 2 hours of de- the prayer which I found to be quite justice, peace, and love. Stirred up by bate on the amendment. Therefore, beautiful. I think talking about mak- Your Holy Spirit, may we replace hate Senators can anticipate a vote at ap- ing sure we have no hate in our heart with love, mistrust with under- proximately 11:30 a.m., unless the time is really important. It is so important standing, and indifference with inter- is yielded back on the amendment. to all of us as we debate this legisla- dependence. Bless our Senators so that Senators should be aware future roll- tion, to understand that we have great with open minds and hearts they may call votes are expected in an attempt differences but to try to reach for that become peacemakers in our world. May to complete action on the bill prior to part of ourselves that brings us all to- the Earth be filled with Your glory. adjournment today. gether. Amen. Following the completion of the par- I thank the guest Chaplain as well. f tial-birth abortion ban bill, the Senate This morning I am very pleased to be may begin consideration of any legisla- here. I know that while Democratic PLEDGE OF ALLEGIANCE tive items on the calendar or any con- Senators were attending a dinner last The Honorable MIKE CRAPO, a Sen- ference reports available for action. evening, the debate into the late hours ator from the State of Idaho, led the I thank my colleagues for their at- was rather one-sided. So I really do ap- Pledge of Allegiance, as follows: tention. preciate the fact we have a little time I pledge allegiance to the Flag of the f this morning to set the record straight. I am very pleased the Senator from United States of America, and to the Repub- RESERVATION OF LEADER TIME lic for which it stands, one nation under God, Iowa, who is on his way here, was able indivisible, with liberty and justice for all. The PRESIDING OFFICER. Under to place his amendment before the Sen- f the previous order, the leadership time ate so we could bring back this debate is reserved. on a woman’s right to choose, the fun- RECOGNITION OF THE ACTING f damental right women won in this MAJORITY LEADER country in 1973 when the Court decided The PRESIDING OFFICER (Mr. PARTIAL-BIRTH ABORTION BAN that, in fact, a woman in the earlier CRAPO). The Senator from Florida is ACT OF 1999 stages of her pregnancy has a right to recognized. The PRESIDING OFFICER. The Sen- choose freely, with her doctor and her f ate will now resume consideration of S. husband and her family, as to how to 1692, which the clerk will report by handle their situation. I think it was a FATHER DAN OCHS title. very important, landmark decision. Mr. MACK. Mr. President, I extend a The legislative clerk read as follows: The decision went on to say that in warm welcome to Father Dan this A bill (S. 1692) to amend title 18, United the later term, which we are talking morning. He is our guest Chaplain this States Code, to ban partial-birth abortions. about a great deal, the State has the

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

S12949

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VerDate 12-OCT-99 00:19 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.000 pfrm01 PsN: S21PT1 S12950 CONGRESSIONAL RECORD — SENATE October 21, 1999 right to regulate it. So what Roe did and these doctors do not agree with his will get into that when we talk about was to balance the rights of the views. why the Roe v. Wade decision was so woman, if you will, with the child she I guess perhaps the biggest insult and important. As long as the women in is carrying. It says in the late term and the biggest injury that was done yes- this country and the families in this in the midterm, the States can regu- terday on this floor was when the Sen- country choose what is legal and avail- late the procedure, and that is very im- ator from Pennsylvania dismissed able to them, we should respect that. portant, but the woman’s life and the heartfelt stories of women and their The legalities have been settled since woman’s health must always be para- families who have struggled through 1973. Make no mistake about it, the en- mount. This is important. the biggest tragedy, almost, that any- tire purpose of this underlying bill and What we have in the underlying bill one can imagine—of having to termi- other amendments that may come be- is just the opposite. The underlying bill nate a pregnancy at the final stages be- fore us—I do not know what amend- makes no exception for a woman’s cause something has gone horribly ments they will be—are all about one health. Now, the Senator from Penn- wrong and the baby, if born, would suf- thing: undermining this basic legal de- sylvania says there doesn’t need to be fer and the mother would suffer ad- cision called Roe v. Wade. that exception. I didn’t know he had a verse health consequences, irreversible; At 11:30 this morning, the Senate will medical degree. I would prefer to listen he called those stories anecdotes. Don’t make an important vote as to whether to the obstetricians and gynecologists. be blinded, he says, by the anecdotes of or not they believe Roe v. Wade should He cites 600 doctors. There are 40,000 women. I want to say to my colleague be confirmed by this Senate. I want to strong. I prefer to listen to the nurses, from Pennsylvania, with no hate in my read a quote that was put in the to the women who have chosen to go heart whatsoever, you call these sto- RECORD yesterday. I think it is very into the health professions. All those ries anecdotes. I say these stories are important to understand this state- ment is a statement of Supreme Court letters were put into the RECORD. these families’ lives. It is what they Justices O’Connor, Kennedy, and And so I believe very strongly that have experienced. It is what they will Souter. In a case called Planned Par- we must always protect the life and forever have to live with. I think it is enthood of Southeastern Pennsylvania health of a woman while we grapple shameful to dismiss them in that fash- with the obvious religious, moral, and v. Casey, listen to what these three ion. Justices, all Republicans appointed by ethical questions as to what type of re- Many of these women are here in the Republican Presidents, said about the strictions ought to be placed on abor- Capitol. They are here with their fami- basic issue we are talking about: tion in the later term. lies; they are here with their children; At the heart of liberty is the right to de- I was very discouraged and saddened they are telling their stories. To dis- by the debate yesterday because I fine one’s own concept of existence, of mean- miss it and say don’t be blinded by a ing, of the universe, and of the mystery of thought what came out on this floor few anecdotes is, to me, very cruel, in- human life. Beliefs about these matters were words that were full of hate. To deed. could not define the attributes of personhood call a doctor an executioner is wrong; I say to the Senator from Pennsyl- were they formed under compulsion of the to talk about killing babies is wrong; vania, and the Senators who support State. and I don’t think it brings this Nation him, that I support his right to view ‘‘Compulsion of the State.’’ What closer together on this issue. I do not this issue in any way he chooses. I sup- these Justices said, all appointed by think it sets an atmosphere in which port the right of his family to handle Republican Presidents, was that the we can try to work together. But this these health care emergencies in any state should stay out of this crucial de- morning I think we are debating some- way they decide with their doctor, with cision. It is something that exists in thing different. We are debating a very each other, with their God, with their our hearts, in our souls, in our beings. fundamental Court decision. The Har- priest, with their rabbi, with their min- The ‘‘meaning of the universe and kin amendment simply says that Court ister. It is their right. I would no soon- the mystery of human life’’ should not decision should not be overturned. I er tell the Senator from Pennsylvania’s be dictated by the state, by Senator look forward to an overwhelming vote, family how to handle this matter than SANTORUM, by Senator BOXER, by any and I hope it will be overwhelming, not anything I can imagine. I would never Senator. It is up to each individual. When Roe was decided and it was re- to overturn Roe. Because I think if we do that. I do not want the Senator from affirmed by the Court, and hopefully it do that, and that amendment is at- Pennsylvania telling my family and will be reaffirmed today by this Sen- tached to the underlying bill, it will my rabbi and my children how to han- give the President even more reason to ate, it basically gave that liberty to dle a health emergency. I resent that. the people of this country. I think it is veto the underlying bill because we I have enough respect for my family very important to note it has been will affirm that this Senate stands in that we would do what is right. I have stated on this floor over and over favor of a woman’s right to choose, and enough respect for every family in again, the underlying bill has nothing of Roe. Remember, Roe says that at America that they would do what is to do with Roe v. Wade. I ask you, col- every stage of a pregnancy the wom- right. If the families in America did leagues, to look at the 19 Court deci- an’s health must be protected. The un- not agree with me, I would say God sions that have contradicted that derlying bill makes no such exception. bless you; you handle this in any way statement. In each and every case, the When you talk about abortion, you you want. Court said the Santorum bill, the ap- are really talking about choice. Should That is where the differences lie be- proach he has taken, contradicts Roe, the Government, this Government, this tween the philosophy of the Senator because in each and every case they Senate, tell women and families what from Pennsylvania and the philosophy found the definition of this partial- to do in an emergency tragic health of those of us who consider ourselves birth abortion—of which there is no situation? That is what we are talking pro-choice. We trust the women of medical meaning, there is no medical about in the underlying bill. The Sen- America. We trust the families of term—is so vague that it could, in fact, ator from Pennsylvania says, yes, the America. We trust them to seek the ap- apply to any procedure and, therefore, Government should tell families what propriate counsel. We trust them to it essentially stops all abortion. In- to do. Unfortunately, in his argument, make this painful and difficult decision deed, if you look at some of the States, in my view—and it is shared by many— without Government telling them what in some of the States, before the Court he demeans women; he demeans fami- to do. overturned these statutes, there was no lies; and he demeans doctors. Worse When the women in this country abortion being performed at any stage than that, far worse than that, he de- have a health problem, they do not go because of the vaguely worded law, the monizes women, demonizes families to see their Senator. They don’t go to words of the Santorum bill. who do not agree with him. He demon- see Dr. SANTORUM or Dr. BOXER or Dr. In Alaska, the vagaries of the law are izes doctors, doctors who bring babies HELMS or Dr. MIKULSKI. They go to obvious, and Alaska overturned the into this world, doctors who help save their physician. We should not play Santorum bill. lives, who protect our health, who pro- doctor. It is not appropriate, it is not In Florida, this statute ‘‘may endan- tect a woman’s fertility. He does that right, and it is dangerous. It is very ger the health of women’’—they over- only if these women and these families dangerous to the health of women. We turned the Santorum bill.

VerDate 12-OCT-99 00:19 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.003 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S12951 In Idaho, the act bans the safest and choice. The voters in Washington State Mrs. MURRAY. I ask the Senator most common methods of abortion and recognized the importance of the land- from California for an additional 3 they overturned—this is Idaho—the mark Supreme Court decision giving a minutes. Santorum bill. woman the right to determine her own Mrs. BOXER. Yes, 3 minutes. In Louisiana, the judge said this is fate and make her own personal health The PRESIDING OFFICER. The Sen- truly a conceptual theory that has no and reproductive decisions. ator is recognized. relation to fact, law, or medicine, and Washington State voters have also Mrs. MURRAY. Mr. President, since they overturned this bill. spoken out on this particular effort— 1995, we have had more than 110 anti- In Michigan, they said physicians the underlying bill—which attempts to choice votes in Congress. More than 110 simply cannot know with any degree of undermine Roe v. Wade by outlawing times, we have voted to restrict or confidence what conduct may give rise one abortion procedure after another. deny access to safe and legal reproduc- to criminal prosecution and license In 1998, a year ago, the voters of my tive health care. More than 110 times revocation, and they overturned the State overwhelmingly defeated a ballot we have voted to undermine and limit bill. initiative to ban the so-called partial- the constitutional guarantees that And it goes on—Missouri, Montana. birth abortions. That initiative was al- were provided in the Roe v. Wade deci- They say the problem here is that the most identical to S. 1692. sion. legislation goes way beyond banning I am really proud of Washington The goal is clear: Little by little, the the type of abortion depicted in the il- State voters who stood up to defend a proponents of the underlying bill want lustrations. woman’s right to her own reproductive to place so many barriers and obstacles Court after court has stated this bill health and choice decisions. That ini- in front of women and their physicians overturns Roe, and that is why the tiative which was on our ballot a year that abortions will only be available to Senator from Iowa was so correct to ago was defeated because there was no a few wealthy women, just as it was be- bring his amendment to the floor to re- exception, no consideration for the fore the Roe v. Wade decision. A affirm Roe. health of the woman. Her life and her woman who is a victim of rape or in- I see the Senator from Washington is health were made not just secondary cest, a woman whose life is at stake, here, and I ask her how many minutes concerns but of no concern at all. In will not even be able to find a provider. she would like to use on this amend- my State, voters understood why this In fact, I want my colleagues to know ment. kind of ban was a threat to all women. we are already seeing this. In some Mrs. MURRAY. Mr. President, if the The Harkin amendment we are now States, there are no doctors now who Senator from California will yield me 5 debating gives us the opportunity to are willing to provide a legal health minutes. talk about the role of the woman in care procedure. We are going back to Mrs. BOXER. I so yield. this decision. It will allow Members to the dark days when women’s health The PRESIDING OFFICER. The Sen- stand up and say the Roe decision was was at risk because of the laws of this ator from Washington is recognized for an important one, one we stand behind. land. 5 minutes. The Harkin amendment will send a Let there be no confusion; the pro- Mrs. MURRAY. Mr. President, first, I message to women that we recognize ponents of this bill want to outlaw thank my colleague from California for the turning point in equality that fol- abortions step by step since they know her tremendous amount of work on the lowed the 1973 landmark ruling. a majority of Americans will not give floor on a very emotional and difficult As the Senator from Iowa pointed up their rights to make this decision issue to show all of us what is really out, there was a time in our country’s on their own with their own family and behind the bill that is before the Sen- history when a woman could not own their own faith. ate and to stand up for women across property, could not vote, or could not If you support the Roe v. Wade deci- this country to make their own health have access to safe family planning sion, you have to support the Harkin care decisions, along with their family services. There was a time when amendment. If you support a woman’s and their own faith, without the inter- women were not allowed access to right to choose, you have to support ference of those of us on this floor who equal education. There was a time in the Harkin amendment. And a ‘‘no’’ are not medical doctors and who are our history when having a child meant vote will send a message that the Sen- not members of that family. being forced out of the workplace. ate does not support Roe or recognize I thank the Senator from Iowa, Mr. Those times have passed. Women the importance that a woman has to HARKIN, for offering the amendment we made gains as those offensive policies make this decision on her own. are now debating because his amend- were changed, banned, and overturned, I urge my colleagues to vote for the ment—and I want my colleagues to and I will do everything I can to make Harkin amendment and put us on look at it very carefully—is really sure votes such as the one we are talk- record where we ought to be: To allow what this debate is about, and I think ing about do not take us back to the women to have safe, legal reproductive everyone here knows it. dark days because the women of Amer- choices that allow them to make this The question is, Do we really stand ica are not going back. decision with their family and their for and behind Roe v. Wade? Do we The proponents of S. 1692 say their faith. That is where this decision rests, really support a woman’s right of intent is to end late-term abortions. not on the floor of the Senate. choice? Are we going to allow women We are not going to be fooled. We know I thank my colleague from Cali- to make this incredibly important de- this is just another attempt to chip fornia. cision in consultation with their physi- away at Roe v. Wade. This is just an- The PRESIDING OFFICER. The Sen- cian and their family and their faith or other attempt to undermine that deci- ator from California. are we going to stand on the floor of sion and deny access to safe and legal Mrs. BOXER. Mr. President, I yield the Senate and make that decision for abortion services. This is just another 10 minutes to the Senator from Iowa, her? attempt to harass providers and gen- the author of this amendment. I have often heard many of my col- erate hateful rhetoric. This is just an- The PRESIDING OFFICER. The Sen- leagues talk about being pro-choice other attempt to limit access. ator from Iowa is recognized for 10 simply because they do not support The proponents are trying to achieve minutes. overturning Roe v. Wade. But over and through public relations what they Mr. HARKIN. Mr. President, I thank over, when it comes time to provide ac- cannot do in the courts or in the legis- my colleague for yielding me this time, cess or services or to allow Federal em- latures. Their ultimate goal is to make and I thank her for her strong support ployees access to these services, these the rights and health protections guar- for women’s rights and the constitu- same pro-choice Members vote to re- anteed in Roe worth nothing more than tional right of women to make their strict a woman’s right to choose. the paper on which it was written. The own decisions in terms of reproductive I know the difference, as do the vot- Harkin amendment calls them on this health. ers in my home State of Washington. bluff and demands accountability. I thank the Senator from Wash- In 1992, my State voted overwhelm- The PRESIDING OFFICER. The Sen- ington, Mrs. MURRAY, for her strong ingly in support of a woman’s right of ator’s 5 minutes have expired. support, and my friend and colleague

VerDate 12-OCT-99 00:19 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.006 pfrm01 PsN: S21PT1 S12952 CONGRESSIONAL RECORD — SENATE October 21, 1999 from Illinois who will be speaking struck down the Texas law. The Court ment. That is his right. I know he does shortly, Senator DURBIN. recognized for the first time the con- not believe in Roe v. Wade. I know he It has been said by the proponent of stitutional right to privacy ‘‘is broad believes that Roe v. Wade should be the underlying bill that this amend- enough to encompass a woman’s deci- overturned. There are others who be- ment of mine has nothing to do with sion whether or not to terminate her lieve that. But I hope the vast majority his underlying bill. I beg to differ and pregnancy.’’ of the Senate will vote, with a loud to disagree. The Court set some rules. It recog- voice, that Roe v. Wade was a wise de- This amendment has everything to nized that the right to privacy is not cision. It secured an important con- do with the underlying amendment be- absolute, that a State has a valid inter- stitutional right for women. It should cause, really, what my friend from est in safeguarding maternal health, not be overturned. Pennsylvania is seeking to do is to maintaining medical standards, and I reserve the remainder of my time begin the long process—which I am protecting potential life. A State’s in- and yield the floor. sure he would like to have a shorter terest in ‘‘potential life’’ is ‘‘not com- Mrs. BOXER addressed the Chair. process—to overturn Roe v. Wade, to pelling,’’ the Court said, until viabil- The PRESIDING OFFICER (Mr. take away the constitutional right ity, the point in pregnancy at which VOINOVICH). The Senator from Cali- that women have in our country today there is a reasonable possibility for the fornia. to decide their own reproductive health sustained survival of the fetus outside Mrs. BOXER. If there was any extra and procedures. That is really what the womb. time, I hope we will keep it on our side. this is about: A chipping away—one This is the important part: A State I discussed this with the Senator from thing here, another thing there. may, but is not required, to prohibit Pennsylvania, and he has been gracious If anyone believes, by some fantasy abortion after viability, except when it enough to agree, since our colleagues dream, if the underlying bill of the is necessary to protect a woman’s life have time problems; what I would like Senator from Pennsylvania would ever or health. That is what Mr. to propound is that Senator DURBIN be become the law of the land, that this SANTORUM’s underlying bill does; it given 5 minutes, followed by Senator would be the end of it, that the Senator strikes out those very important words FEINSTEIN for 12 minutes, and then we from Pennsylvania and those who be- ‘‘or health.’’ will reserve the remainder of our time lieve and feel as he does would not feel As we have repeated stories of women for the closing debate. And the Senator the need to do anything else with re- who have had this procedure, who, if from Pennsylvania will then have an gard to a woman’s right to choose, is they had not had this procedure, could hour left on his side. sadly mistaken. They will be back have been injured permanently for life, The PRESIDING OFFICER. Is there again with something else, and back been made sterile for life, not being an objection to the request? again with something else, until Roe v. able to hope to even raise a family Without objection, it is so ordered. Wade is overturned. That is really after that, that has a lot to do with a Mrs. BOXER. I thank the Chair. what they are about. woman’s health. The PRESIDING OFFICER. The Sen- So as far as I know, this will be the I heard the Senator from Pennsyl- ator from Illinois is recognized for 5 first time that the Senate of the vania say something yesterday about minutes. United States has ever been able to we should not be guided by these anec- Mr. DURBIN. I thank the Chair, and speak; that is, to vote on how we feel dotes that people come and tell us. But I thank the Senator from California for and how we believe Roe v. Wade ought what we do hear affects people’s lives. yielding me this time. to be interpreted as the law of the land. These are not anecdotes. I am going to vote in favor of the This is the first time, that I know of, I told the story yesterday of my Harkin amendment. The Senator from that we have had the opportunity to friend, Kim Coster, and her husband. Iowa has put the question before the vote up or down on whether or not we She had to go through this procedure Senate, which is very straightforward: believe that Roe v. Wade should stand twice. She still has hopes of raising a Do you support the 1973 decision of the and should not be overturned and that family—a very wrenching, painful deci- U.S. Supreme Court which said that we it is, indeed, a good decision. sion for her and her husband. Is that an will protect a woman’s right to choose? Again, I just read the ‘‘Findings’’ of anecdote? No. It is a true-life story of The decision of that Court said that my amendment. My amendment is very what happens to individuals because of the privacy of each of us, as individ- short. It just says: what we do here. uals, has to be protected, and particu- Congress finds that— Let us always keep in mind that the larly the privacy of a woman when she (1) reproductive rights are central to the votes we cast, the laws that we pass, is making a critical decision about her ability of women to exercise their full rights affect real people in real-life situa- health. under Federal and State law; tions. These are not anecdotes. These I have, over the past day or so, been (2) abortion has been a legal and constitu- are not something to cloud and to fog involved in a debate on this floor about tionally protected medical procedure our reasoning. I believe I paraphrased a this issue. And I thank all of my col- throughout the United States since the Su- leagues for participating in this debate. preme Court decision in Roe v. Wade; little bit what the Senator from Penn- (3) the 1973 Supreme Court decision in Roe sylvania said. I may not have said the On an amendment I offered, there were v. Wade established constitutionally based words correctly, but that is sort of some 38 votes last night. I wish there limits on the power of States to restrict the what he said. were more. Any Senator would. I am right of a woman to choose to terminate a No, we should use real-life stories to proud of those who stood with me and pregnancy; and guide and direct us as to what we hope we have taken one small step to- (4) women should not be forced into illegal should do within the constitutional ward finding common ground con- and dangerous abortions as they often were framework and what we should do to sensus, while conceding what the Sen- prior to the Roe v. Wade decision. (b) . . . It is the sense of the Congress ensure that we do not trample on con- ator from Iowa has made a point in his that— stitutional rights, and especially, here, amendment; that is, first, we will keep (1) Roe v. Wade was an appropriate deci- the constitutional rights of women to abortion procedures safe and legal in sion and secures an important constitutional control their own reproductive health. America and, second, we will try to right; and So I would just say to my friend from find reasonable restrictions within that (2) such decision should not be overturned. Pennsylvania, this amendment, this decision. I believe that is what the de- Very simple and very straight- sense-of-the-Congress resolution that is bate was about yesterday. forward. It has everything to do with now pending, has everything to do with The point I make this morning, in the underlying bill because what the the underlying bill. It is the first time the brief time I have, goes to the heart underlying bill really seeks to do is that we will be able to speak as to of this issue. This amendment really overturn Roe v. Wade. whether or not we believe Roe v. Wade tests us as to our feelings about the Why? Because Roe v. Wade leaves an should continue, should not be over- women of America, particularly those exception in to protect the woman’s turned, and was a wise decision. who are mothers, and the children of life or health. The Court, in siding with I am certain the Senator from Penn- America. I am troubled by those who Roe in the Texas case that was filed, sylvania will vote against my amend- oppose the Roe v. Wade decision and

VerDate 12-OCT-99 00:19 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.007 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S12953 say they are doing it because they be- I believe Roe v. Wade has in a way ica, as if we don’t have sense enough to lieve in the women of America. Then recognized the constitutional reality of do with our bodies what we know is we look at their voting records and privacy in this country. It is said a ethically and morally right. say, where are they? woman should have the right to The fact is, the overwhelming major- For example, let’s use one very basic choose. In that critical moment when ity of women in this great Nation do issue. We on the Democratic side, with she is making that decision with her know and they do what is right. They the help of Senator KENNEDY and oth- doctor, with her husband, with her want to have children and they do de- ers, have been fighting hard to increase family, with her conscience, the Gov- liver children. The beauty of Roe v. the minimum wage. Our belief is that ernment should not be there making Wade was that it took the explosive people who are going to work every day the decision for her. issue of abortion out of the political deserve a decent living wage. The min- Yes, there are restrictions in Roe v. arena and set a trimester system that imum wage has been stuck at $5.15 an Wade. Some people think they are too made sense, both for the unborn child hour for too long. Who are the largest much; some, too little. Be that as it as well as for the woman herself. recipients of the minimum wage in may, the basic constitutional principle I will quickly summarize what that America? Women, women who go to is sound. Members of the Senate will is. Roe essentially said that for the work, many with children, struggling have, in a very brief moment in time, a stage prior to the end of the first tri- to survive. If we believe in the dignity critical opportunity to decide whether mester of pregnancy, the abortion deci- of women, we should be voting for an or not they want to turn back the sion must be left to the medical judg- increase in the minimum wage. clock to back-alley abortions, to the ment of the pregnant woman and the Not too long ago, the Republican ma- days when abortions were not safe and woman’s attending physician. For the jority in the House suggested cutting legal in this country. stage approximately following the end back on a tax credit for lower-income I hope we have a solid, strong major- of the first trimester, the State, in pro- working families, the earned-income ity vote in support of the Harkin moting its interest in the health of the tax credit. They said: This is the way amendment. mother, may, if it chooses, regulate the we will balance the budget. Thank The PRESIDING OFFICER. The Sen- abortion procedure in ways that are goodness even a Republican candidate ator from California is recognized for reasonably related to maternal health. for President came out against that 12 minutes. Finally, for the stage following via- idea. Mrs. FEINSTEIN. I thank the Chair. bility—that is, the time when the fetus It raises a question in my mind: I begin by thanking the Senator from can live outside of the womb—the Those who oppose the idea of Roe v. California for her leadership on this State, in promoting its interests in the Wade and say they still stand up for issue. I have watched her on the floor. potentiality of human life, may, if it the women of America, where are they She has carried the message of this im- chooses, regulate and even ban abor- on these other issues as well? Histori- portant issue in a very significant way. tion, except where it is necessary, in cally, the same people who are opposed I thank her very much. the appropriate medical judgment, for to Roe v. Wade are opposed to increas- I want to speak today as a mother of the preservation of the life or health of ing the minimum wage and want to cut a daughter, as a stepmother of three the mother. the tax credit for working families, young women and a grandmother of That is Roe v. Wade. It took the de- particularly single-parent families. one granddaughter. I speak as a woman bate off these legislative floors all Let’s take a look at the children’s who grew up in this country when abor- across this great Nation. It set up a side of the equation. Many who oppose tion was illegal, who went to univer- constitutional right so that women abortion procedures say these children sity at that time and saw things I wish could protect themselves from the should be born. The question is, Once I hadn’t seen, like young women on the views of one person who got elected to they are born, will you help care for verge of suicide because of the predica- public office or another person who got them? The record is not very encour- ment they were in. I want to speak elected to public office, an imposition aging. The same people who oppose the about a time when I sat on the Cali- of their views on all of the women of abortion procedures oppose an increase fornia Women’s Parole Board in the America. in the minimum wage, by and large. 1960’s, a board that sentenced doctors Roe v. Wade has stood the test of The same people who oppose Roe v. who performed abortions and women time. It should be supported, and we Wade are the folks who are leading the who had had abortions. Abortion car- now have an opportunity to do so. Let charge for cutting the earned-income ried a sentence of 6 months to 10 years. me make a couple of comments on tax credit, cutting the Head Start Pro- I remember their stories. I used to read what we have before us. gram for the children, cutting edu- the case histories of the patients and I Since 1992, there have been 120 votes cation and health care and the basics saw the terrible morbidity and mor- that sought to infringe on Roe and of life. tality that took place in California sought to constrain a woman’s right to If this is a question of commitment when abortion was illegal. I don’t want control her own reproductive system; to life, take a look at this next roll call to go back to those days and those sto- 113 of them have been successful. My on the Harkin amendment, which I will ries of absolute desperation. colleague from California and I have support. Line up those Senators on As I have listened to the debate, watched the march to limit a woman’s both sides of the aisle and ask: If you what I have heard has been a kind of right to choose, to find ways to en- say you want more children born in moral sanctimony of people who think croach on it, whether it is not allowing this world, are you willing to stand by they know better than anyone else. women on Medicaid to have abortions; and help the families raise them? Too They maintain that their lifestyle, whether it is not giving money to the many times, I think we will be sadly their way of handling problems, is the District of Columbia if the District of disappointed. way everybody should handle problems. Columbia uses Federal, or even its own There was a study that came out a In the real world, it doesn’t work that dollars for abortion services for few days ago. It was from a woman at way. Nobody knows anyone else’s con- women; limiting the rights of women Claremont Graduate University in dition, circumstances, health, life or in the military, and on and on and on— California who did a survey of all the frailties. a steady march to eliminate Roe v. States that have the strongest anti- Roe v. Wade came down in 1973 and Wade and a woman’s right to choose. abortion laws and found they are many established a trimester system for the And now we have this issue of so-called times over more likely to have less as- Nation which took abortion out of the partial-birth abortion before us. sistance for families and children. arena of politicians telling my four I sit on the Judiciary Committee. I Those who stand here and say, oppose daughters what they could do or could have attended all of the hearings on Roe v. Wade, allow these children to be not do with their reproductive systems. this subject. What has been interesting born, the obvious question of them is, Frankly, I find the discussion deeply to me is, in the many years that we Will you stand, then, for the programs humiliating and very distressing—the have discussed this, there has been no to help these children? Time and time discussion of women’s body parts in the medical definition presented in the leg- again, they do not. Senate of the United States of Amer- islation describing what a partial-birth

VerDate 12-OCT-99 00:19 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.010 pfrm01 PsN: S21PT1 S12954 CONGRESSIONAL RECORD — SENATE October 21, 1999 abortion really is. No one has used health of a woman, and only the doctor, in The legal impact is that courts what I think they aim at, which is consultation with the patient, based upon throughout America have ruled that something called intact D and X, which the woman’s particular circumstances can partial-birth abortion laws are uncon- is in fact a specific medical procedure make this decision. The potential exists that stitutional. Most recently, the U.S. legislation prohibiting specific medical prac- and which is known to physicians. tices, such as intact D & X, may outlaw tech- Court of Appeals for the Eighth Circuit I ask unanimous consent to print in niques that are critical to the lives and unanimously ruled unconstitutional the RECORD a statement of policy by health of American women. The intervention three State laws—in Arkansas, in Iowa, the American College of Obstetricians of legislative bodies into medical decision and in Nebraska—that mirror the and Gynecologists. making is inappropriate, ill advised, and Santorum bill. The Eighth Circuit is The PRESIDING OFFICER. Without dangerous. the first Federal appellate court to re- objection, it is so ordered. Approved by the Executive Board, January view the legal merits of partial-birth There being no objection, the mate- 12, 1997. abortion bans. In ruling on the Iowa rial was ordered to be printed in the Mrs. FEINSTEIN. Mr. President, in- and Nebraska laws, which were nearly RECORD, as follows: stead of recognized medical language identical to S. 1692, the district court THE AMERICAN COLLEGE OF like that of the American College of in both cases held that the language in OBSTETRICIANS AND GYNECOLOGISTS, Obstetrics and Gynecology, the lan- the State laws was unconstitutional Washington, DC. guage the underlying bill before us is because it was overly vague, imposed ACOG STATEMENT OF POLICY vague. an undue burden on pregnant women STATEMENT ON INTACT DILATATION AND Let me tell you why I say it is vague. and did not adequately protect a wom- EXTRACTION It is vague because it not only affects an’s health and life. The Eighth Circuit The debate regarding legislation to pro- third-trimester abortions, it affects Court of Appeals affirmed this ruling, hibit a method of abortion, such as the legis- second-trimester abortions; therefore, noting that the State law’s vague lan- lation banning ‘‘partial birth abortion,’’ and it is a continuation of the march to guage would ban more than just par- ‘‘brain sucking abortions,’’ has prompted limit and constrict a woman’s rights tial-birth abortion; it would ban other questions regarding these procedures. It is under Roe v. Wade. difficult to respond to these questions be- abortion procedures protected by the Let me give you some examples of landmark Roe v. Wade. Circuit Court cause the descriptions are vague and do not testimony that we had in our Judiciary delineate a specific procedure recognized in Judge Richard Arnold wrote—and I the medical literature. Moreover, the defini- Committee hearings. Doctors who tes- quote this because it is important: tified before the Senate Judiciary Com- tions could be interpreted to include ele- The difficulty is that the statute covers a ments of many recognized abortion and oper- mittee could not identify, with any de- great deal more. It would also prohibit, in ative obstetric techniques. gree of certainty or consistency, what many circumstances, the most common The American College of Obstetricians and medical procedure this legislation re- method of second trimester abortion, called Gynecologists (ACOG) believes the intent of fers to. The vagueness meant that a dilation and evacuation (D and E). such legislative proposals is to prohibit a every doctor who performs even a sec- This is the circuit court writing. procedure referred to as ‘‘Intact Dilatation ond-trimester abortion could be vulner- and Extraction’’ (Intact D & X). This proce- D and E is a recognized medical pro- dure has been described as containing all of able and face criminal prosecution. cedure, dilation and evacuation. Judge the following four elements: The American College of Obstetrics Arnold continued: 1. deliberate dilatation of the cervix, usu- and Gynecology has told us that ‘‘the Under the controlling precedents laid down ally over a sequence of days; legislation could be interpreted to in- by the Supreme Court, such a prohibition 2. instrumental conversion of the fetus to a clude, and thus outlaw, many other places an undue burden on the right of footling breech; widely used, accepted, and safe abor- women to choose whether to have an abor- 3. breech extraction of the body excepting tion and operative obstetric tech- tion. It is therefore our duty to declare the the head; and statute invalid. 4. partial evacuation of the intracranial niques.’’ contents of a living fetus to effect vaginal Dr. Louis Seidman, Professor of Law In 20 out of 21 States, partial-birth delivery of a dead but otherwise intact fetus. from Georgetown University, told us: abortion laws have been blocked or se- Because these elements are part of estab- ... as I read the language, in a second-tri- verely limited; 18 State partial-birth lished obstetric techniques, it must be em- mester previability abortion, where the fetus abortion laws have been blocked by a phasized that unless all four elements are will in any event die, if any portion of the Federal or State court; 6 out of 9 present in sequence, the procedure is not an fetus enters the birth canal prior to the tech- States that passed partial-birth abor- intact D & X. nical death of the fetus, then the physician tion laws using the language as found Abortion intends to terminate a pregnancy is guilty of a crime and goes to prison for in S. 1692 have had their laws enjoined, while preserving the life and health of the two years. including Idaho, Iowa, Kentucky, Ne- mother. When abortion is performed after 16 That is what we are doing here. Dr. weeks, intact D & X is one method of termi- braska, New Jersey, and West Virginia. nating a pregnancy. The physician, in con- Seidman continued his testimony be- One court limited the enforcement of sultation with the patient, must choose the fore our committee and said this: Georgia’s partial-birth abortion ban to most appropriate method based upon the pa- If I were a lawyer advising a physician who redefine partial-birth abortion in med- tient’s individual circumstances. performed abortions, I would tell him to stop ical terms, to limit its application to because there is just no way to tell whether According to the Centers for Disease Con- postviability abortion. That is the trol and Prevention (CDC), only 5.3% of abor- the procedure will eventuate in some portion tions performed in the United States in 1993, of the fetus entering the birth canal before point. the most recent data available, were per- the fetus is technically dead, much less being If proponents of this bill are really formed after the 16th week of pregnancy. A able to demonstrate that after the fact. serious, they should use a medical pro- preliminary figure published by the CDC for Dr. Courtland Richardson, an asso- cedure and prohibit that procedure in 1994 is 5.6%. The CDC does not collect data ciate professor at Johns Hopkins Uni- postviability abortions. on the specific method of abortion, so it is And the court stated that Georgia’s unknown how many of these were performed versity, testified in the House that: In any normal second trimester abortion law was invalid because it created an using intact D & X. Other data show that exception in the law to allow abortions second trimester transvaginal instrumental procedure, by any method, you may have a abortion is a safe procedure. point at which a part, a one-inch piece of in cases necessary to protect the Terminating a pregnancy is performed in [umbilical] cord, for example, of the fetus health of the woman. Six States, where some circumstances to save the life or pre- passes out of the cervical [opening] before the laws have been blocked, used iden- serve the health of the mother. Intact D & X fetal demise has occurred. tical language to H.R. 1122, vetoed by is one of the methods available in some of That would violate the so-called par- President Clinton in 1997. these situations. A select panel convened by tial-birth abortion ban and subject a Mr. President, courts across the ACOG could identify no circumstances under physician to 2 years in prison. That is country have made it all too clear that which this procedure, as defined above, the impact of this legislation. People legislation like S. 1692 does not do would be the only option to save the life or preserve the health of the woman. An intact can say what they want, but that is the what the proponents of the bill say it D & X, however, may be the best or most ap- impact, the medical impact. does. The bill does not limit State bans propriate procedure in a particular cir- Now let me give you the legal im- on abortion to postviability proce- cumstance to save the life or preserve the pact. dures. It does not protect a woman’s

VerDate 12-OCT-99 00:48 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.011 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S12955 health. For these reasons, this bill vio- important point of debate. We will get abortion and said, I will certify that lates the basic constitutional rights of to that later in this debate as we get with every pregnancy there is a risk of women provided by Roe v. Wade in 1972, down to the end when we provide what grievous serious physical health to the and other Supreme Court decisions. I hope to be some technical amend- mother; injury to the mother. Simply stated, the main bill before us ments to correct this problem. What you have is, in fact, no restric- today is unconstitutional on its face I find it interesting—I talked about tion. In fact, that is what occurs today. and will be struck down. it yesterday—what we are talking There are no limits on abortion in I urge this body to support the Har- about now is Roe v. Wade. While I and America. That is why one in four chil- kin resolution and to defeat the under- others have stood up here time and dren conceived in America die through lying Santorum bill. time again and have said this is not abortion. One in four. One in four. I thank the Chair. about Roe v. Wade, one of the reasons So your chances of surviving in the I yield the floor. we are bringing this bill to the floor is womb are 75 percent once you are con- The PRESIDING OFFICER. The Sen- because we believe this is outside of ceived. Once you are born, your ator from Pennsylvania. the scope of Roe v. Wade’s restrictions chances of surviving the first 5 years Mr. SANTORUM. Mr. President, let on Congress’ right to limit abortion. I are 99.9 percent. If you can make it me respond to the comments of the can go through the long list of that. through to be born, you are probably Senator from California, Mrs. BOXER, One, obviously, is the Texas Roe v. going to be OK. But the biggest risk to about the constitutionality. The cen- Wade case itself. It was brought before children’s health in America is abor- tral point is that most of the cases the Supreme Court. In that decision, tion. have focused around the definition. I part of the appeal was to strike a Texas Roe v. Wade promised a lot of things. think she accurately described the con- law that prohibited killing a child in When people came up and argued about cern some of the courts have, and the the process of being born. It is a Texas Roe v. Wade, they promised a lot of issue on vagueness, and that this pro- statute that was under review by the wonderful things would happen to cedure being outlined, partial-birth Supreme Court in the Roe v. Wade de- women and to women’s health and to abortion, is not adequately defined so cision. The Supreme Court let stand children and to child abuse. The prom- as not to outlaw other abortions at the Texas law that prohibited the kill- ises were made. Look at the debate. that time. There would be a reduction in child ing of a child in the process of being The interesting part of the argument abuse because there would be less un- born. That is exactly what we are at- is that you presume with the argument wanted pregnancies. I don’t think we tempting to prohibit in the partial- that it outlaws more than this. I think have to look up a whole lot of record to birth abortion amendment. you can make the logical assumption see that child abuse has not been re- To make the argument we are tram- that the courts might accurately only duced since Roe v. Wade. In fact, it is pling on Roe v. Wade with this bill, include this procedure, and that it over double since Roe v. Wade. would be constitutional, but what when the case itself upheld a law that There would be a reduction in di- makes it unconstitutional is that it ap- said you couldn’t do that, in other vorce. I don’t think that needs any plies to more than this procedure. words, kill a child in the process of comment. Obviously, it did not happen. In a sense, arguing for the unconsti- being born, I think is stretching Roe v. There would be a reduction in spous- tutionality of this, if we were able to Wade far beyond its own face of what it al abuse. Obviously, that did not hap- better define what a partial-birth abor- actually did. pen. tion is in this legislation, we would Again, it is a distortion that is not We would lower poverty among chil- make it clear that it does not ban any surprising. I understand why if you dren. Obviously, that did not happen— other type of abortion. Then the pre- don’t think you have the arguments on all the promises that this would be a sumption I hear from the Court’s own the merits you try to change the sub- better world if we just got rid of these reasoning is that it would be constitu- ject. That is what this vote is about children who weren’t wanted, that life tional. I think we need to look at that today. It changes the subject. They would be better. very carefully. want to turn this into a debate on What we found as a result of Roe v. In a sense, in making their argu- abortion. This is not a debate on abor- Wade is a desensitizing of our apprecia- ment, they leave open the possibility tion. This is a debate on infanticide. tion for life, and all the promises have that banning a particular procedure— This is why people on both sides of the turned into disasters. Now we are faced as long as it doesn’t ban all procedures abortion issue in both Chambers sup- with a world where we have reached or more than one procedure—the port this ban—because it is less about the point in America that a child who courts would be receptive to the con- abortion and very much about infan- is 3 inches away from being protected stitutionality of such a piece of legisla- ticide. by Roe v. Wade, being protected by the tion. We are working right now with I am not going to say much about the Constitution can be executed—exe- other Members to see if we can come underlying amendment we are talking cuted, brutally executed by a partial- up with a better definition, a more about—the Harkin amendment—but birth abortion. clear definition, one which would clear- have a couple of comments about Roe The reason this is an issue I feel so ly pass constitutional muster with re- v. Wade. You hear so much about first passionately about is not because I be- spect to vagueness. trimester, second trimester, third tri- lieve we will reduce the number of I am encouraged. I think it is helpful mester, the State has an interest, and abortions in America. We will not. I that the Senator from California put the State can do this. will say that categorically. This bill the reasoning in the RECORD, because I I remind you that Senators who are will probably not reduce the number of think the reasoning clearly points to talking about these restrictions and abortions in America with its passage. the fact the procedure itself could, in about the second- and third-trimester Hopefully, in the debate we will touch fact, be banned under Roe v. Wade. But have never in their lives voted for any some hearts but in its passage we will the fact that the procedure is being de- of those restrictions. Roe v. Wade is not. fined in such a vague manner as to in- the law of the land today. For all the This is not an attempt to infringe on clude other procedures is the reason rhetoric that is around, it is there. You a woman’s right. This is not an at- they are finding it unconstitutional. can have an abortion at any time, any- tempt to change or overturn Roe v. I think it creates an opportunity for where, and any place as long as you Wade. That is why I reject the Sen- us to craft in the eyes of the courts can find an abortionist to do it. Period. ator’s amendment as irrelevant. that have reviewed this to date a con- There are no restrictions. In reality, This bill attempts to draw a bright stitutional piece of legislation that there are no restrictions. All you have line between what is and is not pro- does not create an undue burden on to do is find an abortionist who will tected. At least we should be able to women because it only bans one par- say the health of the mother is at draw the line so when a child is in the ticular procedure and not others. I see stake and you can have an abortion. process of being born, it is too late to this as an opportunity. I had a chart up here yesterday. We have an abortion. It is too late. I thank the Senator from California can get it. I will put it back up. Warren I asked the Senator from California for laying that out. I think that is an Hern wrote the definitive textbook on this question: You allow an abortion if

VerDate 12-OCT-99 00:19 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.013 pfrm01 PsN: S21PT1 S12956 CONGRESSIONAL RECORD — SENATE October 21, 1999 the child’s head is inside the mother? mother was endangered by carrying the the direction as clear as my finger is You can then kill the baby? I said: baby itself? The answer is no. In none pointing to Senator VOINOVICH that we What if the baby came out head first of these cases is the issue brought up are headed toward Peter Singer’s and the child’s foot was inside the that the health of the mother was jeop- world. mother. Would you still be allowed to ardized by carrying the baby. In all of Two or three Senators have quoted kill the baby? She said: Absolutely not. these cases the point was made, the the oft-quoted paragraph out of A pretty clear line, isn’t it, depend- baby is going to die anyway or the Planned Parenthood v. Casey. They use ing on which way the baby is born as to quality of the baby’s life is not going that to legitimize what they are doing. whether you can kill the baby. We get to be good; killing a disabled infant is Let me read something for you. I want to the slippery slope, and this is what not morally equivalent to killing a per- you to think about the logic behind concerns me for our culture—if we can son. what they are saying here. Listen, kill a baby that is moving, one can see We see how the slope gets slippery. America. This is an abortion case. the baby, the abortionist is holding the We don’t hear from the other side in At the heart of liberty is the right to de- baby in his or her hands, the baby is defending partial-birth abortion—the fine one’s own concept of existence, of mean- moving, and then they take a pair of cases of healthy mothers and healthy ing, of the universe, and of the mystery of scissors at the base of the skull and women. They are not used to defending human life. jam it into the back of the baby’s head this procedure. However, 90 percent of I am going to paraphrase that. I am and suction the brains out. the partial-birth abortions are healthy going to use the words of somebody This is where humanity has arrived mothers and healthy babies. They who all of you know because of some in the United States in 1999. In the don’t use those as an example because things that he did in the last year. I greatest deliberative body in the world, they are not sympathetic examples to am going to use the words of Eric Har- we can stand here and debate this is a those who are within the sound of my ris, who wrote before he killed 13 chil- proper procedure in America; this is voice. People won’t sympathize with a dren at Columbine: legal in America; this is ethical in healthy mother and healthy baby— When I say something, it goes. I am the law. America; this is moral in America. aborting a baby late in pregnancy, kill- This is not a debate about abortion. ing her healthy baby. People don’t see What this says is very simple: You This is a debate about who we are as a a rationale for someone to do that. are the law. What you say goes. You society. The folks here know when people have the right to define, again ‘‘one’s I know the abortion sides have lined hear about a deformed baby being own concept of existence,’’ one’s own up and want to make this an abortion killed, they are OK with that. Think concept of the ‘‘meaning of the uni- line, where we draw the line in pro- about what they are doing by bringing verse and of the mystery of life.’’ What tecting humanity. If we don’t draw it these cases up. Think about what they I say goes. Fredrich Neitzsche would be proud of here, the next logical step is easy. are presuming people are thinking us all for this debate. Peter Singer is From the New Yorker magazine last when they use disabled children as a le- proud, I am sure, of this debate today month, the September issue, an article gitimate reason to be killed under this by Peter Singer. Peter Singer is a phi- being put forward in defense of some- procedure. They are assuming that losopher —pop philosopher, I guess— thing that he supports, the killing of America doesn’t care as much; they as- who was just hired at Princeton Uni- little children if they are not perfect sume they are not as worthy as a nor- versity. like you and me. Remember, you will mal, healthy baby. What does Peter Singer say? I will not hear one word, you have not heard Do you know what. They are right. read part of the article. Viewers will one word in three debates, in 5 years— Absorb that, America. They won’t use say that guy is a whacko, this guy is you have not heard one word about the healthy mothers and healthy babies to out there on the fringe; he is at Prince- normal, healthy baby being killed by defend this procedure because people ton University, but he is out there on this procedure. You have not heard one will have no sympathy for that, people the fringe. No one can make this cred- word about a normal, healthy mother have no tolerance for that. Throw up a ible argument in America today. I having one of these abortions. They disabled child as the object of this exe- argue that 40 years ago no one could will not use that case even though over cution, and then it is OK; then there is make this credible argument that this 90 percent of the abortions that occur sympathy. procedure would be legal. But here we with partial birth are those cases. What a slippery slope when killing a are. Put on your seatbelts, ladies and They use the ones that tug at your disabled infant is not morally equiva- gentlemen. We are in for a ride, and the heartstrings. Having lost a baby, they lent to killing a person. And you say roller coaster is going down. I don’t see tug at mine. I know the pain of what that is outrageous. They are using it the bottom yet. Let me describe how these men and women who suffered now to justify this position. It is not far down the roller coaster we can go through pregnancies that went awry—I when it comes to civility in America, outrageous; it is today in America. It know what they suffered through. I do when it comes to respect for life in is the reason for this procedure to be not demean them when I talk about America. kept legal. Open your eyes and see their cases. They are real and they suf- Peter Singer: what they are doing. Open your eyes fered. But to use—and I emphasize the Killing a disabled infant is not morally and see where we are headed. word ‘‘use’’—these cases to justify the equivalent to killing a person. Very often it Dr. Peter Singer: killing of a baby, to use abnormal chil- is not wrong at all. When the death of a disabled infant will dren—abnormal to whom, I might add? I remind everybody of these anec- lead to a birth of another infant with better prospects of a happy life, the total amount of Disabled to whom? Imperfect to whom? dotes I have talked about that have of- happiness will be greater if the disabled in- Not to me. My son who died was not fended so many. What are the stories fant is killed. The loss of happy life for the perfect in the eyes of this world, but he about? The backbone for the defense of first infant is outweighed by the gain of a was perfect to me. He was perfect to this procedure given by the Senator happier life for the second. Therefore, if kill- my wife. Most important, he was per- from California, the Senator from ing a hemophiliac infant had no adverse ef- fect in God’s eyes. Iowa, the Senator from Illinois. What fect on others, it would, according to the To abuse these cases, to pull at your is the subject of these tragic stories? In total view, be right to kill him. heartstrings, to legitimize killing chil- every instance, in every instance, these We will see family pictures of a dren 3 inches away from being born is were pregnancies that had gone awry, mother and father who had a partial- beneath the dignity of the Senate and where, in the course of fetal develop- birth abortion now being shown with feeds into Peter Singer’s view that ment, the infant became disabled, a another new baby. They will say, see, ‘‘killing a disabled infant is not mor- problem developed—whether it was it is OK because this other baby is ally equivalent to killing a person. trisomy, hydrocephaly, some abnor- happy. Very often it is not wrong at all.’’ mality occurred, some disability oc- This is not craziness that is going to Peter Singer takes it even further. I curred in the baby. happen in the future. This is the roller said he supports this procedure. I am Is there an argument on any of these coaster, folks, we are headed down. sure he does, but he thinks this is prob- cases that the health or the life of the This debate should point Americans in ably not the best way to go. Here is

VerDate 12-OCT-99 00:19 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.016 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S12957 what he thinks. You say this is absurd, the doctor realized the child was much death certificate lists the cause of Senator? Listen: older. He stopped the partial-birth death as extreme prematurity sec- If a pregnant woman has inconclusive re- abortion and delivered a 6-pound, 2- ondary to induced abortion. sults from amniocentesis, Singer doesn’t see ounce baby girl. Baby Phoenix was ac- Ironically, the manner of death listed why she shouldn’t carry the fetus to term. tually 37 weeks. Both the 17-year-old on the death certificate is ‘‘natural.’’ Then, if the baby is severely disabled and the biological mother and child were They do not talk about these cases. parents prefer to kill it, they should be al- healthy. This was an elective abortion. The 22-week-old baby girl died trag- lowed to. That way, there would be fewer You don’t hear the other side talk ically, but she touched the hearts of needless abortions and more healthy babies. about elective abortions and healthy the people whom she touched in her In defense we almost do that with mothers and healthy babies, do you? life. If this partial-birth abortion pro- partial-birth abortion, don’t we? We de- Do you? There is no sympathy for cedure had been performed, she would liver the baby, get a chance to see the them. Oh, but it is OK, it is all right. have died a violent, barbaric, painful baby, and then we kill the baby. We We have sympathy if the baby is not death. have case after case now, several cases, perfect—in our eyes. In our eyes. A third case, Baby Grace. Four of botched partial-birth abortions Following delivery, Baby Phoenix months after Baby Hope’s death, an- where babies who were to be aborted was sent to a hospital across the street other baby survived a botched abor- ended up being born before the doctor for treatment. She suffered from a frac- tion, again at Dr. Haskell’s abortion could kill the baby. There are three tured skull and cuts on her face as a re- clinic in Dayton, OH. Baby Grace was cases I am aware of, two in the last few sult of the attempted abortion. Amaz- born August 4, 1999—just a couple of months, where little children were ingly, there was no apparent brain months ago. born; not fetuses, not products of con- damage. In October of 1997, by the way, Once again, the child’s biological ception—which I think is another term the year before this happened, a Fed- mother went into premature labor as a that is used to dehumanize what is a eral court struck down Arizona’s law result of the dilation phase of the par- living human being. Is there anybody that would have prevented this bru- tial-birth abortion. As in the case of in the Senate or within the sound of tality in the first place. Baby Hope, the mother went to the my voice, any Senator, who would dis- (Mr. ALLARD assumed the Chair.) hospital and delivered the baby. In this agree that a fetus or baby inside the Mr. SANTORUM. Today, Baby Phoe- case, the child was between 25 and 26 mother is a living human being? I do nix lives in Texas with her adopted par- weeks old. Baby Grace is still alive. not think there is any question that is ents. The doctor who performed this She is being cared for at a hospital as a living human being. But we try to de- abortion has since lost his license. a premature baby. The Montgomery humanize it by using ‘‘fetus,’’ ‘‘prod- That was not the last victim of par- County, Ohio, Children Services Board ucts of conception.’’ tial-birth abortions. Baby Hope, the has temporary custody of her and plans In the case of a partial-birth abor- second known survivor, survived an to put her up for adoption. tion, you are talking about at least a abortion attempt which began in the Baby Grace is living proof of the hor- 20-week-old living human being that is clinic of Dr. Martin Haskell who has ror of partial-birth abortion. She is not delivered feet first outside of the moth- been up here and has testified, who is a footnote in case law. She is a real er except for the head and then killed. one of the inventors of the procedure, baby who would have died. You do not The justification, the stories, the who, in fact, testified in court cases. hear anyone talking about those cases. ‘‘cases,’’ all involve disabled children— By the way, when he testified in those What this amendment does has noth- never healthy children. court cases and was asked the ques- ing to do with the underlying bill. The Let me tell you about some healthy tion, Is partial-birth abortion ever used underlying bill is about banning a bar- children who were to be aborted using to protect the life of the mother? The baric procedure that crosses the line of a partial-birth abortion. The first answer was no—from the inventor of civility in America; at least I hope so. known survivor was a girl born in the procedure. Is partial-birth abortion Let me assure you, if we do not draw Phoenix, June 30, 1998, known as Baby ever necessary or is it the only option that line, we will be having debates Phoenix. The little girl was acciden- available to protect the health of the here, I hope with all my heart, when I tally born as a result of a botched par- mother? The answer by Dr. Haskell: am not here, about whether killing tial-birth abortion. How does a partial- No. children is OK if they are not perfect in birth abortion work? How could it be Baby Hope’s biological mother under- our eyes. We are 3 inches from having botched? went a dilation phase of a partial-birth that debate right now. It is only a mat- You present yourself to the abor- abortion. What happens is: You present ter of time before those inches fade tionist. The abortionist says you are yourself to the doctor. The doctor gives away. It is irrelevant, really, isn’t it, past 20 weeks. you pills to dilate your cervix. In 3 whether it is 3 inches or not. God bless By the way, when you are past 20 days, you come back to the abortion America. weeks and you deliver a child, the baby clinic. Your cervix is dilated, and they The Senator from Ohio, I understand, will be born alive, so we are talking can perform the abortion. wants to be recognized. How much time about the delivery of a living baby. She dilated too quickly. She went to do I have remaining? That baby may not survive for a vari- a hospital and was admitted for abdom- The PRESIDING OFFICER. The Sen- ety of reasons, but the baby will be inal pain. The woman gave birth as she ator has 22 minutes 54 seconds. born alive, this little baby. This baby’s was being prepared for an examination. Mr. SANTORUM. I yield 10 minutes mother did not want this baby to be This was the point at which the hos- to the Senator from Ohio. born alive, so she went to an abor- pital personnel first learned she was in The PRESIDING OFFICER. The Sen- tionist after 20 weeks and the abor- the dilation phase of a partial-birth ator from Ohio. tionist said: Fine, we are going to do a abortion. Mr. VOINOVICH. Mr. President, I partial-birth abortion. On April 7, Baby Hope was born in rise in support of the Partial-Birth Were there health concerns with this the emergency room. She was 22 weeks Abortion Ban Act. I am grateful to the baby? Was the mother in physical prob- old. An emergency room technician Senator from Pennsylvania for his cou- lems? Was the baby physically de- who was asked to remove the baby rageous fight to ban this barbaric pro- formed? The answer in both cases: No. from the room noticed she was alive. cedure. Any of us who has listened to Could she get an abortion after 20 Neonatal staff were called to examine him today and last night cannot help weeks? The answer was yes. her, and doctors did not believe the but be moved by his eloquence in re- Let me tell you how much after 20 child’s lungs were developed enough to gard to the importance of banning this weeks you can get an abortion in this resuscitate her, so they did not put her procedure. country. Based on the sonogram per- on life support. Hospital staff wrapped It is difficult even to talk about it formed at the abortion clinic, Dr. the baby in a blanket. The ER techni- because it is so gruesome, but we need Biskind believed baby Phoenix to be 23 cian named the baby Hope and then to remind Members of the Senate that weeks, at least that is what he says. rocked and sang to the little girl for 3 this is a procedure that is not done on During the actual abortion procedure, hours 8 minutes of her life. Hope’s an emergency basis. First, the woman

VerDate 12-OCT-99 00:19 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.018 pfrm01 PsN: S21PT1 S12958 CONGRESSIONAL RECORD — SENATE October 21, 1999 goes through 2 days of doctor visits to early abortion while the baby is not birth abortion kills the child and, get dilated. On the third day, the baby viable. therefore, the child feels no pain. Norig is positioned for delivery in the birth The Senator from California earlier Ellison, the president of the American canal. The fetus is turned so that it is today talked about the OB/GYN doc- Society of Anesthesiologists, unequivo- delivered feet first, leaving only its tors who have expressed opposition to cally stated that those claims had ‘‘ab- head in the womb. An incision is then this legislation. I think the significant solutely no basis in scientific fact.’’ made in the base of the skull. Finally, thing about her statement today is the In fact, I think the whole idea of pain with a suction device, the baby’s brain fact that she verified that there are really needs to be discussed more. Dr. matter is suctioned out. The skull col- other procedures available besides dila- Robert White, a neurosurgeon at Case lapses, enabling delivery of the dead tion and extraction. In fact, the Sen- Western Reserve University School of baby. ator indicated doctors were worried Medicine said: I cannot understand how anyone can about the possibility that these other The neuroanatomical pathways which support this procedure or can support procedures might be banned by the lan- carry the pain impulses are present in it being legal. There are some I have guage in this bill. fetuses by the 20th week of gestation. heard in this debate who say it is hard So I want to make it clear to those Also, the neurosystems which would modu- to believe we are even talking about who believe in abortion and have that late and suppress these pain impulses are ei- this question on the floor of the Sen- tremendous decision in terms of wheth- ther not present or immature during this stage of fetal development. ate. When I think of other things that er or not they are going to deliver the have been discussed on the floor of the baby that there are other procedures What this means is, if you stop and Senate—for example, endangered spe- available to them. In fact, dilation and think how painful this procedure of cies or animal rights—for anyone to extraction are not even taught in med- going into the back of your head and say we ought not to be talking about ical school. opening the scissors and sucking the this procedure on the floor of the Sen- These babies are humans. They can brains out would be to you—to anyone ate is hard for me to believe. feel pain. When partial-birth abortions who is here on this floor—it could be The subject of partial-birth abortion are performed, as the Senator from more painful to the baby because those is not a new one for me. Four years Pennsylvania said, they are just 3 systems that modulate and suppress ago, in 1995, Ohio was the first State to inches away from life and, for that the pain are not developed at that pass a partial-birth abortion ban. The matter, seconds away. stage. bill prohibited doctors from performing I urge all of my colleagues in the So I look at this in terms of human abortions after the 24th week of preg- Senate to stand up against what I refer life. Almost all these faces that are nancy and banned completely the dila- to as human infanticide. This is not a standing up here supporting this tech- tion and extraction procedure which we vote on Roe v. Wade. This is a vote nique, if you were to inflict that type call the partial-birth procedure in this about eliminating a horrible procedure of pain on a dog or a cat, they would be bill. The bill allowed late-term abor- that should be outlawed in this coun- protesting in front of your offices. tions to save the life of the mother. try. I urge my colleagues to vote to A minute ago, the Senator from Ohio The women seeking abortions after the ban partial-birth abortion in the made some reference to the fact that it 21st week of pregnancy were required United States of America. is infanticide. I hope the pro-choice to undergo tests to determine the via- The PRESIDING OFFICER. The Sen- people, a lot of people out there who bility of the fetus. If the fetus was ator from Pennsylvania. are pro-choice who believe abortion deemed to be viable, the abortion Mr. SANTORUM. Mr. President, how should be an alternative, will listen to would be illegal. much time do I have remaining? the words of Senator PATRICK MOY- The Ohio Senate passed that bill 28– The PRESIDING OFFICER. Sixteen NIHAN, who is pro-choice. He said: I am 4. The Ohio House passed it 82–15. These minutes and about 30 seconds. pro-choice, but this isn’t abortion, this were overwhelming vote majorities Mr. SANTORUM. I yield 8 minutes to is infanticide. which included Democrats and Repub- the Senator from Oklahoma. Lastly, let me just mention to you, I licans, pro-life and pro-choice legisla- The PRESIDING OFFICER. The Sen- have this picture. This is Jase Rapert. tors. This is not an issue today of Roe ator from Oklahoma. He lives in Arkansas. I have seven v. Wade or pro-life or pro-choice. If it Mr. INHOFE. I thank the Senator grandchildren. He is No. 4. I can re- were, the vote in the Ohio Senate and from Pennsylvania. And I will not use member, and some of you older people Ohio House would not have been so all that time because just since I have can remember, back when our wives overwhelming to ban this procedure. been down here, many of the things I had babies, they would not even let you The truth is that most of these abor- was going to say have already been in the hospital, let alone in the deliv- tions are elective. According to Dr. said. ery room. Martin Haskell, to whom the Senator I think the Senator from Ohio was When my little Molly, who is now a from Pennsylvania has referred, who very specific when he talked about the professor at the University of Arkan- happens to be from Dayton, OH, about fact that 80 percent of those abortions sas, called me up and said: Daddy, de- 80 percent are elective. We are talking using this barbaric, torturous, painful livery time is here; do you want to about 80 percent being elective. We are procedure are elective. I could also come in the delivery room? I did. I was talking about 80 percent are healthy quote from the American Medical News in there for all three of her children. mothers and healthy babies. transcript of 1993 and others, but I This is a picture of the first one, Jase. We can all quote different statistics, think that point has been well made. What registered to me at that time but the bottom line is that there is no I wish everyone could have watched was, we have heard a lot of talk about need for this procedure. It is never last night, as I did, Senator BILL FRIST, maybe a baby isn’t perfect or some- medically necessary. If a mother really Dr. BILL FRIST, when he talked about it thing. I do not think perfection exists needs an abortion, she has alternatives from a medical perspective. I do not anyway. But in every sense of the available to her that are not as tor- think anyone could have watched that word, that is a perfect baby. turous as partial-birth abortion. and not been very supportive of Sen- If they had made that decision, if my One of the other main reasons we do ator SANTORUM and everything he is Molly or her husband had made that not need these late-term abortions is, trying to do. decision at the time while I was in that thanks to technology available today, One of the things I do not think has room they were delivering this beau- we can identify problems really early really been answered appropriately is tiful baby, they could have murdered in pregnancy so abortions can take the fact that we keep hearing from the Baby Jase. That is what is going on in place earlier. We do not need to have other side that both the National Abor- America now. You have to put it in a that type of procedure. Women today tion Federation and the National Abor- personal context that we understand, are being encouraged to come in early tion Rights Action League, all of these that this can happen to someone we on, in the first trimester, for the var- pro-abortion organizations which claim love very much. ious tests they need, so that if abortion that the anesthesia that is adminis- Mr. SANTORUM. I yield 8 minutes to is acceptable to them, they can have an tered to the mother prior to a partial- the Senator from Missouri.

VerDate 12-OCT-99 01:10 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.021 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S12959 Mr. ASHCROFT. Mr. President, I the procedure is necessary to save the able advances in medical science that thank the Senator from Pennsylvania, life of the mother. The simple truth is, would make the then-current data ob- Mr. SANTORUM, for his continuing work this procedure is never necessary to solete. on this important issue. save and preserve the health of an un- From Dr. Jean Wright of the I express my strong support for legis- born child’s mother. Four specialists in Egleston Children’s Hospital at Emory lation that would ban this unconscion- OB/GYN and fetal medicine rep- University, we learned at the hearing able form of infanticide known as par- resenting the Physicians’ Ad Hoc Coa- that the age of viability has been tial-birth abortion. Abortion is a moral lition for Truth have written: pushed back from 28 weeks to 23 and and governmental issue of unsurpassed Contrary to what abortion activists would fewer weeks since Roe v. Wade was de- importance. It strikes at the very core have us believe, partial-birth abortion is cided. of who we are as a people and a nation. never medically indicated to protect a wom- The PRESIDING OFFICER. The Sen- It hits our deepest notions of liberty an’s health or her fertility. In fact, the oppo- ator’s 8 minutes have expired. The Sen- site is true: The procedure can pose a signifi- and questions our most fundamental ator is recognized for 2 more minutes. assumptions about life. cant and immediate threat to both the preg- For decades, my home State of Mis- nant woman’s health and fertility. Mr. ASHCROFT. Surgical advances souri has been at the forefront of the That quote was from the Wall Street now allow surgeons to partially remove abortion debate, and for the last sev- Journal, September 19, 1996. an unborn child through an incision in eral years, the discourse there has been Nor should we accept the myth that the womb, to repair the congenital de- focused on the procedure being dis- this procedure is rarely utilized. Ac- fect, and slip the previable infant back cussed here today—partial-birth abor- cording to interviews conducted by The into the womb. However, I think the tion, infanticide. While the specific Record of Bergen County, NJ, physi- most interesting thing we learned at language of S. 1692 is different from the cians in New Jersey alone claim to per- the hearing was that unborn babies can Missouri legislation, the question form at least 1,500 partial-birth abor- sense pain in just the seventh week of posed is the same: Are we willing to tions every year—three times the num- life. These facts should help inform end a procedure that is so barbaric and ber the National Abortion Federation this debate. extreme as to defy rational, reasoned claimed occurred in the entire country. For instance, if we know the unborn support? Both Democrat and Repub- Once we have established that the can feel pain at 7 weeks, why is it such lican legislators in Missouri answered, procedure is neither rare nor medically a struggle to convince Senators that ‘‘Yes, we are willing to ban that proce- necessary, we will hear from the other stabbing a 6-month, fully developed dure.’’ side that our law would be unconstitu- and partially delivered baby with for- I had the privilege of serving as Mis- tional. This is just another falsehood. ceps, and extracting his or her brain is souri Governor. Regrettably, the legis- A legislative ban on partial-birth abor- painfully wrong. It should be very easy lature did not deliver a ban on this bar- tions is constitutional. Indeed, allow- to convince people that it is painful baric procedure to my desk when I was ing this life-taking procedure to con- and that it is wrong. Governor. Had they done so, I would tinue would be inconsistent with our I realize, however, that not everyone have signed it enthusiastically. Had obligation under the Constitution to agrees with my view on abortion. In- that happened, the legislature could protect life. deed, I recognize the American people now be focused on other pressing prob- Although opponents will point to de- remain divided on this issue. Where lems, such as failing schools in Kansas cisions in which activist Federal judges there is a consensus, we need to move City or St. Louis or the methamphet- invalidated State-passed bans, lan- forward to protect life. The measure amine drug plague in Missouri. guage nearly identical to that which is being discussed today to end the cruel, Most Missourians see, as I do, the ef- in this bill has also been upheld in the brutal practice of partial-birth abor- fort to ban partial-birth abortion as Federal courts. These bans’ require- tion presents such an opportunity part of a larger commonsense ap- ments that the abortionist deliberately where consensus exists. The American proach, restricting late-term abortions, and intentionally deliver a living fetus people agree that a procedure which ending taxpayer funding, and requiring that is then killed implicates the par- takes an unborn child, one able to sur- parental consent. These sensible ideas tial-birth procedure. This is not a gen- vive outside the womb, removes it sub- are not about the right of choice. They eralized ban. Judges who have deemed stantially from the womb and then are about the right of Missouri and the ban unconstitutionally vague ig- painfully kills it is so cruel, so inhu- America to act in a manner befitting nored this text and instead have sub- mane, so barbaric as to be intolerable humanity. We are talking about a bar- stituted their views in place of the and that it should be illegal. Legisla- baric procedure that is inhumane. It is views clearly expressed by the various tures in more than 20 States have fol- not befitting humanity. State legislatures. lowed Congress’ lead and passed laws Tragically, the Missouri partial-birth outlawing this procedure. Two-thirds infanticide bill was vetoed, despite its I also want to share a word of caution with those claiming that a ban on par- of the House of Representatives voted overwhelming passage by the bipar- to overturn the President’s second veto tisan Missouri General Assembly. For- tial-birth abortions is unconstitu- tional. If they truly believe that out- last year. When this Chamber voted, tunately, both the Democrats and Re- more than a dozen Democrat Senators publicans who fought for the original lawing this procedure is impermissibly vague, the inevitable conclusion people joined us in attempting to override the bill led a successful veto override effort veto. A consensus has formed. in Missouri. It is an incredible accom- will draw is that infanticide and abor- Americans want this gruesome proce- plishment that represents only the sev- tion are indistinguishable. This argu- dure eliminated. They should not be enth veto override in Missouri history, ment provides little solace to the de- thwarted by the twisted science and the third override this century, the fenders of this gruesome procedure. first veto override since 1980. On January 20 of last year, I chaired moral confusion that has been argued Banning partial-birth abortion, a committee meeting of the Constitu- in this Chamber. which is the destruction of a partially tion Subcommittee on the 25th anni- The PRESIDING OFFICER. The Sen- born child, requires a historic bipar- versary of Roe v. Wade. In that hear- ator is recognized for 1 more minute. tisan effort here, as it did in Missouri. ing, we learned much that is relevant Mr. ASHCROFT. Now more than ever America must rise above this morally to the debate over partial-birth abor- we need to pass this legislation to indefensible, cruel procedure. It is tion. We looked at how the Supreme make it clear that human life is too cruel to society’s most vulnerable Court’s decision failed to provide a precious to permit legally sanctioned members. Missouri’s Democrat and Re- framework for sound constitutional in- infanticide. As we as a nation confront publican legislators got past the obfus- terpretation or to reflect the reality of the terrible violence in our schools, we cation, the confusion, and the decep- modern medical practice. This latter in Congress need to embrace a culture tions. It is time for the Senate to do failure is not surprising, since the that celebrates life, not a culture that the same. Court had neither the capacity to celebrates convenience. The values at The defenders of the indefensible are evaluate the accuracy of the medical issue are too important to be lost in already fast at work. They tell us that data nor a way to foresee the remark- the legislative shuffle.

VerDate 12-OCT-99 01:10 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.024 pfrm01 PsN: S21PT1 S12960 CONGRESSIONAL RECORD — SENATE October 21, 1999 We will pass this legislation again is instead the first step toward making personal and heart-wrenching decisions this year. If, again, the President ve- all abortion illegal—as I believe it is— the politicians should know what is toes it, despite the debunking of the so- then vote no. best, and not the women, their fami- called medical evidence that he used to The PRESIDING OFFICER. Who lies, and their doctors, and according justify that action in the past, we will yields time? to their own religious beliefs and continue to vote on this issue of life Mr. HARKIN. Mr. President, how faiths. That is what this vote is about. and death until the voice of the Amer- much time remains on both sides? It is about whether or not we believe ican people is heard and the lives of The PRESIDING OFFICER. The Sen- Roe v. Wade was a wise decision and these unborn children, who are pain- ator from California has 6 minutes re- whether or not ought to have their fully destroyed while they are substan- maining, and the Senator from Penn- rights to decide their own reproductive tially born, are respected. sylvania has 1 minute. health. It has everything to do with the I thank the Senator from Pennsyl- Mrs. BOXER. We would like to close underlying bill. vania. the debate. If the Senator will take the Mrs. BOXER. Mr. President, I yield Mr. SCHUMER. Mr. President, I rise minute, we appreciate it. myself the remainder of the time. today in support of Senator HARKIN’s Mr. SANTORUM. Mr. President, I I thank the Senator from Iowa for his Sense of the Senate amendment to the yield back the remainder of my time. insight in offering this important partial birth abortion ban. The reason Mrs. BOXER. I yield the Senator amendment. I am very hopeful the Sen- why this amendment is so important is from Iowa 3 minutes. ate will go on record as supporting Roe The PRESIDING OFFICER. The Sen- that it really gets to the heart of this v. Wade. I think it may well do just ator from Iowa is recognized. debate on the so-called partial birth Mr. HARKIN. Mr. President, I thank that. That would send a wonderful sig- abortion. The battle is really about my friend and colleague from Cali- nal to the families of America that we chipping away Roe v. Wade. Let’s not trust them to make the most personal, fornia, Senator BOXER, for her tremen- pretend any longer. It’s about ulti- dous leadership on this issue that is so private decisions that perhaps they mately denying a woman the right to important to women of this country. will ever be called on to make. an abortion, maybe even the right to I ask unanimous consent that Sen- Once again, I have to say I think some of the language used on the other contraception. ator ROBB be added as a cosponsor of This Sense of the Senate is a ‘‘put my amendment. side of the aisle in this debate has been your money where your mouth is’’ The PRESIDING OFFICER. Without offensive. I think it has been wrong. I vote. It calls the Senate on their true objection, it is so ordered. think it has been inflammatory. The motives. This is the beginning of a step Mr. HARKIN. Mr. President, once Senator from Pennsylvania continues by step process to find an abortion pro- again, the Senator from Pennsylvania to say those of us who disagree with cedure that seems awful, to make an said that my amendment is about him, in essence, want to kill children. inaccurate portrayal about how and changing the subject. He also made the We are mothers. We have bore children. why it is used, to draw a ridiculous car- point that this bill has nothing to do We are grandmothers. We love the chil- toon and put it on the Senate floor, and with Roe v. Wade. dren. So it is highly offensive to hear to then outlaw the procedure and make Most respectfully, I disagree with my those words used on the Senate floor. doctors into criminals and women into friend from Pennsylvania. Nothing My colleague says he feels the pain of murderers. In fact, the term partial could be further from the truth. the families who went through this birth abortion is a political slogan, not This law does not provide for any horrible experience; yet he demeans a medical procedure. protection of a woman’s health. Of them. He basically says they don’t So who knows what the next term course, they keep using the term ‘‘par- know what they are talking about will be used to outlaw another type of tial-birth abortion.’’ That is nowhere when they beg us not to pass this legis- abortion procedure. Let’s be thankful found in the medical lexicon. That is lation, when they beg us to turn away that we have the courts. This legisla- not a medical term. That is a political from this legislation, which makes no tion has been consistently found un- pejorative term used to excite and in- exception for the health of a woman. constitutional by the courts. In 19 dif- flame passions. That is all it is. Let’s Again, we are not doctors. We are ferent cases, including federal courts, be honest about that. I think if the Senators. When the women of this the definition of partial birth abortion other side was sincere in wanting to country need help—and serious help— used in this bill has been found to be end late-term abortions, they could they don’t turn to us. They turn to us too vague, and to apply to pre and post have supported Senator DURBIN’s for other things, but they don’t turn to viability abortions. As a result, this amendment yesterday, which would us to get the help they need. They turn legislation violates the terms of Roe v. have accomplished that. to a physician they trust; they turn to Wade, the cornerstone of a woman’s Finally, in States where they have their God, to their families, to their right to choose in this country. This passed legislation such as the closest friends, and they turn to their bill is also unconstitutional because it Santorum bill—the underlying bill conscience. So I hope we will reaffirm lacks an exception to protect a wom- here—doctors in those States stopped Roe v. Wade because that is what Roe an’s health. performing all abortions because it was v. Wade says—trust the women, respect The Supreme Court has concluded so unclear as to the timeframe. There them, respect their privacy. that woman’s health is the physician’s is no timeframe in this at all. That is I want to put into the RECORD a paramount concern, and that a physi- why the circuit courts, in all these in- statement sent to us by an award-win- cian’s discretion to determine the stances, have struck these laws down ning actress, Polly Bergen, who came course of treatment must be preserved. as being unconstitutional. A recent forward to talk about her illegal abor- But Congress is hardly concerned with case in our circuit upheld a case in tion in the 1940s. She said: physician authority these days. In fact, Iowa on this law. Someone gave me the phone number of a this bill tries to turn lawmakers into So, really, what this vote is about is person who did abortions. . . . I borrowed doctors. It would take medical deci- whether or not the Senate wants to about $300 from my roommate and went sions out of the hands of women and turn back the clock and move back to alone to a dirty, run-down bungalow in a their doctors and give it to politicians. the pre-Roe v. Wade days of back-alley dangerous neighborhood in east L.A. A . . . My colleague’s amendment under- man came to the floor and asked for the abortions, the days when women com- money. ... He told me to take off all of my scores our commitment to the terms of mitted suicide when they were faced clothes except for my blouse. . . . I got up on Roe v. Wade, and emphasizes the right with a desperate choice, the days of a cold metal kitchen table. He performed a of women to choose will continue to be women dying or being permanently dis- procedure, using something sharp. He didn’t upheld. If you really believe that the figured from illegal abortions, when give me anything for the pain—he just did it. problem is the so-called partial birth women became sterile and could not He said . . . I would be fine. abortion, and you are truly sincere have children because they had ille- Well, Polly Bergen was rendered in- that this is not the camel’s nose under gally botched abortions. fertile. the tent of undoing Roe v. Wade, vote This vote about to occur is whether Vote for the Harkin amendment. yes on the Harkin amendment. If this the Senate believes that in the most Vote no on the underlying bill.

VerDate 12-OCT-99 01:49 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.026 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S12961 Mr. SANTORUM. Mr. President, I However, the reality of the situation abled in this country. We have passed ask for the yeas and nays on the is that the decision of the Supreme the legislation 99–0. It has been in the amendment. Court in Roe v. Wade is the law of the House of Representatives for several The PRESIDING OFFICER. Is there a land. No matter what I think person- months. I hope at the time we are an- sufficient second? ally of the procedure in question, I ac- nouncing we are going to appoint con- There is a sufficient second. cept the fact that the Court, in a 7-to- ferees, we would have at least some in- The yeas and nays were ordered. 2 ruling, has definitively spoken on dication from the leadership as to when Mr. SANTORUM. Mr. President, I this matter. Accordingly, I felt it was we are going to get to conference. I move to table amendment No. 2321 and appropriate to support the language of know millions of disabled Americans ask for the yeas and nays. the Harkin amendment. across this country will want to know The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The what the intention of the leadership is sufficient second? question is on agreeing to the amend- on this legislation. There is a sufficient second. ment. The yeas and nays have been or- Can the Senator give us some idea? The yeas and nays were ordered. dered. Mr. SANTORUM. I say to the Sen- The PRESIDING OFFICER. The The Senator from Pennsylvania. ator from Massachusetts, first, I think question is on agreeing to the motion Mr. SANTORUM. Mr. President, I this bill we are considering right now to table the amendment No. 2321. The suggest the absence of a quorum. has a far greater impact on people with yeas and nays have been ordered. The PRESIDING OFFICER. The disabilities to come than this piece of The clerk will call the roll. clerk will call the roll. legislation. But that being said, I am The legislative clerk called the roll. The bill clerk proceeded to call the Mr. NICKLES. I announce that the just doing this on behalf of the leader. roll. I have not conferred with the leader as Senator from Arizona (Mr. MCCAIN) is Mrs. HUTCHISON. Mr. President, I necessarily absent. to what his plans are, so I am unable to The result was announced—yeas 48, ask unanimous consent that the order answer the Senator’s question. nays 51, as follows: for the quorum call be rescinded. Mr. KENNEDY. Further reserving The PRESIDING OFFICER. Without the right to object, and I will not at [Rollcall Vote No. 336 Leg.] objection, it is so ordered. this time, I think this legislation is of YEAS—48 The Senator from Pennsylvania. enormous importance. We are very Abraham Fitzgerald Mack Mr. SANTORUM. Mr. President, I hopeful we will get an early conference Allard Frist McConnell Ashcroft Gorton Murkowski ask unanimous consent there be a vote on it and we will get a favorable resolu- Bennett Gramm Nickles on the Harkin amendment at 2 o’clock. tion. This has passed 99–0 in our body. Bond Grams Reid The PRESIDING OFFICER. Is there It is a good bill that came out of the Breaux Grassley Roberts objection? Without objection, it is so Brownback Gregg Roth House. It is legislation we ought to Bunning Hagel Santorum ordered. complete before we adjourn. Burns Hatch Sessions f I have no objection. Cochran Helms Shelby There being no objection, the Pre- Coverdell Hutchinson Smith (NH) WORK INCENTIVES IMPROVEMENT siding Officer (Mr. HAGEL) appointed Craig Hutchison Smith (OR) ACT OF 1999 Crapo Inhofe Thomas Mr. ROTH, Mr. LOTT, and Mr. MOYNIHAN DeWine Kyl Thompson Mr. SANTORUM. Mr. President, I conferees on the part of the Senate. Domenici Lott Thurmond ask unanimous consent the Senate now f Enzi Lugar Voinovich proceed to the consideration of H.R. NAYS—51 1180, the work incentives bill. I further PARTIAL-BIRTH ABORTION BAN Akaka Edwards Lieberman ask consent that all after the enacting ACT OF 1999—Continued Baucus Feingold Lincoln clause be stricken and the text of S. Mr. BROWNBACK. Mr. President, I Bayh Feinstein Mikulski Biden Graham Moynihan 331, as passed by the Senate, be in- submit for the RECORD a speech given Bingaman Harkin Murray serted in lieu thereof. I further ask the by Mother Teresa. I think it is quite Boxer Hollings Reed bill be read a third time and passed, germane to this debate we are having Bryan Inouye Robb Byrd Jeffords Rockefeller the motion to reconsider be laid upon on partial-birth abortion. It is piercing Campbell Johnson Sarbanes the table, the Senate then insist upon in its view of the truth. It is piercing in Chafee Kennedy Schumer its amendment, and request a con- its view of the issue of abortion. It is Cleland Kerrey Snowe ference with the House. quite clear. I think it is full of great Collins Kerry Specter Conrad Kohl Stevens I further ask consent that nothing in wisdom. Daschle Landrieu Torricelli this agreement shall alter the provi- I ask unanimous consent it be print- Dodd Lautenberg Warner sions of the consent agreement on June ed in the RECORD. Dorgan Leahy Wellstone Durbin Levin Wyden 14, 1999, relating to S. 331. There being no objection, the mate- The PRESIDING OFFICER. Without rial was ordered to be printed in the NOT VOTING—1 objection, it is so ordered. RECORD, as follows: McCain The bill (H.R. 1180), as amended, was THIS GIFT OF PEACE—SMILE AT EACH OTHER The motion was rejected. read the third time and passed. (By Mother Teresa) Mr. BYRD. Mr. President, earlier (The text of S. 331 is printed in the As we have gathered here together to today I voted against tabling a sense of CONGRESSIONAL RECORD of June 16, thank God for the Nobel Peace Prize, I think the Congress amendment proposed by 1999.) it will be beautiful that we pray the prayer Senator HARKIN regarding the Supreme Mr. SANTORUM. Mr. President, I of St. Francis of Assisi which always sur- Court’s 1973 decision in the case of Roe ask unanimous consent the Chair be prises me very much—we pray this prayer v. Wade. Because that vote was, to the authorized to appoint conferees on the every day after Holy Communion, because it best of my recollection, the first time part of the Senate. is very fitting for each one of us, and I al- the Senate has directly and specifically The PRESIDING OFFICER. Is there ways wonder that 4–500 years ago as St. Francis of Assisi composed this prayer that addressed the issue of the Court’s rul- objection? they had the same difficulties that we have ing, I wish to take a few moments to Mr. KENNEDY. Reserving the right today, as we compose this prayer that fits explain my position for the benefit of to object. I reserve the right to object, very nicely for us also. I think some of you my constituents in West Virginia. Mr. President. already have got it—so we will pray to- First, despite the fact that I sup- The PRESIDING OFFICER. The Sen- gether. ported the Harkin amendment, I reit- ator reserves the right to object. Let us thank God for the opportunity that erate that I am, as I always have been, Mr. KENNEDY. If the Senator from we all have together today, for this gift of personally opposed to abortion, with Pennsylvania is the acting leader, peace that reminds us that we have been cre- ated to live that peace, and Jesus became few exceptions—such as when the life could he give us some indication of man to bring that good news to the poor. He of the woman would be endangered, or when we will go to conference on that being God became man in all things like us in cases of incest or rape, when legislation? It is the most important except sin, and he proclaimed very clearly promptly reported. piece of legislation affecting the dis- that he had come to give the good news. The

VerDate 12-OCT-99 01:10 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.029 pfrm01 PsN: S21PT1 S12962 CONGRESSIONAL RECORD — SENATE October 21, 1999 news was peace to all of good will and this is Young parents are in some institution and was in a most terrible condition—and I told something that we all want—the peace of the child takes back to the street and gets the sisters: You take care of the other three, heart—and God loved the world so much that involved in something. We are talking of I take of this one that looked worse. So I did he gave his son—it was a giving—it is as peace. These are things that break peace, but for her all that my love can do. I put her in much as if to say it hurt God to give, because I feel the greatest destroyer of peace today is bed, and there was such a beautiful smile on he loved the world so much that he gave his abortion, because it is a direct war, a direct her face. She took hold of my hand, as she son, and he gave him to Virgin Mary, and killing—direct murder by the mother her- said one word only: Thank you—and she what did she do with him? self. And we read in the Scripture, for God died. As soon as he came in her life—imme- says very clearly. Even if a mother could for- I could not help but examine my con- diately she went in haste to give that good get her child—I will not forget you—I have science before her, and I asked what would I news, and as she came into the house of her curved you in the palm of my hand. We are say if I was in her place. And my answer was cousin, the child—the unborn child—the curved in the palm of His hand so close to very simple. I would have tried to draw a lit- child in the womb of Elizabeth, lit with joy. Him that unborn child has been curved in tle attention to myself, I would have said I He was that little unborn child, was the first the hand of God. And that is what strikes me am hungry, that I am dying, I am cold, I am messenger of peace. He recognized the Prince most, the beginning of that sentence, that in pain, or something, but she gave me much of Peace, he recognized that Christ has come even if a mother could forget something im- more—she gave me her grateful love. And to bring the good news for you and for me. possible—but even if she could forget—I will she died with a smile on her face. As that And as if that was not enough—it was not not forget your. And today the greatest man whom we picked up from the drain, half enough to become a man—he died on the means—the greatest destroyer of peace is eaten with worms, and we brought him to cross to show that greater love, and he died abortion. And we who are standing here—our the home. I have lived like an animal in the for you and for me and for that leper and for parents wanted us. We would not be here if street, but I am going to die like an angel, that man dying of hunger and that naked our parents would do that to us. Our chil- loved and cared for. And it was so wonderful person lying in the street not only of Cal- dren, we want them, we love them, but what to see the greatness of that man who could cutta, but of Africa, and New York, and Lon- of the millions. Many people are very, very speak like that, who could die like that don, and Oslo—and insisted that we love one concerned with the children in India, with without blaming anybody, without cursing another as he loves each one of us. And we the children of Africa where quite a number anybody, without comparing anything. Like read that in the Gospel very clearly—love as die, maybe of malnutrition, of hunger and so an angel—this is the greatness of our people. I have loved you—as I love you—as the Fa- on, but millions are dying deliberately by And that is why we believe what Jesus has ther has loved me, I love you—and the hard- the will of the mother. And this is what is said: I was hungry—I was naked—I was er the Father loved him, he gave him to us, the greatest destroyer of peace today. Be- homeless—I was unwanted, unloved, uncared and how much we love one another, we, too, cause if a mother can kill her own child— for—and you did it to me. I believe that we must give each other until it hurts. It is not what is left for me to kill you and you to kill are not real social workers. We may be doing enough for us to say: I love God, but I do not me—there is nothing between. And this I ap- social work in the eyes of the people, but we love my neighbour. St. John says you are a peal in India, I appeal everywhere: Let us are really contemplatives in the heart of the liar if you say you love God and you don’t bring the child back, and this year being the world. For we are touching the body of love your neighbour. How can you love God child’s year: What have we done for the Christ 24 hours. We have 24 hours in this whom you do not see, if you do not love your child? At the beginning of the year I told, I presence, and so you and I. You too try to neighbour whom you see, whom you touch, spoke everywhere and I said: Let us make bring that presence of God in your family, with whom you live. And so this is very im- this year that we make every single child for the family that prays together stays to- portant for us to realize that love, to be true, born, and unborn, wanted. And today is the gether. And I think that we in our family we has to hurt. It hurt Jesus to love us, it hurt end of the year, have we really made the don’t need bombs and guns, to destroy to him. And to make sure we remember his children wanted? I will give you something bring peace—just get together, love one an- great love he made himself bread of life to terrifying. We are fighting abortion by adop- other, bring that peace, that joy, that satisfy our hunger for his love. Our hunger tion, we have saved thousands of lives, we strength of presence of each other in the for God, because we have been created for have sent words to all the clinics, to the hos- home. And we will be able to overcome all that love. We have been created in his image. pitals, police stations—please don’t destroy the evil that is in the world. There is so We have been created to love and be loved, the child, we will take the child. So every much suffering, so much hatred, so much and then he has become man to make it pos- hour of the day and night it is always some- misery, and we with our prayer, with our sible for us to love as he loved us. He makes body, we have quite a number of unwedded sacrifice are beginning at home. Love begins himself the hungry one—the naked one—the mothers—tell them come, we will take care at home, and it is not how much we do, but homeless one—the sick one—the one in pris- of you, we will take the child from you, and how much love we put in the action that we on—the lonely one—the unwanted one—and we will get a home for the child. And we do. It is to God Almighty—how much we do he says: You did it to me. Hungry for our have a tremendous demand for families who it does not matter, because He is infinite, love, and this is the hunger of our poor peo- have no children, that is the blessing of God but how much love we put in that action. ple. This is the hunger that you and I must for us. And also, we are doing another thing How much we do to Him in the person that find, it may be in our own home. which is very beautiful—we are teaching our we are serving. Some time ago in Calcutta I never forget an opportunity I had in vis- beggars, our leprosy patients, our slum we had great difficulty in getting sugar, and iting a home where they had all these old dwellers, our people of the street, natural I don’t know how the word got around to the parents of sons and daughters who had just family planning. children, and a little boy of four years old, put them in an institution and forgotten And in Calcutta alone in six years—it is all Hindu boy, went home and told his parents: maybe. And I went there, and I saw in that in Calcutta—we have had 61,273 babies less I will not eat sugar for three days, I will give home they had everything, beautiful things, from the families who would have had, but my sugar to Mother Teresa for her children. but everybody was looking toward the door. because they practice this natural way of ab- After three days his father and mother And I did not see a single one with their staining, of self-control, out of love for each brought him to our house. I had never met smile on their face. And I turned to the sis- other. We teach them the temperature meter them before, and this little one could scarce- ter and I asked: How is that? How is it that which is very beautiful, very simple, and our ly pronounce my name, but he knew exactly the people they have everything here, why poor people understand. And you know what what he had come to do. He knew that he are they all looking toward the door, why they have told me? Our family is healthy, wanted to share his love. And this is why I are they not smiling? I am so used to see the our family is united, and we can have a baby have received such a lot of love from you all. smile on our people, even the dying ones whenever we want. So clear—these people in From the time that I have come here I have smile, and she said: This is nearly every day, the street, those beggars—and I think that if simply been surrounded with love, and with they are expecting, they are hoping that a our people can do like that how much more real, real understanding love. It could feel as son or daughter will come to visit them. you and all the others who can know the if everyone in India, everyone in Africa is They are hurt because they are forgotten, ways and means without destroying the life somebody very special to you. And I felt and see—this is where love comes. That pov- that God has created in us. The poor people quite at home I was telling Sister today. I erty comes right there in our own home, are very great people. They can teach us so feel in the Convent with the Sisters as if I even neglect to love. Maybe in our own fam- many beautiful things. The other day one of am in Calcutta with my own Sisters. So ily we have somebody who is feeling lonely, them came to thank and said: You people completely at home here, right here. And so who is feeling sick, who is feeling worried, who have evolved chastity you are the best here I am talking with you—I want you to and these are difficult days for everybody. people to teach us family planning. Because find the poor here, right in your own home Are we there, are we there to receive them, it is nothing more than self-control out of first. And begin love there. Be that good is the mother there to receive the child? love for each other. And I think they said a news to your own people. And find out about I was surprised in the waste to see so many beautiful sentence. And these are people who your next-door neighbor—do you know who young boys and girls given into drugs, and I maybe have nothing to eat, maybe they have they are? I had the most extraordinary expe- tried to find out why—why is it like that, not a home where to live, but they are great rience with a Hindu family who had eight and the answer was: Because there is no one people. The poor are very wonderful people. children. A gentleman came to our house and in the family to receive them. Father and One evening we went out and we picked up said: Mother Teresa, there is a family with mother are so busy they have no time. four people from the street. And one of them eight children, they had not eaten for so

VerDate 12-OCT-99 01:10 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.021 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S12963 long—do something. So I took some rice and want that you give me until it hurts. The ing amendment be set aside. Obviously, I went there immediately. And I saw the other day I received 15 dollars from a man we have a vote locked in at 2 o’clock. children—their eyes shining with hunger—I who has been on his back for twenty years, I ask unanimous consent that it be set don’t know if you have ever seen hunger. But and the only part that he can move is his aside. I have seen it very often. And she took the right hand. And the only companion that he rice, and divided the rice, and she went out. enjoys is smoking. And he said to me: I do The PRESIDING OFFICER. Without When she came back I asked her—where did not smoke for one week, and I send you this objection, it is so ordered. you go, what did you do? And she gave me a money. It must have been a terrible sacrifice Mr. SANTORUM. Mr. President, very simple answer: They are hungry also. for him, but see how beautiful, how he what I want to do is give an oppor- What struck me most was that she knew— shared, and with that money I bought bread tunity for other Senators who have and who are they, a Muslim family—and she and I gave to those who are hungry with a amendments to come to the floor and knew. I didn’t bring more rice that evening joy on both sides, he was giving and the poor offer their amendments during this because I wanted them to enjoy the joy of were receiving. This is something that you sharing. But there was those children, radi- time so we can move forward on the and I—it is a gift of God to us to be able to bill, with the expectation we can finish ating joy, sharing the joy with their mother share our love with others. And let it be as because she had the love to give. And you see it was for Jesus. Let us love one another as the bill sometime today. this is where love begins—at home. And I he loved us. Let us love Him with undivided Also, if any Senator has a statement want you—and I am very grateful for what I love. And the joy of loving Him and each on either side of the issue, this is a have received. It has been a tremendous ex- other—let us give now—that Christmas is good opportunity to come down and perience and I go back to India—I will be coming so close. Let us keep that joy of lov- make their statement about the bill or back by next week, the 15th I hope—and I ing Jesus in our hearts. And share that joy about any amendment that has been will be able to bring your love. with all that we come in touch with. And And I know well that you have not given offered to date. I hope we will use this that radiating joy is real, for we have no rea- time fruitfully and not delay the Sen- from your abundance, but you have given son not to be happy because we have Christ until it hurts you. Today the little children with us. Christ in our hearts, Christ in the ate any further in acting upon this they gave—I was so surprised—there is so poor that we meet, Christ in the smile that very important measure. much joy for the children that are hungry. we give and the smile that we receive. Let us I yield the floor. That the children like themselves will need make that one point: That no child will be The PRESIDING OFFICER. The Sen- love and care and tenderness, like they get unwanted, and also that we meet each other so much from their parents. So let us thank ator from Nebraska. God that we have had this opportunity to always with a smile, especially when it is Mr. KERREY. Mr. President, does the come to know each other, and this knowl- difficult to smile. Senator from Pennsylvania intend to I never forget some time ago about 14 pro- edge of each other has brought us very close. stay on the floor for a while? fessors came from the United States from And we will be able to help not only the chil- different universities. And they came to Cal- Mr. SANTORUM. For another 10 min- dren of India and Africa, but will be able to cutta to our house. Then we were talking utes, and then I am going to be gone. help the children of the whole world, because about home for the dying in Calcutta, where Mr. KERREY. I have to leave as well. as you know our Sisters are all over the we have picked up more than 36,000 people I have come a couple times trying to world. And with this Prize that I have re- only from the streets of Calcutta, and out of ceived as a Prize of Peace, I am going to try engage in a colloquy on this piece of that big number more than 18,000 have died to make the home for many people that have legislation. I thought now would be the no home. Because I believe that love begins a beautiful death. They have just gone home time to take a few minutes to do so. at home, and if we can create a home for the to God; and they came to our house and we I support a woman’s right to choose. poor—I think that more and more love will talked of love, of compassion, and then one I voted yes on Medicaid funding. I of them asked me: Say, Mother, please tell spread. And we will be able through this un- think it is critical for me to support a derstanding love to bring peace, be the good us something that we will remember, and I said to them: Smile at each other, make woman’s right to choose for those peo- news to the poor. The poor in our own family ple who cannot afford it. I supported first, in our country and in the world. To be time for each other in your family. Smile at able to do this, our Sisters, our lives have to each other. And then another one asked me: Federal employees’ rights to use health be woven with prayer. They have to be Are you married, and I said: Yes, and I find insurance, and I supported rights of woven with Christ to be able to understand, it sometimes very difficult to smile at Jesus people in the armed services to repro- to be able to share. Because today there is so because he can be very demanding some- ductive services. I think I voted five much suffering—and I feel that the passion times. This is really something true, and times against your legislation or some- there is where love comes—when it is de- of Christ is being relived all over again—are thing to that extent, and a couple we there to share that passion, to share that manding, and yet we can give it to Him with joy. Just as I have said today, I have said times to sustain the President’s veto. suffering of people. Around the world, not I want people on both sides of the only in the poor countries, but I found the that if I don’t go to Heaven for anything else poverty of the West so much more difficult I will be going to Heaven for all the publicity aisle to understand this procedure to remove. When I pick up a person from the because it has purified me and sacrificed me deeply troubles me. I am not certain street, hungry, I give him a plate of rice, a and made me really something ready to go to how I am going to vote this time piece of bread, I have satisfied. I have re- Heaven. I think that this is something, that around. I indicated to people in Ne- moved that hunger. But a person that is shut we must live life beautifully, we have Jesus braska that I am listening to their con- out, that feels unwanted, unloved, terrified, with us and He loves us. If we could only re- member that God loves me, and I have an op- cerns about this procedure. the person that has been thrown out from so- I state at the beginning this is a very ciety—that poverty is so hurtable and so portunity to love others as He loves me, not in big things, but in small things with great difficult issue because very often we do much, and I find that very difficult. Our Sis- not have a chance to debate and talk ters are working amongst that kind of people love, then Norway becomes a nest of love. in the West. So you must pray for us that we And how beautiful it will be that from here about it in a personal way, as in the may be able to be that good news, but we a centre for peace of war has been given. way the Senator from Pennsylvania did cannot do that without you, you have to do That from here the joy of life of the unborn last evening. I caught about the last 30 that here in your country. You must come to child comes out. If you become a burning minutes of the presentation. It is a know the poor, maybe our people here have light in the world of peace, then really the Nobel Peace Prize is a gift of the Norwegian very moving and personal presentation material things, everything, but I think that the Senator makes, and oftentimes we if we all look into our own homes, how dif- people. God bless you! Mr. BROWNBACK. Mr. President, I just do not get that. We lock in our po- ficult we find it sometimes to smile at each sitions early on in our political careers other, and that the smile is the beginning of yield the floor and suggest the absence love. And so let us always meet each other of a quorum. and are told by our political consult- with a smile, for the smile is the beginning The PRESIDING OFFICER. The ants: You cannot change your position of love, and once we begin to love each other clerk will call the roll. or modify your position in any way— naturally we want to do something. So you The bill clerk proceeded to call the especially in my case; I am coming up pray for our Sisters and for me and for our roll. on an election—you are doing it for po- Brothers, and for our co-workers that are Mr. SANTORUM. Mr. President, I litical reasons, so forth, your sup- around the world. That we may remain faith- ask unanimous consent that the order porters get bitterly disappointed, on ful to the gift of God, to love Him and serve and on and all that political advice. Him in the poor together with you. What we for the quorum call be rescinded. have done we would not have been able to do The PRESIDING OFFICER. Without I have, in my case, to ignore that. I if you did not share with your prayers, with objection, it is so ordered. find this to be very much about what your gifts, this continual giving. But I don’t Mr. SANTORUM. Mr. President, I kind of a country we want to be, and it want you to give me from your abundance, I ask unanimous consent that the pend- is a very serious debate. I do not know

VerDate 12-OCT-99 01:10 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.024 pfrm01 PsN: S21PT1 S12964 CONGRESSIONAL RECORD — SENATE October 21, 1999 that we have time, I say to the Senator College of Obstetrics and Gynecology In other words, this is not a woman from Pennsylvania, today or right now policy statement on the issue. Several who has chosen to have an abortion. to do it, but at some point, even when years ago, they put together a select She wanted to have the baby. She the Senator from California is down panel, and the select panel reviewed wanted to deliver the baby. here, I want to talk about this question the procedure to determine whether Mr. SANTORUM. She was in the of medical necessity because for me it there were cases in which it was medi- process of delivery, and they had to do turns on that. If this procedure is not cally necessary to perform this proce- something? medically necessary, then your legisla- dure. They came forward with a state- Mr. KERREY. That is correct. tion is not an undue burden upon any- ment. This is what their statement Mr. SANTORUM. Two comments. one who chooses to undergo an abor- said: First of all, the definition of ‘‘par- tion. It is not an undue burden. If it is [We] could identify no circumstances under tial-birth abortion’’ is very clear. It re- medically necessary, then it can be an which this procedure . . . would be the only quires an intent to do an abortion. So undue burden. That is where it gets in option to save the life or preserve the health if you were going in, and you were hav- a hurry for me as I consider this. of the woman . . . ing a delivery, and the delivery is I have talked to people in Nebraska They went on to say—and this is breech, for example, that would not be about this, both for and against. It is where the Senator from California will covered under this. It is very clear. very difficult for anybody, once they come in and say, see, that is not the There is no court in the land, that has consider what this procedure is, to say: whole story, so I will go on. It says: reviewed this, that has suggested that Gosh, that’s good; it doesn’t bother me; An intact D&X— anyone who is in the process of deliv- I am not concerned about it. Almost Partial-birth abortion— ering a child for the purpose of a live unanimously people say there is some- however, may— birth is covered under this definition thing about this that just does not May— because you have to have the intent to have an abortion. If there is no such in- seem right. be the best or most appropriate procedure in I wonder if the Senator can talk for a particular circumstance to save the life or tent, then you are not covered under a bit—I do not want to drag him too preserve the health of a woman, and only the the act. long into this discussion—about this doctor, in consultation with the patient, Mr. KERREY. Has the Senator exam- issue of medical necessity. I will an- based upon the woman’s particular cir- ined the Eighth Circuit decision that nounce ahead of time for the staff, for cumstances can make this decision. overturned it? the Senator from California, I will give We have asked the American College Mr. SANTORUM. I have. her an opportunity, as well, to describe of Obstetrics and Gynecology to pro- Mr. KERREY. Can we speak to that why she believes this is medically nec- vide us an example of where this proce- later? I don’t want to keep you any essary. I have heard the Senator from dure may be the best procedure because longer. You were kind enough to stick Pennsylvania say it is not. I appreciate what they say is it ‘‘may.’’ For 3 years around a few minutes. I need to leave very much an opportunity to hear di- we have asked them to provide us a for a luncheon, as well. Perhaps we can rectly from him. factual situation where, in fact, this speak later this afternoon. Mr. SANTORUM. Mr. President, first ‘‘may’’ would come into play, and they Mr. SANTORUM. Yes, I would be off, I thank the Senator very much for have not done so. happy to. In fact, I shared with the his interest in an honest and open de- In fact, we have letters, and I would Senator from Nebraska yesterday an bate. I agree, this is one of the critical be happy to share them with you; there amendment to the bill that I think di- issues we have to address, and the are dozens—in fact, there is a whole rectly is on point with what the Eighth courts have confronted this question of stack—from obstetricians and gyne- Circuit decision had concern with, undue burden. cologists throughout America who which is the vagueness of the defini- Underlying that are two issues; one is take issue with this statement, saying tion, that it could cover more than one the center point: Is this medically nec- there are no circumstances where this abortion. I think this refinement of the essary. Second, are there alternatives would be the most appropriate proce- definition makes it crystal clear that to this procedure so as not to have an dure. we are only talking about this one pro- undue burden. Dr. FRIST addressed that issue last cedure. That gets into a couple issues. Let night. He went through the medical lit- As I said to the Senator from Cali- me address the medical necessity issue. erature and talked about it. I have fornia, Mrs. FEINSTEIN, when she was I will present the evidence as best I asked him to come over, if he can, be- going through the Eighth Circuit deci- can that supports, we believe, the fact cause I think, as a physician, as a sur- sion earlier, the Eighth Circuit said that this is not medically necessary. geon, he may be better to answer this our problem with this is it includes too We have, of course, the AMA which question than me. much. Obviously, if you take the logic said it is not medically necessary. That Mr. KERREY. I appreciate that very of that, they would probably not have a is the American Medical Association. much. problem if it did not include too much. They have said in a letter and stand by Mr. President, I expect, after lunch, Mr. KERREY. The language you it that this procedure is not medically to come back. I hope there is an oppor- showed me earlier to modify your necessary. tunity to engage in this kind of col- amendment was to respond to the We have C. Everett Koop, obviously loquy. Eighth Circuit? someone who has a tremendous amount I will give you an example. There was Mr. SANTORUM. That is correct. of respect in this country, who has a woman who approached me and said: Mr. KERREY. Mr. President, I ac- written directly this is not medically Senator, there are times when a complished at least the objective of necessary. woman gets an abortion where she letting people know that: Please, don’t We have an organization of 600—actu- would prefer not to. She has gone in for put me in the ‘‘no column’’ on this im- ally more than 600—obstetricians and delivery—that is the situation this mediately. I indicated the last time gynecologists, many of them members woman described to me. She went in to this thing was around that I have sig- of the American College of Obstetrics deliver a baby. She went in and deliv- nificant reservations about it. I have and Gynecology, many of them fellows, ered prematurely, and the doctor had listened to people and talked to people, who have written without any hesi- to make a decision and chose, she especially at home, and under no cir- tation this procedure is not medically thought, this procedure—I don’t know cumstances do I—I was Governor for 4 necessary and is, in fact, dangerous to precisely; I don’t have the documenta- years and have been a Senator for 10 the health of the mother. They go one tion on this—but thought the doctor years. The worst thing is to be locked step further: It is never medically pref- chose this procedure and was worried into a position from which people say erable, not only medically necessary. that if this procedure was not avail- you can’t change, even if you acquire On the other side of the issue—and I able, the doctor might not have been evidence that your previous position is am trying to present it, and I know the able to save her life. wrong. Senator from California will present I presume the Senator has a response So I want both the Senator from her side—what is used is the American to that. This is not a unique situation. Pennsylvania and especially the people

VerDate 12-OCT-99 01:49 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.032 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S12965 in Nebraska to understand that I am The real concern among physicians, eration, the techniques of operation, looking at it. If I conclude I was wrong which I think is very accurate, is you the potential complications of oper- the other time, I will vote differently are taking a specific procedure and ation, the risks of operation, and the this time. taking it off the table. And the ques- outcome of operation, none of that— Mr. SANTORUM. I thank the Senator tion is, Why? none of that—has been studied by the from Nebraska for his openmindedness The other big concern is, is this a medical profession for partial-birth on this. From my perspective, in look- slippery slope? Does this mean the Con- abortion, which involves the rotation ing at his career, it comports very well gress is going to come in and take an- of the fetus in utero, pulling out most with his previous practice. I appreciate other procedure and another procedure of the fetus, inserting scissors into the the opportunity to converse with the to accomplish a goal with some hidden base of the cranium of the skull, expan- Senator. agenda of eliminating all abortions for sion of those scissors, and evacuation I might just say, this is the kind of everybody under all circumstances at a of the brain. It has not been studied. dialog I think we need to have on the certain point in life? It is not. I have also mentioned I wanted to see Senate floor when it comes to this In is this unusual nature of being a what our medical students are learn- issue. Let’s get to the material facts specific procedure that is what is hard ing. Therefore, over the last several that are before us, and let’s have an en- for the American people to understand days, I reviewed 17 different textbooks. lightened discussion about what under- and physicians to understand and our In fact, they are sitting in my office. I pins this case. colleagues to understand. This basi- thought about bringing a couple and Dr. FRIST is here. If the Senator cally takes a procedure, which is one of putting them on the desk. In 17 of would care to add to this colloquy, I many, at any point —really 22 weeks those textbooks, not once is that pro- would certainly appreciate his com- and later—and eliminating it because cedure described. Not once are the indi- ments. of the brutality, the inhumaneness, the cations for that procedure there. Not Mr. FRIST. Mr. President, it is inter- way it is performed, the risk, the un- once is there any discussion of the risk esting. I believe much of the discussion studied risk of the safety of the moth- of the complications or of the outcome. centers on the fact of this being a par- er, and the damage to the fetus, which I challenge my colleagues and others: ticular procedure; that is, as I have during that period, I would argue, does Where else would we allow a procedure said on the floor of the Senate, this feel pain. which we know has complications? particular procedure, as described, is a Mr. KERREY. I thank the Senator. They have been outlined on the floor. subset of many other types of proce- Mr. FRIST. Thank you. We know there is hemorrhage or bleed- dures of abortion. Let me move to something that I ing, or perforation of the uterus by a As I talk to physicians and surgeons, commented on very briefly, and that is which I do on a regular basis—because, blind manipulation. We know there is a this whole concept of a slippery slope. as I said, I am not an obstetrician, I am rupture of the uterus. The list goes on I have talked to a number of physicians a surgeon who is trained in looking at in terms of the complications of the in the last several days. Their concern surgical techniques—this is a specific procedure. But where else in medicine is exactly as I implied. We have the technique which is a subset of a much today do we actually allow a procedure Congress coming in and taking a proce- larger armamentarium. This is where to be performed that we know hurts dure—and none of the physicians I have much of the confusion is. It is con- people, that is on the fringe, which has talked to have tried to justify this pro- fusing to many physicians. Physicians not been studied by the medical profes- cedure in any way—but the great fear today have this great fear that by pro- sion? There are no trials. There are no is that you take this procedure, and hibiting a single procedure, in some publications in peer review journals. Of the Congress will come back a year way that is going to be expanded to the thousands and thousands of peer from now, or 2 years from now or 3 eliminate the much larger armamen- review articles out there, the thou- years from now, and ban other very tarium of tools used. sands in obstetrics each year, this pro- That is what we have to be very care- specific procedures. cedure has not been studied. We have ful of. We are talking about a very spe- I struggled with this a great deal be- an option. We have alternatives in each cific procedure that has been described. cause I do not want to see the Federal and every case. We do not need to go through the de- Government coming in to that decision It is interesting because a number of tails now. There are other procedures making capacity. I struggled with it people have called around and talked that are in a broader arena called D&E night and day. I struggled with it since to their own medical schools trying to and all these more medical terms it is we last debated this on the floor. But gather more information. They will not worth getting into. ultimately, I come back to the fact call me afterwards and say: Senator But it is important for people to un- that women are being hurt by a spe- FRIST, or Dr. FRIST, I just talked to the derstand this is a very specific type of cific procedure; thus, we have a public obstetrician back home and he says procedure that is different, that is on responsibility, as being trustees to the that abortions are indicated at certain the fringe; that does not mean the American people, since there are points, in his or her mind. Therefore, other procedures can’t and in certain women being hurt by a procedure, to outlaw this procedure would mean cases shouldn’t be used. which is unnecessary today, that con- no abortions will be performed in that Mr. KERREY. If the Senator will tinues to be performed on the fringe, middle or late trimester. You could yield for a question in this regard. out of the mainstream, that we do have argue, depending on your moral beliefs Mr. FRIST. Yes. a public obligation to reach out and or medical beliefs, whether or not that Mr. KERREY. This bill, then, is inac- prohibit that specific procedure. should be the case, but that is not what curately characterized as a late-term I described in some detail last night is under discussion today. abortion bill? It is not? I have had peo- the out-of-mainstream whole fringe na- What is under discussion is the elimi- ple ask me about it: Are you going to ture of this procedure. Again, I think it nation of a specific procedure for which support the partial-birth abortion bill is very important for people to under- there are alternatives; a specific proce- because it is going to end this proce- stand this is a fringe procedure. dure I argue not only offends the basic dure, late-term procedure? This is a Then people will come and say: If it’s civil sensibilities of all Americans but bill that would make illegal a specific such a fringe procedure, why do you is inhumane to the fetus and hurts and medical procedure? say we need to go so far as to have the damages and threatens the health of Mr. FRIST. That is exactly right. Federal Government become involved? women. Mr. KERREY. The second part, is Again, it comes back to the fact that I was talking to an obstetrician yes- there precedent for us to do this sort of being a fringe procedure, the safety, terday at one of the very esteemed thing? the efficacy of this procedure has not medical centers. I basically asked, do Mr. FRIST. No, there is not, or to my been discussed. you teach this procedure. I have not mind, there is not. You can find certain As a surgeon, as someone who has talked to anybody yet—I know it is not examples, because we are talking about spent his entire adult life, or 20 years in the literature—who teaches this pro- life, and other places that the Senate of his life, studying surgical proce- cedure in an established surgical resi- has intervened. dures, studying the indications for op- dency training program. That is the

VerDate 12-OCT-99 01:10 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.035 pfrm01 PsN: S21PT1 S12966 CONGRESSIONAL RECORD — SENATE October 21, 1999 program where we train the board cer- floor, the sale of fetal body parts is il- disgusted that such a brutal act would tified obstetricians. legal. Ironically, President Clinton take place in this country to be carried There might be some abortionists himself signed the legislation banning out against a defenseless child. Yet we who are not board certified, who have that. Yet it is taking place in America. condone it. not gone through board programs. It is I think we need to look into this mat- As I said last night on the floor, if important for people to know you can ter in great detail. every SPCA in America announced to- perform abortions, you can actually do The purpose of my amendment is to morrow they were going to kill all of surgery without being board certified. provide that we have disclosure so we their dogs and cats, unwanted cats and You don’t have to go through the cer- know who is selling, who is buying, dogs, puppies, kittens, by using this tification process. Yes, there are people what is being sold, and whether or not procedure with no anesthetic, putting a performing this procedure, but if you laws are being violated. needle to the back of the head and go to the established licensing, As many of you know, several years sucking the brains from those animals, credentialling bodies, you won’t find ago, in 1994 and 1995, I took to the floor I guarantee there would be a firestorm. this procedure being taught. of the Senate on this legislation. As a There would be people protesting in Are abortions being taught? It de- matter of fact, I wrote the original par- front of the SPCA. But we do it to our pends on which medical school you are tial-birth abortion ban bill. I took a lot children. attending. It depends on which resi- of heat for it. I received a lot of at- Then we say we are surprised when dency training program. One person I tacks from the media, a lot of attacks our children go out and kill other chil- was talking to yesterday said: No, at from some colleagues, and certainly dren, when they get into trouble with our hospital, as part of our program, from the abortion industry. drugs and all the other things that we don’t go in and teach midtrimester President Clinton came to my State sometimes happen to our children in abortions. We don’t teach the proce- and campaigned against me in my re- society. What are we telling them? dures. If you voluntarily come forward, election efforts, as did Vice President What is the message we are giving yes, we will teach abortion. But we will GORE and Mrs. Clinton. They had a reg- them? We are telling them: You are not teach the partial-birth abortion, ular celebrity group up there making worthless. We tell them: You go to which involves manipulation within pretty much of a big deal out of the school today, Johnny, be a good boy, the uterus, blind extraction of 90, 95 fact that I had been this ‘‘extremist’’ and we will abort your sister with this percent of the fetus, and opening the who stood on the Senate floor and ex- horrible procedure while you are in cranium with scissors bluntly and posed partial-birth abortion. I didn’t school. That is what we are telling evacuation of the brain. We teach abor- even know it existed 6 years ago. them. tion voluntarily, but we do not actu- The interesting thing to me is, why I was told from a very early age that ally teach the partial-birth abortion. is it that those of us who are opposed when you are around children and talk, Therefore, when my colleagues talk to this barbaric procedure are ‘‘extrem- they listen. They hear you. A lot of to people, be very specific that this ists’’ and those who perform it are not? times, you ask a 3-year old. I can dis- procedure, the partial-birth abortion They are ‘‘thoughtful liberals,’’ I guess. cuss this or that, and they don’t care procedure as described on the floor of It is amazing what we can do with se- what I am saying. They are not paying the Senate, is the procedure that is mantics and, with a little disingenuous any attention. They are playing with under discussion. discussion, how we can change the de- To summarize, this is a fringe proce- their toys. You would be surprised at bate in this country. dure. It is outside of the mainstream. what they hear. Senator SANTORUM and others have I tell you what they are hearing when It is not studied or taught in our med- talked extensively on what happens in they hear this debate. They are hear- ical schools. Of the 17 textbooks I re- a partial-birth abortion. I am not going ing: We are worthless; nobody cares viewed last night, I did find one ref- to go into all of that. But I will say about us. We can just go ahead and erence, after looking through all 17 this: It is infanticide. It is killing chil- abort you, kill you—you are just to be books, to partial-birth abortion. It had dren in some cases outside of the discarded in a trash can—and go right nothing to do with technique. It had womb. on about our business, keep working on nothing to do with complications. It We have a child who is 90-percent our jobs, having a nice vacation and had nothing to do with outcome. The born but for the head, and under the so- our 401(k)s; everything is fine. We just only mention was one paragraph in called Roe v. Wade law, unfortunately, go ahead and kill babies. this particular textbook. It mentioned that child, because the head has not The vast majority of partial-birth the veto by the President of the United come through the birth canal, can be abortions are performed on healthy States. killed by using a barbaric means of There are alternatives to this inhu- women with healthy babies. Dr. Martin needle and sucking the brains from the mane, barbaric procedure. Thus, I con- Haskell, who is the leading practi- child. It is a horrible procedure which tinue to support the Senator from tioner of partial-birth abortions, said: I has been discussed here in great detail. Pennsylvania in prohibiting this proce- will be quite frank; most of my abor- It is amazing to me that we are ‘‘ex- dure and its practice. tions are elective in that 20- to 24-week I suggest the absence of a quorum. tremists,’’ we who are exposing it, and range, and, in my particular case, 20 The PRESIDING OFFICER. The those who do it are not. But that is the percent are for genetic reasons and 80 clerk will call the roll. way we are with semantics. percent are purely elective. Mr. Presi- The legislative clerk proceeded to When I came down to the floor sev- dent, 24 weeks is 6 months. call the roll. eral years ago, I brought a little plastic I received a telephone call in one of Mr. SMITH of New Hampshire. Mr. medical doll. When the press was fin- my offices several weeks ago. A 9-year- President, I ask unanimous consent ished writing about it, it was a ‘‘plastic old girl relayed to my staff this mes- that the order for the quorum call be fetus.’’ I was accused of showing abort- sage: rescinded. ed children on the floor of the Senate I want to thank the Senator for being The PRESIDING OFFICER (Mr. when in fact I showed a picture of pre- pro-life. I’m 9 years old and I would BUNNING). Without objection, it is so mature babies who had been born who like him to tell America when he has ordered. had lived. But as many times as I cor- the chance that my mother gave birth Mr. SMITH of New Hampshire. Mr. rected papers such as the New York to me prematurely when she was 5 President, it is my intention at some Times, they still couldn’t get it right. months pregnant. I’m here talking to point later on in the proceedings of the This debate has been pretty harsh at you now. Please tell your fellow Ameri- debate on this partial-birth abortion times. Frankly, it is very graphic. My cans not to kill children like me. ban bill to offer an amendment that goal is not to try to revisit all of that That is pretty powerful stuff. would bring some sunshine and light but to try to get into your heart, if I When President Clinton held his into the abortion industry in terms of cannot your face, on this issue. We all press conference and said he had five disclosure. have very strong feelings about this. women at the press conference who had As I indicated last night in a rather But I have to believe most Americans all undergone health-saving partial- lengthy presentation on the Senate are appalled, sickened, angered, and birth abortions, one of the women later

VerDate 12-OCT-99 01:10 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.037 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S12967 involved in that press conference ad- their dreams. In the Declaration of 10,000 women since 1973, advising them mitted her abortion was not necessary Independence, Thomas Jefferson said to choose life. at all. As far as her health was con- we have the right to life, liberty, and If you want something emotional, at- cerned, it was not medically necessary. the pursuit of happiness. Down the tend one of her meetings and see those She said on a radio show soon after the drain. They didn’t have a choice. 10-, 12-, 15-year-old boys and girls sit- press conference: I hear a lot about choice in this de- ting there in the audience applauding This procedure was not performed in order bate. What choice do they have? It Dorothy Wallace. You can have that to save my life. This procedure was elective. would be interesting to have in the gal- experience too, I would say to any That is considered an elective procedure, as lery some of the 40 million. They could young woman out there; we can help were the procedures of all the women who be sitting up here today. I wonder how you. There are professionals who will were at the White House veto ceremony. they would vote on this bill if they help you get through this. Choose life. The sad truth is we will pass this bill; could vote. I think the vote would be Let me say to the three or four Sen- that is the good news. The bad news is different. I don’t think there is any ators we need, who might change their it will be vetoed again for the third question about it. votes—I am always an optimist; you time by this President because we need Sometimes we make judgments never know—pick up your grandchild, 67 votes to override it and we don’t about why a woman, mother, should or your child, if you are that young. have them. That is sad because thou- have a right to have an abortion. I am Most of us are too old to have young sands more children are going to die in reminded of a story I mentioned last children in here—not everybody. But the next few years because President night on the floor. I will mention it pick up your own children, hold them William Jefferson Clinton won’t sign again because I know some missed it. I in your arms, and ask yourself this this bill—thousands—and they will die ask this question. Answer silently. If question: How close is that little child brutally. We are responsible for it in you knew a woman who had three chil- in the birth canal that you are voting this Senate because we can’t get 67 dren born blind, then she had two more to kill, how close is that child to that men and women with the guts. Does it children born deaf, a sixth child born little grandchild of yours you are now really take guts to stand up, go down mentally retarded, and she was preg- holding? Six months? Six years? I don’t to the well and say, aye, to ban this nant again and she had syphilis, would know. But look at that little grand- horrible procedure? We don’t have you recommend she have an abortion? child. He or she has feet, has a face or them. And Bill Clinton has the pen. If you said yes, guess who you just body. So does that little child being ex- That is the Constitution. killed. Beethoven. He made a pretty ecuted in a partial-birth abortion. I want everybody to know, three fair contribution to the world, as I re- I am going to talk for a few moments votes, maybe four—probably three— call, but we would have killed Bee- on the subject of my amendment, will decide whether thousands of chil- thoven. How many Beethovens have we which is on the marketing and sale of dren live or die. Hopefully, we keep killed in those 40 million? How many fetal tissue from aborted babies. This is that in mind as the debate moves for- great baseball players such as my col- a gruesome story, but I want to tell ward. league presiding, have we killed? How you, it is happening. I say to my col- I don’t enjoy talking about abortions many entertainers? We will never leagues, this is happening in America, and about killing children. Why are we know. But we did it. We did it. and it is disgusting. It is illegal, it is on the Senate floor doing this? Let me One of the things about America, immoral, and it is unethical. If some- state why. Roe v. Wade was passed in people want to blame somebody else. body says, What does that have to do 1973 that said anyone can have an abor- My kid gets in trouble; it is not my with partial-birth abortion? in my tion any time they want for any rea- fault; it is somebody else’s fault. amendment we will find out whether son. Over 4,000 babies, 4,100 to be exact, We are responsible for this. We go to partial-birth abortions are being used, die every day from legalized abortion; work; everything is fine. But don’t in fact, to sell babies’ body parts. not from partial-birth abortion, to be worry about those 40 million kids— Like partial-birth abortion, fetal tis- fair, but from abortions. Many of them gone. Mr. President, 95 percent of those sue sales are morally and ethically rep- are partial-birth abortions. abortions are used for birth control. rehensible. It is a practice I hadn’t When I first took the floor on this They were totally elective. One to two heard of until recently. I couldn’t be- issue several years ago, I was told it percent are done because the life of the lieve we did it. But it does show how might be a dozen or two dozen at the mother was threatened or she was per- far this industry has gone beyond the most, in extreme cases—hydrocephalic haps raped or some other horrible ethical boundaries that even most pro- babies and other horrible deformities thing. That means that more than 38 choice Americans believe is legitimate. were the only times they were million abortions are performed for Also, like partial-birth abortion, this aborting. I was knocked by some, cer- reasons that boil down to one word: industry has taken a practice, the sell- tainly in the media, that I made a Convenience. It is convenient, isn’t it? ing of fetal body parts, which is illegal mountain out of a molehill, this was How convenient it is. Mom was too old; under Federal criminal law, and has not prevalent in our society, and why mom was too young; mom was in high created a loophole to allow them to do was I doing all this. school; mom was in college; mom need- it. There is a loophole in partial-birth Now we find from the admission of ed to work. abortion, too. I coined the term ‘‘head their own people who perform the abor- Who knows. I want to speak directly loophole’’ because, you see, if the arms tions that partial-birth abortions are to any woman out there now listening or the toes or the trunk or the leg or very frequent. I will point out in a few to me who may be pregnant with an anything else exits the birth canal, it moments why they are frequent. I will unwanted pregnancy. There is help out is not a baby yet. Somebody created a point out some of the dirty little se- there. One does not need to do this. Do loophole, legal mumbo-jumbo. It crets of this industry. It will shock not listen to those who say that is the makes lawyers rich and kills children. Members. It shocked me. only alternative. There is another al- Ironically, if you turn the baby Mr. President, 40 million children ternative. If anyone wants help, there around—and they have done that; the have died since 1973, since Roe v. Wade, are professionals to help. Call my office abortionists do turn the baby around, from abortion—not partial-birth abor- or the office of any other pro-life Sen- so it is a breach birth, so the head is tion but all abortions. There are 260 ator. We will steer anyone to the right last—by doing that, under the law of million Americans. Roughly one-sev- people to get that help. I beg women to Roe v. Wade, they can kill the child. If enth, about 15 percent, of America’s do it. They will be glad they did when it is the other way around and the head population has been executed through they look back 10, 15, 20 years from exits first, they cannot. Is the head less abortion; never to be a mom, never to now. They will be glad. baby than the torso and the legs and be a dad, never to be a doctor. Who I had the privilege of helping to raise the toes? You be the judge. knows. Maybe one of those kids could funds for a home for unwed mothers, a Stabbing a baby in the back of the have been a scientist who found a cure clinic in Baton Rouge, LA, from a head is murder, infanticide. Call it for cancer—never have the chance to be woman who is a saint on Earth. Her whatever you want; that is what it is. happy, never have a chance to fulfill name is Dorothy Wallace. She saved It is done for convenience. We are

VerDate 12-OCT-99 01:10 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.040 pfrm01 PsN: S21PT1 S12968 CONGRESSIONAL RECORD — SENATE October 21, 1999 going to pay a severe price for this one The wholesaler technicians harvest the abortion clinic that would allow us to go in day. The bottom line is, they call it organs—skin, limbs, et cetera. The and procure fetal tissue for research. We medicine. Are you kidding me? clinic donates fetal body parts to the would get a generated list each day to tell us Let’s go back to the sale of body wholesaler who, in turn, pays the clinic what tissue researchers, pharmaceuticals and universities were looking for. Then we parts and how it relates here. Look at a ‘‘site fee’’ for access to the babies. would go and look at the patient charts. this chart. We see a woman walking Then the wholesaler donates the fetal Then we would go and look at the pa- into an abortion clinic. She is obvi- body parts to the buyer, and then the ously pregnant. She is in distress. She tient charts. buyer reimburses the wholesaler for Kind of like going out and looking at is emotional. She is mixed up. ‘‘What the government retrieving the fetal a steer on the hoof, isn’t it? do I do? I don’t want this child. I am in body parts. a mess.’’ Let me tell you what happens That is a bunch of gobbledygook that We had to screen out anyone who had . . . fetal anomalies. These had to be the most when she comes in there. means nothing but one thing—the sale perfect specimens we could give these re- In a room adjacent to where the of little babies chopped into pieces. searchers for the best value that we could abortion is to be performed usually, or This whole process is being thought sell for. Probably only 10 percent of fetuses someplace on the premises, is a person out and carefully calculated while this were ruled out for anomalies. The rest were called the wholesaler or the harvester woman is sitting there in the clinic. healthy donors. of the child’s organs. This is what is Tell me the abortionists care about That is showing a lot of compassion going on in this industry. That person the welfare of a woman. Some esti- for the woman, isn’t it? or persons—represented here by two or- mates say the market for this is in the Let me talk a little bit more about ganizations, Opening Lines and Ana- $420 million range. Some say it is as what other things happen in this clinic. tomic Gift Foundation—sit there. They high as $1 billion. The abortionists are having problems. have a work order in their hands. I know it is difficult for those in the It is not fun to be an abortionist any- Bear in mind the brutality and the galleries to see it, but on television more. The pro-life advertising and, gruesomeness of this. Here is this you will be able to see. This is a price frankly, the wake-up call to doctors woman obviously pregnant, obviously list for body parts. I want you to un- and physicians have shown that abor- in distress, sitting there. I don’t know derstand what is happening here. This tions are declining in this country. whether they have a one-way mirror or clinic, where this young woman in This $300 to $1,000 they are going to a one-way glass or what. Perhaps they trouble goes in an agonizing, gut- charge that woman who walks in is not just come in, cruise in, take a good wrenching decision as to whether to enough. They cannot live on that any- look at her to see if she is healthy. But have an abortion or not, has a price list more. They have to make money from they have a work order. They have al- they are going to provide to the mar- the fetus, from the aborted child. ready done this. They did prep it up. keter for her baby’s body parts even be- What happens? Here is what the abor- You now find out this woman has a fore she gets there. tionists are saying, their own observa- normal fetus; she is not sick; the baby In addition, they have a work order tions: is fine. That is what they find out. prepared on her as to what it is that is Abortion has failed to escape its back-alley While she is still pregnant with a liv- her background, what parts we can pro- associations . . . [It is the] dark side of medi- ing child, still going through the tur- vide. Then they tell us this is just fee cine . . . Even when abortion became legal, moil of an abortion decision, they have for services. If it is fee for services, it was still considered dirty. a work order on her blood type, on how why is it $600 for an intact cadaver and And on and on. pregnant she is, what body parts they $325 for a spinal cord? I am not a doc- One abortionist said: want. I am going to prove all that to tor, but I assume it takes a lot more [Abortion is] a nasty, dirty, yukky thing you in a moment. That is the brutality time to extract a spinal cord from a 2- and I always come home angry. of it. Then they make some kind of or 3-pound baby than it does to put a Organized medicine has been sympathetic deal. They say it is fee for service, but cadaver in a box and mail it some- to abortion—not abortionists. it is selling body parts—I will go into where. What had to happen is they had to that for a moment—the buyer or buy- We have a brochure. I will read di- come up with another way to make ers, universities, government agencies, rectly from the brochure. The brochure money, and they just did: selling body pharmaceutical companies, NIH, pri- is the Opening Lines. Those are the parts. vate researchers. This is against the sellers. Here is what the brochure says: Warren Hern is the author of the law, and I read the law last night. We have simplified the process for pro- most widely used textbook on abortion There are four illegal and immoral curing fetal tissue. We do not require a copy procedures. Dr. Hern says: things that happen with this issue. of your approval of summary or of your re- A number of practitioners attempt to en- The first is, the current law prohibits search, and you are not required to cite sure live fetuses after late abortions so that receiving any valuable consideration Opening Lines as the source of tissue when genetic tests can be conducted on them. for the tissue of aborted children, but you publish your work. Hello? Are you listening? Live it is happening. I guess not; it is against the law. fetuses should be ensured. It is Dr. Second, live births are occurring at If you like our service, you will tell your Hern’s position that ‘‘practitioners do these clinics. Live births are occurring colleagues, word of mouth. We are very this without offering a woman the op- at these clinics. It is the law of every pleased to provide you with our services. Our tion of fetal demise before abortion in State, when a live birth occurs, to save goal is to offer you and your staff the high- a morally unacceptable manner since the life of that child if possible. But est quality, most affordable, and freshest tis- they place research before the good of sue prepared to your specifications and de- this is not happening either. Our tax livered in the quantities you need when you their patients. dollars are being used to fund Planned need it. We are professionally staffed and di- That is a dirty little secret you are Parenthood and NIH. On the one hand, rected. We have over 10 years experience in not hearing about. if you are pro-life, you are funding tissue harvesting and preservation. Our full- In talking about live births, I said Planned Parenthood with your tax dol- time medical director is active in all phases, last night on the Senate floor, I have lars, and on the other hand you are and we look forward to serving you. worked this issue for 15 years. I have funding the research on aborted chil- That is what is given to the whole- witnessed the birth of my three chil- dren. saler while this poor woman sits there dren. It was the most beautiful thing I We will go down and finish this deciding whether or not to have an will ever experience. But this brief chart. Let’s go through the steps. The abortion. It is a great country, isn’t it? paragraph I am going to read you now buyer orders the fetal body parts from Let me explain to you how this all is the worst that I have encountered in the wholesaler; that is, the buyer, the works directly from the horse’s mouth. my lifetime of working on this issue. university, and so forth. The clinic pro- I am going to quote from a woman we How anybody can sit anywhere watch- vides the space for the wholesaler to will call Kelly. She was a wholesaler. ing and hearing what I am going to say procure the body parts. The wholesaler She was a buyer. She said: to you now and say it is all right to faxes an order to the clinic while the We were never employees of the abortion allow this to continue in this country baby is still alive inside the mother. clinic. We would have a contract with an is beyond me. But it happens, and it is

VerDate 12-OCT-99 01:49 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.042 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S12969 going to happen tomorrow and the next admitted that live births occur at her 1,000 people 4 or 5 years ago. She said: day and the day after that until we hospital, live births from abortions. I forgive my mother. She made a mis- stop it. The hospital staff offers comfort care take, and I forgive her. But please, help Listen to this from a woman who which amounts to holding the child other mothers get through this so what witnessed this: until it dies. There is testimony after happened to me doesn’t have to happen The doctor walked into the lab and set a testimony of it, live birth after live to somebody else. steel pan on the table. ‘‘Got you some good birth. I am not going to go through it Change your votes, colleagues—four specimens,’’ he said. ‘‘Twins.’’ The techni- all. It is pretty bad. of you. Let’s once—just one time—let’s cian looked down at a pair of perfectly One little quote here: beat President Clinton on something. formed 24-week-old fetuses, moving and He has gotten away with everything— gasping for air. Except for a few nicks from ‘‘Once a fetus is born, it’s no longer a fetus, the surgical tongs that had pulled them it’s a child,’’ said George Annas, a professor everything. He always wins. We never out— of health law at the Boston University win against him. Just one time, let’s School of Public Health. ‘‘And you have to That, my colleagues, could very well override his veto. treat it that way.’’ This guy says: be a partial-birth abortion— Aborting a viable fetus is against the law I find late abortions pretty heavy weather they seemed uninjured. The technician— in most States unless the mother’s life or both for myself and for my patients. health is in danger. ‘‘If you’re not sure, you The technician is the buyer of the I guess it is heavy weather; it is real body parts— can’t do it,’’ Annas said. Nurses at Christ Hospital give ‘‘comfort heavy weather. said, ‘‘Wait a minute, there is something care’’ to the aborted fetuses. I want to go back to these charts. wrong here. They are moving. I don’t do this. ‘‘Their skin is so thin you can see the This is an emotional experience. Any- That’s not in my contract.’’ heart beating through their chest,’’ said She watched the doctor take a bottle of body who can’t be passionate on this nurse Jill Stanek. ‘‘It’s not like they kick a issue when we are talking about the sterile water and fill the pan until the water lot and fight for air. They’re weak.’’ ran up over the babies’ mouths and noses. lives of children—and all we need is Then she left the room. ‘‘I couldn’t watch This is going on in this industry four or five votes on the floor of this those fetuses moving, she recalls. That’s every day. As I speak, children are Senate to stop this killing; that is all when I decided it was wrong.’’ dying. And we can stop it right here we need. If that is not murder, can somebody with four of you changing your votes. Look here. These are the charts. please tell me what it is? What is it? What is the big deal? You are going to What does it say? NIH, that is where Do you realize what we are doing in lose a couple of votes from the abortion this stuff is going. It is illegal, but it is this country? We are aborting and mur- industry? Hey, those votes are worth going there anyway; and we are paying dering our posterity. the sacrifice for these children. for it. Here is a headline from a transcript The ‘‘dreaded complication’’—that is Do you know what it says here? Ten from a TV station in Columbus, OH, what they call it. The ‘‘dreaded com- minutes from the fetal cadaver, within April 20, 1999: plication’’—oh, my God, we have a live 10 minutes they want it on ice. Nobody Partial-birth Abortion Baby Survives 3 child. What are we going to do? could get a cadaver on ice in 10 min- Hours. I tell you what they do. They drown utes—unless it is a live birth or a par- A woman 5 months pregnant comes to them in pans. They leave them in linen tial birth. And I will prove it to you. Women’s Medical Center in Dayton, Ohio, to closets, gasping for air hours at a time, One method of killing children is sa- get a partial-birth abortion. During the 3 and sometimes, if there is somebody line. That has to go into the amniotic days it takes to have the procedure, she with some compassion in the place, sack and poison the baby. Another one began to have stomach pains and was rushed they will hold them in their arms until to a nearby hospital. Within minutes, she is D&E, where you chop the child to was giving birth. they die. pieces with an instrument in the womb Nurse Shelly Lowe in an emergency room This is America—the ‘‘dreaded com- so it comes out in so many pieces the at the hospital was shocked when the baby plication.’’ nurse has to assemble them all in a took a gasp of air. [Lowe said] ‘‘I just held You know what some of the abortion- towel to be sure all the pieces are there her and it really got to me that anybody ists say? so there is nothing left inside the could do that to a baby . . . I rocked her and Reporting abortion live births is like turn- talked to her because I felt that no one woman. The third method is one here ing yourself in to the IRS for an audit. What called digoxin, DIG, where the needle should die alone.’’ The little girl survived 3 is the gain? hours. goes into the heart of the baby and dis- Mark Lally, Director of Ohio Right to Life You know: Sure. Hey, we had a live solves the organs. That is a nice way to believes this is why partial-birth abortions birth here. My goodness, that is embar- die. should be banned. rassing. Let me ask you a question. Those of We have a chance to do it right now, Now we have come to this; not only you, those three or four of you that I today, ban it, stop it, and we are not do we have a live birth, if we let it die, pray to God will get on this vote, let going to do it because we are going to we can sell its body parts, and we can me ask you a question: If you are buy- fail to get three or four people to say make a fortune that we could not make ing body parts, and you need one of enough is enough. How much more can off the woman because she could not those body parts to do research can we take? afford to pay me. That is what we are you take a body part that has been Abortion isn’t something that just doing. hacked to pieces in the D&E method? happens early in pregnancy. It happens I am going to expose this filthy, dis- No. You know it. in all stages of pregnancy. And it is gusting fraud as many times and as Can you take a body part from some legal under Roe v. Wade. Some States often as I can. I am going to get the baby who has been poisoned with saline have banned them. Give them credit sunshine into this industry. I am going or had their tissues dissolved from dig- for that. to get to the bottom of it; and I am oxin? No. But we have the chance right here. A going to stop it, if it is the last thing There are only two methods left: par- vote means something for a change I do. And it may be, but I am going to tial birth and live birth. That is where around here. This isn’t about a budget. do it. they are getting the tissue. Wake up, It is not about how much taxes you are You have to have a feticidal dose of saline America. That is where they are get- going to pay. It is not about whether solution. It is almost a breach of contract ting the tissue. And here is the proof you are going to get your Social Secu- not to. Otherwise what are you going to do? right here. Here is the work order: rity check. It is about life. It is about Hand her back a baby that’s been aborted ‘‘Please send list of current frozen tis- whether or not a baby is going to die and has questionable damage? sues.’’ ‘‘No digoxin donors.’’ They are tomorrow and another one and another Another one says: telling them: Give us a live birth. Give one. We can stop it with three or four If a baby is rejected in abortion and lives, us a partial birth. We don’t want any votes, if three or four people have the then it’s a person under the Constitution. babies like this. We can’t use their or- courage to say enough is enough. I witnessed it. Gianna Jessen was gans. My God, Jill Stanek, the nurse at aborted. She is now 26, 27 years old. I This is happening in America, and I Chicago’s Christ Hospital, has openly saw her sing ‘‘Amazing Grace’’ before am sick of it. And I am sick of losing

VerDate 12-OCT-99 01:10 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.045 pfrm01 PsN: S21PT1 S12970 CONGRESSIONAL RECORD — SENATE October 21, 1999 every year. ‘‘Prefer no DIG.’’ Over and Here is some proof for you. The name or six Republicans who refuse to sup- over again, the requests would mention is changed to protect the innocent. port the ban on partial-birth abortions. the tissue must be fresh. It is over and On July 1, 1993, Christy underwent an I have asked privately, please change over again. You see it everywhere. abortion by—fictitious name—John your vote, please change your vote and Here is another one: Remove speci- Roe. After the procedure, Roe looked save lives. Two times we voted on this men and prepare within 15 minutes, 10 up to find Christy pale with bluish lips and the President vetoed it, and two minutes. and no pulse, no respiration. Christy’s times I couldn’t switch those votes. I Ladies and gentlemen, the truth is, heart had stopped. There are no records understand vote switching. I don’t like you cannot get this kind of tissue the that her vital signs were monitored it when I am asked to switch mine. But way they want it without a live birth during the procedure. Additionally, it is not about the budget and taxes or partial birth. Roe was not trained in anesthesia and and health care or anything else; it is That is a fact: Dirty little secrets, in the clinic had no anesthesia emergency about life. We are going to save lives if a dirty, disgusting industry that is equipment or staff trained to handle an four Members change their votes. profiting at the expense of women who anesthesia complication. Paramedics I make another appeal that I hope, are in a horrible situation, and then were able to restore Christy’s pulse and for once, will not fall on deaf ears: selling the body parts—the ultimate respiration, but she was left blind and Please consider changing your vote on humiliation of this poor aborted in a permanent vegetative state. this bill. Let’s pass this thing with child—and we cannot get 4 people, we Today, she requires 24-hour-a-day care over 67 votes, so President Clinton can cannot get 67 votes on the floor of the and is fed through a tube in her abdo- have his little veto ceremony and we Senate to override this President. men. She is not expected to recover will override it. That is the day I am What would Daniel Webster, at whose and is being cared for by her family. looking forward to in America. And desk I sit, say? What would our found- Christy had an abortion on her 18th then, whether it is on this bill or some ers say? What would Jefferson say, who birthday. Happy birthday, Christy. separate bill, we are going to shine the said life first, liberty, and the pursuit Any hospital in America would have light into these abortion clinics. We of happiness? I could go on and on. had licensed anesthesiologists who are going to find out what is going on, I am going to stop because I am men- were capable of stopping that from and the American people will know. tally exhausted, to be candid about it. happening. But it didn’t happen. For So be prepared. If you have any docu- There is sexual abuse of these women. those of you who say, well, I guess she ments to hide, you had better hide They are lying there on the table, and must have, she could have signed that them. We are coming after you. I have people are making mocking remarks card—really? In a vegetative state, you had enough of it. Live births and par- about their genitalia. I could go on and think she signed the permission slip? tial births, killing children coming on with stories about it. It is dis- I have her permission slip here. It into the world, drowning babies in a gusting. was signed on June 29, 1993. Does any- pan—I have had enough of it. You can I am going to shine the light into body think she signed that in a vegeta- defend it, if you want to, and go ahead this industry, and I am going to expose tive state? She was brought in there, and vote to defend it. Not me. I am it. I am going to stop it. If I have to do and she was told—the language was coming after you. it myself, I am going to stop it. If it is pretty gruesome in there—what we can I yield the floor. not an amendment, it will be a bill; The PRESIDING OFFICER. The Sen- do with your baby after you are fin- whatever it takes, it is going to pro- ator from Oregon. ished with the abortion. She signed it. vide for full disclosure. It is going to Not only that, she said: I understand I f put the light into those clinics, and we are going to find out about this stuff. will receive no compensation for con- PRESCRIPTION DRUG COVERAGE We are going to stop it. senting to this study. Study? It is a UNDER MEDICARE Everything else is regulated in this study? It is chopping the baby up into Mr. WYDEN. I thank the Senator country. You can’t do anything with- God knows how many parts and send- from New Hampshire for yielding the out the Government being on your ing it off to some research laboratory. floor. I know he waited a long time back. Then let’s put the Government She doesn’t get a dime out of it, and yesterday to speak, and I have waited on the backs of the abortion industry, they make probably $5,000, when added as well. I thank the Senator for his for crying out loud: Any entity that re- all up. That is what is happening. courtesy. ceives human fetal tissue obtained as a I say bring a little sunshine in. I have I take the opportunity for a few min- result of an induced abortion shall file two options on this proposal—one, to utes this afternoon to talk about an with the Secretary of HHS a disclosure offer an amendment to this bill. I want issue of enormous importance to mil- statement. Let’s find out who is buy- to be honest about it. I don’t want to lions of older people and their families. ing, who is selling, and what is hap- do anything at this point to stop this Specifically, it is the question of in- pening. bill from passing, nothing, not even cluding prescription drug coverage Oftentimes in these clinics, a young this amendment, if that is what it under Medicare for the Nation’s older woman comes in; she is pregnant and takes. So it will either be an amend- people. needs an abortion. She is presented ment, if we gain votes; if we can’t gain There is one, just one, bipartisan bill with a form, which she is asked to sign, and we lose votes as a result of it, I before the Senate to offer this vital that says that her baby can be chopped will prepare a bill. But I will not stop coverage to the Nation’s elderly. I have up and sold. on this issue. I will not stop until the teamed up on this bill with Senator We get two stories out of the abor- light shines in on this disgusting indus- OLYMPIA SNOWE of Maine because the tion industry. They say: Now, look, try. two of us believe it is critical that the this woman is in a distraught emo- It is amazing. We go after the to- Congress address this issue now and ad- tional state. We are here for her health bacco people. What bad guys they are. dress it on a bipartisan basis. So Sen- and safety and her good emotional Somebody smokes a cigarette, and ator SNOWE and I, in an effort to get state. We are not going to put this somehow everybody else is to blame this issue out of the beltway, beyond form in front of her. We will do it after but the guy who smokes it. So we go Washington, DC, as you can see in the she has the abortion. after the tobacco company, fine them poster next to me, are urging that sen- I hate to give my colleagues the bad billions. This is a heck of a lot worse iors send in copies of their prescription news, those of you who support this than that. If they can go after the to- drug bills. Just as this poster says, god-awful procedure, but they want the bacco companies, then we can go after send copies of their prescription drug baby within 10 minutes. So unless they these guys. That is exactly what I am bills to their Senator, U.S. Senate, are going to wake her up out of what- going to do. Be prepared out there be- Washington, DC 20510. ever state she happens to be in, they cause I am coming. I am not going to What we are going to do, in an effort don’t have time to do that then. They stop until the light shines in on this. to get bipartisan support for our legis- do it before. That is what they do. I will close with one final plea. Sev- lation, is come to the floor every few They are going to tell you they don’t, eral times on my side of the aisle I days—this is the fourth time I have but they do. have made a personal appeal to the five come to the floor of the Senate—and

VerDate 12-OCT-99 01:59 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.047 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S12971 read directly from letters we are re- when he was in the House and was in- the partisanship for a little while and ceiving from the Nation’s elderly peo- volved with Social Security, so he is fa- work together in an effort to get the ple. Here is one I just received yester- miliar with this. We know the most im- vulnerable seniors across this country day from an elderly person in Central portant drugs that would be covered the coverage they need, we will have a Point, OR. She wrote: under the Snowe-Wyden legislation are truly lasting legacy from this session Dear Senator WYDEN, I write to ask for preventive drugs. They help to deal of the Senate. your support for Medicare coverage of pre- with blood pressure problems and cho- I was codirector of the Gray Pan- scription medicine. In my case such coverage lesterol problems. They keep people thers, a great senior citizens group, for is a financial necessity. I suffer from rheu- healthy and well, and they keep them about 7 years before I was elected to matoid arthritis. My physician recommends fit. That helps hold down the cost for the Congress. Some of my most joyous that I use medicine to combat it. The only what is called Medicare Part A, the memories are working with older peo- problem I have is that the dosage I require would require an annual outlay in excess of acute care portion of Medicare that ple back then. We talked about how $1,000 a month. I desperately wish I could covers hospitals and institutional serv- important it was to cover prescrip- have the relief Enbrel could give me. Please ices. Under the Snowe-Wyden ap- tions. champion coverage. proach, we contain costs without shift- Well, what has happened with the Another letter I received from my ing them onto the backs of somebody evolution of the pharmaceutical sector home community, from an elderly else. over those 20 years is, prescription widow, states that her Social Security One of the things that concerns me, drugs have become even more impor- is $1,179 a month. Each month, from there is a well-meaning bill that has tant since those days when I was co- that $1,179 check, she spends $179 on been introduced that suggests we ought director of the Gray Panthers; the the medicine Fosamax, $209 a month on to have Medicare buy up all the drugs drugs are even more important now be- Prilosec, $112 on Lescol; that is $500 a and act as a buyer for everybody. The cause they do so much to promote month, each month, for her prescrip- problem with that approach is that it wellness. We needed them before be- tion medicine from her monthly Social will result in tremendous cost-shifting cause you do need medications for so Security check, which is the only in- onto the backs of other Americans who many who are acutely ill. But today, come she has. Almost half of her in- are having difficulty paying for their this could result in keeping people come goes to pay for her prescription prescription drug bills. I don’t want to healthy and save Medicare, particu- drug bills. see a 27-year-old divorced African larly the institutional part of the pro- Here is a letter I have just received American woman with two kids, who is gram, Part A, that it could save Medi- from King City, OR. The writer says: working hard, playing by the rules and care Part A money and we could do it doing everything she can to get ahead, I am a constant user of Lovenox inhaler. through marketplace forces. Two uses per day come to $839. Fortunately, have to see a big increase in her pre- Snowe-Wyden doesn’t go out and set I drove a Chevrolet when my friends were scription drug bill because the costs up a price control regime. We give sen- driving Cadillacs, and our family vacation are shifted onto her when somebody ior citizens the kind of bargaining was spent in the U.S. not the South Seas, so doesn’t think about the implications of power a health maintenance organiza- I may be able to carry the load at least for trying to do this through approaches tion would have through the market- a while. My annual cost for this one medi- that don’t involve marketplace forces. place. Seniors would get to choose the cine is $30,600, just about what it would equal So these are letters I am receiving various kinds of coverages that are to stay in a nursing home. from seniors across the country. Here available to Members of Congress, such These are just a few of the bills that is another one from Myrtle Creek, OR. as the President of the Senate and my- are coming into my office, coming into This is a senior citizen who has to take self. It would not be bureaucratic. We Senator SNOWE’s office, and our col- a variety of medicines, including know our health care doesn’t create a leagues’ here in the Senate as a result Albuterol, Dulcolax, and other drugs. whole lot of new redtape and bureauc- of the concern among the Nation’s sen- She writes me that she spent $370 re- racy. We know it works. So that is ior citizens that this issue be ad- cently on prescription drugs from a So- what Senator SNOWE and I are trying dressed. I hope we will see that more cial Security check of $1,152. She went to do. senior citizens follow just as we say in to a small drugstore in Myrtle Creek, This is the fourth time I have come this poster: ‘‘Send in your prescription OR—a terrific small community—and to the floor of the Senate to urge sen- drug bills.’’ spent $370 from a Social Security check iors, as this poster says, to send in The Snowe-Wyden legislation is bi- of $1,152 on her medicines. their prescription drug bills. I intend partisan. It uses market forces to hold I think a lot of these seniors are ask- now to come back to the floor of this down the cost of medicine. That is the ing themselves, what is it that the Sen- Senate every few days until this ses- biggest problem, holding down the ate is so busy doing that it cannot sion ends and read, as I have, directly enormous cost of these medicines. work in a bipartisan way to be respon- from copies of these prescription drug More than 20 percent of the Nation’s sive to older people and families on bills I am receiving. senior citizens spend over $1,000 a year this issue? I am very hopeful that if I know that so many Senators care out of pocket on their prescription seniors just read what it says in this about the needs of the elderly. I see medicine, and the bipartisan Snowe- poster: ‘‘Send in your prescription drug Senator CHAFEE, who has long been an Wyden bill would use a market-ori- bills’’ to Senators—Senator SNOWE and expert in health and a member of the ented approach to address this issue. It I are particularly interested in hearing Finance Committee; our friend, Sen- is modeled on the Federal Employee from older people because we want to ator MIKULSKI, who has championed Health Benefit Plan. Our view is, if do this in a bipartisan way. A lot of the Older Americans Act issue so pas- health care is good enough for Mem- people think the prescription drug sionately for so many years in the Ap- bers of Congress, we certainly ought to issue is just going to be fodder for the propriations Committee. look at using that kind of approach for campaign in the year 2000 and in the When we have these colleagues who the Nation’s seniors. We call it the fall of 2000 we will just have the Demo- have expertise in these issues and we SPICE bill, the Senior Prescription In- crats and Republicans slugging it out know how acute the need is and we surance Coverage Equity Act, because on the issue. The last time I looked, it know we can do it in a bipartisan way, we would cover all of the Nation’s older was more than a year until that elec- as Senator SNOWE and I have been try- people eligible for Medicare. It is abso- tion comes up. ing to do, it would be a tragedy for the lutely key that we do this now. I don’t want to see seniors such as Senate to pass on this issue and say: When people ask, ‘‘Can we afford to the ones I am hearing from in Myrtle Well, let’s just put it off until after the cover prescription drugs under Medi- Creek and King City, and all over the year 2000. care?’’ my response is: ‘‘We cannot af- Willamette Valley in my home State— We have consulted with senior ford not to cover prescriptions any I don’t want to see them suffer. I know groups. We have consulted with the in- longer.’’ The reason for that—and I the Chair doesn’t want to see people surance industry. We have consulted know my colleague currently in the suffer in Kentucky. Other colleagues with those in the pharmaceutical sec- Chair was involved in aging issues feel the same way. If we can put down tor. All of them have told us that our

VerDate 12-OCT-99 01:53 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.050 pfrm01 PsN: S21PT1 S12972 CONGRESSIONAL RECORD — SENATE October 21, 1999 bill, while perhaps not their first The motion to lay on the table was Eighth Circuit decision from both op- choice for how to ensure that seniors agreed to. ponents and supporters of the Sen- get their coverage, will work. It will The PRESIDING OFFICER. Under ator’s legislation. The Eighth Circuit get seniors the help they need, and it the previous order, the underlying says, referencing the Nebraska statute, will be something that we can do and amendment, as amended, is agreed to. which is the concern I have, that it did do now—not after the 2000 election, not The amendment (No. 2320), as amend- create an undue burden because, in after some other period of campaign ed, was agreed to. many instances, it would ban the most activity, but it is something we can do Mrs. HUTCHISON. Mr. President, I common procedure of second-trimester now. voted against the Harkin amendment abortions, and that is the D&E. You The Nation’s seniors and our families because I disagree with the findings are saying you are drawing it more can see as a result of my reading from stated in the resolution and because it narrowly so it does not. these bills and what I am receiving is not relevant to the underlying bill. Mr. SANTORUM. That is correct. from Oregon that I am very serious However, I would not vote to repeal Mr. KERREY. Here is the language, I about their input. I hope that seniors Roe v. Wade, as it stands today, which say to the Senator from Pennsylvania, and their families, as this poster says, has left room for States to make rea- that the court found objectionable, and will send in their prescription drug bill sonable restrictions on late-term abor- it sounds awfully similar to your to their Senator. I hope they will be for tions. amended version. I want to give you an the bipartisan Snowe-Wyden bill. The PRESIDING OFFICER. The Sen- opportunity to talk to me about it. It Frankly, I am much more interested in ator from Pennsylvania. says: hearing from them about the need for Mr. SANTORUM. Mr. President, I am . . . deliberately and intentionally deliv- Congress to act. We can act. We can do about to send an amendment to the ering into the vagina a living unborn child, or a substantial portion thereof, for the pur- it. desk. The purpose of the amendment is a modification of the language that de- pose of performing a procedure that the per- I yield the floor. son performing such procedure knows will f fines what a partial-birth abortion is in kill the unborn child and does kill the un- S. 1692. born child. PARTIAL-BIRTH ABORTION BAN The reason for the modification is in ACT OF 1999—Continued Mr. SANTORUM. That is similar to direct response to the Eighth Circuit the language that is in the bill right The PRESIDING OFFICER (Mr. decision where the court asserted the now. But the amended language further VOINOVICH). Under the previous procedure defined—it was a similar def- specifies the fetus is partially outside order, the question is on agreeing to inition to the one here—was unconsti- the body of the mother. The court was amendment No. 2321. On this question, tutionally vague; that it could have in- concerned about a D&E performed in the yeas and nays have been ordered, cluded other forms of abortion and, utero, but the baby during this proce- and the clerk will call the roll. thereby, was an undue burden because dure could be partially delivered into The legislative clerk called the roll. it would have eliminated other forms Mr. NICKLES. I announce that the the birth canal and that occasionally of abortion and would have, by doing an arm or leg or something might be Senator from Arizona (Mr. MCCAIN) so, restricted a woman’s right unduly, and the Senator from New Hampshire delivered, and that was the confusing according to the court. part for the court. (Mr. GREGG) are necessarily absent. I am not going to take issue with the This is clear that the living baby has The result was announced—yeas 51, court whether they are right or wrong. nays 47, as follows: to be outside of the mother before the I do not believe they are right, but in act of killing the baby occurs; that the [Rollcall Vote No. 337 Leg.] response to that, I am going to be of- act of killing the baby is not occurring YEAS—51 fering an amendment that makes it in utero, but occurring when the baby Akaka Edwards Lieberman very clear we are not talking about is outside the mother. I think it pretty Baucus Feingold Lincoln any other form of abortion; that we are Bayh Feinstein Mikulski well carves out any other form of abor- Biden Graham Moynihan talking about just the abortion proce- tion. Bingaman Harkin Murray dure that has been described over and Mr. KERREY. May I ask him one Boxer Hollings Reed over about a baby being delivered out- more question? Bryan Inouye Robb side of the mother, all but the head, Byrd Jeffords Rockefeller Mr. SANTORUM. Yes, ask as many Campbell Johnson Sarbanes and then killed; not a baby that is as you like. Chafee Kennedy Schumer being killed in utero and a part of the Mr. KERREY. I will get you the com- Cleland Kerrey Snowe baby’s body may be in the birth canal. parative language. Again, I will not Collins Kerry Specter Conrad Kohl Stevens That is what the court said they were give the precise Eighth Circuit com- Daschle Landrieu Torricelli concerned about. pared to yours. You have been on this Dodd Lautenberg Warner Mr. KERREY. Will the Senator yield a lot longer than I have, and I know Dorgan Leahy Wellstone for a question? Durbin Levin Wyden the Senator from California has as Mr. SANTORUM. Yes. well. Perhaps between the two of you, NAYS—47 Mr. KERREY. I think I have the lan- you can clarify if this change meets Abraham Fitzgerald McConnell guage that— the Eighth Circuit’s test. Allard Frist Murkowski Mr. SANTORUM. We made a slight Ashcroft Gorton Nickles I understand that this is one circuit, Bennett Gramm Reid modification. and you may get—I have voted against Bond Grams Roberts Mr. KERREY. The language you gave other circuits before when they have Breaux Grassley Roth me earlier said: had decisions, so there is certainly Brownback Hagel Santorum As used in this section, the term ‘‘partial- Bunning Hatch Sessions precedent for me ignoring what a court Burns Helms Shelby birth abortion’’ means an abortion in which says. Cochran Hutchinson Smith (NH) the person performing the abortion delib- But in the earlier discussion we had, Coverdell Hutchison Smith (OR) erately and intentionally delivers through I expressed one of the concerns I have. Craig Inhofe Thomas the vagina some portion of an intact living Crapo Kyl Thompson fetus until the fetus is partially outside the And since we talked earlier, I have DeWine Lott Thurmond body of the mother for the purpose of per- talked to an OB/GYN from Omaha who Domenici Lugar Voinovich forming an overt act that the person knows does not, in a normal practice, conduct Enzi Mack will kill the fetus while the fetus is partially abortions. What she does is work with NOT VOTING—2 outside— women who are pregnant and helps Gregg McCain Any changes? them through their delivery. She is ex- The amendment (No. 2321) was agreed Mr. SANTORUM. The only change is pressing a concern that if she is work- to. in the first few words. ing with a woman who is having some Mrs. BOXER. Mr. President, I move Mr. KERREY. I ask the Senator to difficulty, because of the penalties that to reconsider the vote. respond to me. We had a colloquy ear- are in here, she finds herself saying: Mr. SANTORUM. I move to lay that lier. I have the Eighth Circuit decision. Am I going to be able to do something motion on the table. Earlier all I had was opinions on the that I ordinarily might have done?

VerDate 12-OCT-99 02:46 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.053 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S12973 In other words, you said to me ear- a man, I have difficulty trying to fig- Circuit said could include other proce- lier, when I talked about this, that this ure all this out; but secondly, as a non- dures. is for people who intentionally make a physician, I have a difficult time fig- As I described to the Senator from decision to go in and get an abortion as uring it out. She starts talking to me Nebraska, the most common form of opposed to somebody, as this doctor de- and says: Understand, the cervical ar- late-trimester abortion is a D&E in scribed to me, who is not going in for teries are at 3 and 9 o’clock. which the baby is killed in utero. Dur- an abortion. I think it is a very impor- What you are dealing with here is a ing that procedure, occasionally, I am tant point because the universe con- situation where you can produce dam- told, a part of the body may enter into sists of people who get abortions but do age. You have to be careful not to. In the birth canal. And the concern of the not want one; they were intending to other words, she is saying to me: Un- court, of other courts—not just the deliver, and the doctor, for medical derstand that delivery itself is a life- Eighth Circuit but other courts—is reasons, makes this decision, but the threatening process—as the Senator that the definition we have in place woman may prefer that that not have from Pennsylvania knows all too well. right now—and the definition states as happened. The doctor is making the de- Delivery itself is a life-threatening follows: ‘‘means an abortion in which cision based upon life and health con- process to the mother, and decisions the person performing the abortion siderations. And you said to me it has are being made by the physician as to partially vaginally delivers a living to be the intent. Where in the bill does what to do and what not to do. And she fetus before killing the fetus and com- it say that? is very concerned that this will make pleting the delivery.’’ According to the Mr. SANTORUM. Yes. Do you have it difficult for her to continue her prac- court, it is unclear that we are talking the bill in front of you? Page 3, lines 9 tice. about a baby outside the mother. and 10: As I said, I faxed it to her. And I look Of course, from the charts we have As used in this section, [the] term forward to further colloquies with the shown here, we described partial birth ‘‘vaginally delivers a living fetus before kill- Senator. as the baby being outside of the mother ing the fetus’’ means deliberately and inten- Mr. SANTORUM. I appreciate that. I tionally delivers into the vagina a living and then killed. We do not say that in fetus, or a substantial portion thereof, for state for the record this is part of the this underlying bill. So the courts have the purpose of performing a procedure the legislative history. Obviously, if there said: Well, it can mean partially deliv- physician knows will kill the fetus, and is some language that makes you more ered; it could be a body part in the [then] kills the fetus. comfortable, that we need to be more birth canal. That could be seen as par- So it is—— clear here, it is certainly clearly the tially delivered; therefore, overly Mr. KERREY. It seems to me that legislative intent not to include situa- broad. can still easily cover a doctor making tions where the baby is in the process Again, I think that is, frankly, a decision with a woman who does not of being born and the process of a nat- stretching it to the extremes. But be- want an abortion, but the abortion is ural childbirth and a complication cause of the other sections—again, to selected by the doctor as a consequence arises which forces the doctor to do address the issue of vagueness—we of some complications occurring. things that result in the death of the have come up with an alternative defi- What this doctor said to me was—— child. That is clearly outside the scope nition. It is as follows: Mr. SANTORUM. If you have some of this. It certainly is our intent for it As used in this section, the term ‘‘partial- language that could clarify—but if you to be outside the scope. We think the birth abortion’’ means an abortion in which read the definition, it says: language here is clear that it is. the person performing the abortion delib- . . . means deliberately and intentionally But, again, I would be willing to erately and intentionally— delivers into the vagina a living fetus, or a work with the Senator from Nebraska (A) vaginally delivers some portion of an substantial portion thereof, for the purpose to make sure he is comfortable that intact living fetus— of performing a procedure the physician that is clearly outside the scope of I underline ‘‘intact living fetus.’’ knows will kill the fetus. . .. this. Again, with a D&E, the baby is killed That is, if you deliver for the purpose Mr. KERREY. I appreciate that. I in utero and is not intact or living at of killing the fetus, as this says, as op- said earlier, when we had our colloquy, the time it is coming through the birth posed to delivering for the purpose of that I am comfortable in my position canal, and certainly not intact or liv- delivering a live baby where that may in saying I believe a woman or doctor, ing if it is outside the mother. go awry and something may happen, physician, should—and her spiritual Again: and that would require the killing of a counselor—be making this decision. I fetus. And that is not covered. I think . . . vaginally delivers some portion of an consider myself to be a pro-choice indi- intact living fetus until the fetus is partially it is pretty clear that is not covered. outside of the mother,— If you have some language that vidual as a consequence of that. I supported Medicaid funding because would make you more comfortable ‘‘Intact living . . . outside of the I think it is hypocritical of me not to with that, it is certainly not our inten- mother’’— if I am going to let people who have the tion—let me make it very clear—to for the purpose of performing an overt act means get a legal procedure. But this cover any case where you have a birth that the person knows will kill the fetus procedure troubles me. I have voted where a complication arises and some- while the fetus is partially outside the body against you on a number of occasions. of the mother; and thing has to be done. (B) performs the overt act that kills the Mr. KERREY. I appreciate that. I And I have promised people in Ne- braska I would keep an open mind. I fetus while the intact living fetus is par- will give that some consideration. tially outside the body of the mother. I say that I have had a very inter- listened, especially last evening, to esting conversation—both the earlier your arguments. And I am willing to So this makes it crystal clear that one and subsequent one with this OB- keep an open mind on this. what we are talking about here is just GYN physician in Omaha—because, Mr. SANTORUM. I thank the Senator this specific procedure, just a partial- again, she is not an abortion doctor. from Nebraska. birth abortion, not a D&E, not any That is not her practice. Mr. President, I am going to be send- other kind of abortion that occurs in Mr. SANTORUM. Right. ing an amendment to the desk, which utero. This is an abortion where the Mr. KERREY. Her practice is in the Senator from Nebraska referred to killing occurs when the baby is intact, working with women who either are in our colloquy, that redefines what a outside of the mother. pregnant or want to get pregnant; and partial-birth abortion is—the defini- I do not know how there could be any that is her business. tion section of the act. vagueness attached with this clarifying Mr. SANTORUM. Has she read this Again, it is in response, as the Sen- definition. I am hopeful that in com- language? ator from Nebraska accurately pointed bination with the other concern the Mr. KERREY. I just faxed the lan- out, to the Eighth Circuit’s concern Senator from Nebraska had, which is guage to her, both the amended version about this provision in the bill as being the intent clause—it is section (b)(3) of and the original version. unconstitutionally vague. In other the bill—again, killing the fetus means Again, one of the problems that all of words, it is a provision in the bill that deliberately and intentionally deliv- us have—I have two problems: One, as defines the procedure, that the Eighth ering into the vagina a living fetus or

VerDate 12-OCT-99 02:31 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.057 pfrm01 PsN: S21PT1 S12974 CONGRESSIONAL RECORD — SENATE October 21, 1999 substantial portion thereof, for the get sworn in to be physicians. Physi- for the Eighth Circuit, which have held simi- purpose of performing a procedure the cians take their oath to do no harm. lar legislation to be unconstitutional. physician knows will kill the fetus, and Our oath is to uphold the Constitution. Sincerely, kills the fetus. You have to have intent And to uphold the Constitution, we ANN ALLEN, JD, General Counsel. to kill when you do this. You have to should be upholding the landmark deci- have the baby outside of the mother sion Roe v. Wade, which, by a very slim Mrs. BOXER. I have a second letter with the intent to kill the baby outside majority, this Senate says it upholds. on the new Santorum language from the Center for Reproductive Law and the mother, and then do it. So this so-called fix the Senator from Mrs. BOXER. Is the Senator going to Policy. It was addressed to Senator Pennsylvania will be submitting, which CHAFEE. send it up and ask unanimous consent I have no objection to his submitting, to modify? DEAR SENATOR CHAFEE: You have asked for still renders the bill unconstitutional our advice regarding the significance of new Mr. SANTORUM. My understanding because the health of the woman is not language defining partial-birth abortion in is that we want to get an overall agree- addressed. Roe says clearly, yes, the substitution for the prior language. In our ment. I will hold off until we get all—— State can get involved in the right to opinion, the changes are without legal sig- Mrs. BOXER. I would like to have a choose after viability, but you always nificance and will not correct the constitu- chance to discuss what the Senator has tional infirmities of S. 1692. Nor do they have to respect the health of the limit the prohibition’s wide-ranging ban on done, whenever it is easy for him. woman. No such exception. Mr. SANTORUM. Why don’t I sus- previability abortion procedures. pend right here if the Senator would Secondly, I only had a little time to I ask unanimous consent this letter like to make a comment. I am inter- send this new language, because we did be printed in the RECORD. ested to hear what she has to say, as not see it until literally less than an There being no objection, the letter always. hour ago, to the American College of was ordered to be printed in the The PRESIDING OFFICER. The Sen- Obstetricians and Gynecologists. I RECORD, as follows: ator from California. want to ask them if they believe this THE CENTER FOR REPRODUCTIVE Mrs. BOXER. I thank the Senator new language Senator SANTORUM is LAW AND POLICY, from Pennsylvania. going to place into his bill, in fact, October 21, 1999. I don’t know how this is all going to makes the whole issue clearer, whether Hon. JOHN H. CHAFEE, end, but my side has no problem with or not it is still vague, vaguely de- Washington, DC. the Senator from Pennsylvania chang- scribes a procedure that is used in the Re: New Santorum language (S. 1692). ing his legislation in any way he wants earlier terms, which is the second rea- DEAR SENATOR CHAFEE: You have asked for son the courts have struck it down. our advice regarding the significance of pro- to change it. We on our side are not posed new language defining ‘‘partial-birth going to object at all. He can change it The way partial-birth abortion is de- abortion,’’ in substitution for the prior lan- any way he wants to change it. scribed—and that is a political term, guage of Section 1531(b)(1). In our opinion, I will say something very important not a legal term—the courts say ap- the changes are without legal significance from our side, and that is, the change plies to all abortions, regardless of and will not correct the constitutional infir- he is submitting does nothing at all to whether they are in the first month, mities of S. 1692, the proposed ‘‘partial-birth meet the health concerns of the moth- second, third, fourth, fifth, or sixth. So abortion’’ ban. Nor do they limit the prohibi- er. He is changing a definition, and he the court struck it down. tion’s wide-ranging ban on pre-viability abortion procedures. doesn’t at all say, if a woman’s health This is what Ann Allen, general The Center for Reproductive Law and Pol- is at stake, this procedure can be used. counsel of the American College of OB/ icy (CRLP), lead counsel in 14 state cases So if the Senator is trying to meet the GYNs—those 40,000 physicians who successfully challenging ‘‘partial-birth abor- constitutional objection from the bring babies into the world and, yes, if tion’’ bans including challenges to laws in courts which have thrown out his bill things go tragically wrong, may have Iowa, Arkansas, and Nebraska struck down by the U.S. Court of Appeals for the Eighth across this country, he doesn’t do it to resort to this procedure—says: with his modification. He still doesn’t Circuit, appreciates the opportunity to com- Upon review of the attached language . . . ment on this iteration of ‘‘partial-birth’’ def- make an exception for the health of a inition. woman, and this bill remains a very in my opinion the language does not correct the constitutional defects of S 1692. In par- (1) The proposal continues to preclude any dangerous bill. It makes no exception ticular, this language does not correct the procedure at any gestational age of a preg- for health. issues addressed by many states and federal nancy. Court after court—including the Secondly, as I understand it, he still courts, including the U.S. Court of Appeals unanimous 8th Circuit—has held that such keeps the criminal penalties for the for the Eighth Circuit, which have held simi- an approach unduly burdens the right to doctors. This caused the American lar legislation to be unconstitutional. abortion. (2) The proposal purports to add a require- Medical Association to back off its sup- The Senator from Pennsylvania says ment of intentionality. Numerous statutes port for the bill. That still is a defect he is reacting to the Eighth Circuit containing similar language (‘‘deliberate’’ because, as the Senator from Nebraska Court. The doctors at the American and ‘‘intention’’) have been enjoined, includ- said, after speaking to an OB/GYN, who College of Obstetricians and Gyne- ing those in Nebraska, Iowa, New Jersey, brings life into the world, when these Rhode Island, and West Virginia, cologists, through their general coun- (3) Similarly the requirement that an dangerous situations present them- sel, say it does not cure that problem. selves to a physician, they have to ‘‘overt act’’ be performed adds nothing. I ask unanimous consent to print Every abortion procedure requires an ‘‘overt make a quick-second judgment on what act.’’ this letter in the RECORD during the de- to do to preserve life, to preserve (4) The new Santorum formulation is simi- health, to make sure the woman is not bate. lar to proposed abortion bans labeled ‘‘infan- paralyzed, deformed, made infertile, to There being no objection, the letter ticide’’ in some states. Although the rhetoric make sure the fetus isn’t injured. All was ordered to be printed in the is extreme and the images repellant, the fun- these things come into play. We don’t RECORD, as follows: damental legal prohibition remains the want to have doctors saying: Just a same—and is similarly unconstitutional. THE AMERICAN COLLEGE OF Sincerely, minute, I have to read Senator OBSTETRICIANS AND GYNECOLOGISTS, JANET BENSHOOF, SANTORUM’s law. Washington, DC, October 21, 1999. President. Hon. BARBARA BOXER, What we want is for the physicians to SANA F. SHTASEL, do what has to be done, do the right Hart Office Building, Washington, DC. Washington, DC Di- thing, according to their oath they DEAR SENATOR BOXER: Upon review of the rector. take when they become physicians. We attached language, an amendment to S. 1692, Mrs. BOXER. I thank the Chair. take an oath of office when we become the ‘‘Partial-Birth Abortion Ban Act of To sum up my feeling on this and the Senators. We are not physicians. We 1999,’’ by Senator Rick Santorum, in my feeling of those of us who actively op- opinion the language does not correct the don’t take the Hippocratic oath. When constitutional defects of S. 1692. In par- pose the Santorum bill, we have no ob- we take the oath, we swear to uphold ticular, this language does not correct the jection to the Senator amending his and defend the Constitution of the issues addressed by many states and federal bill in this fashion, but we still believe United States of America. We do not courts, including the U.S. Court of Appeals very strongly that it doesn’t meet the

VerDate 12-OCT-99 02:46 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.060 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S12975 constitutional arguments. It still (1) middle income families are particularly the great challenge and heartache of doesn’t do anything to protect the hard hit financially when their children are raising a child who has been challenged health of a woman, and it doesn’t do born with special needs; in some special way. (2) in many cases, parents are forced to So I thank the managers for the anything to remove criminal penalties stop working in order to attempt to qualify on physicians. for medicaid coverage for these children; time. I hope we will get this moving for- (3) the current system of government sup- Mr. President, I ask for the yeas and ward. We will amend the bill the way port for these children and families is woe- nays on this amendment. the Senator from Pennsylvania wants. fully inadequate; and The PRESIDING OFFICER (Mr. FITZ- I hope we can get to a vote at some (4) as a result, many families are forced to GERALD). Is there a sufficient second? point, although I know Senator SMITH choose between terminating a pregnancy or There is a sufficient second. is still talking about an amendment. financial ruin. The yeas and nays were ordered. (b) SENSE OF CONGRESS.—It is the sense of The PRESIDING OFFICER. The Sen- Senator LANDRIEU has a very impor- the Congress that the Federal Government tant amendment. I hope when we can should fully cover all expenses related to the ator from Pennsylvania. get this wrapped up, all of those things educational, medical and respite care re- Mr. SANTORUM. Mr. President, I can be done, perhaps in the next hour quirements of families with special needs thank the Senator from Louisiana for or two. children. her amendment. It gets to the heart of I suggest the absence of a quorum. Ms. LANDRIEU. Mr. President, when the concern for people with disabil- The PRESIDING OFFICER. The Justice Blackmun delivered the opin- ities. I think it reflects that we should clerk will call the roll. ion of the Court in Roe v. Wade, which open our arms to unborn children who The legislative clerk proceeded to is one of the most significant deci- are faced with disabilities and the dif- call the roll. sions—regardless of how one feels ficulties they are going to deal with. I Ms. LANDRIEU. Mr. President, I ask about this issue, it is one of the most talked about it over and over again— unanimous consent that the order for significant decisions rendered by our how the debate for this abortion tech- the quorum call be rescinded. highest court—he wrote for the Court nique to be kept legal centered upon The PRESIDING OFFICER. Without the following: disabled children who were not wanted. objection, it is so ordered. We forthwith acknowledge our awareness There may be a percentage of those AMENDMENT NO. 2323 of the sensitive and emotional nature of the cases where abortion is done because of (Purpose: To express the sense of the Con- abortion controversy, the vigorous opposing the financial concerns of parents in gress that the Federal Government should views, even among physicians, and of the dealing with a disabled child. Those are fully support the economic, educational, deep and seemingly absolute convictions real concerns and things people think and medical requirements of families with that this subject inspires. One’s philosophy, about—whether they can provide a special needs children) one’s experiences, one’s exposure to the raw quality of life under the financial con- Ms. LANDRIEU. Mr. President, I edges of human existence, one’s religious straints of a child who may need a lot training, one’s attitude toward life and fam- send an amendment to the desk. of care. The PRESIDING OFFICER. The ily, and their values and the moral standards one establishes and seeks to observe are all So to have an amendment that is a clerk will report. likely to influence and to color one’s think- sense of the Congress that we should be The legislative clerk read as follows: ing and conclusions about abortion. In addi- open to helping and supporting life and The Senator from Louisiana [Ms. tion, population growth, pollution, poverty affirming the decision of someone who LANDRIEU] proposes an amendment num- and racial overtones tend to complicate, not wants to carry their child to term and bered 2323. simplify, the problem. accept them the way God has given The amendment is as follows: Mr. President, he was quite accurate, that child to them is something I think At the appropriate place, insert the fol- as we have witnessed on the floor of Congress should do. lowing: this Senate in the last few hours a very So I commend the Senator from Lou- SEC. . SENSE OF THE CONGRESS CONCERNING emotional and tough debate regarding isiana. I would be willing to accept the SPECIAL NEEDS CHILDREN. one of the most serious issues I think amendment, but I understand the Sen- ((a) FINDINGS.—Congress finds that— this body has ever considered in the ator would like a recorded vote. (1) middle income families are particularly history of the Congress. Mrs. BOXER. Mr. President, I would hard hit financially when their children are born with special needs; Regardless of how one feels about like to be heard on the amendment if (2) in many cases, parents are forced to this issue, or the way we vote on these my friend has finished. stop working in order to attempt to qualify amendments, whether we regard our- Mr. SANTORUM. I would like to re- for medicaid coverage for these children; selves as pro-life or pro-choice, or spond to her remarks about my amend- (3) the current system of government sup- somewhere in the middle, the amend- ment, also. port for these children and families is woe- ment I send to the desk and urge my Mrs. BOXER. I want to add my voice fully inadequate; colleagues to vote for and support is an on this amendment. I am really pleased (4) as a result, working families are forced amendment that is quite simple. It that the Senator from Louisiana has to choose between terminating a pregnancy or financial ruin; and simply states that all individuals fami- brought this amendment to the floor. (5) government efforts to find an appro- lies or who find themselves in a situa- It is very important that we make a priate and constitutional balance regarding tion of having a child with a birth de- statement today that the children of the termination of a pregnancy may further fect would have their expenses cov- America will be protected, and the Sen- exacerbate the difficulty of these families. ered—their medical expenses, their ator from Pennsylvania said he views (b) SENSE OF CONGRESS.—It is the sense of educational expenses, and the respite this amendment as opening our arms the Congress that the Federal Government care for those families. That is so im- to unborn children. To me, this is open- should fully cover all expenses related to the educational, medical and respite care re- portant for the many families who find ing our arms to children regardless of quirements of families with special needs themselves in the most difficult of sit- where they come from, so the children children. uations. At that time in a family’s life, born in this country will get help. AMENDMENT NO. 2323, AS MODIFIED there should be no hesitation on the I ask unanimous consent to have Ms. LANDRIEU. I send a modified part of this Government to come for- printed in the RECORD an article that amendment to the desk. ward with the money and resources to appeared in the Washington Post a cou- The PRESIDING OFFICER. The Sen- support that family in this great time ple of weeks ago. Its title is, ‘‘Study ator has that right. of need. Links Abortion Laws, Aid to Chil- The amendment is so modified. So I offer this amendment with great dren.’’ It says, ‘‘States With Stricter The amendment (No. 2323), as modi- spirit and hope my colleagues on both Rules Are Less Likely To Spend on the fied, is as follows: sides of the aisle, regardless of how Needy.’’ That is incredible. Legislators At the appropriate place, insert the fol- they are going to vote on the final out- stand up and say Roe v. Wade ought to lowing: come, will understand the merit of this be overturned, women should not have SEC. . SENSE OF THE CONGRESS CONCERNING amendment and will put this Senate on a right to choose, and what happens? SPECIAL NEEDS CHILDREN. record as saying we believe all families ‘‘States with the strongest anti-abor- (a) FINDINGS.—Congress finds that— should have assistance when faced with tion laws generally are among the

VerDate 12-OCT-99 02:31 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.063 pfrm01 PsN: S21PT1 S12976 CONGRESSIONAL RECORD — SENATE October 21, 1999 States that spend less on needy chil- concern regarding the devastating fi- addressed it, addressed it on the issue dren and are less likely to crim- nancial impact that having a special- that we are addressing here, which is inalize’’—this is amazing—‘‘the bat- needs child can place on working fami- that this could include other proce- tering or killing of fetuses in pregnant lies. dures, would ban other procedures, and women by a third party. . . .’’ However, I am also mindful of the as a result it could be unduly burden- That doesn’t add up. So I think what fact that, as we strive to complete our some because it would eliminate all we are doing today with the Landrieu budgetary work, nearly all Members forms of abortions late in pregnancy. amendment—because I think it is have agreed that we should do so with- We are making it clear what the going to get overwhelming support—is out using Social Security Trust Fund court said, and not what some say the saying whatever side of the aisle we surpluses or raising taxes. Despite the court said. That is what the court said. fall into on the Santorum amend- fact that this is a sense of the Congress That is the only circuit court to have ment—and there are strong differences amendment and therefore has no statu- ruled on the case. Now we have an there—we agree with her sense of the tory consequence, I am nevertheless amendment which clearly deals with Congress that the Federal Government concerned with the unknown financial the issues of the circuit court which we should fully cover all expenses related consequence that a commitment of this are concerned about. I think we have to the educational, medical, and res- magnitude could have. For that reason, cleared that constitutional hurdle. pite care requirements of families with I am constrained to oppose the It is interesting that the Senator special needs children. Landrieu amendment. from California talks about we have to Many times, these children come into The PRESIDING OFFICER. The Sen- follow the Constitution. Nowhere in the world, and it is anticipated by their ator from Pennsylvania. the Constitution is the issue of partial- parents that it will happen, and the Mr. SANTORUM. Mr. President, I birth abortion mentioned, as far as I parents choose to go forward with the ask the Senator from Louisiana if she can see. Nowhere in the Constitution is pregnancy. Many times, we have chil- would be willing to withhold a vote the right to privacy mentioned. No- dren born and it is a total surprise to until we have a couple of votes so that where is it mentioned. It is created by parents that they have special needs we can stack them together a little the Supreme Court. requirements. Either way, any way, later in the afternoon. Senator SMITH To be technically correct, the Sen- however it happens, how could our has an amendment that I think he ator from California should say that we hearts not go out to children in this would require a vote on. Senator BOXER need to follow the Supreme Court, and country with special needs? may have an amendment to the Smith not the Constitution, because there is a By the way, I would like to engage amendment. Hopefully, we will be able difference. The Supreme Court has in- my friend in a colloquy. Wouldn’t this to work that out. terpreted and legislated rights through Mrs. BOXER. Mr. President, I suggest apply to any child—perhaps a child their Court decisions. The Senator the absence of a quorum. who is 1, 2 or 3—who gets injured in a from California accurately reflects The PRESIDING OFFICER. The Sen- car accident and suddenly the family that the law of the land is the high ator from Pennsylvania has the floor. finds that they need special care for court. But to suggest we are following Does he yield the floor? the child? the Constitution, which is clear about My friend isn’t just talking about Mr. SANTORUM. I suggest the ab- this issue as far as I am concerned be- newborn babies. I think she is basically sence of a quorum. cause the Constitution says that we saying all children and all families The PRESIDING OFFICER. The have the right to life. So if the Con- that have this need ought to be cov- clerk will call the roll. stitution speaks at all to this issue, it ered. The legislative assistant proceeded speaks on our side. Ms. LANDRIEU. Yes. The Senator to call the roll. from California is correct. The way Mr. SANTORUM. Mr. President, I Again, the law of the land is—I think that this is drafted is in a broader way ask unanimous consent that the order she would be correct if she phrased it because I believe that we have to be for the quorum call be rescinded. that way. We need to comport with the very sensitive to children with special The PRESIDING OFFICER. Without law of the land as the Court has inter- needs, and their families that some- objection, it is so ordered. preted the Constitution. times find themselves—even families Mr. SANTORUM. Mr. President, I would like to get back to my at a fairly significant income level—in thank you. amendment and go through my modi- great financial distress. Often one of Mr. President, I want to make a cou- fication to the bill. I am trying to get the parents has to quit their job or give ple of comments about my amendment my terms correct. It is not going to be up their job to qualify for the woefully and the attempt that I am trying to an amendment. It will be a modifica- inadequate. It would be my intention make to address the constitutional in- tion. I would like to get back to the to do that. There would be others with firmities that the Eighth Circuit found modification of the underlying bill other opinions. But I think it would be in this language of the partial-birth that will redefine partial-birth abor- important for us to reach out to all abortion bill. The Arkansas statute is tion, and again focus on the fact that families with children with special similar to the language that is in the this solves one of the two issues that needs. bill presently. are out there with respect to the con- Mrs. BOXER. I thank my friend. The Senator from California talked stitutionality. Again, I think it is really important about this not addressing the other More importantly, in my mind, it because to have this study come out constitutional issues that the Eighth deals with the two issues that I think and say that States with the strongest Circuit brought up. concern Members of the Senate as to antiabortion laws and want to end a I remind the Senator from California. whether to support this bill. One is, is woman’s right to choose are the weak- I am quoting from the case. it an undue burden? Do we ban more est in taking care of these children The district court held the act un- than what we say we do? If people are seems to be a horrible contradiction to constitutional for three reasons. concerned whether that is the case, I me. I think what my friend is saying is Because it was unconstitutionally vague, think we have solved that problem— regardless of our position, my good- because it imposes an undue burden on that if this bill passes no procedure ness, we ought to come together when women seeking abortions, and because it was other than partial-birth abortion, when not adequate to protect the health and lives the baby is outside of the mom after 20 it comes to taking care of our children of women. We agree the act imposes undue who have special needs. burdens on women and therefore hold the act weeks, outside the mother, would oth- I thank her. I will be proud to sup- unconstitutional. And because we based it on erwise be born alive, and then brutally port her amendment. undue burden grounds as we did in Carhart, killed, executed by having a sharp pair I yield the floor. we do not decide the vagueness issue or of scissors thrust into the base of the Mr. BYRD. Mr. President, I cannot whether the act fails to provide adequate skull of the baby and then its brains support amendment No. 2323, offered by protections. suctioned out. That would be outlawed the distinguished Senator from Lou- The Eighth Circuit did not address under this procedure. But no other pro- isiana, Ms. LANDRIEU. I appreciate her that issue. The only circuit court that cedure would.

VerDate 12-OCT-99 01:34 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.074 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S12977 I want to make clear Congress’ re- to whether this bill restricts or in any Obstetrics and Gynecology, in private prac- gard as to what the intent of the Con- way inhibits the health of the mother. tice, caring exclusively for the health needs gress is. Again, I think the language is Again, I will read their own report: of women for thirteen years. I am also a clin- amply clear for the court to do so. We could identify no circumstances ical assistant professor of [OB/GYN] for Georgetown University. I have been involved It was interesting that the Senator under which this procedure would be with teaching medical students and OBGYN from California contacted ACOG, the the only option to save the life or pre- residents for fourteen years at two major American College of Obstetricians and serve the health of a woman. Then they medical teaching centers. Gynecologists, and on an hour’s notice, go on to say it may be best or appro- Not, by the way, compared to the in- when asked about our amendment, priate in some circumstance, but they ventor of partial-birth abortion. Not an ACOG was able to fax back to the floor give no such circumstance, no such evi- obstetrician or gynecologist but a fam- of the Senate a response objecting to dence. ily practitioner who does abortions. this provision. But those of us who This is the only pillar upon which the That is who they are defending —a pro- have asked ACOG for 3 years, 3 years, other side stands, saying it is medi- cedure not taught in medical school, to provide us a for instance as to when cally necessary. not in any of the literature which Sen- and under what circumstances this pro- I will read several letters from mem- ator FRIST, Dr. FRIST, went through in cedure would be a preferable or more bers of ACOG, fellows in ACOG, who detail last night. His thorough review proper procedure than other abortion dissect their policy statement and say of all the medical literature on the sub- techniques, they have yet to respond. this second sentence, it may be the ject of abortion had not a mention of It is interesting they can respond in an best position, is hogwash. That is a this procedure. hour with great specificity about their medical term—it is hogwash. Back to the letter: concerns about this bill, about this Again, ACOG has not responded to a I have delivered over two thousand babies. modification. But in 3 years they have letter, now in, 21⁄2 years. On a daily basis I treat pregnant women and not been able to respond to a very sim- I would like to respond to the January 12th their babies. In my everyday work I am priv- ple question. You state—and they did— statement of policy issued by the executive ileged to participate in the joy of healthy that it ‘‘may be’’ the best or most ap- board. I am a former abortion provider. birth and the agony and sorrow of complica- propriate procedure in a particular cir- Let me repeat. This is an obstetri- tions in pregnancy which can lead to loss of cumstance to save the life or preserve life or heartbreaking disability. cian, a member, a fellow of the Amer- As a member of the Physicians’ Ad Hoc Co- the health of the woman. We have ican College of Obstetricians and Gyne- alition for Truth, which now has more than asked for a ‘‘for instance.’’ We have cologists: 600 members, I strongly support and applaud asked for that for instance to be peer I am a former abortion provider and I the legislative efforts to ban this heinous reviewed, to see whether their sugges- would like to take issue with the ‘‘State- Partial-Birth Abortion procedure. tion is, in fact, an accurate suggestion. ment’’ for a number of reasons. Many of the members of PHACT, Physi- In more than 3 years, in three sessions First, I can think of no ‘‘established ob- cians’ Ad Hoc Committee for Truth, hold of Congress, they have refused to pro- stetric technique’’ that ‘‘. . . evacuat(es) the teaching positions or head departments of obstetrics and gynecology or perinatology at vide an example. intercranial contents of a living fetus to af- fect vaginal delivery of a dead but otherwise universities and medical centers across the That, my friends, is the underpinning intact fetus.’’ The closest technique that I country. To our knowledge, there are no pub- of the second objection to the people to can imagine is a craniocentesis on a hydro- lished peer-reviewed safety data regarding this bill that it unduly infringes upon cephalic infant to allow for vaginal delivery. the procedure in question. It is not taught as the health of the mother; that this is There is no necessity that the infant be a formally recognized medical procedure. medically necessary to preserve the killed in this situation, and you must admit Proponents of partial-birth abortion tout it health of the mother under Roe v. that there is a vast difference between as the safest method available. Nothing Wade. craniocentesis for hydrocephaly and could be further from the truth. There are in Mrs. BOXER. Will the Senator yield suctioning the brain of an otherwise normal fact several recognized, tested, far safer, rec- ommended methods to empty the uterus on his criticism of ACOG? infant who would be viable outside the womb. when it is medically necessary to do so. Mr. SANTORUM. I yield. Second, as to the number of abortions per- There is no data in the accepted standard Mrs. BOXER. I want to ask my friend formed after 16 weeks, I do not trust the medical literature that could possibly sup- from Pennsylvania, am I right, he is CDC’s data on this since abortion statistics port any assertion of the appropriateness of critical of the general counsel of the are at best, arguable. Abortion industry lob- this procedure. American College of Obstetricians and byist Mr. Ron Fitzsimmons’ recent admis- If you ask most obstetricians or family Gynecologists, who are the doctors in sion of purposely misinforming the media practice physicians about partial-birth abor- tion, they will tell they have never seen or charge of women’s health in this coun- and Congress on the statistical incidence of the procedure and its predominant usage heard of such a treatment for any reason in try; he is critical that their general their educational training or practice. counsel, upon reading his amendment, (normal infants) should at a minimum de- mand an accurate audit of second and third Most physicians I have questioned are in- could determine on its face that trimester abortions in America. . .. credulous that anyone knowledgeable about amendment or that modification does Finally, I’m sure there are many ACOG Obstetrics and Gynecology would ever con- not meet the criticism of the Eighth members who join me in reminding you that sider this procedure as any kind of serious Circuit Court? Is he critical that the your stand on this issue, published as an offi- suggestion, because it is so obviously dan- general counsel trusted her law degree, cial policy statement, does not reflect the gerous. It has never been proposed or taught as the safest method to empty the uterus and her reading of his bill, her under- views of many, if not most, ACOG members. However, the perception of the general pub- end a pregnancy whether for purely elective standing of the law, to come back with reasons for abortion or in those grave in- an opinion? It is hard for me to believe lic and the media is that you speak for all of us. Please recognize that you have a respon- stances when it is medically necessary to do that. sibility to all members of ACOG if not to so to save the mother’s life. Consider the grave danger involved in par- Mr. SANTORUM. Reclaiming my stay neutral in sensitive areas such as this, tial-birth abortion, which usually occurs time. to at least issue a disclaimer on such state- after the fifth month of pregnancy, even into Mrs. BOXER. Please. I know the Sen- ment that the opinions of ACOG Executive the last month of pregnancy. A woman’s cer- ator wants to criticize the doctors, but Committee do not reflect those of its mem- vix is forcibly dilated over several days. This bers. now he is criticizing the lawyers. risks creating an incompetent cervix, a lead- Mr. SANTORUM. Any reasoned un- This is signed by three members of ing cause of subsequent premature delivery. derstanding of what I just said would ACOG. It also risks serious infection, a major cause lead one to believe I was not criticizing I can go through another letter of a of subsequent infertility. In the event of a the American College of Obstetricians physician in Northern Virginia who truly life threatening complication of preg- and Gynecologists for promptly re- writes in detail, a fellow of the Amer- nancy, the days of delay involved substan- sponding to your request. I was com- ican College of Obstetricians and Gyne- tially add to the risk of loss of life of the paring their swift response to your re- mother. cologists, a letter to Senator The abortionist then reaches into the uter- quest to what could whimsically be TORRICELLI last year: us to pull the child feet first out of the considered a casual response to my re- My name is Dr. Camilla Hersch. I am a mother’s body, up to the neck, but leaves the quest which has taken now 3 years on board certified Obstetrician and Gyne- head inside. He then forces scissors through the core point, on the core question, as cologist, a fellow of the American College of the base of the baby’s skull—which remains

VerDate 12-OCT-99 01:34 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.077 pfrm01 PsN: S21PT1 S12978 CONGRESSIONAL RECORD — SENATE October 21, 1999 lodged just within the opening of the forcibly modification that I will add to the bill in such a way that some portion of the dilated cervix, because the baby’s head is a colloquy. Senator DEWINE is here. We body of the fetus is outside of the larger and of course harder than the remain- are going to go through a colloquy that mother’s body, he or she must also sep- der of the soft little body. I think it is obvious that for the baby this will create for the court a clear under- arately and specifically act to then kill is a horrible way to die, brutally and pain- standing of what is meant by this the fetus while it is in the partially-de- fully killed by having one’s head stabbed amendment. livered position, for example, by punc- open and one’s brains suctioned out. So I yield to the Senator from Ohio turing the fetal skull or suctioning out But for the woman, this is a mortally dan- for a question. the fetal brain. gerous and life threatening act. Mr. DEWINE. I thank the Senator. I Mr. DEWINE. I again thank my col- Partial-birth abortion is a partially blind am looking at the language obtained in league. Let me ask a further question. procedure, done by feel, thereby risking di- the modification. I do have some ques- Would the bill as amended prohibit rect scissor injury to the mother’s uterus and laceration of the cervix or lower uterine tions concerning some of the language the suction curettage abortion proce- segment. Either the scissors or the bony that is in there, some of the wording. dure? shards or spickules of the baby’s perforated First, let me ask the sponsor, my col- Mr. SANTORUM. No. The bill would and disrupted skull bones can roughly rip league from Pennsylvania, what is the have two elements. First, the fetus into the large blood vessels which supply the meaning of the word ‘‘living’’ as used must be delivered into the partially de- lower part of the lush pregnant uterus, re- in the amendment, as where it refers to livered position for the purpose of per- sulting in immediate and massive bleeding a living fetus? forming an overt act that will kill the and the threat of shock, immediate Mr. SANTORUM. I thank the Senator fetus while it is in the partially deliv- hysterectomy, blood transfusion, and even ered position. Second, the fetus must death to the mother. from Ohio. Portions of the baby’s sharp bony skull In the Michigan partial-birth abor- actually be killed; that is, it must die pieces can remain imbedded in the mother’s tion case, Evans v. Kelly, the Federal while it is in the partially delivered po- cervix, setting up a complicated infection as District Court found that: sition. Neither of these would happen the bony fragments decompose. [t]he doctors were . . . unanimous in their with the suction curettage. Removal of Think of the emotional agony for the understanding of the meaning of the term the dismembered fetal parts entailed in woman, both immediately and for years ‘‘living,’’ as used in the statute’s definition a suction curettage is not prohibited afterward, who endures this process over a of a ‘‘partial-birth abortion’’: A living fetus because the parts do not constitute an period of several days. means a fetus having a heartbeat. None of this nauseating risk is ever nec- intact living fetus. Suction curettage essary, for any reason. Obstetrician-gyne- Mr. DEWINE. Let me also ask, then, also typically involves dismemberment cologists like myself across the U.S. regu- what is the meaning of the word ‘‘in- and fetal death in utero, conduct be- larly treat women whose unborn children tact,’’ as used in the amendment where yond the scope of the bill. suffer the same conditions as those cited by it refers to an ‘‘intact’’ living fetus? In- In the extremely implausible event proponents of the procedure. tact? that an entire fetus was suctioned Never is the partial-birth abortion proce- Mr. SANTORUM. The word ‘‘intact’’ through the cannula and died after re- dure necessary: not for polyhydramnios (an is used in this context to refer to the moval from the mother’s body, then excess of amniotic fluid collecting around the baby), living fetal organism rather than a the bill would not apply either, since it fetal part that has been removed from requires that the fetus be killed while That is one of the cases given by the a fetus. Because of the use of the word in a partially delivered position. other side. Never is a partial-birth ‘‘intact,’’ a person performing a par- Even if one argues that a fetus might abortion procedure necessary— tial-birth abortion would not fall under occasionally die in the cannula while not for trisomy (genetic abnormalities char- the prohibition that the law provides partially outside the mother’s body acterized by an extra chromosome), not for if, for example, he or she delivers a dis- anencephaly (an abnormality characterized during the course of a suction by the absence of the top portion of the membered fetal arm or leg. To fall curettage procedure, the fetus would baby’s brain and skull), under the prohibition, the abortionist not have to be deliberately positioned Never is a partial-birth abortion nec- would have to deliver a living fetal there for the purpose then of taking a essary, body, functioning as an organism. separate, second step to end its life at The use of the word ‘‘intact’’ is not, that point. Nor is any such separate not for hydrocephaly (excessive cerebro- spinal fluid in the head), however, meant to allow the killing of step ever taken. Rather, suction a partially born fetus merely because curettage involves a single continuous Water on the brain. Never is partial- some nonessential body part is miss- suction process that removes the fetus birth abortion necessary, ing. An abortionist cannot cut a toe of from the uterus through a cannula and not for life threatening complications of the fetus off before partial delivery and out of the mother’s body. The physi- pregnancy to the mother. Sometimes, as in the case of hydrocephaly, then claim in defense that the fetus cian could not knowingly deliver an in- it is first necessary to drain some of the fluid killed after the partial-birth abortion tact living fetus into the partially de- from the baby’s head, with a special long was not intact. livered position by this method because needle, to allow safe vaginal delivery. In Mr. DEWINE. I thank my colleague he would have no way of knowing that some cases, when vaginal delivery is not pos- for that answer. the fetus yet lived at this point when it sible, a doctor performs a Cesarean section. Let me also ask about this. The was partially outside the mother’s But in no case is it necessary or medically amendment referred to an ‘‘overt act’’ body. The abortionist would, thus, advisable to partially deliver an infant that kills the fetus; an ‘‘overt act’’ through the vagina and then to cruelly kill never knowingly cause fetal death to the infant. that kills the fetus. I wonder if my occur at the partially delivered stage The legislation proposed clearly distin- friend from Pennsylvania could tell us because the physician would never guishes the procedure being banned from rec- what is meant by the term ‘‘overt act’’ know at what point fetal demise oc- ognized standard obstetric techniques. in this particular context? curred. We are even further clarifying it. Mr. SANTORUM. I thank the Sen- Even State partial-birth abortion I must point out, even for those who support ator. statutes that did not have the ‘‘fetus abortion for elective or medical reasons at The term ‘‘overt act’’ is used to mean partially outside the mother’s body’’ any point in pregnancy, current recognized some separate specific act that the have been held not to govern suction abortion techniques would be unaffected by abortionist must undertake to delib- curettage abortion, and that is the the proposed ban. erately and intentionally kill the fetus, Federal district court in Virginia and Any proponent of such a dangerous proce- other than delivering the fetus into a Kentucky. dure is at the least seriously misinformed partial-birth position or causing the Mr. DEWINE. I thank my colleague about medical reality or at worst so con- sumed by narrow minded ‘‘abortion-at-any- fetus to abort. It does not mean the for that answer. cost’’ activism, to be criminally negligent. overall abortion procedure which typi- Let me pose an additional question. This procedure is blatant and cruel infan- cally begins with a living fetus and Would the bill, as amended, prohibit ticide, and must be against the law. ends with a dead fetus. the conventional dilation and evacu- Mr. President, I would like to put in Under the amendment, the abor- ation abortion procedure which in- place as legislative history for this tionist must not only deliver the fetus volves dismemberment of the fetus?

VerDate 12-OCT-99 01:34 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.031 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S12979 Mr. SANTORUM. Absolutely not. In accomplish is to make sure that in a Mr. HELMS addressed the Chair. the conventional D&E procedure, the society where the lines are ever blur- The PRESIDING OFFICER. The Sen- intact living fetus is never positioned ring, in a society where sensitivity to ator from North Carolina. partly outside the mother’s body for life may be at an all-time low, in a so- Mr. HELMS. Mr. President, I thank the purpose of taking a separate overt ciety where the Peter Singers of the the Chair for recognizing me. act to end its life while it remains in world are running rampant with their Let me say at the outset, I am so that position. Moreover, the second talk of being able to kill children if grateful to the younger Senators who step to end fetal life in that position is they are not perfect after they are have taken up this battle. And they are never taken. Also, once a physician has born, we need a bright line. And the doing well with it. They may not win, begun performing a conventional D&E bright line should be that if the child is but they are doing the Lord’s work as dismemberment, he typically does not in the process of being born, you can- far as I am concerned. know when the fetus dies. Thus, he not kill the child, you cannot do an I remember, on January 22, 1973—and cannot meet the mens rea requirement abortion where the baby is in the proc- I had barely arrived in the Senate—Jim of knowingly bringing an intact living ess of being born. Buckley and I were sitting right over fetus partially out of the mother for That has to be the bright line, ex- there, and the clerk brought in a bul- the purpose of performing a separate cept, of course, to save the life of the letin from the Associated Press an- overt act intended to kill the fetus in mother. But to deliberately birth the nouncing the Supreme Court decision the partially delivered position. baby for the purpose of killing the baby in Roe v. Wade. Jim Buckley looked at Mr. DEWINE. Again, I thank my col- goes over the line. me, and he said: We’ve got to fight league for his answer. In closing, I refer to what the Sen- this. I said: We certainly do. And we I pose one additional question. Would ator from California said when I said did. And we are still fighting it—in dif- the bill, as amended, prohibit the in- she defends a procedure in which the ferent ways. He is a Federal judge now, duction abortion procedure? baby is born all but the head; that and I am a somewhat older Senator. Mr. SANTORUM. No. Physicians under those circumstances you can But my respect goes out to the ladies doing inductions never deliberately still kill the baby. But if the baby is outside who are standing up for the and intentionally deliver an intact liv- born head first and all but the foot is right to life. They will always be dear ing fetus partially outside the mother’s still inside the mother, when I asked to me. body for the purpose of pausing to per- her, can you kill the baby in this cir- Mr. President, before I launch into form an act that they know will kill cumstance, she said no, ‘‘Absolutely what I want to say, I have thought so the fetus while it remains in a par- not.’’ many times of a beautiful Afro-Amer- tially delivered position before con- If that is a bright line to anybody in ican lady named Ethel Waters, born in tinuing the delivery. this Chamber, if that is where we want Mississippi, the product of a rape. Her It is possible that rarely during an to stand, I will tell you, that is on mother was much beloved by citizens induction abortion, an intact living shifting ground. In fact, that is on in that Mississippi town. And they of- fetus could be trapped in a partially de- quicksand, and pretty soon the Peter fered to take care of an abortion for livered position with complete delivery Singers of this world who say, ‘‘Killing her. She said: No. I don’t want it. The being prevented by entanglement of a disabled infant is not morally equiva- Lord put that child in me, and I want the umbilical cord or the fetal head lent to killing a person. Very often it is it to be born. The baby turned out to be being lodged in the cervix. In such cir- not wrong at all’’—a professor at the a girl who grew up to be one of the cumstances, the physician may cut the University of Princeton. And you say greatest singers in the history of this cord or decompress the skull before that is outrageous? country. Ethel Waters’ name is in all of completing delivery without being in Look at the examples the other side the musical records as being a great violation of the bill because he did not has given as reasons to keep this proce- voice. intentionally and deliberately get the dure legal. The examples are all about That brings me up to the point that fetus in that position for the purpose of disabled infants. None of them con- I want to try to make today, as briefly killing it while it was in that position. cerns the health of the mother. They as possible. The United Nations re- Even State partial-birth abortion all concern a case where children were cently sounded its alert button to an- statutes that did not have ‘‘fetus par- going to be born with profound abnor- nounce what the United Nations de- tially outside the mother’s body’’ lan- malities, disabled. The argument is, we scribed as the arrival of the six-bil- guage have been held not to govern in- need to keep this legal because dis- lionth baby born in this world. And the duction abortions, and again, Federal abled children are less entitled to pro- news reports went on and on, of course, district courts in Virginia and Ken- tection than healthy ones. in great lamentation that the Earth tucky have so ruled. You have heard no example. You will does not produce enough resources to Mr. DEWINE. I THANK MY COLLEAGUE hear no example. You will hear no ex- handle such population growth, the VERY MUCH FOR THOSE ANSWERS. ample of a healthy mother and a point being, of course, that the United Mr. SANTORUM. I thank the Senator healthy child being used to legitimize Nations crowd does not believe bring- from Ohio. this procedure. They won’t dare do ing more babies into the world is advis- The Senator from Nebraska had ques- that. Why? Because it would shock able. tions about how this amendment from you. Yet 90 percent of abortions per- If I may be forgiven, I do not regu- a constitutional standpoint would be formed under partial birth are per- larly agree with the United Nations, perceived. This is very clear. With this formed on just those cases. What they and this is another time when I do not colloquy, we very clearly address all will use is the disabled child, and the agree. the different aspects of different kinds American public, incredibly, to me, In fact, the spin doctors worked of abortions which would not be out- will say: OK; that’s OK; I understand; steadily drumming up all manner of lawed by this procedure and why they it’s OK; if the child is disabled, of contrived environmental statistics to would not be outlawed by this proce- course you can kill it. persuade the American people to sup- dure. If that is what we are thinking, port abortion. And those spin doctors, For those who have suggested—and I America, if that is a legitimate reason of course, used the term ‘‘population know many have suggested—that what to keep this ‘‘safe’’ procedure—which, control’’—which is nothing more than we are about here is the first step to of course, it is not—how far are we a diplomatic way of promoting abor- eliminating abortions, I again state for from, killing a disabled infant is not tion because that is exactly what ‘‘pop- the record that I cannot honestly say morally equivalent to killing a person? ulation control’’ means. It means bru- we will eliminate one abortion in this How far away are we, America? If this tally killing innocent unborn babies. country if we pass this bill. I can hon- Senate today upholds, by not passing Anyone doubting the horrors of popu- estly say that is not the thrust of what this bill by a constitutional majority, lation control need only to look at Red we are trying to accomplish. that logic, then, Dr. Singer, come on China, a Communist country, that I have said it once, and I will say it down because you are next. proudly boasts of its population con- again and again: What we are trying to Mr. President, I yield the floor. trol program, a program which forces

VerDate 12-OCT-99 01:34 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.081 pfrm01 PsN: S21PT1 S12980 CONGRESSIONAL RECORD — SENATE October 21, 1999 pregnant women, who have already Americans want the partial-birth pro- On page 3, strike lines 8 through 13. given birth to a male child, forces cedure banned. Mr. SANTORUM. Mr. President, those women to undergo an abortion. Unfortunately, the American people while I have a few minutes, I want to Astonishingly, Red China’s Premier, have to contend with President Clin- continue building the record, not from Zhu Rongji, boasted that the world had ton’s adamant refusal to condemn this RICK SANTORUM, not from other Sen- been spared the ‘‘burden’’ of 300 million senseless form of killing, despite the ators who are not experts in the field, babies as a result of Red China’s public’s overwhelming plea to ban it. but building the record from physi- forced-abortion policy. The President of the United States cians, obstetricians, and experts who So I think there is no doubt that the should have to explain, over and over comment directly, fellows of the Amer- ‘‘population control’’ spin doctors are, again, to the American people why he ican College of Obstetricians and Gyne- without fail, pro-abortionists with an will not sign this law. The spotlight cologists, an organization that the undying and unyielding commitment will no longer shine on the much pro- other side uses as defense. to the abortion movement. claimed ‘‘right to choose.’’ Again, this defense is a paper bag And no matter where it is performed, I remember vividly the day when the that simply needs to be tested. It is a whether it is in Red China or in the Supreme Court handed down the deci- facade. It will collapse. It will be United States, abortion, in any form, is sion to legalize abortion. As I said ear- punched through. atrocious and wrong. And my critics lier, Jim Buckley and I—Senator Jim Let me strike a blow. This is a state- may come out of their chairs, but they Buckley of New York and I—were sit- ment of Dr. Don Gambrell, Jr. M.D., are breaking one of the Ten Command- ting side by side because we were back- with the Medical College of Georgia, bench Senators at that time. Each of ments. again, a fellow of the American College That is why I am grateful to the dis- us who has fought, heart and soul, to of Obstetricians and Gynecologists. He undo that damaging decision, under- tinguished Senator from Pennsylvania, is a clinical professor of endocrinology stood so well that day that we had yet Mr. SANTORUM, for his strength and and OB/GYN. First sentence right out to see what devastation would come of conviction in standing up in defense of of the block: such a horrendous rule. countless unborn babies. RICK Partial-birth abortion is never medically Indeed, when you stop to think about indicated to protect a woman’s health or fer- SANTORUM’s willingness to continue to it, when the President of the United lead the fight on behalf of the passage tility. States condones the inhumane proce- You have heard several other com- of the Partial-Birth Abortion Ban Act dure known as ‘‘partial-birth abor- is a demonstration of his courage. ments I have made about obstetricians tion,’’ it is clear that our worst fears who have said the exact same sentence. From the moment the Senate first that January morning are coming true. debated the Partial-Birth Ban Act in Think about who is saying this. This is So it is time, once again, Mr. Presi- an expert. We have 600 such physicians. the 104th Congress, the extreme pro- dent, for Members of the Senate to abortion groups have sought to justify The American college itself, who is stand up and be counted for or against against this bill, said it is never the this inhumane, gruesome procedure as the most helpless human beings imag- necessary to protect the health of only option. So they even agree it is inable, for or against the destruction of not the only option. What they say is, women in a late-term complicated innocent human life in such a repug- pregnancy. That is what they always it may be preferred. But they give no nant way. Senators are going to have case; in 3 years, they have given no say. However, well-known medical doc- to consider whether an innocent, tiny tors, obstetricians, and gynecologists case. Their own members say it is baby, partially born, just 3 inches from never medically indicated—never. have repeatedly rejected this assertion the protection of the law, has a right that a partial-birth abortion can be He underlined the word ‘‘never.’’ This to live and to love and to be loved. In is a doctor at a medical college. By the justified for health reasons. my judgment, the Senate absolutely Moreover, there is much to be said way, I have reams of letters here, all must pass the Partial-Birth Abortion about the facts surrounding the num- from physicians, all from obstetricians Ban Act. I pray that it will do it by a ber of partial-birth abortions per- from all over the country who say the great margin, of at least the 67 votes to formed every year and the reasons they same thing. override Bill Clinton’s veto. Think about this he is a doctor. For are performed—or at least the stated I thank the Chair and yield the floor. a doctor to say ‘‘never,’’ put it in writ- reasons. It is difficult to overlook the MODIFICATION TO S. 1692 ing and stand behind it—in this case, confession of Ron Fitzsimmons, execu- Mr. SANTORUM. Mr. President, I this was submitted as testimony to the tive director of the National Coalition ask unanimous consent that it be in House of Representatives in Atlanta, of Abortion Providers, who acknowl- order for me to send a modification of GA—to put this in sworn testimony, to edged that he himself had deceived the the bill to the desk, the modification of be able to stand up and, without flinch- American people on national television the bill be agreed to, and the motion to ing, to lead off, first sentence, ‘‘never about the number and nature of par- reconsider be laid upon the table. medically necessary.’’ tial-birth abortions. Mr. Fitzsimmons The PRESIDING OFFICER. Is there What do we have on the other side of has since then estimated that up to objection? Without objection, it is so this medical necessity debate? I will 5,000 partial-birth abortions are con- ordered. read it one more time. The only factual ducted annually on healthy women, Mr. SANTORUM. Pursuant to the evidence that supports the other side is carrying healthy babies—a far cry from agreement, I send the modification to this statement: the rhetoric of Washington’s pro-abor- the desk. The select panel could identify no cir- tion groups who have insisted that The PRESIDING OFFICER. The bill cumstances under which this procedure only 500 partial-birth abortions, as is so modified. would be the only option to save the life or they put it, are performed every year, The modification was agreed to, as preserve the health of the woman. and only—they say, every time—in ex- follows: They agree with us: Not the only op- treme medical circumstances. On page 2, strike lines 18 through 21, and tion; it is not an undue burden; there It is time for the Senate, once and for insert the following: are, in fact, other procedures that can all, to settle this matter and pass the ‘‘(b)(1) As used in this section, the term be used that are as safe. Partial-Birth Abortion Ban Act with a ‘partial-birth abortion’ means an abortion in But they go on to say, however, it which the person performing the abortion de- veto-proof vote and affirm the need to liberately and intentioinally— ‘‘may be the best or most appropriate rid America of this senseless, brutal ‘‘(A) vaginally delivers some portion of an procedure.’’ It ‘‘may be.’’ form of killing. intact living fetus until the fetus is partially Here is one of their members—by the It is also important to note that the outside the body of the mother, for the pur- way, there are at least five, six dozen American people recognize the moral pose of performing an overt act that the per- members, their members, who have significance of this legislation. The son knows will kill the fetus while the fetus written, who have said ‘‘never,’’ letter majority of Americans agree that the is partially outside the body or the mother; after letter after letter after letter and Government must outlaw partial-birth ‘‘(B) performs that overt act that kills the after letter, ‘‘never.’’ What did they re- abortion. In fact, in recent years, polls fetus while the intact living fetus is par- spond to their own members? A deaf- have found as many as 74 percent of tially outside the body of the mother. ening silence.

VerDate 12-OCT-99 01:34 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.083 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S12981 Their own members have asked: Give we make it crystal clear. This bill, the these cases, then you need to look us a for instance. What has been their new bill, the first time any Member of them in the eye and say: Well, I don’t response? Nothing. this Senate will be voting on this par- mean what Dr. Singer says, that kill- Then we are to defeat a bill based on ticular bill be careful, be careful, be- ing a disabled infant is not morally no evidence and an assertion that it cause all of the trees you can hide be- equivalent to killing a person. But if may be, without a shred of evidence to hind in the game of abortion politics you say that, then you have to look support that ‘‘may be.’’ are being cut down at the base. In fact, them in the eye and say: By the way, I We have mountains of evidence, of there aren’t even stumps left to hide want this procedure to be legal to kill expert opinion, of specific indications, behind. There is no medical evidence to healthy children with healthy mothers of, as I just read from Dr. Hersh, where support what they suggest. There is no because that is how 90 percent of these she went through specific abnormali- constitutional argument on undue bur- abortions are done. ties and said, not appropriate, not ap- den left with this new bill. So if you can look in the eyes of con- propriate, not appropriate, not appro- So if you want to support this proce- stituents and say a 25-week-old baby priate. Why these abnormalities? Be- dure, look your constituents in the eye who is from a healthy mother, a cause they were all the abnormalities and say: I believe abortion should be healthy baby, which would otherwise listed in their anecdotes, in their case done at any time, at any place, in any be born alive, that may in fact be via- histories, that said ‘‘requires’’ a par- manner, anyone wants to do it, and ble, can in fact be delivered, all but the tial-birth abortion or is a preferable that includes 3 inches from being com- head, its brains punctured and procedure to perform under these cir- pletely born and being protected by the suctioned out, and that is OK in Amer- cumstances. Again, experts on the Constitution. If you want to say that, ica, and that doesn’t bother us, and record under oath—never. then you are telling the truth; then that doesn’t create a slippery slope and Now they go further than that. These you are being honest. create a cultural crisis—if you can look people say not only is it never medi- If you want to say anything else, in the eyes of your constituents and cally indicated, it is contraindicated. then you are hiding behind what was a tell them that, then come down here It is more dangerous to do this. truth. It is gone. There is no protec- and vote no. Vote no, and you can do so I want Members to know, when they tion. You will have to look your con- with a clear conscience; you can do so walk to this floor and vote on this bill stituents in the eye and say: I am not with a clear conscience as to what you this time, A, the medical evidence is concerned about the dividing line be- are saying. crystal clear: Never medically nec- tween what is protected under our Con- I don’t know about other aspects of your clear conscience, but know what essary to protect the health of the stitution and what is not; I am not con- you are doing because anybody who mother. And anybody who walks out- cerned that this is a slippery slope, will take the time to read the RECORD side this Chamber and asserts that is where if the head is not born, you can of what happened over the last 2 days doing so against 100 percent of the kill the baby, but if the foot is not record before us. will have no doubt as to what you are born, you can’t, and it doesn’t concern doing. I know most folks don’t read the By the way, that won’t stop people. me at all; it doesn’t set a double stand- RECORD. But you have, you listened, It won’t stop anybody. But look at the ard at all; it doesn’t cause a problem in record; look at the facts. Anybody who and your staff listened. You know the our society where a baby 3 inches away facts. You know what is at stake. You walks out of here and says, I am op- from life can be executed. It doesn’t posed to this because it is unconstitu- know the right thing to do. bother me, America. I want you to The PRESIDING OFFICER. The Sen- tional, it is vague, it may cover more know that, constituents. This doesn’t ator from California is recognized. of this abortion, and it is an undue bur- bother me. It doesn’t bother me that Mrs. BOXER. Mr. President, we fi- den because of that, read the modifica- all of the reasons given by the other nally have reached a point where the tion that has just been sent to the desk side as to why this procedure should be Senator from Pennsylvania and I have and adopted. It is crystal clear that no kept legal are because of disabled chil- a strong agreement; we are urging ev- other abortion is banned by this bill dren who were either not going to live erybody to read the record of this de- now. I don’t believe it was before, but long, or live long with a disability. bate. I do hope the American people if you had any doubt, it is not now. Mrs. BOXER. Will the Senator yield will read the record of this debate, and Senator DEWINE and I entered into a for a question? they will find out who stands for the colloquy that specifically listed in- Mr. SANTORUM. No, not at this mainstream view on the issue of a stances and other abortion techniques time. woman’s right to choose and who used that are not covered by this bill. Mrs. BOXER. I want to ask, how stands for the extreme view on a wom- We explain in legal and medical detail much longer does the Senator plan on an’s right to choose. The extreme view why they are not. We say to the courts, going at this point in the debate? is overturning Roe v. Wade, which, that is not our intention; it is not cov- Mr. SANTORUM. A couple of min- from 1973, has protected the right of a ered. Here, legally and medically, is utes. The Senator from Illinois wants woman to make a personal, private, why it is not. to speak. moral, spiritual decision with her fam- If you want to walk out here and tell Mrs. BOXER. Mr. President, I have ily, her doctor, her God, her advisers. your constituents that you voted not objected to his modification, but I That is the mainstream view in against this because we needed to pro- wanted to speak on it. The Senator did America. That is the law of the land. tect the health of the mother, ‘‘check it when I was talking about Senator The Senator from Pennsylvania is strike one, not true.’’ You can say it. SMITH. I would like to have a little right that it is the law of the land be- You might get away with it. But it is time prior to the Senator from Illinois cause the Supreme Court found a right not true. They don’t have a shred of to respond to the modification. of privacy in the Constitution and said evidence to say that it is. Mr. SANTORUM. Sure. that, yes, women count. We have a They will put up pictures and tell Mrs. BOXER. Thank you. right to privacy. So, please, read the stories about difficult decisions. Every (Mr. GORTON assumed the chair.) record. one of those cases have been reviewed Mr. SANTORUM. So if you want to We voted on the issue of Roe v. Wade and every single one of them, experts look your constituents in the eye and and by a thin, small margin—the vote in the field, 600 of them have said, not say: I am not concerned that we need was 51–48—we said don’t overturn Roe. true. You may walk out this door and to draw a bright line, and that the ex- That is a dangerous vote. Forty-eight tell your constituents that I need to amples being used as to why this proce- Members of this body want to crim- vote against this because it bans other dure should be kept legal—and the sto- inalize abortion, make it illegal, go procedures; it would be an undue bur- ries and the cases to legitimize this back to the days when women died— den; it would prohibit a woman’s right procedure all involve deformed babies; 5,000 women a year. This is the first to choose. Not true. It does not ban any they all involve babies who were not time this Senate in history has ever other procedures. If it conceivably did, perfect in someone’s eyes—if you want voted on that landmark decision, and by some distortion of the words, which to look at them and say we need to 48 Senators don’t trust women; 48 Sen- is what I think the courts have done, keep this procedure legal because of ators want to tell women what to do in

VerDate 12-OCT-99 04:11 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.086 pfrm01 PsN: S21PT1 S12982 CONGRESSIONAL RECORD — SENATE October 21, 1999 a personal, private, religious, moral de- with bringing life into the world, the dure. In these instances, it is medically nec- cision. very group of doctors we go to when we essary. So, yes, I do hope the people of this are ready to have our families and to Sincerely, STANLEY ZINBERG, MD, country will read the RECORD because help us have our families, says about Vice President, the RECORD is complete on this issue. this new language, upon review of it, Clinical Practice Activities. We heard from the other side that we that the language does not address the Mrs. BOXER. Mr. President, this let- don’t care about Roe v. Wade; we are issues addressed by many States and ter is from Stanley Zinberg, vice presi- not going to overturn it. We don’t want Federal courts, including the United dent, clinical practices, the American to do anything about it. We just want States Court of Appeals for the Eighth College of Obstetricians and Gyne- to talk about this one procedure. And Circuit. cology. This is a new letter: many of us on this side of the aisle said The Senator may say he has met con- . . . I would like to clarify that there are it is a smokescreen, and we tested it stitutional objections. But those who today. What did we find out? The lead- rare occasions when intact D&X is the most deal with this law, who deal with it appropriate procedure. In these instances, it ers of this ban, which has been called every day, say it does not. is medically necessary. unconstitutional by 19 courts, also Mr. President, I ask unanimous con- voted to overturn Roe v. Wade. The very words that some Senators I hope the families of America read sent to have this letter printed in the said were not present in this debate are this Record. It is very clear about who RECORD. suddenly present in this letter. The stands where. Let me tell you the dif- There being no objection, the letter doctors are telling us that the proce- ference between the two sides. It is not was ordered to be printed in the dure that many Senators are voting to so much about how we feel on the issue RECORD, as follows: ban without making a health exception is medically necessary on certain occa- because that is a personal matter. I NORTHWESTERN UNIVERSITY have given birth to children—the MEDICAL SCHOOL, sions. greatest joy in my life. I have a grand- Chicago, IL, October 21, 1999. I will conclude with these remarks in son—a new joy in my life. I have one I have reviewed Senator Santorum’s the next few minutes by addressing view; the Senator from Pennsylvania amendment. It would apply to all second tri- something that has been very upset- has another. Let me tell you the dif- mester procedures. It does not narrow the ting to me as a human being. Forget ference. It is who decides. I respect the definition of the so-called ‘‘Partial-Birth that I am a Senator. We have heard Abortion Ban’’ Act. It would effectively ban from people who would have to go right of the Senator from Pennsylvania the safest and most common form of second to make that decision by himself with through this procedure a series of sto- trimester abortions. ries that could break your heart. They his wife, with his family. He does not Sincerely, decided, because they believed it was in respect my right, or your right, or the MARILYNN C. FREDERIKSEN, M.D., right of anyone in America to be trust- Associate Professor, their best interests, in the best inter- ed to make that decision. He wants to Obstetrics and Gynecology, ests of the fetus they were carrying, tell you what to do. I didn’t think we Department of Obstetrics and Gynecology. and in the best interests of their fami- lies, they decided after consulting their were elected to play God or to play Mrs. BOXER. Mr. President, this let- spiritual counselors that it was the doctor. I thought we were elected to be ter is from Northwestern University right thing to do for their families. Senators. I thought we were elected to Medical School signed by Marilynn The Senator from Pennsylvania uphold the Constitution and the laws Frederiksen, M.D., Department of Ob- wants to outlaw this option, this of the land. stetrics and Gynecology, who says: Yes, this Record is full. It is impor- choice. But, worse than that, he calls tant. It ought to be reflected upon. Our I have reviewed Senator Santorum’s these stories anecdotes. He says: Do amendment. It would apply to all second tri- not listen to anecdotes. But yet he votes ought to be scrutinized. I agree mester procedures. It does not narrow the with the Senator from Pennsylvania. cites his own experience and doesn’t definition . . . [and] would effectively ban call it an anecdote. He calls it a trag- Every word that was spoken here ought the safest and most common form of second to be looked at. Every single time we trimester abortions. edy. I have to say I hope we would engage in a conversation ought to be apply the same kind of language to all I say to my colleagues, if you were Americans as we do to our own fami- reviewed. I think it is important. looking for a fix on the constitu- I also think it is important to under- lies. tionality, it isn’t here. stand that this modification that was These are stories. Let me share some sent to the desk—we had no objection Again, I repeat that if you believe in with you. to the Senator from Pennsylvania re- the Constitution, if you believe in the Tiffany Benjamin: Genetic tests re- writing his law. That is his right. I right of privacy, and if you believe in vealed that her child had an extra don’t have a problem with it. It does following court precedent, a woman’s chromosome. Doctors advised her that not do what the Senator from Pennsyl- health must always be protected. her condition was lethal. No one could vania says it does. The Senator from Under this law, as modified, the wom- offer hope. They determined the most Pennsylvania says his new language an’s health isn’t even mentioned. merciful decision for their child and addresses the objection of the Eighth It is possible she could be paralyzed. the family would be to terminate the Circuit and of the other courts that All kinds of horrible things could hap- pregnancy. She says, ‘‘Although three have ruled on his law that has been en- pen. She could be made infertile. And, years have passed for us, the depth of acted in many States as unconstitu- yet, no exception. our loss is vivid in our minds.’’ She says to every Senator who would out- tional on its face. We have another letter that I ask law this procedure, ‘‘We are astounded In the short period of time we have unanimous consent to have printed in that anyone could believe that this had to send out his new language, we the RECORD. have heard from the Center for Repro- type of decision is made irresponsibly There being no objection, the letter ductive Law and Policy. The letter is and without a great deal of soul search- was ordered to be printed in the in the RECORD. It says: ing and anguish. These choices were RECORD, as follows: The proposal continues to preclude any the most painful of our lives.’’ THE AMERICAN COLLEGE OF procedure at any gestational age of a preg- Is that an anecdote? That is a true OBSTETRICIANS AND GYNECOLOGISTS, nancy. Court after court—including the life experience of a woman who says to Washington, DC, October 21, 1999. unanimous Eighth Circuit—has held that us, please don’t ban a procedure that is Hon. BARBARA BOXER, such an approach unduly burdens the right medically necessary. Senate Hart Office Building, to abortion. Washington, DC. Coreen Costello, a registered Repub- That is the Center for Reproductive lican, describes herself as very conserv- DEAR SENATOR BOXER: In response to the Law and Policy. current Senate floor debate on the so-called ative. She made it clear that she is op- The general counsel of the Associa- ‘‘partial birth abortion’’ ban, I would like to posed to abortion. She was 7 months tion of Obstetricians and Gyne- clarify that there are rare occasions when pregnant in 1995 with her third child. cologists, the very group that deals Intact D & X is the most appropriate proce- She was rushed to the emergency

VerDate 12-OCT-99 03:25 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.089 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S12983 room, and an ultrasound showed some- formed in a hospital, as I remember, in see this as chipping away at the right thing seriously wrong. The baby had a Iowa. of a woman to make a decision with deadly neurological disorder, had been Is the Senator familiar with that sit- her God and her doctor and her con- unable to move inside her womb for 2 uation? science. They oppose it as well as the months. She goes on. The doctors told Mrs. BOXER. Yes, and I want to say medical and religious groups. Coreen and her husband that the baby in my State we have a law. A procedure Mr. LAUTENBERG. I inquire as to was not going to survive, and they rec- done in the late term must be done in- the Senator’s response, if this is an at- ommended terminating the pregnancy. side a hospital. tempt to establish the moral platitudes The Costellos say this isn’t an option We have received a letter from the around which this country should oper- for us: ‘‘I want to go into labor.’’ She American College of Obstetricians and ate—and that is fortified in my view by said: ‘‘I want my baby to be born on Gynecologists who work in hospitals the fact that while we ignore the op- God’s time. I did not want to inter- all over this country and have said this portunity to protect a born child 15 or fere.’’ procedure that the Senator from Penn- 10 years old in school, we are unwilling They went from expert to expert. sylvania wants to ban is, in certain in- to pay attention to the mother’s plea And the experts told her labor was not stances, medically necessary. in that case to protect the child; but an option. They considered a cesarean We have the most prestigious group we hear the National Rifle Associa- section. But the doctors said the health of doctors from the American College tion’s voice. risks were too great. In the end, they of Obstetricians and Gynecologists say- Does the Senator see a born child, a followed the doctor’s recommendation ing banning this procedure is dan- child going to school, a child walking and Coreen had an abortion. She says gerous. That, in fact, even with the in the neighborhood, a child at play, as now they have three happy, healthy changes that the Senator from Penn- being as protected as the definition children, and she since then has had a sylvania made, it is so broadly worded that we want to exert here on a woman fourth. it allows most abortions. There is still whose pregnancy is in a late term, and She writes to us: ‘‘This would not no health exception. a doctor and she agree that it is an ap- have been possible without the proce- My friend is absolutely right. These propriate thing to do? Does the Sen- dure.’’ She says please give other procedures, and abortions in general, ator see some kind of conflict here? Or women and their families this chance. are done by physicians. perhaps even hypocrisy? The Senator Let us deal with our tragedies without Mr. LAUTENBERG. My most recent ought to correct me if I am wrong be- any unnecessary interference from the grandchild was delivered 1 week ago, a cause I don’t want to be wrong about Government. Leave us with our God. large baby. My daughter is very active this. As I remember, those who are pres- Leave us with our families. Leave us athletically. She produced a 9-pound, 7- ently so strongly advocating removing with our trusted medical experts. ounce baby girl, larger than the two I could go on and on with these sto- brothers who preceded her. the right of a woman to make a deci- ries, these real-life tragedies. They are I also have two other daughters, each sion, vote against gun control meas- ures that we have when it comes to not anecdotes. They are not stories of whom has two children; one daugh- protecting children. Does the Senator that are made up. They are not rumors. ter carried a fetus for almost 8 months and something happened. She called see the same question raised that I see? They are real people who have gone Mrs. BOXER. The irony of this issue me and said: Daddy, I’ve got bad news. through this. I daresay we ought to lis- is right there. I say that the leading The baby got caught in the cord and ten because they are people who count. voices in this Chamber on this issue apparently choked to death. She wasn’t They are telling us to stay out of their are the same voices that we hear feeling a heartbeat when she went to private lives. Stay out. If anyone wants against any type of sensible laws to the doctor. Nothing hurt me more, to make a decision about their family, protect our children that deal with gun nothing hurt her more. please, that is their right. I would do violence. anything in my power to fight for any- We are not the kind of family that Interestingly, in my State, gunshots body’s right not to have an abortion if casually looks at abortion and says ev- are the leading cause of death among that is their choice. I am as strongly erybody ought to have one. This is the children. It is a supreme irony. for that. right of privacy, is it not? Mr. LAUTENBERG. Is the Senator However, I think it is an insult, an Mrs. BOXER. It is absolutely about aware that 13 kids a day are killed by indignity, a slap in the face of the the right to privacy and respect of the gunfire in this country, over 4,500 chil- women and the families of this Nation woman and her family. dren a year are killed by gunfire? Chil- for government to tell them what to do Mr. LAUTENBERG. Does the Senator dren who are alive, working, and with in these tragic moments. find women’s organizations coming for- their families, exchanging love with Mr. LAUTENBERG. Will the Senator ward about outlawing this procedure? their parents, brothers and sisters. Is yield? Does it make sense in any way to pro- the Senator aware that 13 children Mrs. BOXER. I am happy to yield to tect women who have an unfortunate every day in this country are killed by the Senator. condition or whose health is in danger gunfire because we lack control over Mr. LAUTENBERG. Mr. President, I in the late term in their pregnancy? that? have heard on this floor that there Mrs. BOXER. Anyone who believes in Mrs. BOXER. I am aware and it is a haven’t been any of these late-term the basic right to choose and the basic tragedy. abortions performed by doctors or per- decision in Roe, which protected a Mr. LAUTENBERG. Where does the formed in hospitals. The Senator has woman’s health, is opposed to this Senator think we are in terms of say- been diligent on the floor of the Senate Santorum bill. ing to women, you can’t make a choice in these last days in making sure wom- Let me read into the record a few on your own; you don’t have the moral en’s rights are protected. It has been a groups, and I will not even name wom- rectitude to go ahead and make this tough fight. I wonder, to the Senator’s en’s groups; I will name other groups: decision, even though you and your knowledge, is it true these late-term The American Public Health Associa- doctor agree and there is some risk to abortions have been done exclusively tion opposes this bill; the American the mother’s health in carrying this outside of hospitals by nonobstetri- Medical Women’s Association opposes pregnancy. cians, by nonphysicians? Does the Sen- this bill; the American Nurses Associa- We can’t even get an exception to ator have that kind of information? tion opposes this bill; the Society for that. Am I right in that interpretation? I had a chance to speak to Ms. Physicians for Reproductive Choice Mrs. BOXER. That is correct. No ex- Koster, portrayed in the photograph, a and Health opposes this bill; the Amer- ception for health. woman very happy with her decision to ican College of Obstetricians and Gyne- Mr. LAUTENBERG. It reverts back have an abortion in late term. By the cologists opposes this bill; and the Re- to wanting to control other people’s way, this is not an unreligious person ligious Coalition for Reproductive destinies, other people’s decisions by a or not a person we could accuse of im- Choice opposes this bill. few other-than-experts in this body on morality. She insisted and told me she I say to my friend, women’s groups pregnancy, and the health care nec- had obstetricians and she had it per- who support a woman’s right to choose essary to attend to that.

VerDate 12-OCT-99 04:11 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.092 pfrm01 PsN: S21PT1 S12984 CONGRESSIONAL RECORD — SENATE October 21, 1999 Mrs. BOXER. My friend is right. should not have it. But our friends on children? No. No. No. What we got was There is not one obstetrician or gyne- the Republican side in the House a denial. cologist in this Senate, yet we see the dropped it out of the juvenile justice But, heaven forbid a woman should pictures used, the cartoon figures of a bill, and we do not see it here. make a decision to protect her health woman’s body—which I find rather of- Can the Senator possibly give me her for the rest of her children, or her fensive. The bottom line is, we were description of what might be the logic health for her family, or to continue to not elected to be doctors, but we were there, as those on the other side want be a mother to her other children. Does elected, it seems to me, to be tough on to take away the right of women to the Senator recall any similar passion crime and to stop crime and to do what make a decision that affects their or zeal on those issues when we went it takes to protect our citizens. health and their well-being and their up to vote here? My friend from New Jersey has been families’ well-being? Mrs. BOXER. No, I do not. a leading voice in that whole area. I do Mrs. BOXER. I can only say to my Mr. LAUTENBERG. Well, I thank the not know how many months it has friend, we see an enormous amount of Senator because of her courage in been since the Vice President broke the passion, which I think, in the end, puts standing up against what I consider an tie there, when my friend had a very women in danger. It goes against the onslaught against the lives and well- important amendment up to close the basic right of privacy and the basic dig- being of women by those men who gun show loophole so people who are nity of women and their families in would stand here primarily and say: mentally unbalanced and people who their to make a personal decision. We No, Madam, you can’t do that because are criminals can no longer get guns at see a lot of emotion to end those according to my moral standard you a gun show to shoot up kids and shoot rights. But we do not see the same in- are wrong. up a school. tensity of emotion—we do not even get But the Senator does recall, as I do, Mr. LAUTENBERG. The Senator has the votes of those people—to make sure when we had votes to protect children mentioned we have drawings on the our children who are living beings, who from gunfire or protect children from a floor, of the horror that is involved in are going to school, have the protec- contaminated environment, the votes performing a surgical procedure. Aren’t tion they deserve to have. were not there from that side. surgical procedures generally unpleas- Mr. LAUTENBERG. Is the Senator Mrs. BOXER. My friend is correct. I ant to witness? aware, because we serve on the envi- want to say his series of questions and Mrs. BOXER. Absolutely. ronment committee together, of the comments have moved me greatly. I Mr. LAUTENBERG. I once saw an ap- threat to children’s health that is re- consider him a great Senator. pendix removed and saw a couple of sulting from the contamination of our Mr. LAUTENBERG. That is very people around me faint. It is never air quality? kind. pretty, but it is done for a purpose. Mrs. BOXER. Yes. I have authored a Mrs. BOXER. I only wish he would When a lung is removed, or a colon is bill called the Children’s Environ- stay here longer than he plans. removed, it is never a beautiful proce- mental Protection Act which would, in Mr. LAUTENBERG. Is the Senator dure. But the fact is, the person for fact, strengthen our laws. There are aware I have been a protector of chil- whom the procedure is done often is in very few cosponsors, I might add, from dren’s health by raising the drinking better health afterward. the other side of the aisle. But it is a age to 21? Has the Senator ever seen pictures of good law and would protect our chil- Mrs. BOXER. Yes. the kids jumping out of the windows at dren from hazardous waste and toxic Mr. LAUTENBERG. Does the Senator Columbine High School in Littleton, waste and make sure our standards are know we saved 14,000 children, 14,000 CO? elevated, because, when a child families from having to mourn the loss Mrs. BOXER. Yes, I say to my friend, breathes in dirty air and soot and of a little child or youngster in school? I think those are images that are in smog, et cetera, it has a much worse Mrs. BOXER. I am aware of that. everybody’s mind. impact than it does on a full-grown Mr. LAUTENBERG. The Senator Mr. LAUTENBERG. They are not adult. knows I tried to take away guns from drawings. Mr. LAUTENBERG. Has the Senator spousal and child abusers, and suc- Mrs. BOXER. They are real TV im- seen the recent news reports about ceeded by attaching an amendment to ages of children escaping gun violence. children, the numbers of children in- a budget bill that had to get through, Mr. LAUTENBERG. I know the Sen- creasingly becoming asthmatic, as a that was signed over the objections of ator’s home State is California. Did the result? our friends on the other side— Senator see the picture of the tiny Mrs. BOXER. Yes, I have. Mrs. BOXER. I recall. children being led hand-in-hand by po- Mr. LAUTENBERG. I have a daugh- Mr. LAUTENBERG. Almost unani- licemen and others trying to protect ter who is my third daughter. She is a mously. So I think the Senator, as she them from gunfire? superb athlete. She suffers from asth- said, knows I have credentials in terms Mrs. BOXER. Again, my friend is ma. It is a very painful thing to wit- of wanting to protect the children in evoking images I don’t think anyone in ness. our society. America will ever forget, of those chil- My sister was a board member at a Mrs. BOXER. Absolutely. dren grasping the hands of those po- school in Rye, NY, a school board in Mr. LAUTENBERG. Frankly, that is licemen in the hopes of being saved. Rye, NY. She was subject to asthmatic my main mission in being here. Mr. LAUTENBERG. Did the Senator attacks. One night at a school board So I conclude my questions by asking see the pictures from, I believe the city meeting—she carried a little machine the Senator if she will continue to was Fort Worth, TX, of those young she would plug into the cigarette light- fight no matter what is said— people praying together, reaching out er in the car to help her breathe—she anecdotally, hypocritically, falsely in to God? felt an attack coming on and she tried some cases—will she continue to fight Mrs. BOXER. Yes. to get to her car and she didn’t make this fight for the women of America? Mr. LAUTENBERG. Trying to cor- it. She collapsed in the parking lot, Mrs. BOXER. I say to my friend, he rect what imbalances they saw in life. went into a coma, and 2 days later had has asked me if I will continue to fight Did the Senator see the pictures of died. for the women of America. The answer those people? I have a grandson who has asthma is yes. I believe while I fight for them, Mrs. BOXER. I saw the horror, yes. and I have a daughter who has asthma. I am fighting for their families, for the Mr. LAUTENBERG. Did you see Does the Senator remember anything people who love them, their fathers, them crying and holding each other? that got support from the other side to their mothers, their grandfathers, their Mrs. BOXER. I did. protect lives by adding to the cleansing grandmothers, and their children. Mr. LAUTENBERG. Can the Senator of our environment by getting rid of I think underlying all this debate is tell me why it is we refused to identify the Superfund sites, the toxic sites that basic difference between myself those buyers of guns at gun shows around which children play and from and the Senator from Pennsylvania; here? In a vote we had here? We finally which they get sick? Does the Senator between the Senator from New Jersey eked out a vote, 51–50, that said we recall any help we got to protect those and the other Senators on the other

VerDate 12-OCT-99 03:25 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.095 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S12985 side of the aisle. I think it is about Mr. LAUTENBERG. Will the Senator tection, and killing that baby in a bar- basic respect of the women and the yield for a question? baric fashion, we can’t say that is families of this Nation. Mr. SANTORUM. I will be happy to wrong because that would be judging In concluding my remarks, because I yield. somebody else; we can’t judge anybody know the Senator from Illinois has Mr. LAUTENBERG. Did the Senator here. Who are we to judge anybody? been waiting very patiently, I will con- hear me say that I compared an abor- Welcome to America 1999. Welcome clude with a quote from three Justices. tion to a surgical procedure? Might I to the mainstream America 1999. Wel- I ask my friend from New Jersey to offer a correction to our colleague from come to the Peter Singers of the world. once more listen to their words. Pennsylvania? Read the New Yorker September 6 Mr. LAUTENBERG. I will hear them. Mr. SANTORUM. I hope the Senator issue. Read it when he says: Mrs. BOXER. I heard them yester- will. If a pregnant woman has inconclusive re- day. He said to me how touched he was Mr. LAUTENBERG. I said surgical sults from amniocentesis, Singer doesn’t see by them. I think it would be suitable to procedures are never pretty. I did not why she shouldn’t carry the fetus to term. quote them again, reminding everyone say abortions and appendectomies are Then, if the baby is severely disabled and the these are three Republican Justices of the same thing. Don’t distort the parents prefer to kill it, they should be al- the Supreme Court. RECORD, if the Senator will oblige me. lowed to. That way there would be fewer needless abortions and more healthy babies. In their decision upholding Roe v. Mr. SANTORUM. I think the RECORD Wade, this is what they said: speaks for itself. Welcome to America because here At the heart of liberty is the right to de- Mr. President, the Senator from Cali- you can find out if the baby is healthy fine one’s own concept of existence, of mean- fornia suggested this in her opening or not. If you want to kill it, you can. ing, of the universe, and of the mystery of comments: Banning this procedure of If not, you can deliver it. Welcome to human life. Beliefs about these matters taking a child who would otherwise be Peter Singer’s world. could not define the attributes of personhood born alive, taking it outside of the And you are not concerned about the were they formed under compulsion of the mother and killing the child is an ex- lines drawn in America? You are not State. treme view; banning this procedure is concerned we need to a have a bright The Senator from New Jersey and I an extreme view in America. line to prevent the Columbines in the and those of us in this body who voted Where have you gone, Joe DiMaggio? future? When the Senator from Cali- today to uphold Roe, and many of us This now defines ‘‘extreme.’’ Killing a fornia reads the Casey decision, doesn’t who will vote against the Santorum child, a living being outside of its she see Columbine in the Casey deci- bill, believe the State must not, should mother is now an extreme view in sion? What does the Casey decision say not be able to tell people in this coun- America. The mainstream view, ac- that she so proudly stands behind? ‘‘At try how to think, what to believe, and cording to the Senator from California, the heart of liberty is the right to de- especially what to do for themselves is the mother has the absolute, irref- fine one’s own concept of existence, of and their families when it comes to a utable right to destroy her child at any meaning, of the universe, and of the medical procedure. point in time for whatever reason. mystery of human life. . .’’ I thank the Chair. That is the mainstream view in Amer- A young boy in Littleton, CO, said The PRESIDING OFFICER. The Sen- ica. the same thing just before he shot 13 ator from Pennsylvania. Our Nation turns its eyes to you, Joe. people. He said: What I say goes; I am Mr. SANTORUM. Mr. President, I That is the mainstream view in Amer- the law. again appreciate the indulgence of the ica. So welcome to America; welcome This is what the Casey decision says. Senator from Illinois who has been in- to America 1999. Welcome to an Amer- It says each one of us has the right to credibly patient now for 50 minutes. ica with which Peter Singer, the new determine our own reality. We are the Let me make a couple points first to prophet of America, who is from Aus- law. We can do whatever we want to the Senator from California. She seems tralia, will feel most comfortable; do. to object to the term ‘‘anecdote’’ in re- Peter Singer, the philosopher who God help us. God help us if that is the ferring to the cases that were brought writes: law of the land. God protect us, if that here. I looked up the word ‘‘anecdote’’ Killing a disabled infant is not morally is the law of the land, from predators in the dictionary right at the leader’s equivalent to killing a person. Very often it who think they can do whatever they desk, the Standard College Dictionary. is not wrong at all. want to do to us because they are the Anecdote: A brief account of some inci- Welcome to America 1999 because law; they can define their own meaning dent; a short narrative of an interesting na- this is killing an infant, and the reason of existence. They can define their own ture. given is because it is not perfect, and meaning of the universe. They can de- I will put it over here and share it they say it is not morally wrong. And fine their own meaning of human life. with the Senator from California, and by the way, who are we to judge? Why God help us. if she finds that to be an offensive word is murder wrong if it is not morally And where does this decision come in describing what she has presented, I wrong? Is it because we have a number from? It comes from the poisonous well think we have gotten rather touchy. of votes that ban murder? Is that the of keeping procedures like this legal. The Senators from New Jersey and only reason, because the majority says Drink from it, America. Drink from it. California mentioned that the leading we think murder is wrong? Not morally I yield the floor. cause of death in California is gun vio- wrong because we can’t make moral Mr. SMITH of New Hampshire ad- lence among children. Wrong. The lead- judgments; God forbid we make a dressed the Chair. ing cause of death in California among moral judgment on the floor of the The PRESIDING OFFICER. The Sen- children is abortion. The Senator from Senate. Oh, no, who am I to tell you ator from New Hampshire. New Jersey said 13 children a day die of that murder is wrong? I mean, how AMENDMENT NO. 2324 TO AMENDMENT NO. 2323 gun violence. Mr. President, 4,000 chil- dare me. How can you tell me that (Purpose: to provide for certain disclosures dren a day die from abortions—4,000 murdering someone is wrong if it is not and limitations with respect to the trans- children die a day—that some say they based on some moral judgment? ference of human fetal tissue) want legal, safe, and ‘‘rare,’’ 4,000 a So, please, don’t come down here and Mr. SMITH of New Hampshire. Mr. day. say I have no right to impose moral President, I send a second-degree The Senator from New Jersey judgments. We do it every day in the amendment to the pending amendment equates the medical procedure of par- Senate. How many speeches do I hear to the desk. tial-birth abortion to the equivalent of that it is immoral not to provide The PRESIDING OFFICER. The an appendectomy. That is not an ap- health insurance? That is immoral, clerk will report. pendix, I say to my colleagues. this isn’t. That is immoral and this The legislative assistant read as fol- Mr. LAUTENBERG. Will the Senator isn’t. lows: yield? We can’t judge anybody. We can’t say The Senator from New Hampshire [Mr. Mr. SANTORUM. That is not a blob that taking a child almost born outside SMITH] proposes an amendment numbered of tissue. That is a living human being. of the mother, 3 inches from legal pro- 2324 to amendment No. 2323.

VerDate 12-OCT-99 03:25 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.097 pfrm01 PsN: S21PT1 S12986 CONGRESSIONAL RECORD — SENATE October 21, 1999 Mr. SMITH of New Hampshire. Mr. ‘‘(A) the identity of any physician, health Every time I think about partial- President, I ask unanimous consent care professional, or individual involved in birth abortion, I think of the observa- that the reading of the amendment be the provision of abortion services; tions which, I believe, capture the es- dispensed with. ‘‘(B) the identity of any woman who ob- sence of this debate. My esteemed col- The PRESIDING OFFICER. Without tained an abortion; and ‘‘(C) any information that could reason- league from Illinois, Representative objection, it is so ordered. ably be used to determine the identity of in- HENRY HYDE, asked: What kind of peo- The amendment is as follows: dividuals or entities mentioned in para- ple have we become that this procedure At the end of the Landrieu amendment, graphs (A) and (B). is even a matter of debate? add the following: ‘‘(6) Violation of this section shall be pun- He went on to say: You wouldn’t even SEC. ll. TRANSFERENCE OF HUMAN FETAL TIS- ishable by the fines of more more than $5,000 SUE. treat an animal, a mangy raccoon like per incident. this. Section 498N of the Public Health Service ‘‘(d) LIMITATION ON SITE FEES.—A facility Act (42 U.S.C. 289g-2) is amended— at which induced abortions are performed What is a partial-birth abortion? As (1) by redesignating subsections (c) and (d), may not require the payment of any site fee it has been described so thoroughly by as subsections (e) and (f), respectively; and by any entity to which human fetal tissue my colleague from Pennsylvania, and (2) by inserting after subsection (b), the that is derived from such abortions is trans- many others, it is a truly gruesome following: ferred unless the amount of such site fee is procedure. It is barbaric. It is chilling. ‘‘(c) DISCLOSURE ON TRANSPLANTATION OF reasonable in terms of reimbursement for FETAL TISSUE.— It is cruel. More than anything else, the actual real estate or facilities used by ‘‘(1) REQUIREMENT.—With respect to human what I would like to emphasize here is fetal tissue that is obtained pursuant to an such entity.’’. that it is inhumane. induced abortion, any entity that is to re- Mr. SMITH of New Hampshire. Mr. The medical term for this procedure ceive such fetal tissue for any purpose shall President, I yield the floor. is ‘‘intact dilation and extraction,’’ or file with the Secretary a disclosure state- Mr. FITZGERALD addressed the ‘‘intact D&E,’’ for short. I have also ment that meets the requirements of para- Chair. heard it referred to as ‘‘intrauterine graph (2). The PRESIDING OFFICER (Mr. cranial decompression.’’ What do these ‘‘(2) CONTENTS.—A disclosure statement SMITH of Oregon). The Senator from Il- meets the requirements of this paragraph if medical terms mean? linois. Briefly, what happens is this: The the statement contains— Mr. FITZGERALD. Mr. President, ‘‘(A) a list (including the names, addresses, abortionist turns the baby around in and telephone numbers) of each entity that thank you for this opportunity to be the womb so it is in the breech posi- has obtained possession of the human fetal heard. tion—feet first. The abortionist then tissue involved prior to its possession by the Mr. President, listening to my distin- pulls the baby out of the womb and filing entity, including any entity used sole- guished colleague from California, Sen- into the birth canal so all but its head ly to transport the fetal tissue and the ator BOXER, I thought back to earlier is outside the mother; thus, the term tracking number used to identify the pack- this year. We had an issue on which we aging of such tissue; ‘‘partial birth.’’ At this point, the abor- agreed; in fact, we have had a few this tionist takes out a sharp surgical in- ‘‘(B) a description of the use that is to be year. This isn’t one of them, however. made of the fetal tissue involved by the fil- strument, often a pair of scissors, and But earlier this year, Senator BOXER ing entity and the end user (if known); stabs the baby in the back of its head was very concerned about the inhu- ‘‘(C) a description of the medical procedure to create a hole. The abortionist then mane treatment of dolphins who are that was used to terminate the fetus from inserts a type of suction tube into the which the fetal tissue involved was derived; getting caught in tuna fishing nets. In hole and sucks out the baby’s brain. and the gestational age of the fetus at the fact, she spoke so eloquently on the Sucking out the baby’s brain causes time of death. cruel and inhumane treatment of dol- the skull to collapse, or implode, and ‘‘(D) a description of the medical procedure phins that I distinctly remember dur- the delivery can then be completed. that was used to obtain the fetal tissue in- ing that debate, I called home to see volved; I will read an excerpt from testimony how my family was doing, and my 7- ‘‘(E) a description of the type of fetal tis- given to Congress by Mrs. Brenda Pratt year-old boy answered the phone, and sue involved; Shafer, a registered nurse. While work- he said to me: Daddy, I hope you’re ‘‘(F) a description of the quantity of fetal ing for a temporary placement agency tissue involved; going to vote tonight to protect the in 1993, Mrs. Shafer was assigned to an ‘‘(G) a description of the amount of money, dolphins. And boy, when I heard that, I Ohio abortion clinic, where she was or any other object of value, that is trans- really took a careful look at Senator asked to assist with a partial-birth ferred as a result of the transference of the BOXER’s bill. I was inclined to support abortion on a woman who was just over fetal tissue involved, including any fees re- her already, but when I heard that ceived to transport such fetal tissue to the 6 months pregnant. Here is some of from my son, and I started to focus on end user; what Mrs. Shafer testified to Congress that debate, and the eloquence with ‘‘(H) a description of any site fee that was that she observed that day: paid by the filing entity to the facility at which she spoke, I wound up voting He delivered the baby’s body and arms, ev- which the induced abortion with respect to with her to support and protect those erything but his little head. The baby’s body the fetal tissue involved was performed, in- dolphins. was moving. His little fingers were clasping cluding the amount of such fee; and Mrs. BOXER. Would my friend yield together. He was kicking his feet. The baby ‘‘(I) any other information determined ap- for a question so I have a chance to was hanging there, and the doctor was hold- propriate by the Secretary. thank him for that support, and thank ing his neck to keep his head from slipping ‘‘(3) DISCLOSURE TO SHIPPERS.—Any entity out. The doctor took a pair of scissors and that enters into a contract for the shipment his son, and tell his son that I am going inserted them into the back of the baby’s of a package containing human fetal tissue to fight just as hard to protect the life head, and the baby’s arms jerked out in a described in paragraph (1) shall— and health of his mother and all the flinch, a startle reaction, like a baby does ‘‘(A) notify the shipping entity that the moms of this country and to make sure when he thinks he might fall. Then the doc- package to be shipped contains human fetal we protect the children as well. Thank tor opened up the scissors, stuck the high- tissue; you. powered suction tube into the hole [in the ‘‘(B) prominently label the outer pack- Mr. FITZGERALD. I would like to head] and sucked the baby’s brains out. The aging so as to indicate that the package con- encourage the Senator from California, baby went completely limp. Then, the doctor tains human fetal tissue; pulled the head out, and threw the baby into ‘‘(C) ensure that the shipment is done in a and others in the Senate, to maybe a pan. manner that is acceptable for the transfer of think about the humanity issue here as biomedical material; and we focus on the debate on partial-birth This is inhumane. You wouldn’t treat ‘‘(D) ensure that a tracking number is pro- abortion. an animal, a mangy raccoon like that. vided for the package and disclosed as re- Mr. President, I rise today as an In an attempt to somehow justify the quired under paragraph (2). original cosponsor of this bill, the Par- humaneness of this procedure, oppo- ‘‘(4) DEFINITION.—In this subsection, the tial-Birth Abortion Ban Act of 1999. I nents of a ban have cited the state- term ‘filing entity’ means the entity that is would like to thank Senator SANTORUM ments of a handful of medical profes- filing the disclosure statement required under this subsection. for sponsoring it again and for his sionals who contend that the unborn ‘‘(5) Nothing in this subsection shall per- forceful and eloquent arguments on be- baby is actually killed, or rendered mit the disclosure of— half of the innocent unborn. brain dead, prior to being extracted

VerDate 12-OCT-99 03:25 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.100 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S12987 from the womb by the anesthesia given pain of creatures with whom we share consent that the only amendments in to the mother. this Earth? The majestic animals that order be the pending Smith of New Mr. President, and my colleagues, are as much a part of God’s wonderful Hampshire amendment and the pending consider this: Professor Robert White, creation as we are. Wonderful animals Landrieu amendment, that they both director of the Division of Neuro- who add richness and texture to our be separate first-degree amendments, surgery and Brain Research at Case own experience of the planet. Animals and the votes occur in relation to these Western Reserve School of Medicine, whom we thank God for allowing us to amendments at 5:30 in the order listed, testified before a House committee sev- appreciate and admire. with 3 minutes prior to each vote for eral years ago that: The suffering of a bear or a deer can explanation. The fetus within this timeframe of gesta- lead many of us to say no to a steel- I further ask unanimous consent that tion, 20 weeks and beyond, is fully capable of jawed trap and a neck snare. But what following the votes described above, experiencing pain. about a scissor through the head and the bill be immediately advanced to He stated, regarding partial-birth neck of a child? What about sucking third reading and passage occur, all abortions: out a baby’s brain. without any intervening action or de- Without question, all of this is a dreadfully Mr. President, You wouldn’t treat an bate. painful experience for any infant subjected animal, a mangy raccoon like this. The PRESIDING OFFICER. Is there to such a surgical procedure. The Senate also acted this year to do objection? Dr. Norig Ellison, president of the more to fight the inhumane treatment Mrs. BOXER. Reserving the right to 34,000-member American Society of An- of dolphins. On July 22, I supported an object—and I will not object—can we esthesiologists, testified before Con- amendment offered by Senator BOXER be sure the 3 minutes are equally di- gress: to the fiscal year 2000 Commerce-Jus- vided between the two sides? I think the suggestion that the anesthesia tice-State appropriations bill to force Mr. GRASSLEY. That is our under- given to the mother, be it regional or gen- countries to pay their fair share of the standing. eral, is going to cause the brain death of the expenses of the Tuna Commission and Mrs. BOXER. Fine. That is fine with fetus is without basis of fact. delay the importation of tuna caught us. And finally, Dr. Martin Haskell, who using fishing methods that unneces- The PRESIDING OFFICER. Without has been called a ‘‘pioneer’’ in the use sarily harm and kill dolphin. During objection, it is so ordered. of the partial-birth abortion procedure, debate on this amendment, Senator Mr. GRASSLEY. Mr. President, in in 1993, stated: BOXER spoke eloquently of the thou- light of this agreement, there will then sands of dolphin killed each year by be three votes beginning at 5:30 p.m. . . . the majority of fetuses aborted this Mr. President, I suggest the absence way are alive until the end of the procedure. fishing methods that cruelly and un- of a quorum. He went on to say: necessarily harass, chase, encircle, maim, and kill dolphin that happen to The PRESIDING OFFICER. The . . . probably about a third of those are be swimming over schools of tuna. I ap- clerk will call the roll. definitely dead before I actually start to re- The legislative clerk proceeded to move the fetus. And probably the other two- preciated hers and others’ efforts in the name of humaneness. call the roll. thirds are not. Mr. NICKLES. Mr. President, I ask What kind of a people have we be- God has given us dominion over a wondrous planet, a beautiful blue unanimous consent that the order for come that this procedure is even a sphere that takes our breath away the quorum call be rescinded. matter of debate in the Senate? You when we see it silhouetted against the The PRESIDING OFFICER. Without wouldn’t treat an animal, a mangy rac- dark of the universe. And with that do- objection, it is so ordered. coon like that. Mr. NICKLES. Mr. President, for the To my colleagues today who are still minion we know comes a stewardship, a responsibility to appreciate, care, information of all colleagues, I believe seriously considering this debate, this and speak for God’s creation who can- there are going to be three rollcall is an issue of basic humaneness, and not speak for themselves. votes commencing at 5:30. So hopefully humaneness is an issue that many of I believe our Maker has touched our everybody will be present and we can us, on both sides, have often found human conscience with something that move the votes fairly rapidly. quite troubling. In my short time in makes us almost instinctively recoil I compliment the Senator from Penn- the Senate, I have joined a number of from causing unnecessary pain and suf- sylvania, Mr. SANTORUM, for the out- my colleagues on several occasions to fering to animals. I know there’s a ten- standing debate he has conducted on speak against the inhumane treatment der spot in the hearts of some who now the floor during the last couple of days. of animals. In fact, it wasn’t very long oppose a ban on this procedure. I know In addition, Senator SMITH and others, ago, during the debate on the Interior it’s there because I’ve seen it in de- I think, have presented a very compel- appropriations bill that I voted in sup- bates on the floor of this body. But I ling case that this procedure, the so- port of an amendment offered by Sen- don’t understand how those who can called partial-birth abortion procedure, ator TORRICELLI that would have pro- hear the howl of a wolf or the squeal of should be stopped. There is no medical hibited the use of funds in the Interior a dolphin, can be deaf to the cry of an necessity for it. It is not necessary to budget to facilitate the use of steel- unborn child. save the life of the mother under any jawed traps and neck snares for com- Mr. President, if people were sticking circumstances, according to experts merce or recreation in national wildlife scissors in the heads of puppies, we such as Dr. Koop, the American Med- refuges. would not abide it. In the name of com- ical Association, and others. It is a During the debate on this amend- mon decency and humanity, I implore gruesome, terrible procedure. It needs ment, my distinguished colleague from my colleagues not to let this happen to to be stopped. Nevada, Senator REID, described the our own young. We have laws on the books that pro- amendment as a ‘‘no-brainer.’’ My col- I yield the floor. tect unborn endangered species from league went on to say that ‘‘these traps Mr. SANTORUM. I suggest the ab- Oregon to Florida. We have fines and are inhumane. They are designed to sence of a quorum. penalties that if you destroy an ani- slam closed. The result is lacerations, The PRESIDING OFFICER. The mal, or an insect, you can be subjected broken bones, joint dislocations, and clerk will call the roll. to fines and penalties of thousands of gangrene.’’ In conclusion, Senator REID The legislative clerk proceeded to dollars. You can even go to jail for de- stated that ‘‘in this day and age, there call the roll. stroying the unborn of a particular is no need to resort to inhumane meth- Mr. GRASSLEY. Mr. President, I ask type of insect which happens to be clas- ods of trapping. . . .’’ And many of us unanimous consent that the order for sified as endangered. were persuaded. the quorum call be rescinded. Yet in this procedure, when we are And why were we persuaded? Why are The PRESIDING OFFICER. Without talking about a child who is partially we troubled by steel-jawed traps? Isn’t objection, it is so ordered. born, we won’t give it any protection it, Mr. President, because there’s some- UNANIMOUS CONSENT AGREEMENT whatsoever. We are talking about a thing in our gut that twists and turns Mr. GRASSLEY. Mr. President, on child, a human being. I know some peo- over the unnecessary suffering and behalf of the leader, I ask unanimous ple say, ‘‘It’s a fetus and not a child; it

VerDate 12-OCT-99 03:25 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.102 pfrm01 PsN: S21PT1 S12988 CONGRESSIONAL RECORD — SENATE October 21, 1999 is not a human.’’ Well, if we waited Again, I compliment the authors of not clear at this time what the situa- maybe 30 seconds, then it would be a the bill and state for the RECORD that tion would be with regard to Monday. child, or a human being, totally out- I urge all people, Members of Congress, We will have debate. We do have nomi- side the mother’s womb. I just find to vote for the legislation by the Sen- nations we want to clear. But we will that incredible that we are not going ator from Pennsylvania to protect un- be in communication with both sides of to offer at least some protection for born children who are three-fourths the aisle and notify the Members as these unborn children. born, or two-thirds born; give them soon as further decisions can be made. I want to allude to something else. protection—maybe not as much protec- AMENDMENT NO. 2324 There was a sense of the Senate passed tion as we give unborn animals under I ask for the yeas and nays on earlier today, and some people have the endangered species. Evidently, we amendment No. 2324. talked on it and said it reaffirms Roe v. are not going to do that, but let’s give The PRESIDING OFFICER. Is there a Wade, as the law of the land. That Roe them some protection. sufficient second? v. Wade is a great thing. There are a So let’s pass this bill. We can go to There is a sufficient second. couple of points about this I would like conference with the House, and we can The yeas and nays were ordered. to address. From a legislative stand- drop this sense-of-the-Senate resolu- Mrs. BOXER. Mr. President, as I un- point, we are the legislative body; we tion and pass the bill, and hopefully derstand it, we have a minute and a pass the laws of the land. The Supreme this time the President will sign it. half per side. Court is not supposed to legislate. I I yield the floor. The PRESIDING OFFICER. The Sen- read the Constitution. We all have a Mr. President, I suggest the absence ator from California is correct. copy. It says, in article I, section 1, of of a quorum. Mrs. BOXER. Mr. President, we are the Constitution: The PRESIDING OFFICER. The going to vote shortly on the Smith All legislative powers herein granted shall clerk will call the roll. amendment. be vested in a Congress of the United States, The bill clerk proceeded to call the I tried very hard to work with my which shall consist of a Senate and House of roll. colleague. There is one very serious Representatives. Mr. LOTT. Mr. President, I ask unan- flaw in his legislation which I fear All legislative powers. imous consent that the order for the could escalate the violence at health Then if you read through the conclu- quorum call be rescinded. care clinics all over this country. Now sion of the Constitution, in the 10th The PRESIDING OFFICER. Without it is illegal in any way to sell fetal tis- amendment it says: objection, it is so ordered. sue. We all support that ban. We have All of the rights and powers are reserved to Mr. LOTT. Mr. President, I under- voted on that ban. You cannot sell the States and to the people. stand we are ready now to do a series fetal tissue. It does not say in the case of abor- of three votes back to back. The Senator is concerned that this tion we give the Supreme Court the For the information of all Senators, sale, nonetheless, is taking place. He right to legislate. That is exactly what these votes will be the last votes of the wants certain disclosure as it relates to they did in Roe v. Wade. So now we day. this issue. In the course of that, he has have a sense of the Senate that says we It will be my intention to begin de- amended his legislation to deal with agree with Roe v. Wade. I wonder how bate on the African trade bill, which some of my problems by making sure many people have really looked at Roe includes, of course, the CBI enhance- that we can identify the woman who v. Wade. I thought I might introduce it ment provisions, immediately fol- agreed to donate that tissue for re- into the RECORD because it is a very lowing these votes. It is my hope that search. It won’t identify physicians. convoluted, poorly-drafted piece of leg- the Senate will begin debating and For that I am grateful. islation in which the Supreme Court le- amending the bill yet this evening be- The one area we couldn’t reach galized abortion. cause we do have some more time that agreement on had to do with the iden- The Supreme Court doesn’t have the we could keep working on this bill. tity of the health care facility in which constitutional power to legalize any- I had the opportunity this afternoon the woman had her legal and safe abor- thing. They don’t have the constitu- to talk to the President about this leg- tion. That will be subject to disclosure. tional power to pass laws. That is what islation. He is committed to being of Anyone could find out through a Free- they did. I was going to insert Roe v. assistance in any way he can to the dom of Information request where that Wade into the RECORD, but it is too Senate taking this bill up and passing clinic is. long, it has too many pages. I object to it in its present form. There have been 33 instances of vio- the Supreme Court legislating at any I have been working with the Demo- lence against health care facilities time, even if I agree with the legisla- cratic leader, the chairman and rank- since 1987. tive result. ing member of the committee, all of I really am sad that the Senator from If Congress wants to codify Roe v. whom support this legislation. New Hampshire was unable to protect Wade, let somebody introduce legisla- This is a free trade initiative that the confidentiality of these clinics. tion and let it go through the process. will be good for a America, good for the I urge my colleagues on both sides of Let’s have hearings. Does it make Caribbean Basin, and good for Africa. the aisle, please protect the identity of sense to have abortion legal, totally Assuming the Senate begins debate these clinics. We don’t want to have legal, without any restrictions whatso- on this bill, any votes relative to anyone calling up and finding out ever in the first trimester, and maybe amendments would be postponed to where they are. I am very fearful it little restrictions on the second tri- occur at a time determined by the ma- could escalate the violence. We cer- mester, and further on the third tri- jority leader after consultation with tainly don’t want to do that unwit- mester? Is that the way Congress would the Democratic leader. tingly. do it? If we are going to do it this way, On Monday, the Senate will be debat- Thank you very much. I will be urg- at least if the people don’t like the ing the African trade bill with the CBI ing a ‘‘no’’ vote. laws Congress passes, they would have provisions. The PRESIDING OFFICER. The Sen- some recourse. There is no recourse to I will propose to confirm six nomina- ator from New Hampshire. legislation dictated by the Supreme tions from the Executive Calendar. If Mr. SMITH of New Hampshire. Mr. Court. debate is necessary on these nomina- President, Senator BOXER and I made So I strongly object to the idea of the tions, that debate would also occur on an attempt to come to accommodation Supreme Court legislating. I think the Monday. on this amendment. We were not able sense of the Congress was a serious However, the votes, if necessary, to do that. mistake. I don’t know if I am going to would be postponed to occur on Tues- As you heard from my presentation be a conferee or not, but I will work day at 9:30 a.m. on the floor, we know that fetal body hard to make sure the sense of the Sen- I thank all Members, and will notify parts are being sold in violation of law. ate language is not included in any- each Senator as the voting situation Abortions may be induced in certain thing that will be reported out on this becomes clearer. ways, such as possibly partial birth, or bill. I think that would be a serious Based on what I said, I believe we perhaps even live births in order to mistake. will have only debate on Friday. It is have good fetal body tissue to sell.

VerDate 12-OCT-99 03:25 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.104 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S12989 This is a serious problem. Clearly, it Mrs. BOXER. I move to lay that mo- The PRESIDING OFFICER. Are there is a big industry. tion on the table. any other Senators in the Chamber de- This amendment requires disclosure The motion to lay on the table was siring to vote? of certain information prior to the agreed to. The result was announced—yeas 46, transfer of any of this fetal body tissue Mr. LOTT. Mr. President, I ask unan- nays 51, as follows: or parts in induced abortions. That is imous consent that the remaining [Rollcall Vote No. 339 Leg.] what it does. It is against the law to votes in this series be limited in length YEAS—46 sell fetal tissue for research. It is to 10 minutes each. Abraham Harkin Murkowski against Federal law. The PRESIDING OFFICER (Mr. Akaka Hatch Murray This amendment allows HHS to track BENNETT). Without objection, it is so Baucus Hollings Reed Biden Hutchison Reid these transfers to enforce current law. ordered. Boxer Jeffords Santorum You can donate tissue, but you can’t AMENDMENT NO. 2323, AS MODIFIED Breaux Kennedy Sarbanes sell it. It is being sold. We need the sun The PRESIDING OFFICER. There Bryan Kohl Schumer Cleland Landrieu Smith (OR) to shine in on this industry to find out are 3 minutes equally divided. Who Conrad Lautenberg Snowe what is happening. yields time? Daschle Leahy Specter It protects the privacy of all women Mrs. BOXER. Mr. President, as I un- DeWine Levin Torricelli undergoing abortions and the doctors derstand the unanimous consent agree- Dodd Lieberman Voinovich Dorgan Lincoln Wellstone 1 providing them. ment, Senator LANDRIEU will have 1 ⁄2 Durbin Lugar Wyden But this is something that is occur- minutes and the other side will have Feingold Mikulski Feinstein Moynihan ring within the industry. It is a very 11⁄2 minutes on her amendment, which I elaborate network of abortion pro- strongly support. NAYS—51 viders getting those body parts to a The PRESIDING OFFICER. That is Allard Edwards Kyl wholesaler who then in turn is selling correct. Ashcroft Enzi Lott those body parts to universities and Mrs. BOXER. Senator LANDRIEU has Bayh Fitzgerald McCain Bennett Frist McConnell 1 other research institutions. It simply 1 ⁄2 minutes. Bingaman Gorton Nickles let’s the light in. That is all it does. The PRESIDING OFFICER. The Sen- Bond Graham Robb The PRESIDING OFFICER. All time ator from Louisiana. Brownback Gramm Roberts Ms. LANDRIEU. I thank the Chair. Bunning Grams Rockefeller has expired. The question is on agree- Burns Grassley Roth ing to amendment No. 2324. On this Mr. President, we have been debating a Byrd Hagel Sessions question, the yeas and nays have been very contentious and emotional issue Campbell Helms Shelby ordered, and the clerk will call the roll. for many, many hours now. This debate Cochran Hutchinson Smith (NH) Collins Inhofe Stevens The legislative assistant called the will perhaps go on for some years to Coverdell Inouye Thomas roll. come as we try to resolve our many dif- Craig Johnson Thompson Mr. NICKLES. I announce that the ferences. It is a very tough issue for Crapo Kerrey Thurmond Senator from Rhode Island. (Mr. many families and for policymakers all Domenici Kerry Warner CHAFEE), the Senator from Florida (Mr. over our Nation. NOT VOTING—3 MACK), and the Senator from New This amendment is an attempt to Chafee Gregg Mack Hampshire (Mr. GREGG) are necessary help because whether you are for or The amendment (No. 2323), as modi- absent. against, pro-life or pro-choice, or some- fied, was rejected. The result was announced—yeas 46, where in the middle, we can say today The PRESIDING OFFICER. The nays 51, as follows: it is the sense of this Congress that we question is on the engrossment and the [Rollcall Vote No. 338 Leg.] want to help all families who have chil- third reading of the bill. YEAS—46 dren with birth defects or special The bill was ordered to be engrossed needs, regardless of their cir- Abraham Enzi McCain for a third reading and was read the Allard Fitzgerald McConnell cumstances. third time. Ashcroft Frist Murkowski It is a very tough situation when The PRESIDING OFFICER. Under Bennett Gorton Nickles families, even with a wanted preg- the previous order, there are 3 minutes Bond Gramm Roberts Breaux Grams Santorum nancy, have to sometimes make a very equally divided. Brownback Grassley Sessions tough decision that could result in The Senator from California. Bunning Hagel Shelby their financial ruin. We should step up Mr. KYL. Mr. President, the argu- Burns Hatch Smith (NH) to the plate, and that is what this ments against the Partial-Birth Abor- Campbell Helms Smith (OR) Cochran Hutchinson Thomas amendment does. tion Act keep changing. During pre- Coverdell Hutchison Thompson It simply says it is the sense of the vious consideration, for example, we Craig Inhofe Thurmond Senate that many families struggle heard from proponents of the procedure Crapo Kyl Voinovich that it was used in only rare and tragic DeWine Lott with very tough decisions and that we Domenici Lugar should fully cover all expenses related cases, so it would be wrong to ban it. to educational, medical, and respite Here is how the Planned Parenthood NAYS—51 care requirements of families with spe- Federation of America characterized Akaka Feinstein Mikulski partial-birth abortion in a November 1, Baucus Graham Moynihan cial-needs children. Bayh Harkin Murray I commend this to my colleagues and 1995 news release: ‘‘The procedure, dila- Biden Hollings Reed ask for their support. tion and extraction (D&X), is ex- Bingaman Inouye Reid The PRESIDING OFFICER. The Sen- tremely rare and done only in cases Boxer Jeffords Robb Bryan Johnson Rockefeller ator from Pennsylvania. when the woman’s life is in danger or Byrd Kennedy Roth Mr. SANTORUM. Mr. President, I in cases of extreme fetal abnormality.’’ Cleland Kerrey Sarbanes support the amendment, and I yield Planned Parenthood was not the only Collins Kerry Schumer back the remainder of my time. group to make such sweeping state- Conrad Kohl Snowe Daschle Landrieu Specter The PRESIDING OFFICER. All time ments at the time. Dodd Lautenberg Stevens has been yielded back. The question is But it did not take long for the story Dorgan Leahy Torricelli on agreeing to amendment No. 2323, as to unravel. On February 26, 1997, the Durbin Levin Warner modified. The yeas and nays have been New York Times reported that Ron Edwards Lieberman Wellstone Feingold Lincoln Wyden ordered. The clerk will call the roll. Fitzsimmons, executive director of the The legislative clerk called the roll. National Coalition of Abortion Pro- NOT VOTING—3 Mr. NICKLES. I announce that the viders, admitted he ‘‘lied in earlier Chafee Gregg Mack Senator from Florida (Mr. MACK), the statements when he said [partial-birth The amendment (No. 2324) was re- Senator from Rhode Island (Mr. abortion] is rare and performed pri- jected. CHAFEE), and the Senator from New marily to save the lives or fertility of Mr. LOTT. Mr. President, I move to Hampshire (Mr. GREGG) are necessarily women bearing severely malformed ba- reconsider the vote. absent. bies.’’ According to the Times, ‘‘He

VerDate 12-OCT-99 04:11 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.108 pfrm01 PsN: S21PT1 S12990 CONGRESSIONAL RECORD — SENATE October 21, 1999 now says the procedure is performed this procedure would be the only op- grapple in 1986 with the question of a far more often than his colleagues have tion to save the life of the mother and state’s power to put the health and sur- acknowledged, and on healthy women preserve the health of the woman.’’ vival of a viable fetus above the med- bearing healthy fetuses.’’ And of course, the American Medical ical needs of the mother, it has never Mr. Fitzsimmons told American Med- Association (AMA), on the eve of the directly addressed a law quite like [the ical News the same thing—that is, the Senate vote during the 105th Congress, Partial-Birth Abortion Ban Act].’’ vast majority of these abortions are endorsed the bill to ban the technique. Mr. President, neither Roe v. Wade performed in the 20-plus week range on According to the chairman of the nor any subsequent Supreme Court healthy fetuses and healthy mothers. AMA’s board of trustees, ‘‘it is a proce- case has ever held that taking the life He said, ‘‘The abortion rights folks dure which is never the only appro- of a child during the birth process is a know it, the anti-abortion folks know priate procedure and has no history in constitutionally protected practice. In it, and so, probably, does everyone peer reviewed medical literature or in fact, the Court specifically noted in else.’’ accepted medical practice develop- Roe that a Texas statute—one which We heard about the frequency of the ment.’’ made the killing of a child during the procedure from doctors who performed To those who call the Partial-Birth birth process a felony—had not been it. The Record of Bergen County, New Abortion Ban Act extreme, I ask: Is it challenged. That portion of the law is Jersey, published an investigative re- extreme to want to ban a procedure still on the books in Texas today. port revealing that far more of these that medical experts tell us is dan- Remember what we are talking about abortions were performed in New Jer- gerous and threatening to women? Or here: ‘‘an abortion in which the person sey and across the country than the are the extremists those who are so performing the abortion partially abortion lobby wanted Americans to radically pro-abortion that they defend vaginally delivers a living fetus before believe. even a such a dangerous and threat- killing the fetus and completing the Now, after the truth is exposed, we ening procedure? delivery.’’ That is the definition of a see an advertising campaign by a group What about those rarest of instances partial-birth abortion in the pending called the Center for Reproductive Law when it might be necessary to use this legislation. and Policy, claiming that it is the leg- dangerous procedure to save a woman’s So we are talking about a child islation that is deceptive and extreme. life? Those are provided for, despite whose body, save for his or her head, The claim is that the bill would pro- what President Clinton said when he has been delivered from the mother— hibit ‘‘some of the safest and most vetoed the Partial-Birth Abortion Ban that is, only the head remains unborn. commonly used medical procedures and Act on October 13, 1997. He said he did No matter what legal issues are in- risk the health and well-being of so because the bill did not contain an volved, I hope no one will forget that women.’’ Apparently out of conven- exception that ‘‘will adequately pro- we are talking about a live child who is ience, opponents have now flipped their tect the lives and health of the small already in the birth canal and indeed argument and claim the procedure is group of women in tragic cir- has been partially delivered. I dare say that, even if the Court common, not rare at all—which is what cumstances who need an abortion per- were somehow to find that a partially supporters of the legislation contended formed at a late stage of pregnancy to delivered child is not constitutionally avert death or serious injury.’’ all along. protected, the Partial-Birth Abortion On the issue of safety, they have been Let me read the language of the bill Ban Act could still be upheld under more consistent. They claim the proce- that was vetoed. This is language from Roe and Planned Parenthood of South- dure is safe, but here is what the the bill’s proposed section 1531. The eastern Pennsylvania v. Casey. Under former Surgeon General of the United ban, and I am quoting, ‘‘shall not apply both Roe and Casey, the government States, Dr. C. Everett Koop, had to say to a partial-birth abortion that is nec- may prohibit abortion after viability, essary to save the life of a mother on the subject. According to Dr. Koop, except when necessary to protect the whose life is endangered by a physical ‘‘partial-birth abortion is never medi- life or health of the mother. But the disorder, illness, or injury.’’ Identical cally necessary to protect a mother’s exception would never arise here be- language providing a life-of-the-mother health or future fertility. On the con- cause, as the experts tell us, this proce- trary, this procedure can pose a signifi- exception appears in this year’s version dure is never medically necessary. cant threat to both.’’ A threat to of the bill, S. 1629, as well. I do not Although I believe the law would be health and fertility. know how the language can be any upheld by the Court, I will concede We heard the same thing from other clearer. that no one can say with certainty how medical experts during hearings in the Mr. President, another charge now the Supreme Court will rule until it Judiciary Committee a few years ago. being made against this bill is that it has ruled. Until then, I suggest that we Dr. Nancy Romer, a practicing Ob-Gyn is unconstitutional. Of course, we all not use that as an excuse to avoid from Ohio, testified that in her 13 years can speculate about how the U.S. Su- doing what we believe is right. of experience, she never felt compelled preme Court might rule on the matter. The facts are on the table. The bill to recommend this procedure to save a The Eighth Circuit Court of Appeals re- includes a life-of-the-mother excep- woman’s life. ‘‘In fact,’’ she said, ‘‘if a cently struck down partial-birth abor- tion—an exception that would probably woman has a serious, life threatening, tion bans in Nebraska, Iowa, and Ar- never be invoked given that medical medical condition this procedure has a kansas, but a three-judge panel from experts tell us a partial-birth abortion significant disadvantage in that it the Fourth Circuit stayed an injunc- is never necessary to protect the life or takes three days.’’ tion against a similar Virginia law, health of a woman, and indeed may Even Dr. Warren Hern, the author of pending review by the full court. The even pose a danger to life and health. the nation’s most widely used textbook Fourth Circuit has yet to rule, but ob- Let us do what is right and put a stop on abortion standards and procedures, servers expect it to uphold the Virginia to what our colleague, Senator DANIEL is quoted in the November 20, 1995 edi- ban. PATRICK MOYNIHAN, has appropriately tion of American Medical News as say- Ultimately, the U.S. Supreme Court characterized as infanticide. Let us ing that he would ‘‘dispute any state- is going to have to rule on the ques- pass this bill. ment that this is the safest procedure tion, given the differing Circuit Court Mr. EDWARDS. Mr. President, I to use.’’ He called it ‘‘potentially dan- decisions. And as Harvard Law School enter this debate sad that partisan pol- gerous’’ to a woman to turn a fetus to Professor Lawrence Tribe noted in a itics has obstructed the effort of many a breech position, as occurs during a November 6, 1995 letter to Senator of us to address this problem in a partial-birth abortion. Dangerous, Mr. BOXER, there are various reasons ‘‘why meaningful way. Put simply, I oppose President. one cannot predict with confidence how partial-birth abortions. Indeed, I op- The American College of Obstetri- the Supreme Court as currently com- pose all late-term abortions unless cians and Gynecologists was quoted by posed would rule if confronted with they are necessary to save the life of Charles Krauthammer in a March 14, [the bill].’’ He noted that the Court has the mother or to avert grievous dam- 1997 column as indicating that there not had any such law before it. And he age to the physical health of the moth- are ‘‘no circumstances under which noted that ‘‘although the Court did er.

VerDate 12-OCT-99 03:25 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.066 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S12991 I have voted for the Durbin amend- health or a threat to her life. But I do exception when the life of the mother ment and will vote against the believe that we do have the authority is jeopardy. This bill clearly says that Santorum measure. One, the Durbin to ask that before a late-term abortion the ban on partial-birth abortions does proposal, has failed. The other will pass is performed it be determined that the not apply when such a procedure is the Senate but accomplish nothing. woman’s life or physical health are considered necessary to save the life of The Santorum bill suffers from a truly at stake. The Durbin amendment a mother whose life is endangered by a number of serious flaws. First, it is would accomplish this goal. It would physical disorder, illness or injury. clearly unconstitutional. The vast ma- bar, except in narrow circumstances So, even though many medical ex- jority of federal courts dealing with and under the advice and consent of perts insist that there is never any this issue have held so, and no amount two physicians, all late-term abortions. medical justification for partial-birth of wishful thinking can alter that fact. On balance, I believe that the dif- abortion, this bill permits it if the Second, even if it were constitutional, ficult question of abortion should be mother’s life in jeopardy. it would not stop a single abortion. Let left for a woman to decide in consulta- No one can deny that partial-birth me reiterate that: it would not stop a tion with her family, her physician and abortion is cruel. No one can deny that single abortion. It would simply spur her faith. However, once the fetus has it is patently inhumane. No one can doctors and women to seek other meth- reached viability, I believe that we do deny that it is grotesque. have a responsibility, and a constitu- ods to achieve the same goal. I urge my colleagues to support this tional ability, to protect the unborn Before explaining why the Santorum bill—support this ban. measure is unconstitutional, let me child. I believe that the Durbin amend- ment was the piece of legislation be- It is simply a matter of respect for elaborate on why it is ineffective. Long human life. before the procedure of partial-birth fore us that would have most effec- Mr. ENZI. Mr. President, I am proud abortion was developed, late-term, tively accomplish that goal. And so I today to join the Senator from Penn- postviability abortions were available have voted in its favor. sylvania and a large majority of my through alternative methods. Under Mr. BUNNING. Mr. President, it bog- other colleagues in support of S. 1692, the Santorum bill, which only prevents gles the mind to think that we are the Partial-Birth Abortion Ban Act of one particular procedure, physicians back here again, trying to convince the 1999. I urge my colleagues to join me in can simply revert to the use of other President that there is no place in this passing this bill by a sufficient margin more dangerous procedures if partial- nation for partial-birth abortions. to withstand President Clinton’s prom- birth abortion is banned. This bill will It is hard to believe that we are hav- ised veto. not end late-term abortions. It will ing to go through this exercise again We are debating an issue that has an simply force doctors to fall back on an- because this particular procedure is so important bearing on the future of this tiquated medical interventions that clearly barbaric. It is such a clear case Nation. Partial-birth abortion is a piv- will further endanger the lives and or genocide. In two Congresses now—during both otal issue because it demands that we health of women. Is that really what of which is served in the House of Rep- decide whether or not we as a civilized we want? resentatives—Congress has passed a In addition, 19 recent court rulings people are willing to protect that most ban of this barbaric procedure only to have determined that similar proposals fundamental of rights—the right to life see the President veto that ban and are unconstitutional. There is a strong itself. If we rise to this challenge and allow the killing to continue. safeguard the future of our Nation’s likelihood that this bill, if passed, will In both of these Congresses, the be struck down as unconstitutional ac- unborn, we will be protecting those House of Representatives voted to whose voices cannot yet be heard by cording to the precedent set by Roe v. override the President’s veto—but this Wade. As drafted this legislation is un- the polls and those whose votes cannot body did not. yet be weighted in the political proc- constitutionally vague and violates the Hopefully, we can change that. If not clear dictates of the Supreme Court. ess. If we fail in our duty, we will just- today—then maybe tomorrow or the ly earn the scorn of future generations Our objective should not be to pass di- next day—the next month—or the next visive legislation that has no chance of when they ask why we stood idly by year—because this is such a clear case and did nothing in the face of this na- ever becoming law. of human justice—moral justice—and And so I support the Durbin amend- tional infanticide. plain old humanity—we cannot ever We must reaffirm our commitment to ment. I believe it achieves a rare bal- give up until partial-birth abortions ance in the debate about abortion. It is the sanctity of human life in all its are banned across the land. stages. We took a positive step in that constitutional. It limits government It is really hard to believe that we direction two years ago by unani- interference in a woman’s most per- have to go through this exercise every mously passing legislation that bans sonal and important decisions. And it Congress because nobody—with a the use of federal funds for physician- provides a framework for dealing with straight face and clear conscience—can assisted suicide. We can take another the late-term abortions—including par- stand up and defend this procedure. step toward restoring our commitment tial birth abortions—that the so many The only way anyone can justify it is to life by banning partial-birth abor- of us struggle to find sense in. to say that—hey, it doesn’t matter— tions. I have spoken with women who have because not that many partial birth had late-term abortions. They strug- abortion are actually performed. They In this barbaric procedure, the abor- gled mightily with their God and their say that partial birth abortions are tionist pulls a living baby feet first out consciences. They made their decisions only utilized in cases when the moth- of the womb and through the birth with their husbands, their families and er’s life is in jeopardy. canal except for the head, which is their doctors. And they alone con- And we know this just isn’t true. We kept lodged just inside the cervix. The fronted the awful moment when hope know that some of the most ardent and abortionist then punctures the base of for a new life collided with terror about visible defenders of abortion have actu- the skull with long surgical scissors the fate of their own life. I can never ally lied about the numbers. It’s not and removes the baby’s brain with a understand that conflict. But I believe just a few hundred a year—it is thou- powerful suction machine. This causes that the Durbin amendment offers a sands. the head to collapse, after which the bridge between those women and all of But the numbers really shouldn’t abortionist completes the delivery of us who try to understand how or why a make any difference. If it is wrong and the now dead baby. I recount the grisly woman might choose to have a late- inhumane we should ban it—whether it details of this procedure only to re- term abortion. affects one or one million. mind my colleagues of the seriousness I simply do not believe that Senators But misleading facts about the num- of the issue before the Senate. We must or any government representative has bers—trying to downplay the preva- help those unborn children who are un- the authority or expertise to determine lence and the frequency of the proce- able to help themselves. that a partial-birth or late-term abor- dure—are no justification at all. Opponents have argued that this pro- tion will never be necessary to prevent This bill does not ignore the health cedure is necessary in some cir- severe injury to a woman’s physical needs of women. It clearly makes an cumstances to save the life of the

VerDate 12-OCT-99 04:11 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.119 pfrm01 PsN: S21PT1 S12992 CONGRESSIONAL RECORD — SENATE October 21, 1999 mother or to protect her health or fu- but I have also been impressed with every minute of every day. The only ture fertility. These arguments have no what doctors do not know. That is not problem she had was that the isolette foundation in fact. First, this bill pro- a new revelation for me. hum wiped out a range of tones for her, vides an exception if the procedure is Over 26 years ago, a long time ago, so she cannot hear the same way that necessary to save the life of the mother my wife and I were expecting our first you and I do. But she can lip read very and no alternative procedure could be child. Then one day early in the sixth well, which, in the classroom, is very used for that purpose. Moreover, lead- month of pregnancy, my wife starting good if the kids are trying to whisper. ers in the medical profession including having pains and contractions. We took But that has given me an appreciation former Surgeon General C. Everett her to the doctor. The doctor said, ‘‘Oh, for all life and that experience con- Koop have stated unequivocally that you may have a baby right now. We tinues to influence my vote now and on ‘‘Partial-birth abortion is never medi- know it’s early and that doesn’t bode all issues of protecting human life. cally necessary to protect a mother’s well. We will try to stop it. We can Life is such a miracle that we have to health or her future fertility. On the probably stop it.’’ I had started storing respect it and work for it every single contrary, this procedure can pose a sig- up books for my wife for 3 months day in every way we can. I think this nificant threat to both.’’ waiting for the baby to come. However, bill will help in that effort, and I ask A coalition of over 600 obstetricians, the baby came that night, weighing for your support for this bill. perinatologists, and other medical spe- just a little over 2 pounds. The doctor’s I thank the Chair and yield the floor. cialists have similarly concluded there advice to us was to wait until morning Mr. BINGAMAN. Mr. President, I be- is no sound medical evidence to sup- and see if she lives. They said they lieve that late-term abortion proce- port the claim that this procedure is didn’t have any control over it. dures should be used as sparingly as ever necessary to protect a woman’s fu- I could not believe the doctors could possible, when all other options have ture fertility. These arguments are of- not stop premature birth. Then I could been ruled out. But I do believe that it fered as a smoke-screen to obscure the not believe that they could not do should be permitted as a last resort, fact that this procedure results in the something to help this newborn baby. and that when doctors judge it nec- essary to save a woman’s life or to taking of an innocent life. The practice Until you see one of those babies, you avert grievous injury to the physical of partial birth abortions has shocked will not believe what a 6-month-old health of the mother, they should not the conscience of our nation and it baby looks like. At the same time my be subject to criminal prosecution. must be stopped. wife gave birth to our daughter, an- Even the American Medical Associa- other lady gave birth to a 10-pound That is why I cosponsored the Durbin tion has endorsed this legislation. In a baby. This was a small hospital in Wy- amendment. This amendment outlaws all post-viability abortions, regardless letter to the chief sponsor of this bill, oming so they were side by side in the of the procedure used, except to save Senator SANTORUM, the AMA explained nursery. the life of the mother or avert grievous ‘‘although our general policy is to op- Some of the people viewing the other injury to her physical health. It also pose legislation criminalizing medical baby said, ‘‘Oh, look at that one. Looks requires that both the attending physi- practice or procedure, the AMA has like a piece of rope with some knots in cian and an independent non-treating supported such legislation where the it. Too bad.’’ And we watched her grasp physician certify in writing that, in procedure was narrowly defined and and gasp for air with every breath, and their medical judgment, the continu- not medically indicated. The Partial- we watched her the whole night to see ation of the pregnancy would threaten Birth Abortion Ban Act now meets if she would live. And we prayed. the mother’s life or risk grievous in- both these tests . . . Thank you for the Then the next day they were able to jury to her physical health. Grievous opportunity to work with you towards take this baby to a hospital which pro- injury is defined as (1) a severely de- restricting a procedure we all agree is vided excellent care. She was supposed to be flown to Denver where the best bilitating disease or impairment spe- not good medicine.’’ cifically caused or exacerbated by the I have based my decision on every care in the world was available, but it pregnancy or (2) an inability to provide bill that has come before this body on was a Wyoming blizzard and we necessary treatment for a life-threat- what effect it will have on those gen- couldn’t fly. So we took a car from Gil- ening condition, and is limited to con- erations still to come. We in the Sen- lette, WY, to the center of the State to ditions for which termination of the ate have deliberated about what steps Wyoming’s biggest hospital, to get the pregnancy is medically indicated. we can take to make society a better best kind of care we could find. We ran The underlying legislation, on the place for our families and the future of out of oxygen on the way. We had the other hand, would not prevent a single our children. We as Senators will cast highway patrol looking for us and all late-term abortion as it is written. It no vote that will more directly affect along the way, we were watching every only seeks to outlaw one procedure, the future of our families and our chil- breath of that child. which is broadly and vaguely defined. dren that the vote we cast on this bill. After receiving exceptional care the The term partial birth abortion is a po- When I ran for office, I promised my doctor said, ‘‘Well, another 24 hours litical term, not a medical one. In fact, constituents I would protect and de- and we will know something.’’ After this legislation is written so vaguely fend the right to life of unborn babies. that 24 hours there were several times that it is highly likely to be declared The sanctity of human life is a funda- we went to the hospital and there was unconstitutional. In 19 of 21 states con- mental issue on which we as a nation a shroud around the isolette. We would sidering legislation similar to this leg- should find consensus. It is a right knock on the window, and the nurses islation, courts have partially or fully which is counted among the would come over and say, ‘‘It’s not enjoined the laws. These decisions have unalienable rights in our Nation’s Dec- looking good. We had to make her been made by judges who have been ap- laration of Independence. We must rise breathe again.’’ Or, ‘‘Have you had the pointed by every President from Presi- today to the challenge that has been baby baptized?’’ We had the baby bap- dent Reagan on. laid before us of protecting innocent tized in the first few minutes after Further, Mr. President, the Constitu- human life. I urge my colleagues to birth. But that child worked and strug- tion protects a woman’s right to make join me in casting a vote for life by gled to live. She was just a 6-month- decisions about her pregnancy up to supporting the Partial Birth Abortion old-3 months premature. the point that the fetus is viable. The Ban Act. We went through 3 months of waiting bill before us, and similar state bills, All of us in this body have had sig- to get her out of the hospital. Each are vague and broad enough that this nificant life experiences that help to step of the way the doctors said her basic right is not protected, according shape our political philosophies. Nearly ability to live isn’t our doing. It gave to the vast majority of judges ruling on 4 years ago, I had a torn heart valve me a new outlook on life. Now I want these laws. and was rushed to the hospital for to tell you the good news. The good For these reasons, I support the Dur- emergency surgery. I had never been in news is that the little girl is now an bin amendment and oppose the under- a hospital except to visit sick folks be- outstanding English teacher in Wyo- lying bill. fore. I have to tell you that I am im- ming. She is dedicated to teaching sev- Mr. LEVIN. Mr. President, the Su- pressed with what they were able to do, enth graders English, and she is loving preme Court has ruled that a ban on all

VerDate 12-OCT-99 03:25 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.041 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S12993 abortions after viability is permitted tablished in that 1973 decision and Some would argue that abortion, in- under the Constitution, providing the upheld by court cases since 1973. I un- cluding partial-birth abortion, is a ban contains an exception to protect derstand many people disagree with my matter of choice—a woman’s choice. the life and health of the woman. position. This issue has been conten- Respectfully, I must disagree. S. 1692 does not meet that test be- tious since I came to Congress in 1975. What about the choice of the unborn cause the exception it provides for does Second, with the Roe decision, the baby? Why does a defenseless, innocent not include constitutionally required Supreme Court wisely gave states the child not have a choice in their own language relative to a woman’s health. responsibility to restrict third-tri- destiny? The Supreme Court has also held mester abortions, so long as the life or Some may answer that the unborn that states may not ban pre-viability health of the mother were not jeopard- baby is merely a fetus and is not a abortions. S. 1692 bans a specific abor- ized. As of 1999, all but ten states have baby until he or she leaves the moth- tion procedure that is not limited to done so. To me, the rights of states to er’s womb. Again, I disagree, particu- post-viability abortions and therefore regulate abortions, when the life or larly, in the case of infants who are would ban certain pre-viability abor- health of the mother are not in danger, killed by partial-birth abortions. tions, also making it unconstitutional. is an adequate safeguard. In the event Most partial-birth abortions occur on In fact, 19 out of 21 state laws similar the states pass unconstitutional regu- babies who are between 20 and 24 weeks to S. 1692 have been held unconstitu- lations on this point, the appropriate old. Viability, ‘‘the capacity for mean- tional by the courts, including a Michi- remedy is with the courts. I realize ingful life outside the womb, albeit gan statute. In Michigan, the U.S. Dis- that this policy leads to differences in with artificial aid’’ as defined by the trict Court has held that: law from state to state, but just as United States Supreme Court, is con- sidered by the medical community to [T]he Michigan partial-birth abortion stat- families differ, so too do states. As has ute must be declared unconstitutional and been said before during the debate on begin at 20 weeks for an unborn baby. enjoined because, under controlling prece- this issue: Most, if not all, of the babies who are dent, it is vague and over broad and uncon- When the Roe v. Wade decision acknowl- aborted by the partial-birth procedure stitutionally imposes an undue burden on a edged a state interest in fetuses after viabil- could be delivered and live. Instead, woman’s right to seek a pre-viability second ity, the Court wisely left restrictions on they are partially delivered and then trimester abortion . . . post-viability abortions up to states. There murdered. These children are never The American College of Obstetri- are expert professional licensing boards, ac- given a choice or a chance to live. cians and Gynecologists has contin- creditation councils and medical associa- Today, we have to make a choice. We tions that guide doctors’ decision-making in ually expressed deep concern about leg- can choose to protect our nation’s the complicated and difficult matters of life most valuable resource—our children. islation prohibiting the intact D&X and death. procedure, which is the technical name We can choose to give a tomorrow full Third, the legislation before us would of endless possibilities to unborn chil- for the so-called partial birth abortion prevent doctors from using the D&X procedure. They have urged Congress dren throughout our nation. We can procedure where it is necessary to save choose to save thousands from being not to pass legislation criminalizing the life of the mother. This clearly this procedure and not to supersede the murdered at the hands of abortionists. goes against the holding of the Su- Or we can choose to allow this bar- medical judgment of trained physi- preme Court in Roe, as it required the cians. They have stated the legislation, baric procedure to continue, permit- health of the mother be safeguarded ting doctors to kill more innocent, un- ‘‘continues to represent an inappro- when states regulate late-term abor- priate, ill advised and dangerous inter- born children. tions. I will not vote for a bill that is We each have a choice, a choice vention into medical decision-making. neither Constitutional, nor takes into which unborn children are denied. We The amended bill still fails to include account those situations where car- must make the right choice when we an exception for the protection for the rying a fetus to term would cause seri- vote today—the choice to save thou- health of the woman.’’ ous health risk for the mother. This is sands of unborn children by banning Principally for these reasons, I op- simply unacceptable. My vote in 1997, partial birth abortions in this country. pose this legislation. I supported an al- in favor of the Feinstein substitute Today, I will choose to protect the ternative bill which would ban all post- amendment underscored my commit- unborn child. Today, I will once again viability abortions, regardless of the ment to safeguarding a doctor’s op- cast my vote to ban partial birth abor- procedure used, except in cases where tions to protect the health of the tions. it is necessary to protect a woman’s mother in cases where a late-term pro- I want to reiterate my strong support life or health. I think that approach is cedure is necessary. for this bill and my unequivocal and preferable to S. 692 which would crim- Finally, I believe that women who long-standing opposition to the prac- inalize the procedure and which fails to choose to undergo a D&X procedure do tice of partial birth abortion. I find it protect a woman’s health. However, it so for grave reasons. We have estab- disconcerting that a few people are at- would be even more preferable to leave lished a delicate legal framework in tempting to dilute my unequivocal sup- this matter to the states which already which to address late-term abortions port for banning this horrific procedure have the right to ban postviability and we should not shift the decision as well as to cast doubt on my long abortions by any method, as long as making to the federal government. standing commitment to protecting the ban meets the constitutional ∑ Mr. MCCAIN. Mr. President, we are the life of unborn children merely be- standard. not here today to debate the legality of cause of my vote on a procedural mo- Mr. JEFFORDS. Mr. President, today abortion. We are here to discuss ending tion. we once again are debating legislation partial-birth abortion—a particularly Yesterday, I voted against a par- to ban the dilation and extraction, or gruesome procedure that would be out- liamentary maneuver designed solely D&X, procedure used by doctors. I am lawed today but for the President’s to end debate on S. 1593, the campaign again opposed to this legislation and veto last year of a national ban. finance reform bill. This was an unnec- will once again be voting against this Banning partial-birth abortion goes essary move since a unanimous consent ban for the fifth time in as many years. far beyond traditional pro-life or pro- agreement had been offered, with no My reasons for opposing this legisla- choice views. No matter what your per- known opposition, which would have tion are many. Most have been dis- sonal opinion regarding the legaliza- allowed the chamber to temporarily cussed on the floor during the many de- tion of abortion, we should all be ap- lay aside the campaign finance reform bates on this difficult issue. First, and palled and outraged by the practices of bill so that the Senate could consider most importantly I believe that this partial-birth abortions. This procedure the partial birth abortion ban legisla- bill undermines the Supreme Court’s is inhumane and extremely brutal en- tion. Under that procedure, when the decision in Roe v. Wade to leave these tailing the partial delivery of a healthy Senate finished its work on the impor- critical matters in the hands of a baby who is then killed by having its tant bill banning partial birth abor- woman, her family and her doctor. The vibrant brain stabbed and suctioned tions, we could then return to complete pending legislation is an effort to chip out of the skull. the debate on campaign finance re- away at these reproductive rights es- This is simply barbaric. form. Instead, the opponents of

VerDate 12-OCT-99 03:25 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.121 pfrm01 PsN: S21PT1 S12994 CONGRESSIONAL RECORD — SENATE October 21, 1999 McCain-Feingold forced a vote on a and Nebraska—were unconstitutional. in trying to seek passage of this meas- maneuver which returned the bill to In the opinion on the Nebraska law, ure. Few people can speak on this issue the Senate calendar, effectively cut- the court specifically held that, ‘‘Under with the same passion and depth of un- ting off the debate, well short of the controlling precedents laid down by the derstanding as Senator SANTORUM. time promised to consider this impor- Supreme Court, [the] prohibition As we face this vote today, it is clear tant issue. places an undue burden on the right of that the majority of the Senate sup- In no way does my vote yesterday women to choose whether to have an ports this bill. It is a bipartisan effort. and strong support for campaign fi- abortion.’’ The hope we have, however, in the face nance reform reduce my unequivocal, The conclusion is obvious. The sup- of an inevitable veto, is that a number long-standing opposition to abortion, porters of the Santorum bill would sufficient to override this veto will including the practice of partial birth rather have an issue than a law. They vote in favor of this bill. abortion. I am a cosponsor of this legis- have rejected compromise after com- Mr. President, I have spoken in past lation, as I was in previous years. I promise. They have ignored President years on this important legislation. As have voted 5 times over the past 5 Clinton’s plea to add an exemption for chairman of the Senate Judiciary Com- years to ban this repugnant and unnec- ‘‘the small number of compelling cases mittee, I chaired a major hearing on essary procedure, including 2 votes to where selection of the procedure, in the this bill several years ago, and the overturn the President’s veto of this medical judgment of the attending graphic description of this procedure legislation. When the Senate votes physician, was necessary to preserve and the testimony I heard was compel- today on S. 1692, I will again vote for the life of the woman or avert serious ling, even chilling. the ban. adverse consequences to her health.’’ This bill presents, really, a very nar- Mr. President, I am pro-life and will In doing so, the Republican leader- row issue: whether one rogue abortion continue fighting for measures which ship has chosen to ignore the Constitu- procedure that has probably been per- protect our nation’s unborn children tion. They are also ignoring the large formed by a handful of abortion doc- and provide them with an opportunity number of medical professionals who tors in this country, that is never for life—the greatest gift each of us oppose this legislation, including the medically necessary, that is not the has.∑ American College of Obstetricians and safest medical procedure available Mr. KENNEDY. Mr. President, for Gynecologists, the American Nurses under any circumstances, and that is the fifth time in the past two years, Association, and the American Medical morally reprehensible, should be the Republican leadership has chosen Women’s Association. The American banned. to debate and vote on legislation that Medical Association—which once en- This bill does not address whether all abortions after a certain week of preg- President Clinton has vetoed twice and dorsed the bill—no longer supports it. nancy should be banned or whether that numerous courts have ruled un- The AMA withdrew its support after late-term abortions should only be per- constitutional. No matter how often independent investigators hired by the mitted in certain circumstances. It the Senate votes, the facts will remain organization concluded that, ‘‘rather bans one particular abortion procedure. the same. This bill is unconstitu- than focusing on its role as steward for the profession and the public health I chaired the Judiciary Committee tional—it’s a violation of the Supreme hearing on this bill that was held on Court’s decisions in Roe v. Wade and . . . the board . . . lost sight of its re- sponsibility for making decisions November 17, 1995. After hearing the Planned Parenthood v. Casey, and the testimony presented there as well as Senate should oppose it. which, first and foremost, benefit the patient and protect the physician-pa- seeing some of the submitted material, The Roe and Casey decisions prohibit I must say that I find it difficult to Congress from imposing an ‘‘undue bur- tient relationship.’’ Most important, in its effort to pass comprehend how any reasonable person den’’ on a woman’s constitutional right could examine the evidence and con- to choose to have an abortion at any this legislation, the Republican leader- ship has ignored the tragic situations tinue to defend the partial-birth abor- time up to the point where the devel- tion procedure. oping fetus reaches the stage of viabil- in which some women find them- selves—women like Eileen Sullivan, That procedure involves the partial ity. Congress can constitutionally delivery of an intact fetus into the limit abortions after the stage of via- Erica Fox, Vikki Stella, Tammy Watts, and Viki Wilson. Women like Coreen birth canal. The fetus is delivered from bility, as long as the limitations con- its feet through its shoulders so that tain exceptions to protect the life and Costello, who testified before the Sen- ate Judiciary Committee and told us only its head remains in the uterus. the health of the woman. Then, either scissors or another instru- This bill fails that constitutional that she consulted with numerous med- ical experts and did everything possible ment is used to poke a hole in the base test in two clear ways. It clearly im- of the skull. This is a living baby at poses an undue burden on a woman’s to save her child. She later had the procedure that would be banned by this this point, in a late trimester of living. constitutional right to an abortion in Once the abortionist pokes that hole in legislation, and, based on that experi- cases before viability. In cases after vi- the base of the skull, a suction cath- ence, she told the Committee the fol- ability, it clearly does not contain the eter is inserted to suck out the brains. lowing: constitutionally required exception to This bill would simply ban that proce- protect the mother’s health. I hope you can put aside your political dif- ferences, your positions on abortion, and dure. Supporters of this legislation are fla- The committee heard testimony from grantly defying these constitutional your party affiliations and just try to re- member us. We are the ones who know. We a total of 12 witnesses presenting a va- requirements, and they know it. Simi- are the families that ache to hold our babies, riety of perspectives on the bill. I lar laws have been challenged in 21 of to love them, to nurture them. We are the wanted to ensure that both sides of this the 30 states where they have been families who will forever have a hole in our debate had a full opportunity to passed, and the results are clear. In 20 hearts. . . . please put a stop to this terrible present their arguments on this issue, states, laws have been blocked or se- bill. Families like mine are counting on you. and I think that the hearing bore that verely limited by the courts or by state For all of these reasons, I oppose the out. legal action. Eighteen courts have Santorum bill. We should stand with Brenda Shafer, a registered nurse issued temporary or permanent injunc- Coreen Costello and others like her, who worked in Dr. Martin Haskell’s tions preventing the laws from taking who with their doctors’ advice, must Ohio abortion clinic for 3 days as a effect because of constitutional de- make these tragic decisions to protect temporary nurse in September 1993, fects. One court and one attorney gen- their lives and their health. testified to her personal experience ob- eral have limited enforcement of the Mr. HATCH. Mr. President, I rise serving Dr. Haskell performing the pro- law. Of the states where the laws have today in strong support of S. 1692, the cedure that would be banned by this been blocked, six have statutes iden- Partial Birth Abortion Ban Act. At the bill. Dr. Haskell is one of only a hand- tical to the Santorum bill. outset, I would like to thank the Sen- ful of doctors who have acknowledged Recently, the Eighth Circuit Court of ator from Pennsylvania, Senator performing the procedure. Appeals ruled that laws in three states SANTORUM, for his great efforts here The committee also heard testimony under its jurisdiction—Arkansas, Iowa, this week, and over the past few years, from four ob-gyn doctors—two in favor

VerDate 12-OCT-99 03:25 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.047 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S12995 of the bill and two against—from an the Judiciary Committee hearing Mr. President, if this description is anesthesiologist, from an ethicist, and wrote: distasteful, that is because the proce- from three women who had personal The fetus dies of an overdose of anesthesia dure itself is. experiences either with having a late- given to the mother intravenously. A dose is That is also consistent with evidence term abortion or with declining to calculated for the mother’s weight, which is provided by Dr. Haskell describing his have a late-term abortion. Finally, the 50 to 100 times the weight of the fetus. The use of the procedure. In his 1992 paper committee also heard from two law mother gets the anesthesia for each inser- presented before the National Abortion tion of the dilators, twice a day. This in- professors who discussed constitutional Federation, which is part of the hear- duces brain death in a fetus in a matter of ing record, Dr. Haskell described the and other legal issues raised by the minutes. Fetal demise therefore occurs in bill. the beginning of the procedure while the procedure as first involving the for- The hearing was significant in that it fetus is still in the womb. ceps-assisted delivery into the birth permitted the issues raised by this bill When that statement was referenced canal of an intact fetus from the feet to be fully aired. I think that the most to the medical panel at the Judiciary up to the shoulders, with the head re- maining in the uterus. He does not de- important contribution of the hearing Committee hearing by Senator ABRA- scribe taking any action to kill the to this debate is that the hearing HAM, the president of the American So- record puts to rest a number of inac- ciety of Anesthesiologists, Dr. Norig fetus up until that point. In a 1993 interview with the Amer- curate statements that have been made Ellison, flatly responded, ‘‘There is ab- ican Medical News, Dr. Haskell ac- by opponents of the bill and that have solutely no basis in scientific fact for knowledged that roughly two-thirds of unfortunately been widely covered in that statement.’’ the press. The American Society of Anesthe- the fetuses he aborts using the partial- birth abortion procedure are alive at Because the Judiciary Committee siologists was invited to testify at our the point at which he kills them by in- hearing brought out many of the facts hearing precisely to clear up this obvi- serting a scissors in the back of the on this issue, I would like to go ous misrepresentation. They sought head and suctioning out the brain. through the most important of those the opportunity to set the record for my colleagues to clear up what I Finally, in a letter to me dated No- straight. vember 9, 1995, Dr. Watson Bowes of the think have been some of the major mis- What was terribly disturbing about University of North Carolina Medical representations—and simply points of this distortion was that it could endan- School wrote, ‘‘Although I have never confusion—on this bill. ger women’s health and women’s lives. witnessed this procedure, it seems like- The first and foremost inaccuracy The American Society of Anesthesiol- ly from the description of the proce- that we must correct once and for all ogists has made clear that they do not dure by Dr. Haskell that many if not concerns the effects of anesthesia on take a position on the legislation, but the fetus of a pregnant woman. I must all of the fetuses are alive until the that they came forward out of concern scissors and the suction catheter are say that I am personally shocked at for the harmful misinformation. the irresponsibility that led some oppo- used to remove brain tissue.’’ The spreading of this misinformation Simply put, anesthesia given to a nents of this bill to spread the myth strikes me as a very sad commentary mother does not kill the baby she is that anesthesia given to the mother on the lengths that those who support carrying. during a partial-birth abortion is what abortion on demand, for any reason, at Let me move on to the next mis- kills the fetus. virtually any time during pregnancy representation. Another myth that the Opponents of the measure presum- and apparently regardless of the meth- hearing record debunks is that the pro- ably wanted to make this procedure ap- od, will do to defend each and any pro- cedure can be medically necessary in pear less barbaric and make it more cedure, and certainly this procedure. late-term pregnancies where the health palatable. In doing so, however, they The sacrifice of intellectual honesty is of the mother is in danger or where the have not only misrepresented the pro- very disheartening. fetus has severe abnormalities. cedure, but they have spread poten- As Dr. Ellison testified, he was Now, there were two witnesses at the tially life-threatening misinformation ‘‘Deeply concerned . . . that the wide- hearing who testified as to their expe- that could prove catastrophic to wom- spread publicity given to Dr. riences with late-abortions in cir- en’s health. McMahon’s testimony may cause preg- cumstances in which Dr. McMahon’s By claiming that anesthesia kills the nant women to delay necessary and performed the procedure. Both women, fetus, opponents have spread misin- perhaps lifesaving medical procedures, Coreen Costello and Viki Wilson, re- formation that could deter pregnant totally unrelated to the birthing proc- ceived terrible news late in their preg- women who might desperately need ess, due to misinformation regarding nancies that the children they were surgery from undergoing surgery for the effect of anesthetics on the fetus.’’ carrying were severely deformed and fear that the anesthesia could kill or He stated that the American Society would be unable ot survive for very brain-damage their unborn children. of Anesthesiologists, while not taking long. Let me illustrate how widespread a position on the bill, ‘‘. . . have none- I would like to make it absolutely this misinformation has become: In a theless felt it our responsibility as phy- clear that nothing in the bill before us June 23, 1995, submission to the House sicians specializing in the provisions of would prevent women in Ms. Costello’s Judiciary Constitution Subcommittee, anesthesia care to seek every available and Ms. Wilson’s situations from the late Dr. James McMahon, the other forum in which to contradict Dr. choosing to abort their children. That of the two doctors who has admitted McMahon’s testimony. Only in that question is not before us, and it is not performing the procedure, wrote that way we believe can we provide assur- one that we face in considering this anesthesia given to the mother during ance to pregnant women that they can narrow bill. the procedure causes fetal demise. undergo necessary surgical procedures I also would like to point out that I Let me note also that if the fetus was safely, both for mother and unborn have the utmost sympathy for dead before being brought down the child.’’ women—and their husbands and fami- birth canal, then this bill by definition Dr. Ellison also noted that, in his lies—who find themselves receiving the would not cover the procedure per- medical judgment, in order to achieve same tragic news that those women re- formed to abort the fetus. The bill cov- neurological demise of the fetus in a ceived. ers only procedures in which a living partial-birth abortion procedure, it Regardless of whether they aborted fetus is partially delivered. would be necessary to anaesthetize the the child or decided to go through with An editorial in USA Today on No- mother to such a degree as to place her the pregnancy, which is what another vember 3, 1995, also stated, ‘‘The fetus own health in jeopardy. courageous witness at our hearing, dies from an overdose of anesthesia In short, in a partial-birth abortion, Jeannie French of Oak Park, Illinois, given to its mother.’’ the anesthesia does not kill the fetus. chose to do—and as a result, her daugh- In a self-described fact sheet, cir- The baby will generally be alive after ter Mary’s heart valves were donated culated to Members of the House, Dr. partly being delivered into the birth to other infants—their experiences are Mary Campbell, Medical Director of canal and before having his or her skull horrendous ones that no one should Planned Parenthood, who testified of opened and brain sucked out. have to go through.

VerDate 12-OCT-99 04:32 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.049 pfrm01 PsN: S21PT1 S12996 CONGRESSIONAL RECORD — SENATE October 21, 1999 The testimony of all three witnesses fering from severe abnormalities that cally been adopted in those States is was among the most heart-wrenching are incompatible with life. unconstitutional. Senator SANTORUM, and painful testimony I have ever I certainly do not dispute that in a in an effort to fix his bill, sent up a heard before the committee. My heart number of cases the partial-birth abor- modification to the desk which he be- goes out to those three women and tion procedure has been performed lieves has narrowed the definition of their families as well as any others in where the life of the mother was at what he means by the term ‘‘partial- similar situations. risk or where the fetus was severely de- birth abortion,’’ which is not a medical However, the fact is that medical tes- formed. term. timony in the record indicates that Substantial available evidence indi- I have letters I have put in the even if an abortion were to be per- cates, however, that the procedure is RECORD from the obstetricians and formed under such circumstances, a not performed solely or primarily gynecologists organization saying that, number of other procedures could be where the mother’s life is in danger, in fact, the new language doesn’t do performed, such as the far more com- where the mother’s health is gravely at anything to narrow the definition; the mon classical D&E procedure or an in- risk, or where the fetus is seriously same problem still holds. duction procedure. malformed in a manner incompatible This ban is so vague, it could impact When asked whether the exact proce- with life. all abortions. That is why the courts dure Dr. McMahon used would ever be The fact of the matter is—and I know say it is wrong. There is no exception medically necessary—even in cases like this is something that opponents of the for the health of a woman. That also those described by Ms. Costello and Ms. bill have not faced—this procedure is goes against Roe. And 51 of us voted in Wilson—several doctors at our hearing being performed where there are only favor of Roe. I hope we will vote no. I explained that it would not. Dr. Nancy minor problems with the fetus, and for believe at least 35 of us or so will do Romer, a practicing Ob-Gyn and clin- purely elective reasons. that. That will be enough to sustain ical professor in Dayton, Ohio, stated Most important, however, medical the veto. I hope more of my colleagues that she had never had to resort to testimony at our hearing indicated will consider standing with the life and that procedure and that none of the that a health exception in this bill is health of a woman and voting no on physicians that she worked with had not necessary because other abortion this legislation. ever had to use it. procedures are in fact safer and better The PRESIDING OFFICER. The Sen- Dr. Pamela Smith, Director of Med- for women’s health. ator from Pennsylvania. ical Education in the Department of Now, let me be perfectly clear that I Mr. SANTORUM. Mr. President, the Obstetrics and Gynecology at the do not doubt that in some cases this amendment I offered to modify the lan- Mount Sinai Medical Center in Chi- procedure was done where there were guage, directly on point, addresses the cago, stated that a doctor would never life-threatening indications. Eighth Circuit concern. It specifically need to resort to the partial-birth abor- However, I simply must emphasize talks about the baby having to be in- tion procedure. two points. tact, living outside the mother, before First, those cases are by far in the This ties in closely to what I consider the baby is killed. the next misrepresentation made about minority. We should get the facts The concern of the Eighth Circuit the partial-birth abortion procedure: straight so that our colleagues and the was that other forms of abortion that the claim that in some circumstances a American people understand what is are performed in utero could be in- partial-birth abortion will be the safest going on here. volved. This is absolutely, positively Second, the most credible testimony option available for a late-term abor- clear. We are not talking about that. at our hearing—confirmed by other tion. Testimony and other evidence ad- We ban a particular procedure. All available evidence—indicates that even duced at the Judiciary Committee other procedures would be legal under where serious maternal health issues hearing amply demonstrate that this is this bill. So there is no undue burden. exist or severe fetal abnormalities not the case. Second, regarding the issue of health arise, there will always be other, safer An article published in the November that Senator BOXER brings up, I have abortion procedures available that this 20, 1995, issue of the American Medical hundreds and hundreds of letters from bill does not touch. News quoted Dr. Warren Hern as stat- obstetricians who say this is never, On that note, I would like to close by ing, ‘‘I would dispute any statement never medically necessary, and is never highlighting a statement made at our that this is the safest procedure to the only alternative, and it is never the hearing by Helen Alvare of the Na- use.’’ Dr. Hern is the author of ‘‘Abor- preferred alternative. I have entered tional Conference of Catholic Bishops. tion Practice,’’ the Nation’s most wide- into the RECORD where the AMA has She remarked that opponents of this ly used textbook on abortion standards said that, and other organizations, 600 bill keep asking whether enacting it and procedures. He also stated in that obstetricians. would be the first step in an effort to interview that he ‘‘has very strong res- On the other side is one organization, ban all abortions. ervations’’ about the partial-birth In her view, however, the real ques- ACOG, which says, also, that it is never abortion procedure banned by this bill. tion should be whether allowing this the only option, but says it may be Indeed, referring to the procedure, he procedure would serve as a first step necessary, or it may be the preferred stated, ‘‘You really can’t defend it. I’m toward legalized infanticide. I urge the procedure. For 3 years, we have asked not going to tell somebody else that bill’s opponents to ask themselves this for an example of when it would be the they should not do this procedure. But question. What is the real purpose of preferred procedure. They have never I’m not going to do it.’’ this procedure? given us an example; never have they In fairness to Dr. Hern, I note that he That is the fundamental problem provided an example that backs up does not support this bill in part be- with this procedure, It involves killing their specious claim that this is in cause he feels this is the beginning of a partially delivered baby. some way, somehow, somewhere nec- legislative efforts to chip away at abor- Let me say to my colleagues in the essary. tion rights. But, his statement regard- Senate that the evidence presented It is not medically necessary. There ing the partial-birth abortion proce- more than confirms my view that this is no health exception needed because dure certainly sheds light on the argu- procedure is never medically necessary it is an unhealthy procedure. This is ment made by opponents that it is the and should be banned. the opportunity to draw the line in the safest procedure for late-term abor- This evidence, regardless of one’s sand about what is protected by the tions. view on the broader issue of abortion, Constitution and what is not. A child Another misrepresentation that provides ample justification for an three-quarters born deserves some pro- should be set straight concerns claims ‘‘aye’’ vote on S. 1692. tection. that the partial-birth abortion proce- I hope my colleagues will agree. Mr. President, I ask for the yeas and dure that would be banned by this bill Mrs. BOXER. Mr. President, I will be nays. is, in fact, performed only in later-term brief. The PRESIDING OFFICER. Is there a pregnancies where the life of the moth- The courts in twenty States have sufficient second? er is at risk or where the fetus is suf- said the Santorum law that has basi- There is a sufficient second.

VerDate 12-OCT-99 03:25 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.052 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S12997 The yeas and nays were ordered. ‘‘(b)(1) As used in this section, the term Court, a woman’s life and health must al- The PRESIDING OFFICER. The bill ‘partial-birth abortion’ means an abortion in ways be protected in any reproductive health having been read the third time, the which the person performing the abortion de- legislation passed by Congress. liberately and intentionally— question is, Shall it pass? The yeas and SEC. 5. SENSE OF CONGRESS CONCERNING ROE nays have been ordered. The clerk will ‘‘(A) vaginally delivers some portion of an V. WADE. intact living fetus until the fetus is partially call the roll. outside the body of the mother, for the pur- (a) FINDINGS.—Congress finds that— The legislative clerk called the roll. pose of performing an overt act that the per- (1) reproductive rights are central to the Mr. NICKLES. I announce that the son knows will kill the fetus while the fetus ability of women to exercise their full rights Senator from Rhode Island (Mr. is partially outside the body of the mother; under Federal and State law; CHAFEE), the Senator from Florida (Mr. and (2) abortion has been a legal and constitu- tionally protected medical procedure MACK), and the Senator from New ‘‘(B) performs the overt act that kills the throughout the United States since the Su- Hampshire (Mr. GREGG) are necessarily fetus while the intact living fetus is par- tially outside the body of the mother. preme Court decision in Roe v. Wade (410 absent. U.S. 113 (1973)); The PRESIDING OFFICER. Are there ‘‘(2) As used in this section, the term ‘phy- sician’ means a doctor of medicine or osteop- (3) the 1973 Supreme Court decision in Roe any other Senators in the Chamber de- athy legally authorized to practice medicine v. Wade established constitutionally based siring to vote? and surgery by the State in which the doctor limits on the power of States to restrict the The result was announced—yeas 63, performs such activity, or any other indi- right of a woman to choose to terminate a nays 34, as follows: vidual legally authorized by the State to per- pregnancy; and [Rollcall Vote No. 340 Leg.] form abortions: Provided, however, That any (4) women should not be forced into illegal YEAS—63 individual who is not a physician or not oth- and dangerous abortions as they often were erwise legally authorized by the State to prior to the Roe v. Wade decision. Abraham Dorgan Lugar Allard Enzi McCain perform abortions, but who nevertheless di- (b) SENSE OF CONGRESS.—It is the sense of Ashcroft Fitzgerald McConnell rectly performs a partial-birth abortion, the Congress that— Bayh Frist Moynihan shall be subject to the provisions of this sec- (1) Roe v. Wade was an appropriate deci- Bennett Gorton Murkowski tion. sion and secures an important constitutional Biden Gramm Nickles ‘‘(c)(1) The father, if married to the mother right; and Bond Grams Reid at the time she receives a partial-birth abor- (2) such decision should not be overturned. Breaux Grassley Roberts tion procedure, and if the mother has not at- Brownback Hagel Roth tained the age of 18 years at the time of the Mr. BROWNBACK. Mr. President, I Bunning Hatch Santorum want to speak for a brief period. The Burns Helms Sessions abortion, the maternal grandparents of the Byrd Hollings Shelby fetus, may in a civil action obtain appro- reason I want to speak is to read into Campbell Hutchinson Smith (NH) priate relief, unless the pregnancy resulted the RECORD a great speech that was Cochran Hutchison Smith (OR) from the plaintiff’s criminal conduct or the given by a Nobel Laureate for Peace Conrad Inhofe Specter plaintiff consented to the abortion. prize winner in 1979. It fits in with the Coverdell Johnson Stevens ‘‘(2) Such relief shall include— Craig Kyl Thomas ‘‘(A) money damages for all injuries, psy- culmination of what we discussed Crapo Landrieu Thompson chological and physical, occasioned by the today, the partial-birth abortion ban. Daschle Leahy Thurmond That vote has taken place and we have DeWine Lincoln Voinovich violation of this section; and Domenici Lott Warner ‘‘(B) statutory damages equal to three had extended discussion on that. I times the cost of the partial-birth abortion. NAYS—34 think this is actually a very fitting ‘‘(d)(1) A defendant accused of an offense final conclusion to this debate. Akaka Graham Murray under this section may seek a hearing before Baucus Harkin Reed the State Medical Board on whether the phy- Mr. President, this speech is titled Bingaman Inouye Robb sician’s conduct was necessary to save the ‘‘The Gift of Peace.’’ It was given by Boxer Jeffords Rockefeller Mother Teresa, Nobel Laureate, on De- Bryan Kennedy Sarbanes life of the mother whose life was endangered Cleland Kerrey Schumer by a physical disorder, illness or injury. cember 11, 1979. I think it relates to a Collins Kerry Snowe ‘‘(2) The findings on that issue are admis- lot of what we have talked about here Dodd Kohl Torricelli sible on that issue at the trial of the defend- today. I will read it. I think it puts a Durbin Lautenberg Wellstone ant. Upon a motion of the defendant, the good summary on it. Edwards Levin Wyden court shall delay the beginning of the trial Feingold Lieberman for not more than 30 days to permit such a Mother Teresa said: Feinstein Mikulski hearing to take place. As we have gathered here together to NOT VOTING—3 ‘‘(e) A woman upon whom a partial-birth thank God for the Nobel Peace Prize, I think Chafee Gregg Mack abortion is performed may not be prosecuted it will be beautiful that we pray the prayer under this section, for a conspiracy to vio- The bill (S. 1692), as amended and of St. Francis of Assisi which always sur- late this section, or for an offense under sec- prises me very much—we pray this prayer modified, was passed, as follows: tion 2, 3, or 4 of this title based on a viola- every day after Holy Communion, because it S. 1692 tion of this section.’’. is very fitting for each one of us, and I al- Be it enacted by the Senate and House of Rep- (b) CLERICAL AMENDMENT.—The table of ways wonder that 4–500 years ago as St. resentatives of the United States of America in chapters for part I of title 18, United States Francis of Assisi composed this prayer that Congress assembled, Code, is amended by inserting after the item they had the same difficulties that we have SECTION 1. SHORT TITLE. relating to chapter 73 the following new today, as we compose this prayer that fits This Act may be cited as the ‘‘Partial- item: very nicely for us also. I think some of you Birth Abortion Ban Act of 1999’’. ‘‘74. Partial-birth abortions ...... 1531’’. already have got it—so we will pray to- SEC. 2. PROHIBITION ON PARTIAL-BIRTH ABOR- SEC. 3. SENSE OF CONGRESS CONCERNING ROE gether. TIONS. V. WADE AND PARTIAL BIRTH ABOR- TION BANS. Let us thank God for the opportunity that (a) IN GENERAL.—Title 18, United States we all have together today, for this gift of (a) FINDINGS.—Congress finds that— Code, is amended by inserting after chapter peace that reminds us that we have been cre- 73 the following: (1) abortion has been a legal and constitu- tionally protected medical procedure ated to live that peace, and Jesus became ‘‘CHAPTER 74—PARTIAL-BIRTH throughout the United States since the Su- man to bring that good news to the poor. He ABORTIONS preme Court decision in Roe v. Wade (410 being God became man in all things like us ‘‘Sec. U.S. 113 (1973)); and except sin, and he proclaimed very clearly ‘‘1531. Partial-birth abortions prohibited. (2) no partial birth abortion ban shall that he had come to give the good news. The ‘‘§ 1531. Partial-birth abortions prohibited apply to a partial-birth abortion that is nec- news was peace to all of good will and this is ‘‘(a) Any physician who, in or affecting essary to save the life of a mother whose life something that we all want—the peace of interstate or foreign commerce, knowingly is endangered by a physical disorder, illness, heart—and God loved the world so much that performs a partial-birth abortion and there- or injury. he gave his son—it was a giving—it is as by kills a human fetus shall be fined under (b) SENSE OF CONGRESS.—It is the sense of much as if to say it hurt God to give, because this title or imprisoned not more than two the Congress that partial birth abortions are he loved the world so much that he gave his years, or both. This paragraph shall not horrific and gruesome procedures that son, and he gave him to Virgin Mary, and apply to a partial-birth abortion that is nec- should be banned. what did she do with him? essary to save the life of a mother whose life SEC. 4. SENSE OF CONGRESS CONCERNING A As soon as he came in her life—imme- is endangered by a physical disorder, illness, WOMAN’S LIFE AND HEALTH. diately she went in haste to give that good or injury. This paragraph shall become effec- It is the sense of the Congress that, con- news, and as she came into the house of her tive one day after enactment. sistent with the rulings of the Supreme cousin, the child—the unborn child—the

VerDate 12-OCT-99 04:32 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.111 pfrm01 PsN: S21PT1 S12998 CONGRESSIONAL RECORD — SENATE October 21, 1999 child in the womb of Elizabeth, lit with joy. Him that unborn child has been curved in tle attention to myself, I would have said I He was that little unborn child, was the first the hand of God. And that is what strikes me am hungry, that I am dying, I am cold, I am messenger of peace. He recognized the Prince most, the beginning of that sentence, that in pain, or something, but she gave me much of Peace, he recognized that Christ has come even if a mother could forget something im- more—she gave me her grateful love. And to bring the good news for you and for me. possible—but even if she could forget—I will she died with a smile on her face. As that And as if that was not enough—it was not not forget your. And today the greatest man whom we picked up from the drain, half enough to become a man—he died on the means—the greatest destroyer of peace is eaten with worms, and we brought him to cross to show that greater love, and he died abortion. And we who are standing here—our the home. I have lived like an animal in the for you and for me and for that leper and for parents wanted us. We would not be here if street, but I am going to die like an angel, that man dying of hunger and that naked our parents would do that to us. Our chil- loved and cared for. And it was so wonderful person lying in the street not only of Cal- dren, we want them, we love them, but what to see the greatness of that man who could cutta, but of Africa, and New York, and Lon- of the millions. Many people are very, very speak like that, who could die like that don, and Oslo—and insisted that we love one concerned with the children in India, with without blaming anybody, without cursing another as he loves each one of us. And we the children of Africa where quite a number anybody, without comparing anything. Like read that in the Gospel very clearly—love as die, maybe of malnutrition, of hunger and so an angel—this is the greatness of our people. I have loved you—as I love you—as the Fa- on, but millions are dying deliberately by And that is why we believe what Jesus has ther has loved me, I love you—and the hard- the will of the mother. And this is what is said: I was hungry—I was naked—I was er the Father loved him, he gave him to us, the greatest destroyer of peace today. Be- homeless—I was unwanted, unloved, uncared and how much we love one another, we, too, cause if a mother can kill her own child— for—and you did it to me. I believe that we must give each other until it hurts. It is not what is left for me to kill you and you to kill are not real social workers. We may be doing enough for us to say: I love God, but I do not me—there is nothing between. And this I ap- social work in the eyes of the people, but we love my neighbour. St. John says you are a peal in India, I appeal everywhere: Let us are really contemplatives in the heart of the liar if you say you love God and you don’t bring the child back, and this year being the world. For we are touching the body of love your neighbour. How can you love God child’s year: What have we done for the Christ 24 hours. We have 24 hours in this whom you do not see, if you do not love your child? At the beginning of the year I told, I presence, and so you and I. You too try to neighbour whom you see, whom you touch, spoke everywhere and I said: Let us make bring that presence of God in your family, with whom you live. And so this is very im- this year that we make every single child for the family that prays together stays to- portant for us to realize that love, to be true, born, and unborn, wanted. And today is the gether. And I think that we in our family we has to hurt. It hurt Jesus to love us, it hurt end of the year, have we really made the don’t need bombs and guns, to destroy to him. And to make sure we remember his children wanted? I will give you something bring peace—just get together, love one an- great love he made himself bread of life to terrifying. We are fighting abortion by adop- other, bring that peace, that joy, that satisfy our hunger for his love. Our hunger tion, we have saved thousands of lives, we strength of presence of each other in the for God, because we have been created for have sent words to all the clinics, to the hos- home. And we will be able to overcome all that love. We have been created in his image. pitals, police stations—please don’t destroy the evil that is in the world. There is so We have been created to love and be loved, the child, we will take the child. So every much suffering, so much hatred, so much and then he has become man to make it pos- hour of the day and night it is always some- misery, and we with our prayer, with our sible for us to love as he loved us. He makes body, we have quite a number of unwedded sacrifice are beginning at home. Love begins himself the hungry one—the naked one—the mothers—tell them come, we will take care at home, and it is not how much we do, but homeless one—the sick one—the one in pris- of you, we will take the child from you, and how much love we put in the action that we on—the lonely one—the unwanted one—and we will get a home for the child. And we do. It is to God Almighty—how much we do he says: You did it to me. Hungry for our have a tremendous demand for families who it does not matter, because He is infinite, love, and this is the hunger of our poor peo- have no children, that is the blessing of God but how much love we put in that action. ple. This is the hunger that you and I must for us. And also, we are doing another thing How much we do to Him in the person that find, it may be in our own home. which is very beautiful—we are teaching our we are serving. Some time ago in Calcutta I never forget an opportunity I had in vis- beggars, our leprosy patients, our slum we had great difficulty in getting sugar, and iting a home where they had all these old dwellers, our people of the street, natural I don’t know how the word got around to the parents of sons and daughters who had just family planning. children, and a little boy of four years old, put them in an institution and forgotten And in Calcutta alone in six years—it is all Hindu boy, went home and told his parents: maybe. And I went there, and I saw in that in Calcutta—we have had 61,273 babies less I will not eat sugar for three days, I will give home they had everything, beautiful things, from the families who would have had, but my sugar to Mother Teresa for her children. but everybody was looking toward the door. because they practice this natural way of ab- After three days his father and mother And I did not see a single one with their staining, of self-control, out of love for each brought him to our house. I had never met smile on their face. And I turned to the sis- other. We teach them the temperature meter them before, and this little one could scarce- ter and I asked: How is that? How is it that which is very beautiful, very simple, and our ly pronounce my name, but he knew exactly the people they have everything here, why poor people understand. And you know what what he had come to do. He knew that he are they all looking toward the door, why they have told me? Our family is healthy, wanted to share his love. And this is why I are they not smiling? I am so used to see the our family is united, and we can have a baby have received such a lot of love from you all. smile on our people, even the dying ones whenever we want. So clear—these people in From the time that I have come here I have smile, and she said: This is nearly every day, the street, those beggars—and I think that if simply been surrounded with love, and with they are expecting, they are hoping that a our people can do like that how much more real, real understanding love. It could feel as son or daughter will come to visit them. you and all the others who can know the if everyone in India, everyone in Africa is They are hurt because they are forgotten, ways and means without destroying the life somebody very special to you. And I felt and see—this is where love comes. That pov- that God has created in us. The poor people quite at home I was telling Sister today. I erty comes right there in our own home, are very great people. They can teach us so feel in the Convent with the Sisters as if I even neglect to love. Maybe in our own fam- many beautiful things. The other day one of am in Calcutta with my own Sisters. So ily we have somebody who is feeling lonely, them came to thank and said: You people completely at home here, right here. And so who is feeling sick, who is feeling worried, who have evolved chastity you are the best here I am talking with you—I want you to and these are difficult days for everybody. people to teach us family planning. Because find the poor here, right in your own home Are we there, are we there to receive them, it is nothing more than self-control out of first. And begin love there. Be that good is the mother there to receive the child? love for each other. And I think they said a news to your own people. And find out about I was surprised in the waste to see so many beautiful sentence. And these are people who your next-door neighbor—do you know who young boys and girls given into drugs, and I maybe have nothing to eat, maybe they have they are? I had the most extraordinary expe- tried to find out why—why is it like that, not a home where to live, but they are great rience with a Hindu family who had eight and the answer was: Because there is no one people. The poor are very wonderful people. children. A gentleman came to our house and in the family to receive them. Father and One evening we went out and we picked up said: Mother Teresa, there is a family with mother are so busy they have no time. four people from the street. And one of them eight children, they had not eaten for so Young parents are in some institution and was in a most terrible condition—and I told long—do something. So I took some rice and the child takes back to the street and gets the sisters: You take care of the other three, I went there immediately. And I saw the involved in something. We are talking of I take of this one that looked worse. So I did children—their eyes shining with hunger—I peace. These are things that break peace, but for her all that my love can do. I put her in don’t know if you have ever seen hunger. But I feel the greatest destroyer of peace today is bed, and there was such a beautiful smile on I have seen it very often. And she took the abortion, because it is a direct war, a direct her face. She took hold of my hand, as she rice, and divided the rice, and she went out. killing—direct murder by the mother her- said one word only: Thank you—and she When she came back I asked her—where did self. And we read in the Scripture, for God died. you go, what did you do? And she gave me a says very clearly. Even if a mother could for- I could not help but examine my con- very simple answer: They are hungry also. get her child—I will not forget you—I have science before her, and I asked what would I What struck me most was that she knew— curved you in the palm of my hand. We are say if I was in her place. And my answer was and who are they, a Muslim family—and she curved in the palm of His hand so close to very simple. I would have tried to draw a lit- knew. I didn’t bring more rice that evening

VerDate 12-OCT-99 03:25 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.044 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S12999 because I wanted them to enjoy the joy of were receiving. This is something that you DAY OF NATIONAL CONCERN sharing. But there was those children, radi- and I—it is a gift of God to us to be able to ABOUT YOUNG PEOPLE AND GUN ating joy, sharing the joy with their mother share our love with others. And let it be as VIOLENCE because she had the love to give. And you see it was for Jesus. Let us love one another as this is where love begins—at home. And I he loved us. Let us love Him with undivided Mr. DASCHLE. Mr. President, today want you—and I am very grateful for what I love. And the joy of loving Him and each has been designated by the Senate as a have received. It has been a tremendous ex- other—let us give now—that Christmas is ‘‘Day of National Concern about Young perience and I go back to India—I will be coming so close. Let us keep that joy of lov- People and Gun Violence.’’ Sadly, thus back by next week, the 15th I hope—and I ing Jesus in our hearts. And share that joy far, the Senate seems indifferent to will be able to bring your love. with all that we come in touch with. And that fact. And I know well that you have not given that radiating joy is real, for we have no rea- Despite repeated acts of gun violence, from your abundance, but you have given son not to be happy because we have Christ until it hurts you. Today the little children the conference on the juvenile justice with us. Christ in our hearts, Christ in the bill, which was convened 77 days ago, they gave—I was so surprised—there is so poor that we meet, Christ in the smile that much joy for the children that are hungry. we give and the smile that we receive. Let us has yet to complete its business. While That the children like themselves will need make that one point: That no child will be the conference is stalled, more and love and care and tenderness, like they get unwanted, and also that we meet each other more children are losing their lives. so much from their parents. So let us thank always with a smile, especially when it is Every day in the United States, 12 God that we have had this opportunity to difficult to smile. children under the age of 19 are killed come to know each other, and this knowl- with guns—1 child every 2 hours. Every edge of each other has brought us very close. I never forget some time ago about 14 pro- And we will be able to help not only the chil- fessors came from the United States from day, three children commit suicide dren of India and Africa, but will be able to different universities. And they came to Cal- using a firearm. Every day, approxi- help the children of the whole world, because cutta to our house. Then we were talking mately six children are murdered by as you know our Sisters are all over the about home for the dying in Calcutta, where gunfire. Between 1979 and 1997, gunfire world. And with this Prize that I have re- we have picked up more than 36,000 people killed nearly 80,000 children and teens ceived as a Prize of Peace, I am going to try only from the streets of Calcutta, and out of in America, more than the total num- to make the home for many people that have that big number more than 18,000 have died ber of soldiers lost in the Vietnam war. no home. Because I believe that love begins a beautiful death. They have just gone home In fact, homicide is the third leading at home, and if we can create a home for the to God; and they came to our house and we poor—I think that more and more love will cause of death among children ages 5 to talked of love, of compassion, and then one spread. And we will be able through this un- 14. derstanding love to bring peace, be the good of them asked me: Say, Mother, please tell That is why Senator MURRAY and news to the poor. The poor in our own family us something that we will remember, and I others worked so hard to pass the reso- first, in our country and in the world. To be said to them: Smile at each other, make lution that declared today, this day, able to do this, our Sisters, our lives have to time for each other in your family. Smile at the ‘‘Day of National Concern about be woven with prayer. They have to be each other. And then another one asked me: Young People and Gun Violence.’’ woven with Christ to be able to understand, Are you married, and I said: Yes, and I find The good news is that the number of to be able to share. Because today there is so it sometimes very difficult to smile at Jesus children dying from gunfire has de- much suffering—and I feel that the passion because he can be very demanding some- clined. Moreover, children across the of Christ is being relived all over again—are times. This is really something true, and country are engaged in positive en- we there to share that passion, to share that there is where love comes—when it is de- suffering of people. Around the world, not manding, and yet we can give it to Him with deavors to rid their communities of vi- only in the poor countries, but I found the joy. Just as I have said today, I have said olence and to encourage their friends poverty of the West so much more difficult that if I don’t go to Heaven for anything else to find peaceful ways to settle disputes. to remove. When I pick up a person from the I will be going to Heaven for all the publicity This week, the Democrats in the street, hungry, I give him a plate of rice, a because it has purified me and sacrificed me House of Representatives hosted 300 piece of bread, I have satisfied. I have re- and made me really something ready to go to teenagers from across the country for a moved that hunger. But a person that is shut Heaven. I think that this is something, that conference entitled ‘‘Voices Against out, that feels unwanted, unloved, terrified, Violence.’’ At this conference, teens the person that has been thrown out from so- we must live life beautifully, we have Jesus ciety—that poverty is so hurtable and so with us and He loves us. If we could only re- discussed their concerns about violence much, and I find that very difficult. Our Sis- member that God loves me, and I have an op- and explored ideas for addressing this ters are working amongst that kind of people portunity to love others as He loves me, not pressing problem. in the West. So you must pray for us that we in big things, but in small things with great Senate Democrats believe we, in the may be able to be that good news, but we love, then Norway becomes a nest of love. Senate, must join America’s children cannot do that without you, you have to do And how beautiful it will be that from here and do our part to stem that violence. that here in your country. You must come to a centre for peace of war has been given. That is why we fought so hard to pass know the poor, maybe our people here have That from here the joy of life of the unborn a comprehensive juvenile justice bill material things, everything, but I think that child comes out. If you become a burning that included common sense gun safety if we all look into our own homes, how dif- light in the world of peace, then really the ficult we find it sometimes to smile at each provisions, money for programs de- Nobel Peace Prize is a gift of the Norwegian signed to prevent violence before it oc- other, and that the smile is the beginning of people. God bless you! love. And so let us always meet each other curs, and measures to ensure that with a smile, for the smile is the beginning I simply wanted to put Mother Tere- those few kids who are truly dangerous of love, and once we begin to love each other sa’s speech here again as a reminder to are punished appropriately. naturally we want to do something. So you us of one of the great people of the On May 20th the Senate passed the pray for our Sisters and for me and for our world of our time, one that we have juvenile justice bill, and on June 17th Brothers, and for our co-workers that are the House passed their juvenile justice around the world. That we may remain faith- had the pleasure of having in this body, and that at the face of all this, we are bill. After waiting weeks, on August ful to the gift of God, to love Him and serve 5th—77 days ago—the juvenile justice Him in the poor together with you. What we really talking about peace. We are conference had its first and only meet- have done we would not have been able to do talking about a caring peace. if you did not share with your prayers, with ing. Yesterday marked the 6-month an- your gifts, this continual giving. But I don’t I hope that we can move forward as a niversary of the Columbine tragedy, want you to give me from your abundance, I society, whether we want to do it by and it is time for the stalling to stop. want that you give me until it hurts. The laws or not by laws. If we want to do it, The Y2K legislation conference re- other day I received 15 dollars from a man we are persuading people’s hearts. port was produced 14 days after the who has been on his back for twenty years, What we are talking about is the peace Senate passed the bill, and the Repub- and the only part that he can move is his lican tax cut conference report was right hand. And the only companion that he of that individual, and peace of mind, caring, caring through adoption. produced only 5 days after the Senate enjoys is smoking. And he said to me: I do voted on that package. Why don’t we not smoke for one week, and I send you this I hope we can move our hearts—all of have the same commitment to pro- money. It must have been a terrible sacrifice us, whether we disagree or agree on the for him, but see how beautiful, how he ducing legislation to combat youth vio- shared, and with that money I bought bread legislation—forward to reach out to lence? and I gave to those who are hungry with a that child and to those children the The conference should be working joy on both sides, he was giving and the poor way she did. around the clock to produce a bill the

VerDate 12-OCT-99 03:25 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.044 pfrm01 PsN: S21PT1 S13000 CONGRESSIONAL RECORD — SENATE October 21, 1999 President can sign before the end of open meeting of the juvenile justice portunity to act on balanced, effective this session. We ought to use this day conference. juvenile justice legislation, and meas- and every day to ensure that this juve- We need to bring this up. Vote it up. ures to keep guns out of the hands of nile justice bill is passed and to ensure Vote it down. I don’t know what every- children and away from criminals. that we live up to the expectations of body is scared of. But at least let’s I hope we get to work soon and finish all who said on the day when we passed vote. what we started in the juvenile justice the ‘‘Day of National Concern about This delay is simply because of the conference. It is well past the time for Young People and Gun Violence″ legis- opposition of the gun lobby to any new Congress to act. lation that it was more than just firearm safety laws. Even though the I suggest the absence of a quorum. words, it was more than just a rhetor- Senate passed the Hatch-Leahy Juve- The PRESIDING OFFICER (Ms. ical commitment, it meant sincerely nile Justice Bill in May, we still have SNOWE). The clerk will call the roll. that the Senate was serious about ad- not moved forward on a juvenile justice The bill clerk proceeded to call the roll. dressing this issue. Indeed, we remind conference report. Mr. LOTT. Madam President, I ask our colleagues that thus far, our chil- I hope the majority will hear the call unanimous consent that the order for dren have waited too long. of our nation’s law enforcement offi- cers to act now to pass a strong and ef- the quorum call be rescinded. I yield the floor. The PRESIDING OFFICER. Without fective juvenile justice conference re- The PRESIDING OFFICER. The Sen- objection, it is so ordered. ator from Washington. port. f Mrs. MURRAY. Mr. President, I com- Ten national law enforcement orga- mend the Democratic leader, Senator nizations, representing thousands of UNANIMOUS CONSENT REQUEST— DASCHLE, for bringing to the attention law enforcement officers, yesterday en- EXECUTIVE CALENDAR of the Senate this extremely important dorsed the Senate-passed gun safety Mr. LOTT. Madam President, as in day, October 21. It is the Day of Na- amendments and support loophole-free executive session, I ask unanimous tional Concern about Young People and firearm laws: International Association consent that on Monday, October 25, it Gun Violence. This is a day that all of Chiefs of Police; International be in order for the majority leader, Members in the Senate have recognized Brotherhood of Police Officers; Police after consultation with the Democratic as a day we want young people every- Executive Research Forum; Police leader, to proceed to executive session where to take a pledge to not bring a Foundation; Major Cities Chiefs; Fed- in order to consider the following gun to school and to resolve their con- eral Law Enforcement Officers Associa- nominations on the Executive Cal- flicts without using a gun. It is a very tion; National Sheriffs Association; Na- endar: Nos. 253, 254, 255, 257, 278, and important message. tional Association of School Resource 279. This is a bipartisan message. Senator Officers; National Organization of Mr. DASCHLE. Reserving the right Kempthorne and I began this effort 4 Black Law Enforcement Executives; to object, I ask unanimous consent years ago. This year, Senator JOHN and Hispanic American Police Com- that Calendar No. 159, Marsha Berzon, WARNER and I put this resolution for- mand Officers Association. and Calendar No. 208, Richard Paez, be ward in a bipartisan way. It was sup- Law enforcement officers in this added. ported by all Members of the Senate. It country need help in keeping guns out Mr. LOTT. Madam President, I object is a simple message to young children. of the hands of people who should not to the addition of those nominees at Millions of them today took the pledge have them. I am not talking about peo- this time, although we are working to and joined with others in their commu- ple who use guns for hunting or for see if at some point one or both of nity to take the power of reducing vio- sport, but about criminals and unsu- these nominees could be considered. lence into their own hands. pervised children. Mr. DASCHLE. Madam President, on As leaders of the United States, we The thousands of law enforcement of- behalf of a number of colleagues on have a responsibility to do all we can ficers represented by these organiza- this side, I will be compelled to object to reduce youth violence in this coun- tions are demanding that Congress act at this time. try. We need to stand behind these now to pass a strong and effective juve- The PRESIDING OFFICER. The ob- young kids who are taking violence nile justice conference report. As a jection is heard. and the issue of violence in their own conferee, I am ready to work with Re- f hands and say we, as the leaders of this publicans and Democrats to do just DEPARTMENT OF THE INTERIOR country, stand with you. that. AND RELATED AGENCIES APPRO- I commend Senator DASCHLE for his According to press reports, the Re- PRIATIONS ACT, 2000—CON- statement, for bringing to the atten- publicans are meeting and having sen- FERENCE REPORT tion of the Senate our responsibility as sitive negotiations over gun proposals. adults to reduce the number of guns to Apparently, the Republicans on the Mr. LOTT. Madam President, I ask which our young kids have access, and conference and the Republican leader- unanimous consent that the Senate now proceed to the consideration of the urge our colleagues to move forward on ship met last Thursday to hammer out conference report to accompany the In- these critical issues that have been left an agreement on guns. They were not terior appropriations bill (H.R. 2466) behind in this session of Congress. successful. Bicameral Republican I yield the floor. meetings cannot be confused with bi- making appropriations for the Depart- Mr. LEAHY. Mr. President, yester- partisan conference meetings. Only in ment of the Interior and related agen- day was the 6 month anniversary of the open conference meetings with an op- cies for the fiscal year ending Sep- shooting at Columbine High School in portunity for full debate will we be tember 30, 2000, and for other purposes, Littleton, CO. Fourteen students and a able to resolve the differences in the and ask for its immediate consider- teacher lost their lives in that tragedy juvenile justice bills and get a law en- ation. The report will be stated. on April 20, 1999. But still the Congres- acted. The clerk read as follows: sional leadership refuses to send to the Every parent, teacher and student in The committee on conference on the dis- President comprehensive juvenile jus- this country is concerned about school agreeing votes of the two Houses on the tice legislation. violence over the last two years and amendment of the Senate to the bill, H.R. This is shameful. worried about when the next shooting 2466, have agreed to recommend and do rec- As we have for months now, Senate may occur. They only hope it does not ommend to their respective Houses this re- and House Democrats stand ready to happen at their school or involve their port, signed by all of the conferees. work with Republicans to enact into children. The PRESIDING OFFICER. Without law an effective juvenile justice con- We all recognize that there is no sin- objection, the Senate will proceed to ference report that includes reasonable gle cause and no single legislative solu- the consideration of the conference re- gun safety provisions. Yesterday, all tion that will cure the ill of youth vio- port. the House and Senate Democratic con- lence in our schools or in our streets. (The conference report is printed in ferees sent a letter to Senator HATCH But we have an opportunity before us the House proceedings of the RECORD of and Congressman HYDE calling for an to do our part. We should seize this op- October 20, 1999.)

VerDate 12-OCT-99 03:25 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.113 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S13001 Mr. LOTT. Madam President, I fur- he was and still is unmatched in ex- bility to determine how best to meet ther ask consent that the conference pressing. Without Paine’s vision and the recreation needs of their citizens. report be considered as read, the report initiative, our country would not be There may be a need for changes to be agreed to, with the motion to recon- the republican world power that it is the state-wide LWCF matching grant sider laid upon the table, and I ask con- today. program. However, it is not appro- sent that any statements be printed in I am honored to have been able to priate to make these changes on an ap- the RECORD. help authorize his memorial seven propriations bill. The President’s budg- The PRESIDING OFFICER. Without years ago. I introduced S. 1681 to reau- et proposal sought to fundamentally objection, it is so ordered. thorize the memorial until 2003 and I restructure the state-side matching The conference report was agreed to. am glad that language from S. 1681 has grant program authorized by the LWCF THOMAS PAINE MEMORIAL been included in this bill to let this im- Act. The LWCF state-side program is a Mr. CRAIG. Madam President, seven portant work continue. Americans will formula grant program which provides years ago legislation was enacted, with be remembering Thomas Paine for gen- monies to States and local commu- my support, to create a memorial on erations to come, because of what we nities for the planning, acquisition, the National Mall honoring Thomas are doing today. and development of parks and recre- Paine. A site has been selected and ap- Mr. MURKOWSKI. Madam President, ation facilities. The President proposed proved at 1776 Constitution Ave. How- as chairman of the Energy and Natural to replace this program with a com- ever, the memorial project needs to be Resources Committee, I rise today to petitive grant program to the States reauthorized until 2003 in order to raise congratulate Senator GORTON on his for the purchase of land and open space the necessary funding to complete con- good work on the fiscal year 2000 Inte- planning. This proposal would have struction. Today I want to spend a mo- rior appropriations bill. I know the ne- changed the focus of the state-side pro- ment to recognize the great American gotiations which led to this conference gram and undercut the Federalism in- patriot, Thomas Paine. report were difficult but I believe Sen- herent in the existing program. The Thomas Paine thrived on new ideas, ator GORTON and the other Senate con- Federal government should not dictate was broad minded and progressive. ferees did an excellent job under these a one-size fits all mandate for the ad- Through brilliantly written persuasion, trying circumstances. I hope that ministration of this program. he advocated four concepts which have President Clinton recognizes this and State-side LWCF matching grants, since become cornerstones of American signs this appropriations bill into law. which address the highest priority society and governance: independence, Today, I want to highlight one par- needs of Americans for outdoor recre- representation, unity, and leadership. ticular program which has been the ation, have helped finance well over Thomas Paine was the first patriot to subject of recent focus both in the Con- 37,500 park and recreation projects call for a ‘‘Declaration of Independ- gress and in the Clinton Administra- throughout the United States. The ence’’ and a ‘‘Continental Charter’’ tion—the Land and Water Conservation state-side of the LWCF has played a which proposed the basic principles of Fund. The LWCF Act authorizes the vital role in providing recreational and our constitution: ‘‘securing freedom expenditure of monies from the LWCF educational opportunities to millions and property . . . and above all things, for two purposes only: the acquisition of Americans. The state-side program the free exercise of religion.’’ of Federal land by the National Park has worked because it has provided Another cornerstone was laid when Service, the Bureau of Land Manage- States and local communities—not the Paine had the foresight and courage to ment, the Fish and Wildlife Service, Federal government—with the flexi- publicly advocate a representative, and the United States Forest Service; bility to determine how best to meet democratic/republican form of govern- and formula grants to states for park the recreational needs of its residents. ment for this country. He influenced and recreation projects. The LWCF Act This $20 million will begin the process George Washington and numerous creates a balance—between the State of saving this important program. other Revolution leaders as he stressed and local communities and the Federal The Interior conference report also that government was a necessary evil government; between urban and rural provides more than $230 million for which could only become safe when it communities; between the western and land acquisition by the four Federal was representative and altered by fre- eastern states—for the development of land management agencies including quent elections. The function of gov- outdoor recreation resources. $40 million for the acquisition of Baca Unfortunately, over the last four ernment’s role in society ought only be Ranch in New Mexico. A few months years the balance between the state to regulate society and therefore be as ago the President announced an agree- and Federal-sides of the LWCF has simple as possible. ment to purchase this property for $101 been eliminated. With the action of the Paine also introduced our status as a million. I have not taken a position on Clinton Administration and the Con- united, sovereign country with due re- the merits of the Baca Ranch acquisi- gress to shut-down the state-side gard for individual and states rights. tion but have an interest in this mat- LWCF matching grant program in fis- He coined the phrases ‘‘Free and Inde- ter as chairman of the authorizing cal year 1996, the LWCF has become a pendent States of America’’ and committee. Federal-only land acquisition program. No money can be appropriated from ‘‘United States of America.’’ As I have expressed before, I believe the Land and Water Conservation Fund The last cornerstone that Thomas the loss of this balance is a tragic mis- for the acquisition of Federal land, in- Paine set for our country was the con- take and serves to increase the already cluding Baca Ranch, in the absence of cept of a world leader fighting for significant pressure on the Federal an authorization. The Federal-side human rights. Paine publicly de- government to meet the recreation de- LWCF program provides monies for the nounced chattel slavery and was the mands of the American public. Federal land management agencies to first patriot to publish a defense of the I have worked tirelessly over the last acquire lands otherwise authorized for rights of women in America. In his pa- 3 years to restore the state-side LWCF acquisition. The LWCF Act does not pers American Crisis I, Paine wrote: matching grant program. This year provide an independent basis for Fed- These are the times that try men’s those efforts have reaped results. Inte- eral land acquisition. Rather, the souls. . . . Tyranny, like hell, is not easily conquered; . . . What we obtain too cheap, rior conferees provided $20 million for LWCF Act establishes a funding mech- we esteem too lightly: it is dearness only the state-side matching grant program. anism for the acquisition of Federal that gives every thing its value. Heaven While I wish more money could have lands which have been separately au- knows how to put a proper price upon its been provided, with tough budget tar- thorized. Section 7 of the statute speci- goods, and it would be strange indeed if so gets, it was not easy to find $20 million fies, with limited exceptions, that celestial an article as freedom should not be in such a lean bill. It is a start. LWCF monies cannot be used for a Fed- highly rated. I also would like to thank Senator eral land purchase ‘‘unless such acqui- Paine has often been quoted by the GORTON for ensuring that no limita- sition is otherwise authorized by law.’’ leaders of this country on the great tions are placed on the expenditure of The Interior conference report recog- ideas of American independence, free- this money. It is important that States nizes this limitation by making the ac- dom and democracy—concepts which and local governments have the flexi- quisition of the Baca Ranch contingent

VerDate 12-OCT-99 04:32 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.120 pfrm01 PsN: S21PT1 S13002 CONGRESSIONAL RECORD — SENATE October 21, 1999 on the enactment of authorizing legis- ing in this accounting game, the Presi- who cannot be here at this moment, lation. No matter what the fate of the dent artificially reduces the amounts will offer a manager’s amendment Interior appropriations bill this contin- available for programs authorized by which includes the sub-Saharan Africa gency must be included. It is bad public the LWCF Act, including the state-side bill which we are now technically on, policy to disregard the terms of the matching grant program. If the Presi- with the Caribbean Basin Initiative LWCF Act and expend this significant dent seeks to fund these programs from bill, as well as the reauthorization of amount of money for the purchase of the LWCF, he needs to introduce ap- the Generalized System of Preferences additional Federal property absent a propriate authorizing legislation and and the Trade Adjustment Assistance thorough, and open, public review. This work with the Energy and Natural Re- programs. These measures have been review can be best done in the author- sources Committee to accomplish this reported by the Committee on Finance izing committee. I want to thank Sen- goal. by an all but unanimous vote, voice ator GORTON, who sits on the Energy Finally—and most disturbing to me vote, in all these cases. We very much and Natural Resources Committee, for as chairman of the Energy and Natural hope we will bring this to a successful recognizing the need for specific au- Resources Committee—are indications conclusion. thorizing legislation and including this that the Clinton Administration wants At stake is two-thirds of a century of contingency. to permanently authorize the use of American trade policy going back to The Interior conference report also revenues from the Outer Continental the Reciprocal Trade Agreements Act requires that the General Accounting Shelf for the Lands Legacy proposal in of 1934 for which there is a history. Office review and report on the Baca either the Interior appropriations bill Cordell Hull began the policy, under Ranch appraisal. The Uniform Reloca- or an omnibus appropriations bill. I President Roosevelt. tion Assistance and Real Property Ac- support the use of OCS revenues as a In 1930, the Senate and the House quisition Act requires an appraisal of permanent funding source for a variety passed what became known as the the fair market value of private prop- of important conservation programs, in Smoot-Hawley tariff. If you were to erty the Federal government desires to fact I introduced S. 25, the Conserva- make a short list of five events that led acquire, whether through negotiations tion and Reinvestment Act of 1999, to to the Second World War, that would or condemnation. An appraisal has accomplish this goal. be one of them. The tariffs went to un- been done on the Baca Ranch. However, However, no matter how strong my precedented heights here. As predicted, the appraisal was conducted not by the support is for this goal, providing this imports dropped by two-thirds, but as Federal government but rather the authorization on any appropriations was not predicted so did exports. What seller. While I have no reason to doubt bill is wrong. This proposition is ex- had been a market correction—more the validity of the appraisal, before tremely controversial. In the Energy than that, the stock market collapse in Congress spends this significant and Natural Resources Committee, we 1929—moved into a long depression amount of money to purchase the Baca have held hearing after hearing on S. 25 from which we never emerged until the Ranch, Congress owes it to the Amer- and other OCS revenue sharing pro- Second World War. ican taxpayer to ensure that the $101 posals. Since completion of those hear- The British went off free trade to million sale price represents the actual ings, committee members have strug- Commonwealth preferences, the Japa- fair market value of the property. The gled to reach a compromise. We have nese began the Greater East Asian Co- General Accounting Office is the appro- struggled because, while every com- prosperity Sphere, and in 1933, with un- priate entity to conduct this review mittee member cares about the con- employment at 25 percent, Adolph Hit- and report to the appropriators and the servation of this nation’s natural re- ler came into power as Chancellor of authorizers. sources, we each have a different vision Germany. That sort of misses our As many of us remember from two as to how best to conserve and protect memory. In 1934, Cordell Hull, Sec- years ago, the conditions imposed on these resources. But no matter how dif- retary of State, began the Reciprocal the Baca Ranch purchase are con- ficult this challenge, we will continue Trade Agreements program which was sistent with the requirements the Sen- to strive to reach an agreement that is designed to bring down, by bilateral ne- ate imposed on the Headwaters Forest acceptable not only to the Energy and gotiations, the levels of tariffs. This and New World Mine purchases. Unfor- Natural Resources Committee but also has continued through administration tunately, these conditions were elimi- to the Senate. after administration without exception nated in conference and both acquisi- What the Clinton administration is since that time. tions were authorized on the fiscal year contemplating would be a unrivaled I would like to note in the bill we 1998 Interior appropriations bill. That usurpation of the authorizing commit- have before us that there are two meas- is wrong. Clearly by agreeing to plac- tees. If the most significant piece of ures of very large importance, both of ing these limitations on the Baca conservation legislation introduced in which have expired. Unless we move Ranch acquisition, the House has real- the last 30 years is enacted on an ap- now, we will again lose immeasurably ized that authorizing, the Headwaters propriations bill without any public important trade provisions for us. Forest and New World Mine acquisi- input or participation, all of us who are The first of these is the Trade Ad- tions in the appropriations bill was bad authorizers should turn in our gavels. justment Assistance program, which is public policy. It is the role of the au- f now in its 37th year. I can stand here as thorizing committee—not the appropri- one of the few persons—I suppose the ators—to make sure that any addition AFRICAN GROWTH AND OPPOR- only—who served in the administration to the Federal estate is warranted. TUNITY ACT—MOTION TO PRO- of John F. Kennedy. I was an Assistant There has been talk about the next CEED Secretary of Labor. President Kennedy step in the process. There are rumors Mr. LOTT. I ask unanimous consent had sent up a very ambitious bill, the that the President will not sign this that the Senate proceed to Calendar Trade Expansion Act. It was really the conference report because he is dis- No. 215, H.R. 434, the trade bill. only major legislation of his first term. appointed that his Lands Legacy pro- Mr. HOLLINGS. I object. It required, in order to meet the legiti- posal was not totally funded. I hope The PRESIDING OFFICER. The ob- mate concerns of southern textile man- that is not true but if it is I find this jection is heard. ufacturers and northern clothing reasoning nonsensical. The Lands Leg- Mr. LOTT. I now move to proceed to unions—needle trades, let’s say—that acy proposal is nothing but budget Calendar No. 215. we get a long-term cotton textile gimmicky. It seeks to charge against The PRESIDING OFFICER. The Sen- agreement which Secretary the $900 million LWCF ceiling the in- ator from New York. Blumenthal, Secretary Hickman Price, creased funding of a variety of pro- Mr. MOYNIHAN. Madam President, Jr., and I negotiated in Geneva success- grams not authorized to derived mon- the Senator from Iowa has been gen- fully. True to their word, the Southern ies from the LWCF. These programs, erous enough to let me speak a very Senators came right up to this measure which may or may not warrant in- short while on this measure, to tell you and voted for it. But we added some- creased Federal funding, already have at the time we get on the bill the thing special, which was trade adjust- independent authorizations. By engag- chairman of the Finance Committee, ment assistance.

VerDate 12-OCT-99 03:25 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.056 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S13003 We agreed in a free trading situation, in the Senate there is no member more gave Turkey a couple of billion dollars or freer trade situation, the economy steeped in history and erudite in its in- in increased textile imports, how we at large and the population at large tellectual history than our distin- bought this crowd off, and every time would be better off, but some would guished senior Senator from New York, we have a crisis, whatever it is, we give lose. Trade adjustment assistance was Mr. MOYNIHAN. I agree with him abso- to people who ask for our help. to deal with that situation. It had been lutely with respect to Trade Adjust- My point is, at that particular time, first proposed, oddly, by a fine labor ment Assistance and the Reciprocal I left that hearing. I had a good Repub- leader, David MacDonald, of the United Trade Agreements Act and a variety of lican friend who knew President Eisen- Steel Workers, in 1954, saying if we are initiatives made since that time. hower. We checked in with Jerry Par- going to have lower barriers to trade, I have to oppose the motion because sons. I can still see him in the outer of- we are going to lose some jobs; gain I am the one who objected, of course, fice. He said: The Chief can see you others. It was based on a modest and to this so-called sub-Sahara/CBI bill. now. We went in and saw President Ei- fair request from American labor: If One, with respect to Smoot-Hawley, senhower and he was committed to some workers are to lose their jobs as it did not cause the depression and helping the textile industry. But by a result of freer trade that benefits the World War II. I want to disabuse any- June, it had gone the other way. country as a whole, a program should body’s mind from that particular sug- As a young Democratic southern be established to help those workers gestion. The stock market crash oc- Governor, I said: I am going to try that find new employment. curred in October 1929, and Smoot- fellow Kennedy. I had never been with It was Luther Hodges, Secretary of Hawley was not passed until 8 months him, but I came up in August and sat Commerce under President Kennedy, later in June of 1930. down with Mike Feldman. He is still who came before the Finance Com- At that particular time, slightly less alive and can verify this. He was legis- mittee to propose this measure. Sec- than 1 percent of the GNP was in inter- lative assistant to John F. Kennedy. I retary Hodges was the Governor of national trade. It is now up to 17 per- can show my colleagues the office in North Carolina, was he not? A wonder- cent. At that time trade did not have the old Russell Building. We sat down ful man; I recall working with him. I that big an effect on the GNP or the and agreed that I will write this letter know the Senator from South Carolina economy of the United States itself. as a Governor and Senator Kennedy would. He said to the Finance Com- True, Germany, Europe, and everybody will write back because being from mittee that ‘‘the Federal Government else was in a depression, and we en- Massachusetts, he understood the des- has a special responsibility in this tered the depression as a result of the perate nature of the textile economy at case. When the Government has con- crash. that time. We exchanged letters. I will tributed to economic injuries, it should Along came Cordell Hull. I want to have to get that letter because our re- also contribute to the economic adjust- emphasize one concept: the Reciprocal vered leader of that particular admin- ments required to repair them.’’ Trade Act of 1934; reciprocity; not for- istration was, of course, and is still re- This has been in law, and we added a eign aid but foreign trade; a thing of vered now, the Senator from New York, special program for NAFTA, and for value for an exchange of value. We Mr. MOYNIHAN. He knows this more in- firms as well. It has been there for 37 learned that in Contracts 101 as law- timately than I, but I know this par- years. The program has now expired. yers. ticular part of it. The continuing resolution keeps it Somehow over the past several years We sat down and agreed because going for 3 weeks or whatever, but if we have gotten into ‘‘we have to do there was a national security provi- we lose this we lose a central feature of something.’’ We are the most powerful sion. Before the President could take social legislation that has allowed us Nation militarily and economically; executive action, there had to be a to become the world’s greatest trading perhaps not the richest. We do not have finding that a particular commodity nation with the most extraordinary the largest per capita income. We are was important to the national security prosperity in the course of a genera- down to about No. 8 or 9. We are not of the United States of America. We tion. the richest, but we are very affluent got the Secretary of Labor Arthur There is also the matter of the Gen- comparatively speaking. Goldberg, Secretary of Commerce Lu- eralized System of Preferences for the The urge is there, and I understand ther Hodges, Secretary of State Dean developing world. It was a response to that urge to want to help, but we gave Rusk, Secretary McNamara of Defense, a plea by developing countries that the at the office. Let me tell you when I and Doug Dillon, Secretary of the industrial world ought to give them an gave at the office, for my textile Treasury. He was most interested. I sat opportunity and a bit of incentive to friends. down and talked with Secretary Dillon. compete in world markets; not to beg We have been giving and giving and He was fully briefed from my northern for aid, just to buy and sell. It has been giving. We had a hearing before the textile friends. in our legislation since the Trade Act International Trade Commission. It Incidentally, the Northern Textile of 1974, which makes it a quarter cen- was the Eisenhower administration at Association met last weekend down in tury in place. It was renewed in 1984. It that particular time. I came to testify my hometown with Karl Spilhaus. Bill is now on life support. We got a 15- as the Governor of South Carolina. The Sullivan previously ran the organiza- month extension in 1993; a 10-month ex- finding was in June of 1960. It was in tion. tension in 1994; 10 months in early 1996; early March of 1960. I was chased We brought in witnesses. We had 13 months in early 1997; 12 months in around the room by none other than hearings. And about April 26 they made 1998. Tom Dewey. He was a lawyer for the a finding. Steel was the most impor- We have responsibility in both of Japanese. They were not a concern at tant industry to our national economy these matters. The Finance Committee the particular time. Ten percent of tex- and second most important to our na- has met that responsibility. In due tiles consumed in America was being tional security was textiles. We could course, we will bring this measure to imported, and if we went beyond the 10 not send our soldiers to war in a Japa- the floor for what we hope will be a percent, it was determined that it nese uniform, and I used to add to that, successful vote on renewal of Trade Ad- would devastate the economy, particu- and Gucci shoes. justment Assistance and a 5-year reau- larly the textile economy of the United Eighty-six percent of the shoes in thorization of the Generalized System States of America. this Chamber today are imported. The of Preferences. I am looking around this room, and I shoe industry is practically gone. Tex- I do not want to keep the Senate any can tell you that over two-thirds—that tiles are about gone, and Washington is longer. I see my distinguished col- is a 2-year-old figure; I bet it is up to telling them: You have to get high- league is on the floor. I thank my 70 percent—but two-thirds of the cloth- tech, high-tech, global economy, global friend from Iowa, and I yield the floor. ing I am looking at, not 10 percent, is competition, retrain—it sounds like The PRESIDING OFFICER. The Sen- imported. Mao Tse-tung running around reedu- ator from South Carolina. When I say we gave at the office cating the people, getting them skills. Mr. HOLLINGS. Madam President, it again and again—I can go to Desert We are closing down our knitting is an agreed fact among our colleagues Storm, and I will do that, and how we mills, one in particular was the Oneida

VerDate 12-OCT-99 03:25 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.129 pfrm01 PsN: S21PT1 S13004 CONGRESSIONAL RECORD — SENATE October 21, 1999 Mill. They made T-shirts. They had 487 all the textile votes. They are going to cently as the last decade. Many of employees. The average age was 47. be voting—you watch them—for George those changes have been enormously Tomorrow morning, let’s say we have W. Bush. They have already made up positive: an end to apartheid in South done it Washington’s way, we have re- their mind. They don’t care about the Africa, a groundswell in support of de- educated and trained the 487 employ- campaign. We had them going Demo- mocracy in a number of the sub-Saha- ees, and now they are skilled computer cratic only one time since Kennedy, ran countries, and a new openness to operators. Are you going to hire a 47- and that was just momentarily for using the power of free markets to year-old computer operator or the 21- Jimmy Carter. We gave Barry Gold- drive economic growth, with the re- year-old computer operator? You are water more votes, in the 1964 race, than sultant raising of living standards. not going to take on those health he got in Arizona; percentage-wise and At the same time, there is no con- costs; you are not going to take on number-wise, both. tinent that has suffered more from the those retirement costs. Mr. MOYNIHAN. No? ravages of war, disease, hunger, and The little town of Andrew, SC, is Mr. HOLLINGS. Oh, yes. Barry used just simple want than Africa. The daily high and dry, as are many other towns to love to kid me about that. So I know news has more often been filled with with so-called low unemployment, low from whence I am coming. It is just the images of violence and starvation inflation. Since NAFTA, South Caro- that it is terrible to see this thing hap- than the small seeds of economic hope. lina has lost 31,700 textile jobs. The pen all around you. And the new, jobs The question before us is, How can reason I know that figure is because I and all the so-called new employment our great country, the United States, talked with the Northern Textile Asso- is going into retailing, and they are help the transition that Africans them- ciation last weekend. I am briefed on getting paid next to nothing. They will selves have begun? this particular subject. not even assume the health costs and There are many problems we might What we have in the CBI/sub-Sa- everything else of that kind. So it is a try to address and an equal number of hara—the intent is good, to help—but real issue. approaches to solving those problems. I we cannot afford any longer to give And they always do this to me. They am not going to argue that our man- away these critical industries impor- did NAFTA right at the end of the ses- agers’ amendment we will offer is an tant to our national security. sion. Then on GATT, I had to make entire panacea; nor is it equal to the Specifically, I was with Akio Morita them come back after the election. tasks that our African partners have in Chicago in the early eighties. He was Now we have another 10 days, and they before them in the sense that if there is talking about the Third World devel- want to raise it. And I have to make going to be real change there, it has to oping and the developing countries. He the same motion not to proceed. come from within. said they must develop a strong manu- I do appreciate the leadership and the Instead, what our approach attempts facturing capacity in order to become a brilliance of my leader, Senator MOY- to do is to take a small but very sig- nation state. NIHAN, of our Finance Committee. I nificant step towards opening markets Later on he said ‘‘And by the way, thank him for his courtesy. But I am to African trade. The intent is to en- Senator, the world power that loses its going to have to continue to object to courage productive investment there as manufacturing capacity will cease to moving to consider and proceeding on a means of building a market economy be a world power.’’ this particular measure. and doing it from the ground up. Look at the back page of the U.S. I yield the floor. It is a means of giving Africans the News & World Report of last week, and Mr. MOYNIHAN. Bravissimo. opportunity to guide their own eco- the comments our friend Mort Mr. GRASSLEY addressed the Chair. nomic destiny rather than the eco- Zuckerman. You can see we are getting The PRESIDING OFFICER. The Sen- nomic policies of the past that at- a divided society. We are losing those ator from Iowa. tempted to dictate a particular model middle-class jobs. Henry Ford said: I Mr. GRASSLEY. I thank the Chair. of development that was based upon so want my workers to make enough to be Madam President, it is my privilege, much government control of the econ- able to buy what they are making. And for a few moments, to take the place of omy. our strong manufacturing economy has our distinguished chairman of the Sen- The strongest endorsement I can been drained overnight. ate Finance Committee, who will be offer for moving this legislation comes I will bring a list of the particular here shortly, and in my capacity as from these African countries them- items, including textiles where import chairman of that committee’s Sub- selves. Every one of the sub-Saharan penetration is high. So when you get committee on International Trade, to African nations eligible for the benefits and look at the CBI, and you look at speak for our side in support of this under this proposal has endorsed our the sub-Sahara, it is NAFTA without— legislation. efforts. There was a recent full-page and I don’t think NAFTA worked at From the standpoint of speaking for advertisement in Roll Call that you all—without the advantages of NAFTA; our side, this is pretty much a bipar- may have seen recounting the number namely, the side agreements on the en- tisan approach that will have over- of U.S. organizations that support this vironment, the side agreements on whelming support. It is all the more a initiative. They range from the NAACP labor, the reciprocity. There is no reci- privilege to work for legislation that to the Southern Christian Leadership procity. If we are going to let their does have such broad bipartisan sup- Conference to the National Council of products come in duty free, we should port. Churches. tell them to lower their tariffs. So, Madam President, I rise in sup- Our supporters include such notables So this is a bad bill, to begin with. It port of the motion to proceed to H.R. as Coretta Scott King, Andrew Young, should not have passed, almost unani- 434. When we have the opportunity, we and Robert Johnson—the head of Black mously, in that Finance Committee. intend to offer a managers’ amend- Entertainment Television who testified They ought to look at these things ment. And we would do that as a sub- eloquently about the need to create more thoroughly. But the point is, we stitute for the House-passed language. new economic opportunities in Africa have to maintain these manufacturing That substitute will include the Senate when he appeared before our Senate Fi- jobs. Finance Committee’s reported bills on nance Committee. I can remember when I was a child— Africa, an expansion of the Caribbean The effort to move the bill also en- and I know the distinguished Senator Basin Initiative, an extension of the joys broad bipartisan support that I from New York would remember—the Generalized System of Preferences, and have already alluded to and com- last call for breakfast, Don McNeil and the reauthorization of the Trade Ad- plimented our colleagues on. It goes ‘‘Breakfast Club’’ up there in Chicago. justment Assistance Act. beyond bipartisanship in this body. It I feel like this is sort of the last call I want to explain the intent behind goes to the President himself because tonight for my textile friends. We will these different Finance Committee in his State of the Union Address, he get into it more thoroughly because it bills that will be grouped together in identified this bill as one of his top for- isn’t just the textile people. The truth the managers’ amendment. eign policy and trade priorities. The is, I didn’t carry Anderson, Greenville, Africa, as everyone knows, has un- Finance Committee’s ranking member, and Spartanburg Counties, which have dergone significant changes, as re- as you have already heard, Senator

VerDate 12-OCT-99 03:25 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.132 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S13005

MOYNIHAN, is a cosponsor and public in the past 2 years by a series of hurri- strong partnership with firms in both supporter of the Africa bill, along with canes that in some instances dev- Africa and the Caribbean. Secondly, it being a tireless advocate of trade ex- astated much of the existing economic helps establish a platform from which pansion in both word and deed over infrastructure. No one can forget the the American textile industry can com- several decades. pictures of devastation we saw of the pete in this global market. The distinguished minority leader Dominican Republic, Guatemala, and I want to refer to the industry’s own was one of the first to recognize the Honduras following Hurricane Mitch— analysis. That analysis shows that the need for a special focus on Africa in homes, farms, factories, we saw on tel- approach adopted by our Senate Fi- trade terms when he called for such a evision, literally washing away over- nance Committee offers real benefits to program as part of the Uruguay Round night, buried in clay. U.S. industry and to U.S. employment. implementing legislation that passed Members of the Finance Committee It gives our industry a fighting chance this body 4 years ago. And, the very and many of our other colleagues had in the years to come, as textile quotas fact the majority leader has found time the opportunity to meet recently with are gradually eliminated pursuant to for us to debate this bill this late in the presidents of a number of Central the World Trade Organization agree- this session, when there is so much American countries. Those presidents ment on textiles. pressure to address other issues, is in- indicated that the single most impor- The reason I raise this point goes dicative of our majority leader’s sup- tant action we in the United States back to the efforts of our committee port. and our Government could take in and our chairman to reestablish a bi- So in summation, you can see strong their interest was not foreign assist- partisan consensus on trade. In my bipartisan support exists for the man- ance but economic opportunity to com- view, the textile industry and all of its agers’ amendment, and that the man- pete in a growing regional market. related parts will face significant eco- They saw this proposed legislation as agers’ amendment will also include the nomic adjustment as a result of the a fulfillment of the promise extended Caribbean Basin Initiative. World Trade Organization textiles by this Congress in that original legis- The approach adopted by the Finance agreement. That adjustment has al- lation of 1983, the promise for a new Committee is consistent with the ad- ready begun to take place. ministration’s own proposal. It is also economic relationship with the Carib- What the industry found, however, bean and Central America. We must broadly consistent with the proposal based on its experience under NAFTA, continue to fulfill that promise as, introduced by Senator GRAHAM, who is that partnering with Mexican firms hopefully, our country keeps its prom- has also been a tireless advocate on be- or investing there for joint United ises, and not act as a charity but as a half of the Caribbean Basin Initiative States-Mexican production made our continuation of the leadership we have and the opportunity that that bill and own United States firms very competi- shown in our continent and our hemi- that program provide for the bene- tive. They discovered that United sphere, leadership that has put us on ficiary countries in the Caribbean and States firms became competitive even the cusp of the ultimate goal of the Central America. in the face of fierce competition they 21st century version of the Monroe In substance, the managers’ amend- faced from textile industries in the de- Doctrine, a hemisphere of democrat- ment on CBI adopts an approach simi- veloping world, and particularly the ically elected governments, a hemi- lar to that afforded sub-Saharan Africa countries of China and India. sphere of free markets, and a hemi- under the proposed bill. Indeed, both of The Finance Committee bills would sphere with rising standards of living. those proposals build on the model es- By moving this legislation forward, broaden the base from which American tablished with the passage of the origi- we will help these economies continue firms could produce for the world mar- nal CBI legislation, I believe, now, 15 or to grow and we will be investing in im- ket. In the context of the Uruguay 16 years ago. portant markets that will become more Round, we made an implicit commit- In fact, it was 1983 that that bill was integrated with our own, a market in- ment to the textile industry to allow adopted. When it was adopted, the re- tegration that benefits the United them a period of adjustment to a new gion was beset with economic problems States as well. economic reality. I am proud to sup- and wrenched with civil strife. The In light of that fact, it might be port the proposed legislation and to goal of the original legislation was to worth mentioning the importance of make good on that promise by encour- encourage new economic opportunities this legislation to one industry in par- aging the industry to compete globally and a path towards both political and ticular, the textile industry, something as well as locally. economic renewal. It accomplished the Senator from South Carolina has Through our managers’ amendment, that by offering a unilateral grant of addressed but from a different point of we intend to propose something that tariff preferences designed to encour- view than I. When I say textile indus- would take two other significant steps. age productive investment, economic try, I mean everyone from a farmer The first is the renewal of the General- growth, and the resultant higher stand- growing cotton to the yarn spinner, the ized System of Preferences. We call ard of living. fabric maker, the apparel manufac- that GSP for short. The GSP program The original Caribbean Basin Initia- turer, producers of textile manufac- has been on our statutes since 1975. tive, which we made permanent in 1990, turing equipment, as well as the whole- GSP affords a grant of tariff pref- recognized that economic hope was es- salers and retailers, everything from erences to developing countries gen- sential to peace and political stability the farm to the consumer. The Africa erally, although not as extensive as throughout the region. However, since bill and the Caribbean Basin Initiative those the proposal offers to Africa and 1990 we have had the intervening nego- bills are drafted to create a win-win to the Caribbean. GSP is generally de- tiation of the North American Free situation for both our trading partners scribed as a unilateral grant of pref- Trade Agreement, and that undercut and for our own domestic industries. erences, and that is a very accurate de- the preferences initially offered to the The managers’ amendment we will scription. Caribbean and Central American bene- offer takes a different approach than What is little known is that the pro- ficiaries of the Caribbean Basin Initia- that of the House bill. Our bill is de- gram has had more profound benefits tive. signed to create a partnership between for U.S. trade than is captured by that So the managers’ amendment we will America and industries, not to the ben- fairly significant description that offer is an attempt to restore that mar- efit of one or the other, but to the ben- doesn’t describe the program so well. gin of preference to the Caribbean pro- efit of both regions. Our proposal would The original GSP program was in- ducers and the economic opportunity accomplish that by affording pref- strumental in obtaining the commit- the original CBI legislation was de- erential tariff and also preferential ment of continental powers like Great signed to create. quota treatment to apparel made from Britain to give up, finally, the highly It is also an attempt to respond to American-made fabric, and it would be discriminatory tariff systems they en- the hardships the region has faced due American-made fabric in order to qual- forced in their economic relations with to natural disaster. That region, as we ify. their former colonies. In other words, know, including both the Caribbean This does two things: First, it gives the creation of the GSP was instru- and Central America, has been hard hit American firms an incentive to build a mental in eliminating discriminatory

VerDate 12-OCT-99 03:25 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.134 pfrm01 PsN: S21PT1 S13006 CONGRESSIONAL RECORD — SENATE October 21, 1999 trade barriers that distorted trade and jobs and expanding our economy and the President, given the terrible situa- thwarted our exporters’ access to mar- still help the rest of the world through tion our farmers face. kets throughout the entire developing these policies—and we have done that— Again, prices remain at 25-year lows. world. we should continue to do that because, The package we moved through Con- That beneficial program—GSP—has as President Kennedy said, ‘‘Trade, not gress is critical to helping farmers’ been around a while and accomplished aid.’’ cash-flow. President Clinton has given a lot of good, but it has lapsed; it For an American populace that speeches about helping farmers. Why lapsed a few months ago, in June. So doesn’t like foreign aid, I hope that isn’t he taking, then, affirmative ac- our managers’ amendment would pro- they will join us in the Congress behind tion and putting pen to paper to help pose its renewal. these bipartisan efforts to promote our the farmers who he knows have tre- The managers’ amendment will also national interests and strengthen our mendous needs at a time of prices renew our Trade Adjustment Assist- world leadership through these trade being at 25-year lows? ance programs. As my colleagues policies that help us, as well as helping Last year, an election year, the know, I am a strong supporter of free these developing nations. President immediately signed the sup- and fair trade. But I have, at the same I yield the floor. plemental spending bill that contained time, consistently taken the view that Madam President, I suggest the ab- more than $5 billion, when this crisis in those who benefit from expanding trade sence of a quorum. agriculture started 12 months ago. The must look out for those who may be in- The PRESIDING OFFICER. The U.S. Department of Agriculture had jured by the process of economic ad- clerk will call the roll. those funds in the mail to farmers justment that trade brings. The legislative assistant proceeded within 10 days. The President has al- The Trade Adjustment Assistance to call the roll. ready lost 7 days in that process. This programs are one part of that commit- Mr. BROWNBACK. Madam President, year, of course, is a sharp contrast with ment. They offer assistance to both I ask unanimous consent that the order getting the bill signed and getting the workers and firms that have faced a for the quorum call be rescinded. money to the farmers. Every day that significant increase in import competi- The PRESIDING OFFICER. Without President Clinton delays is one more tion as they adjust to these new eco- objection, it is so ordered. day that farmers don’t have the assist- nomic conditions. They have been on f ance Congress passed and they des- the books since the Trade Expansion perately need. MORNING BUSINESS Act of 1962. And the committee has I happen to know that the President made every effort to ensure that they Mr. BROWNBACK. Madam President, understands American agriculture, are renewed to fulfill the bargain on I ask unanimous consent that there being the Governor of the State of Ar- trade policy originally struck with now be a period for the transaction of kansas for as long as he was. I know U.S. firms and U.S. workers over 30 morning business, with Senators per- that one time, in his first couple years years ago. So what we do with this re- mitted to speak therein for up to 10 in office, he looked me in the eye at a authorization is keep our contract with minutes each. meeting at the Blair House and he said, these industries, and if trade unfairly The PRESIDING OFFICER. Without ‘‘I understand farming more than any affects them, we will be able to help objection, it is so ordered. other President of the United States them in a transition period. That is f ever has.’’ I believe that, but he doesn’t something we should do. It has worked EMERGENCY MONEY FOR show an understanding of the crisis in well and we propose to continue it. AMERICA’S FARMERS agriculture at this particular time, as There is, however, a real urgency to he has waited now too many days to their renewal at this time. As I have Mr. GRASSLEY. Madam President, I sign this bill. said, they have lapsed and, unless they would like to say a few words about the I urge the President this very are renewed promptly, they will fall $69 billion annual U.S. Department of evening to sign this bill so that the out of the budget baseline and will, in Agriculture appropriations bill that farmers who are in crisis—which he has the future, need a revenue offset. happens to contain $8.7 billion in emer- even given speeches on, recognizing In the context of the current debate gency money for American farmers. farming is in crisis—can have the help over trade and trade policy, I view This legislation was sent from Cap- of the $2.7 billion provided for in this these programs as a minimum down- itol Hill to the President’s desk last legislation. payment on reestablishing a bipartisan Wednesday, October 13. Every day the I yield the floor. consensus on trade matters. And so I President delays signing this bill is one f urge our colleagues to support the mo- more day relief money is not in the tion to proceed to the bill in order to farmers’ pockets at this time of the NOMINATION OF JUSTICE RONNIE renew these essential programs. lowest prices in 25 years. WHITE Having discussed the intent behind Naturally, I know the White House is Mr. LEAHY. Madam President, for each of the measures I intend to move entitled to a few days to review the many months I had been calling for a as a part of the Senate substitute, I document for signature by the Presi- fair vote on the nomination of Justice want to add one last point. We have be- dent. But that process does not and Ronnie White to the federal court. In- fore us in this legislation an oppor- should not take 8 days that the bill has stead, the country witnessed a party tunity to reestablish a strong measure been sitting on the President’s desk, line vote as all 54 Republican members of bipartisan support for what we in particularly considering the emergency of the Senate present that day voted the Finance Committee view as an im- economic crisis in American agri- against confirming this highly quali- portant trade and foreign policy initia- culture. fied African-American jurist to the fed- tive. So let us take this step and let us Since September 30, President Clin- eral bench. I believe that vote to have move forward in a way that will benefit ton has been engaged in a strategy to been unprecedented—the only party Africa and the Caribbean—a way that confuse the public and to try to get line vote to defeat a judicial nomina- will benefit much of the rest of the de- Congress to accept tax and spending in- tion I can find in our history. veloping world—and a way that will creases. The only conclusion I can draw There was brief debate on this nomi- serve our own national interests as is that the President has decided to use nation and two others the night before well. the agricultural relief bill for leverage the vote. At that time, I attempted, as And we propose this legislation with in the political game we have seen with best I could through questions in the the U.S. national interest in mind, be- the budget this year. If that is true— limited opportunity allotted, to clarify cause we are cognizant of the fact that and I hope it is not true, based on some the record of this outstanding judge if we in the Congress do not look out comments made by Secretary Glick- with respect to capital punishment ap- for the interests of the American work- man; but the fact remains, the Presi- peals and to outline his background er, we can’t expect anybody else to do dent has not signed the bill containing and qualifications. it. But when we can have the benefits emergency relief for farmers—then, of I noted that Justice White had, in of protecting our workers and creating course, it is unforgivable on the part of fact, voted to uphold the imposition of

VerDate 12-OCT-99 03:25 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.137 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S13007 the death penalty 41 times. I observed the discussion before the Senate, the color but white. . . . While minorities need to that other members of the Missouri Su- appellate decision did not turn on the be represented, or [sic] course, I believe the preme Court, including members of the grizzly facts or abhorrence of the time has come for us to place much more Court appointed by Republican gov- crimes, but difficult legal questions emphasis and concern on the hardworking taxpayers in this country.—Kinder, 942 ernors, had similar voting records and concerning the standard by which an S.W.2d at 321. more often than not agreed with Jus- appellate court should evaluate claims As Justice White’s dissent correctly tice White, both when he voted to up- of ineffective assistance of counsel. points out, the holding of the case re- hold the death penalty and when he Justice White sought to apply the wrote Missouri Supreme Court prece- joined with a majority of that Court to standard set by the United States Su- dent instead of following it. Without reverse and remand such cases for re- preme Court in Strickland v. Wash- regard to the principles of stare decisis, sentencing or a new trial. Of the 59 cap- ington, 466 U.S. 668 (1984), and reiter- following precedent, and avoiding judi- ital punishment cases that Justice ated in Kyles v. Whitley, 514 U.S. 419 cial activism, the majority reversed White has reviewed, he voted with the (1995). Thus, the dispute between Jus- Missouri law (without acknowledging majority of that Court 51 times—41 tice White and the majority was that fact) to achieve a desired result. times to uphold the death penalty and whether an appellant may succeed if he The majority opinion rests on the nar- 10 times to reverse for serious legal shows that there was a ‘‘reasonable row proposition that only ‘‘judicial error. probability’’ of a different result, or statements’’ that raise a doubt as to As best I can determine, in only six whether he is required to show that the the judge’s willingness to follow the of these 59 cases did Justice White dis- counsel’s unprofessional conduct was law provide a basis for disqualification, sent from the imposition of a death outcome-determinative and thus the and ‘‘distinguished’’ this case from penalty, and in only three did he do so ‘‘most likely’’ reason why his defense controlling precedent because the evi- with a dissent that was not joined by was unsuccessful. Indeed, the case dence of racial bias was contained in other members of the court. That is turns on an issue similar to that being what the majority characterized as a hardly the record that the Senate was currently considered by the United ‘‘political statement.’’ Justice told about Monday and Tuesday of the States Supreme Court this term. Far Limbaugh, who had dissented from the first week in October, when it was told from creating a ‘‘new ground’’ for ap- earlier Missouri Supreme Court deci- that Justice White was an anti-death peal or urging a ‘‘lower legal standard’’ sion on which Justice White relied, penalty judge, someone who was of review, Justice White’s dissent wrote the majority opinion in Kinder, ‘‘procriminal and activist with a slant sought to apply what he understood to which stated: toward criminals,’’ someone with ‘‘a be the current legal standard to the serious bias against a willingness to gruesome facts of a difficult case. To the extent the comments can be read to impose the death penalty,’’ someone disparage minorities, there is little point in Likewise troubling was the use by defending them, even as the political act who seeks ‘‘at every turn’’ to provide those who opposed the nomination of opportunities for the guilty to ‘‘escape they were intended to be. But they are a po- Justice White’s dissent in the Kinder litical act, not a judicial one, and as such, punishment,’’ and someone ‘‘with a tre- case, a 1996 decision. State v. Kinder, 942 they do not necessarily have any bearing on mendous bent toward criminal activ- S.W.2d 313 (Mo. 1996). That case also the judge’s in-court treatment of minori- ity.’’ arose from brutal crimes, which were, ties.—Id. The majority opinion created a rule The opposition to Justice White pre- or course, detailed for the Senate. that consciously disregards political state- sented a distorted view by concen- What is troubling is the characteriza- ments of a judge evidencing racial bias. trating on two lone dissents out of 59 tion of the legal issue on appeal by Jus- In his dissent, Justice White, quoting capital punishment cases. Making mat- tice White’s detractors. Justice White from the earlier Missouri Supreme ters worse, the legal issues involved in did not say that the case was ‘‘con- Court decision, wrote: ‘‘‘[F]undamental those cases were not even discussed. In- taminated by racial bias’’ because the fairness requires that the trial judge be stead, the opposition was concentrated trial judge ‘‘had indicated that he op- free of the appearance of prejudice on the gruesome facts of the crimes. posed affirmative action and had against the defendant as an individual I believe it was another member of switched parties based on that.’’ The and against the racial group on which the Missouri Supreme Court, one of dissent did not turn on the political af- the defendant is a member.’’ He noted those appointed by a Republican gov- filiation of the judge or his opposition that ‘‘conduct suggesting racial bias ernor of Missouri, who wrote in his own to affirmative action. In fact, Justice ‘undermines the credibility of the judi- sole dissent in a gruesome case of kid- White expressly stated that the trial cial system and opens the integrity of naping, rape, and murder of a teenage judge’s position on affirmative action the judicial system to question.’’’ girl: was ‘‘irrelevant to the issue of bias.’’ Kinder, 942 S.W.2d at 341, citing State v. Occasionally, the heinousness of a crime, Rather, the point of the dissent was Smulls, 935 S.W.2d 9, 25–27 (Mo. 1986). the seeming certainty of the same result if I believe that fairminded people who the case is remanded and the delay occa- that the majority opinion was chang- ing the law of Missouri by reinter- read and consider Justice White’s dis- sioned by a second remand tempt one to sent in Kinder will appreciate the wink at procedural defects. Nevertheless, the preting state law precedent and re- cornerstone of any civilized system of justice stricting it in an artificially truncated strength of his legal reasoning. Cer- is that the rules are applied evenly to every- way to avoid the recusal of the trial tainly that was the reaction of Stuart one no matter how despicable the crime.— judge, which Missouri law at that time Taylor, Jr. in his article in the October State v. Nunley, 923 S.W.2d 911, 927 (Mo. 1996) required. 16 National Journal and of Benjamin (Holstein, J., dissenting). The case led to long and complicated Wittes in his October 13 column in the Indeed, in his dissent in State v. opinions by the majority and dissent. Washington Post. Through the Kinder Johnson, Justice White makes a simi- The opposition to Justice White chose decision, the Missouri Supreme Court lar point when he notes: to characterize the case as if the trial has created new law that provides very This is a very hard case. If Mr. Johnson judge was accused of racial bias merely narrow restrictions on judges’ conduct. was in control of his faculties when he went for not favoring affirmative action Indeed, a Missouri criminal trial judge on this murderous rampage, then he as- could now apparently lead a KKK rally suredly deserves the death sentence he was policies. In fact, the trial judge was facing an election and had issued a one night and spout racial hatred, epi- given. But the question of what Mr. John- thets and calls for racial conflict, and son’s mental status was on that night is not press release less than a week before susceptible of easy answers. . . . This is an the defendant’s trial. The defendant preside over the criminal trial of an Af- excellent example of why hard cases make was an indigent, unemployed African- rican-American defendant the next bad law. While I share the majority’s horror American man. The judge’s statement morning—so long as he did not say at this carnage, I cannot uphold this as an read, in pertinent part: anything offensive as a ‘‘judicial state- acceptable standard of representation for a The truth is that I have noticed in recent ment’’ in connection with the trial. defendant accused of capital murder.—State years that the Democrat party places too Fairness and credibility are impor- v. Johnson, 968 S.W.2d 123, 138 (Mo. 1998). much emphasis on representing minorities tant values for all government actions, Although you would never know the such as homosexuals, people who don’t want and especially important to the guar- legal issue involved in this case from to work, and people with a skin that’s any antee of due process that makes our

VerDate 12-OCT-99 04:32 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.068 pfrm01 PsN: S21PT1 S13008 CONGRESSIONAL RECORD — SENATE October 21, 1999 justice system the best in the world. erations. See State v. Canton, 775 S.W.2d death penalty has been far more sup- Those same qualities of fairness, credi- 352 (Mo. App. 1989); State v. Welch, 755 portive of the rights of victims than of bility, and integrity are essential to S.W.2d 624 (Mo. App. 1988); Note, ‘‘The the rights of criminals.’’ They see his the Senate confirmation process. Constitutionality of Drug Enforcement record as having voted to reverse the It is worth noting that many of the Checkpoints in Missouri,’’ 63 Mo. L. death penalty ‘‘in far fewer instances same critics of Justice White’s opinion Rev. 263 (1998). I wonder how we all than the other Justices on the Court’’ in the Kinder case adopt the opposite might feel if instead of seizing mari- and note that he ‘‘also voted to affirm posture and a different standard when juana, the armed men in camouflage the death penalty in 41 cases.’’ The it comes to evaluating Judge Richard fatigues shining flashlights into the Missouri Fraternal Order of Police ex- Paez, a nominee who has been held up faces of motorists in an isolated area presses its regret for ‘‘the needless in- without a vote for 44 months. Judge late at night were seizing firearms. jury which has been inflicted on the Paez is roundly criticized for a ref- Another decision that has not been reputation of Justice White’’ and con- erence in a speech he gave in which he mentioned in the course of this debate cludes that ‘‘our nation has been de- commented on the early stages of an on Justice White’s nomination is the prived of an individual who surely initiative effort that later became decision of the people of Missouri to re- would have proven to be an asset to the Proposition 209 in California. Those tain Justice White as a member of Federal Judiciary.’’ I thank President who led the Republican fight against their Supreme Court. Although ini- Thomas W. Mayer and all the FOP Justice White reverse themselves when tially appointed, pursuant to Missouri members in Missouri for speaking out it comes to opposing the Hispanic law Justice White went before the vot- on behalf of this fine judge and sharing nominee from California and criticize ers of Missouri in a retention election their perspective with us. him for much more circumspect com- in 1996. I am informed that he received I certainly understand and appreciate ments predicting the likely reaction to over 1.1 million votes and a favorable Sheriff Kenny Jones deciding to write that initiative in the Hispanic commu- vote of 64.7 percent. to fellow sheriffs about this nomina- nity. These critics would not only dis- All of the cases on which the opposi- tion. Sheriff Jones’ wife was killed in qualify Judge Paez from hearing a case tion to Justice White relied were de- the brutal rampage of James Johnson, involving Proposition 209, but would cided before his hearing and before he from whose conviction and sentence disqualify him from confirmation as a was twice reported favorably by a bi- Justice White dissented on legal federal appellate judge. partisan majority of the Senate Judici- grounds concerning the lack of com- Justice White’s detractors contend ary Committee in May 1998 and July petent representation the defendant re- that they oppose ‘‘judicial activism,’’ 1999. Although Justice White was first ceived during the trial. All Senators which they define as a judge sub- nominated to the federal bench in 1997, give their respect and sympathy to stituting his personal will for that of the Judiciary Committee did not re- Sheriff Jones and his family. the legislature. However, in none of the ceive negative comments about him I also understand the petition sent by cases on which they rely is a statute until quite recently. No law enforce- the Missouri Sheriffs Association to implicated. Instead, in each of these ment opposition of any kind was re- the Judiciary Committee as a result of cases Justice White appears to be fol- ceived by the Committee of the Senate Sheriff Jones’ letter to other Missouri lowing controlling precedent. In the in 1997 or 1998. sheriffs. In early October, the Judici- Kinder case, it is the majority that This year, Justice White was renomi- ary Committee received that petition changed the law of Missouri. Likewise nated with significant fanfare in Janu- along with a copy of Justice White’s in the Johnson case, it was the major- ary and major newspapers in the state dissent in the Johnson case with a ity that reached out to distinguish that reported on the status on the nomina- cover letter dated September 27. It is a case and alter the way in which the tion. I began repeated calls for his con- statement of support for Sheriff Jones governing legal standard for review sideration by February. The Com- and shows remarkable restraint. The 63 was to be applied. mittee finally proceeded to reconsider Missouri county sheriffs and 9 others Finally, the third case on which the and report his nomination, again, in who signed the petition ‘‘respectfully opposition to Justice White relies, July 1999. Still, the Judiciary Com- request that consideration be given to State v. Damask, 936 S.W.2d 565 (Mo. mittee received no opposition from [Justice White’s dissenting opinion in 1996), is not concerned with legislative Missouri law enforcement. Johnson] as a factor in the appoint- action either. In this case, the Court The first contact the Judiciary Com- ment to fill this position of U.S. Dis- upheld the constitutionality of law en- mittee received from Missouri law en- trict Judge.’’ forcement checkpoints without war- forcement was a strong letter of sup- I want to assure the Missouri Sheriffs rants or reasonable suspicion. The ma- port and endorsement from the Chief of Association and all Senators that I jority reached out to distinguish the Police of the St. Louis Metropolitan took their concern seriously and recon- case from governing precedent, Police Department. I thank Colonel sidered the dissent in that case to see changed the rules under which it Henderson for contacting the Com- whether I saw in it anything disquali- viewed the governing facts, and chal- mittee and sharing his views with us. I fying or anything that would lead me lenged the factual basis on which the have recently read that the Missouri to believe that Justice White would not lower courts had based their conclu- Police Chiefs Association, representing support enforcement of the law. I re- sions. 465 members across the state, does not spect them for having contacted us and In his dissent in Damask, Justice get involved in judicial nominations. I for the way in which they did so. It is White relied on the authority of the understand that policy because it is terribly hard to continue to honor United States Supreme Court in Dela- shared by many law enforcement orga- those we have loved and lost by re- ware v. Prouse, 440 U.S. 648 (1979). See nizations that I know. I also appreciate specting the rule of law that guaran- also Galberth v. U.S., 590 A.2d 990 (D.C. that when asked by a reporter re- tees constitutional rights to those ac- App. 1991). His ruling expressly recog- cently, the president of the Missouri cused, tried, and convicted of killing nizes the importance of combating Police Chiefs Association described innocent members of our dedicated law drug trafficking and, relying on the Justice White as ‘‘an upright, fine indi- enforcement community. record of the cases, concludes that the vidual’’ and that he knew Justice Whether the nomination of Justice checkpoints were the types of discre- White personally and really had ‘‘a White or consideration of the legal tionary investigatory stops forbidden hard time seeing that he’s against law issues considered in his opinions by governing precedent. Justice White enforcement’’ and never thought of ‘‘sparked strong concerns’’ among Mis- worried that these operations had not him as ‘‘procriminal.’’ souri law enforcement officers, or been approved by politically account- The Missouri State Lodge of the Fra- whether controversy about this nomi- able public officials and that the courts ternal Order of Police has indicated on nation was otherwise generated, I am should not substitute their judgment behalf of its 4,500 dedicated law en- not in position to know. I do know this: for law enforcement authorities and forcement officer members in Missouri, I respect and consider seriously the public officials who were responsible that they view Justice White’s record views of law enforcement officers. As a and accountable for designing such op- as ‘‘one of a jurist whose record on the former State’s Attorney and former

VerDate 12-OCT-99 04:34 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.069 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S13009 Vice President of the National District FRATERNAL ORDER OF POLICE, portant principle of the amendment Attorneys Association, I hear often MISSOURI STATE LODGE, that was in the Senate-passed bill was from local prosecutors, police and sher- October 21, 1999. that it allowed for Federal prosecution iffs, both in Vermont and around the Sheriff PHILIP H. MCKELVEY, of hate crimes without impeding the country. I work closely with local law President, National Sheriff’s Association, Alexandria, VA. rights of states to prosecute these enforcement and national law enforce- DEAR SHERIFF MCKELVEY: I am writing on crimes. ment organizations on a wide variety behalf of the more than 4,500 members of the The adoption of this amendment by of issues. I know from my days in local Missouri State Fraternal Order of Police to the Senate was an important step for- law enforcement that there are often express my great consternation at your orga- ward in ensuring that the perpetrators disagreements between police and pros- nization’s recent opposition to the confirma- of these harmful crimes are brought to ecutors and with judges about cases. I tion of Justice Ronnie White to the Federal justice. The American public knows bench, an opposition which I sincerely hope respect that difference and understand that Congress should pass this legisla- it. was not simply politically motivated. The record of Justice White is one of a ju- tion, and it is unfortunate that the With respect to the views expressed rist whose record on the death penalty has conferees did not retain this important by law enforcement representatives on been far more supportive of the rights of vic- language. Justice Ronnie White’s nomination, tims than of the rights of criminals. While in Congress should pass this legislation, both for and against, I say the fol- fact voting 17 times for death penalty rever- and I will work to ensure that this leg- lowing: I have considered each of the sals, he has voted to do so in far fewer in- islation is enacted into law in the very letters produced during the course of stances than the other Justices on the Court. near future. the Senate debate and reconsidered the In addition, Justice White has also voted to f cases to which they refer. I respectfully affirm the death penalty in 41 cases. disagree that those decisions present a The Fraternal Order of Police is no strang- THE VERY BAD DEBT BOXSCORE basis to vote against the confirmation er to fighting to see that justice is served for slain law enforcement officers and their fam- Mr. HELMS. Madam President, at of Justice Ronnie White to the federal ilies. Our organization has been at the fore- the close of business yesterday, court. Far from presenting a pattern of front of bringing to justice Munia Abu- Wednesday, October 20, 1999, the Fed- ‘‘procriminal jurisprudence’’ or ‘‘tre- Jamal, establishing a nationwide boycott of eral debt stood at $5,669,462,199,918.75 mendous bent toward criminal activ- individuals and organizations which finan- (Five trillion, six hundred sixty-nine ity,’’ they are dissents well within the cially support the efforts of this convicted billion, four hundred sixty-two million, cop killer. In addition, the FOP led the fight legal mainstream and well supported one hundred ninety-nine thousand, by precedent and legal authority. Fur- against President Clinton’s clemency of 16 convicted Puerto Rican terrorists respon- nine hundred eighteen dollars and sev- ther, if considered in the context of his enty-five cents). body of work, achievements, and quali- sible for a wave of bombing attacks on U.S. soil and the wounding of three New York One year ago, October 20, 1998, the fications, they present no basis for vot- City police officers. Federal debt stood at $5,543,686,000,000 ing against this highly qualified and Unfortunately however, nothing can undo (Five trillion, five hundred forty-three widely respected nominee. I conclude, the needless injury which has been inflicted billion, six hundred eighty-six million). as did the Missouri State Lodge of the on the reputation of Justice White, and our Five years ago, October 20, 1994, the Fraternal Order of Police, that ‘‘our nation has been deprived of an individual who surely would have proven to be an asset Federal debt stood at $4,709,361,000,000 nation has been deprived of an indi- (Four trillion, seven hundred nine bil- vidual who surely would have proven to to the Federal Judiciary. On behalf of the membership of the Fra- lion, three hundred sixty-one million). be an asset to the Federal Judiciary.’’ ternal Order of Police, I would encourage Ten years ago, October 20, 1989, the With all due respect, I do not believe you to exercise greater judgment in future Federal debt stood at $2,876,433,000,000 that any constituency or interest battles of this sort. It is a great disservice to (Two trillion, eight hundred seventy- group, even one as important as local the members of your organization, and the six billion, four hundred thirty-three law enforcement, is entitled to a Sen- nation as a whole, to choose to do otherwise. ate veto over a judicial nomination. Sincerely, million) which reflects a doubling of Each Senator is elected to vote his or THOMAS W. MAYER, the debt—an increase of almost $3 tril- her conscience on these judicial ap- President, Missouri State FOP. lion—$2,793,029,199,918.75 (Two trillion, pointments, not any special interest or f seven hundred ninety-three billion, twenty-nine million, one hundred nine- party line. When Senators do not vote COMMERCE–JUSTICE–STATE AP- their conscience, they risk the debacle ty-nine thousand, nine hundred eight- PROPRIATIONS CONFERENCE RE- een dollars and seventy-five cents) dur- that we witnessed on October 5th, when PORT a partisan political caucus vote re- ing the past 10 years. sulted in a fine man and highly quali- Mr. JEFFORDS, I rise today to ex- f press my profound disappointment that fied nominee being rejected by all Re- NOMINATIONS publican Senators on a party line vote. the Conference Report to the Fiscal It is too late for the Senate to undo Year 2000 Commerce, Justice, State Mrs. BOXER. Madam President, as the harm done to Justice White. What and the Judiciary Appropriations bill my colleagues know, I have been urg- the Senate can do now is to make sure removed language that was in the Sen- ing the Majority Leader to schedule that partisan error is not repeated. The ate passed bill to expand Federal juris- Senate debate and votes on two nomi- Senate should ensure that other minor- diction in investigating hate crimes. nees for the Ninth Circuit Court of Ap- ity and women candidates receive a The language inserted in the Senate peals —Marsha Berzon and Richard fair vote. We can start with the nomi- passed bill would expand Federal juris- Paez. Judge Paez was first nominated nations of Judge Richard Paez and diction in investigating hate crimes by 45 months ago. Ms. Berzon’s nomina- Marsha Berzon, which have been held removing the requirement in Federal tion has been pending for almost 2 up far too long without Senate action. hate crime law that only allows federal years. It is past time for the Senate to do the prosecution if the perpetrator is inter- I know that the Majority Leader sup- just thing, the honorable thing, and fering with a victim’s federally pro- ports the nomination of Glenn vote to confirm each of these highly tected right like voting or attending McCullough to the Board of Directors qualified nominees. Let us start the school. It would also extend the protec- of the Tennessee Valley Authority. healing process. Let us vote to confirm tion of current hate crime law to those I have no objection to voting on Mr. Judge Richard Paez and Marsha Berzon who are victimized because of their McCullough. I voted him favorably out before this session ends. gender, sexual orientation, or dis- of the Environment and Public Works I ask unanimous consent that a copy ability. Committee this week. of the October 21, 1999 letter from the Any crime hurts our society, but What I do object to is keeping the Missouri State Fraternal Order of Po- crimes motivated by hate are espe- nominations of Judge Paez and Marsha lice be printed in the RECORD. cially harmful. Many states, including Berzon from the Senate floor long after There being no objection, the letter my state of Vermont, have already they have been voted out of committee. was ordered to be printed in the passed strong hate crimes laws, and I So I have no problem with Senator RECORD, as follows: applaud them in this endeavor. An im- LOTT’s nominee, who has been waiting

VerDate 12-OCT-99 03:48 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.070 pfrm01 PsN: S21PT1 S13010 CONGRESSIONAL RECORD — SENATE October 21, 1999 for a Senate vote for two days—as long ice, Marketing and Regulatory Programs, ance’’ (FRL #6382–6), received October 15, as Senator LOTT and the Republican Department of Agriculture, transmitting, 1999; to the Committee on Agriculture, Nu- majority also consider those who have pursuant to law, the report of a rule entitled trition, and Forestry. EC–5734. A communication from the Direc- been waiting years for a vote. ‘‘Milk in the New England and Other Mar- keting Areas; Final Rule; Delay of Effective tor, Office of Regulatory Management and f Date—(DA–97–12)’’, received October 7, 1999; Information, Office of Policy, Planning and MESSAGES FROM THE HOUSE to the Committee on Agriculture, Nutrition, Evaluation, Environmental Protection Agen- and Forestry. cy, transmitting, pursuant to law, the report ENROLLED BILL SIGNED EC–5726. A communication from the Con- of a rule entitled ‘‘Sethoxydim; Pesticide At 10:57 a.m., a message from the gressional Review Coordinator, Regulatory Tolerances for Emergency Exemptions’’ House of Representatives, delivered by Analysis and Development, Policy and Pro- (FRL #6385–9), received October 15, 1999; to Mr. Berry, one of its reading clerks, an- gram Development, Animal and Health In- the Committee on Agriculture, Nutrition, spection Service, Department of Agriculture, and Forestry. nounced that the Speaker has signed transmitting, pursuant to law, the report of EC–5735. A communication from the Direc- the following enrolled bill: a rule entitled ‘‘Tuberculosis in Cattle and tor, Office of Regulatory Management and H.R. 2670. An act making appropriations Bison; State Designations; California, Penn- Information, Office of Policy, Planning and for the Departments of Commerce, Justice, sylvania, and Puerto Rico’’ (Docket #99–063– Evaluation, Environmental Protection Agen- and State, the Judiciary, and related agen- 1), received October 19, 1999; to the Com- cy, transmitting, pursuant to law, the report cies for the fiscal year ending September 30, mittee on Agriculture, Nutrition, and For- of a rule entitled ‘‘Metolachlor; Extension of 2000, and for other purposes. estry. Tolerance for Emergency Exemptions’’ (FRL The enrolled bill was signed subse- EC–5727. A communication from the Con- #6386–1), received October 15, 1999; to the gressional Review Coordinator, Regulatory Committee on Agriculture, Nutrition, and quently by the President pro tempore Analysis and Development, Policy and Pro- Forestry. (Mr. THURMOND). gram Development, Animal and Health In- EC–5736. A communication from the Direc- ENROLLED BILL SIGNED spection Service, Department of Agriculture, tor, Office of Congressional Affairs, Nuclear At 3:49 p.m., a message from the transmitting, pursuant to law, the report of Regulatory Commission, transmitting, pur- House of Representatives, delivered by a rule entitled ‘‘Animal Welfare; Perimeter suant to law, the report of a rule entitled ‘‘Revision 1 of Regulatory Guide 8.15, ‘Ac- Ms. Niland, one of its reading clerks, Fence Requirements’’ (Docket #95–029–2), re- ceived October 19, 1999; to the Committee on ceptable Programs for Respiratory Protec- announced that the Speaker has signed Agriculture, Nutrition, and Forestry. tion’ ’’, received October 15, 1999; to the Com- the following enrolled bill: EC–5728. A communication from the Con- mittee on Environment and Public Works. H.R. 1663. An act to recognize National gressional Review Coordinator, Regulatory EC–5737. A communication from the Direc- Medal of Honor sites in California, Indiana, Analysis and Development, Policy and Pro- tor, Office of Congressional Affairs, Nuclear and South Carolina. gram Development, Animal and Health In- Regulatory Commission, transmitting, pur- suant to law, the report of a rule entitled The enrolled bill was signed subse- spection Service, Department of Agriculture, transmitting, pursuant to law, the report of ‘‘Regulatory Guide 1.181, ‘Content of the Up- quently by the President pro tempore a rule entitled ‘‘Change in Disease Status of dated Final Safety Analysis Report in Ac- (Mr. THURMOND). Belgium Because of BSE’’ (Docket #97–115–2), cordance with 10 CFR 50.71(e)’ ’’, received Oc- received October 15, 1999; to the Committee tober 14, 1999; to the Committee on Environ- At 6:54 p.m., a message from the on Agriculture, Nutrition, and Forestry. ment and Public Works. House of Representatives, delivered by EC–5729. A communication from the Con- EC–5738. A communication from the Direc- Mr. Berry, one of its reading clerks, an- gressional Review Coordinator, Regulatory tor, Office of Regulatory Management and nounced that the House agrees to the Analysis and Development, Policy and Pro- Information, Office of Policy, Planning and report of the committee of conference gram Development, Animal and Health In- Evaluation, Environmental Protection Agen- cy, transmitting, pursuant to law, the report on the disagreeing votes of the two spection Service, Department of Agriculture, transmitting, pursuant to law, the report of of a rule entitled ‘‘Approval and Promulga- Houses on the amendment of the Sen- a rule entitled ‘‘Change in Disease Status of tion of Air Quality Implementation Plans; ate to the bill (H.R. 2466) making ap- Luxembourg Because of BSE’’ (Docket #97– Maryland; VOCs from Paint, Resin and Adhe- propriations for the Department of the 118–2), received October 15, 1999; to the Com- sive Manufacturing and Adhesive Applica- Interior and related agencies for the mittee on Agriculture, Nutrition, and For- tion’’ (FRL #6460–1), received October 14, fiscal year ending September 30, 2000, estry. 1999; to the Committee on Environment and and for other purposes. EC–5730. A communication from the Con- Public Works. gressional Review Coordinator, Regulatory EC–5739. A communication from the Direc- f Analysis and Development, Policy and Pro- tor, Office of Regulatory Management and ENROLLED BILL SIGNED gram Development, Animal and Health In- Information, Office of Policy, Planning and spection Service, Department of Agriculture, Evaluation, Environmental Protection Agen- The following enrolled bill, pre- transmitting, pursuant to law, the report of cy, transmitting, pursuant to law, the report viously signed by the Speaker of the a rule entitled ‘‘Oriental Fruit Fly; Removal of a rule entitled ‘‘Approval and Promulga- House, was signed on today, October 21, of Quarantined Area’’ (Docket #99–044–2), re- tion of Implementation Plans; California 1999, by the President pro tempore (Mr. ceived October 14, 1999; to the Committee on State Implementation Plan Revision: Kern THURMOND): Agriculture, Nutrition, and Forestry. County Air Pollution Control District, Yolo- EC–5731. A communication from the Direc- Solano Air Quality Management District’’ H.R. 2841. An act to amend the Revised Or- tor, Office of Regulatory Management and (FRL #6452–3), received October 14, 1999; to ganic Act of the Virgin Islands to provide for Information, Office of Policy, Planning and the Committee on Environment and Public greater fiscal autonomy consistent with Evaluation, Environmental Protection Agen- Works. other United States jurisdictions, and for cy, transmitting, pursuant to law, the report EC–5740. A communication from the Direc- other purposes. of a rule entitled ‘‘Pyriproxyfen; Pesticide tor, Office of Regulatory Management and f Tolerance’’ (FRL #6381–3), received October Information, Office of Policy, Planning and EXECUTIVE AND OTHER 15, 1999; to the Committee on Agriculture, Evaluation, Environmental Protection Agen- Nutrition, and Forestry. cy, transmitting, pursuant to law, the report COMMUNICATIONS EC–5732. A communication from the Direc- of a rule entitled ‘‘Approval and Promulga- The following communications were tor, Office of Regulatory Management and tion of Implementation Plans; Tennessee: laid before the Senate, together with Information, Office of Policy, Planning and Approval of Revisions to the Knox County accompanying papers, reports, and doc- Evaluation, Environmental Protection Agen- Portion of the Tennessee SIP Regarding Use uments, which were referred as indi- cy, transmitting, pursuant to law, the report of LAER for Major Modifications and Revi- of a rule entitled ‘‘Pyrithiobac Sodium Salt; sions to the Tennessee SIP Regarding the cated: Time-Limited Pesticide Tolerance’’ (FRL Coating of Miscellaneous Metal Parts’’ (FRL EC–5724. A communication from the Ad- #6386–5), received October 15, 1999; to the #6453–8), received October 14, 1999; to the ministrator, Food Safety and Inspection Committee on Agriculture, Nutrition, and Committee on Environment and Public Service, Department of Agriculture, trans- Forestry. Works. mitting, pursuant to law, the report of a rule EC–5733. A communication from the Direc- EC–5741. A communication from the Direc- entitled ‘‘Scale Requirements for Accurate tor, Office of Regulatory Management and tor, Office of Regulatory Management and Weights, Repairs, Adjustments, and Replace- Information, Office of Policy, Planning and Information, Office of Policy, Planning and ment After Inspection’’, received October 8, Evaluation, Environmental Protection Agen- Evaluation, Environmental Protection Agen- 1999; to the Committee on Agriculture, Nu- cy, transmitting, pursuant to law, the report cy, transmitting, pursuant to law, the report trition, and Forestry. of a rule entitled ‘‘Tebufenozide; Benzoic of a rule entitled ‘‘Approval and Promulga- EC–5725. A communication from the Ad- Acid, 3,5-dimethyl1-1(1,1-dimethylethyl)-2-(- tion of Implementation Plans; Oklahoma; ministrator, Agricultural Marketing Serv- 4-thylbenzoy;) hydrazide, Pesticide Toler- Recodification of Regulations’’ (FRL #6457–

VerDate 12-OCT-99 03:48 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.055 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S13011 7), received October 19, 1999; to the Com- Law, U.S. Coast Guard, Department of By Mr. HATCH, for the Committee on the mittee on Environment and Public Works. Transportation, transmitting, pursuant to Judiciary: EC–5742. A communication from the Direc- law, the report of a rule entitled ‘‘Fire Pro- Michael O’Neill, of Maryland, to be a Mem- tor, Office of Regulatory Management and tection Measures for Towing Vessels (USCG– ber of the United States Sentencing Commis- Information, Office of Policy, Planning and 1998–4445)’’ (RIN2115–AF66) (1999–0001), re- sion for a term expiring October 31, 2003. Evaluation, Environmental Protection Agen- ceived October 14, 1999; to the Committee on Joe Kendall, of Texas, to be a Member of cy, transmitting, pursuant to law, the report Commerce, Science, and Transportation. the United States Sentencing Commission of a rule entitled ‘‘Approval and Promulga- EC–5751. A communication from the Direc- for a term expiring October 31, 2001. tion of Implementation Plans; Revisions to tor, Office of Sustainable Fisheries, National John R. Steer, of Virginia, to be a Member the Alabama Department of Environmental Marine Fisheries Service, Department of of the United States Sentencing Commission Management (ADEM) Administrative Code Commerce, transmitting, pursuant to law, for the remainder of the term expiring Octo- for the Air Pollution Control Program’’ the report of a rule entitled ‘‘Fisheries of the ber 31, 1999. (FRL #6461–8), received October 19, 1999; to Exclusive Economic Zone off Alaska; John R. Steer, of Virginia, to be a Member the Committee on Environment and Public Inseason Adjustment to Required Observer of the United States Sentencing Commission Works. Coverage’’, received October 14, 1999; to the for a term expiring October 31, 2005. EC–5743. A communication from the Direc- Committee on Commerce, Science, and Ruben Castillo, of Illinois, to be a Member tor, Office of Regulatory Management and Transportation. of the United States Sentencing Commission Information, Office of Policy, Planning and EC–5752. A communication from the Attor- for a term expiring October 31, 2003. Diana E. Murphy, of Minnesota, to be a Evaluation, Environmental Protection Agen- ney, Research and Special Programs Admin- Member of the United States Sentencing cy, transmitting, pursuant to law, the report istration, Department of Transportation, Commission for the remainder of the term of a rule entitled ‘‘National Priorities List transmitting, pursuant to law, the report of for Uncontrolled Hazardous Waste Sites’’ expiring October 31, 1999. a rule entitled ‘‘Hazardous Materials Regula- Diana E. Murphy, of Minnesota, to be a (FRL #6462–1), received October 19, 1999; to tions: Editorial Corrections and Clarifica- Member of the United States Sentencing the Committee on Environment and Public tions’’ (RIN2137–AD38), received October 14, Commission for a term expiring October 31, Works. 1999; to the Committee on Commerce, EC–5744. A communication from the Direc- 2005. Science, and Transportation. Diana E. Murphy, of Minnesota, to be tor, Office of Regulatory Management and EC–5753. A communication from the Chief, Chair of the United States Sentencing Com- Information, Office of Policy, Planning and Accounting Policy Division, Common Car- mission. Evaluation, Environmental Protection Agen- rier Bureau, Federal Communications Com- Sterling R. Johnson, Jr., of New York, to cy, transmitting, two reports entitled mission, transmitting, pursuant to law, the be a Member of the United States Sentencing ‘‘Issuance of Final Guidance: Ecological Risk report of a rule entitled ‘‘Federal-State Commission for a term expiring October 31, Assessment and Risk Management Principles Joint Board on Universal Service, Access 2001. for Superfund Sites’’ and ‘‘The Brownfields Charge Reform’’ (FCC 99–290) (CC Doc. 96–45), William Sessions, III, of Vermont, to be a Economic Redevelopment Initiative: Pro- received October 15, 1999; to the Committee Member of the United States Sentencing posal Guidelines for Brownfields Assessment on Commerce, Science, and Transportation. Commission for a term expiring October 31, Demonstration Pilots’’; to the Committee on f 2003. Environment and Public Works. Timothy B. Dyk, of the District of Colum- EC–5745. A communication from the Chief, REPORTS OF COMMITTEES bia, to be United States Circuit Judge for the Office of Regulations and Administrative Federal Circuit. Law, U.S. Coast Guard, Department of The following reports of committees were submitted: Richard Linn, of Virginia, to be United Transportation, transmitting, pursuant to States Circuit Judge for the Federal Circuit. law, the report of a rule entitled ‘‘Draw- By Mr. HATCH, from the Committee on Paul L. Seave, of California, to be United bridge Regulations; Acushnet River, MA the Judiciary, with an amendment in the na- States Attorney for the Eastern District of (CGD01–99–174)’’ (RIN2115–AE47) (1999–0049), ture of a substitute: California for a term of four years. received October 14, 1999; to the Committee H.R. 2112. A bill to amend title 28, United (The above nominations were re- on Commerce, Science, and Transportation. States Code, to allow a judge to whom a case EC–5746. A communication from the Chief, is transferred to retain jurisdiction over cer- ported with the recommendation that Office of Regulations and Administrative tain multidistrict litigation cases for trial, they be confirmed.) Law, U.S. Coast Guard, Department of and to provide for Federal jurisdiction of f Transportation, transmitting, pursuant to certain multiparty, multiforum civil ac- law, the report of a rule entitled ‘‘Draw- tions. INTRODUCTION OF BILLS AND bridge Regulations; Thames River, CT By Mr. HATCH, from the Committee on JOINT RESOLUTIONS (CGD01–99–178)’’ (RIN2115–AE47) (1999–0051), the Judiciary, without amendment: The following bills and joint resolu- received October 19, 1999; to the Committee H. J. Res. 62. A joint resolution to grant tions were introduced, read the first on Commerce, Science, and Transportation. the consent of Congress to the boundary EC–5747. A communication from the Chief, and second time by unanimous con- change between Georgia and South Carolina. sent, and referred as indicated: Office of Regulations and Administrative S. 1235. A bill to amend part G of title I of Law, U.S. Coast Guard, Department of the Omnibus Crime Control and Safe Streets By Mr. BREAUX (for himself and Mr. Transportation, transmitting, pursuant to Act of 1968 to allow railroad police officers to MACK): law, the report of a rule entitled ‘‘Draw- attend the Federal Bureau of Investigation S. 1759. A bill to amend the Internal Rev- bridge Regulations; Harlem River, Newtown National Academy for law enforcement enue Code of 1986 to allow a refundable credit Creek, NY (CGD01–99–175)’’ (RIN2115–AE47) training. for taxpayers owning certain commercial (1999–0050), received October 14, 1999; to the S. 1485. A bill to amend the Immigration power takeoff vehicles; to the Committee on Committee on Commerce, Science, and and Nationality Act to confer United States Finance. Transportation. citizenship automatically and retroactively By Mr. BIDEN (for himself, Mr. AKAKA, EC–5748. A communication from the Chief, on certain foreign-born children adopted by Mr. BAUCUS, Mr. BAYH, Mr. BINGA- Office of Regulations and Administrative citizens of the United States. MAN, Mrs. BOXER, Mr. BREAUX, Mr. Law, U.S. Coast Guard, Department of S. 1713. A bill to amend the Immigration BRYAN, Mr. BYRD, Mr. CLELAND, Ms. Transportation, transmitting, pursuant to and Nationality Act to extend for an addi- COLLINS, Mr. DASCHLE, Mr. DODD, Mr. law, the report of a rule entitled ‘‘Regatta tional 2 years the period for admission of an DORGAN, Mr. DURBIN, Mr. EDWARDS, Regulations; SLR; Stone Mountain Produc- alien as a nonimmigrant under section Mr. GRAHAM, Mr. HARKIN, Mr. HOL- tions; Tennessee River Mile 463.5–464.5, Chat- 101(a)(15)(S) of such Act, and to authorize ap- LINGS, Mr. INOUYE, Mr. JEFFORDS, Mr. tanooga, TN (CGD08–99–060)’’ (RIN2115–AE46) propriations for the refugee assistance pro- JOHNSON, Mr. KENNEDY, Mr. KERREY, (1999–0040), received October 14, 1999; to the gram under chapter 2 of title IV of the Immi- Mr. KERRY, Mr. KOHL, Ms. LANDRIEU, Committee on Commerce, Science, and gration and Nationality Act. Mr. LAUTENBERG, Mr. LEAHY, Mr. Transportation. S. 1753. A bill to amend the Immigration LEVIN, Mr. LIEBERMAN, Mrs. LINCOLN, EC–5749. A communication from the Chief, and Nationality Act to provide that an Ms. MIKULSKI, Mr. MOYNIHAN, Mrs. Office of Regulations and Administrative adopted alien who is less than 18 years of age MURRAY, Mr. REED, Mr. REID, Mr. Law, U.S. Coast Guard, Department of may be considered a child under such Act if ROBB, Mr. ROCKEFELLER, Mr. ROTH, Transportation, transmitting, pursuant to adopted with or after a sibling who is a child Mr. SARBANES, Mr. SCHUMER, Mr. law, the report of a rule entitled ‘‘Regatta under such Act. SPECTER, Ms. SNOWE, Mr. TORRICELLI, Regulations; SLR; Night in Venice, Great and Mr. WELLSTONE): f Egg Harbor, City of Ocean City, NJ (CGD05– S. 1760. A bill to provide reliable officers, 99–016)’’ (RIN2115–AE46) (1999–0041), received EXECUTIVE REPORTS OF A technology, education, community prosecu- October 14, 1999; to the Committee on Com- COMMITTEE tors, and training in our neighborhoods; to merce, Science, and Transportation. the Committee on the Judiciary. EC–5750. A communication from the Chief, The following executive reports of a By Mrs. HUTCHISON (for herself and Office of Regulations and Administrative committee were submitted: Mr. GRAMM):

VerDate 12-OCT-99 03:48 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.061 pfrm01 PsN: S21PT1 S13012 CONGRESSIONAL RECORD — SENATE October 21, 1999 S. 1761. A bill to direct the Secretary of the Takeoff Vehicles Act. This bill upholds taxes actually paid, based on informa- Interior, through the Bureau of Reclama- a long-held principle in the application tion compiled on typical sanitation tion, to conserve and enhance the water sup- of the Federal fuels excise tax, and re- trucks and concrete mixers. plies of the Lower Rio Grande Valley; to the stores this principle for certain single In sum, as a fixed income tax credit, Committee on Energy and Natural Re- sources. engine ‘‘dual-use’’ vehicles. no audit or administrative issue will By Mr. COVERDELL (for himself and This long-held principle is simple: arise about the amount of fuel used for Mrs. LINCOLN): fuel consumed for the purpose of mov- the off-road purpose. At the same time, S. 1762. A bill to amend the Watershed Pro- ing vehicles over the road is taxed, the credit provides a rough justice tection and Flood Prevention Act to author- while fuel consumed for ‘‘off-road’’ pur- method to make sure these taxpayers ize the Secretary of Agriculture to provide poses is not taxed. The tax is designed are not required to pay tax on fuels cost share assistance for the rehabilitation to compensate for the wear and tear that they shouldn’t be paying. Also, as of structural measures constructed as part of impacts on roads. Fuel used for a non- an income tax credit, the proposal water resources projects previously funded propulsion ‘‘off-road’’ purpose has no by the Secretary under such Act or related would have no effect on the highway laws; to the Committee on Agriculture, Nu- impact on the roads. It should not be trust fund. trition, and Forestry. taxed as if it does. Mr. President, this Mr. President, I would like to stress By Mr. ALLARD: bill is based on this principle, and it that I believe the IRS’ interpretation S. 1763. A bill to amend the Solid Waste remedies a problem created by IRS reg- of the law is not consistent with long- Disposal Act to reauthorize the Office of Om- ulations that control the application of help principles under the tax law, de- budsman of the Environmental Protection the federal fuels excise tax to ‘‘dual- spite their administrative concerns. Agency, and for other purposes; to the Com- use’’ vehicles. Quite simply, the law should not con- mittee on Environment and Public Works. Dual-use vehicles are vehicles that done a situation where taxpayers are By Mr. DEWINE (for himself and Mr. use fuel both to propel the vehicle on required to pay the excise tax on fuel KOHL): S. 1764. A bill to make technical correc- the road, and also to operate separate, attributable to non-propulsion func- tions to various antitrust laws and to ref- on-board equipment. The two promi- tions. This bill corrects an unfair tax erences to such laws; to the Committee on nent examples of dual-use vehicles are that should have never been imposed in the Judiciary. concrete mixers, which use fuel to ro- the first place. I urge my colleagues to By Mrs. FEINSTEIN (for herself and tate the mixing drum, and sanitation cosponsor this important piece of legis- Mrs. BOXER): trucks, which use fuel to operate the lation. S. 1765. A bill to prohibit post-viability compactor. Both of these trucks move Mr. President, I ask unanimous con- abortions; to the Committee on the Judici- sent that the text of the bill be printed ary. over the road, but at the same time, a By Mr. MCCAIN (for himself and Mr. substantial portion of their fuel use is in the RECORD. BURNS): attributable to the non-propulsion There being no objection, the bill was S. 1766. A bill to amend the Internal Rev- function. ordered to be printed in the RECORD, as enue Code of 1986 to provide for a deferral of Mr. President, the current problem follows: tax on gain from the sale of telecommuni- developed because progress in tech- S. 1759 cations businesses in specific circumstances nology has outstripped the regulatory Be it enacted by the Senate and House of Rep- of a tax credit and other incentives to pro- process. In the past, dual-use vehicles resentatives of the United States of America in mote diversity of ownership in telecommuni- commonly had two engines. IRS regu- Congress assembled, cations businesses; to the Committee on Fi- SECTION 1. SHORT TITLE. nance. lations, written in the 1950s, specifi- cally exempt the portion of fuel used This Act may be cited as the ‘‘Fuel Tax By Mr. INOUYE (for himself and Mr. Equalization Credit for Substantial Power KAKA): by the separate engine that operates A Takeoff Vehicles Act’’. S. 1767. A bill to amend the Elementary special equipment such as a mixing and Secondary Education Act of 1965 to im- SEC. 2. REFUNDABLE CREDIT FOR TAXPAYERS drum or a trash compactor. These IRS OWNING COMMERCIAL POWER prove Native Hawaiian education programs, regulations reflect the principle that TAKEOFF VEHICLES. and for other purposes; to the Committee on fuel consumed for non-propulsion pur- (a) IN GENERAL.—Section 34 of the Internal Health, Education, Labor, and Pensions. poses is not taxed. Revenue Code of 1986 (relating to certain By Mr. ABRAHAM: Today, however, typical dual-use ve- uses of gasoline and special fuels) is amended S. 1768. A bill to amend the Congressional by adding at the end the following new sub- Budget Act of 1974 to protect Social Security hicles use only one engine. The single engine both propels the vehicle over section: surpluses through strengthened budgetary ‘‘(c) CREDIT FOR COMMERCIAL POWER TAKE- enforcement mechanisms; to the Committee the road and powers the non-propulsion OFF VEHICLES.— on the Budget and the Committee on Gov- function through ‘‘power takeoff.’’ A ‘‘(1) IN GENERAL.—There shall be allowed as ernmental Affairs, jointly, pursuant to the major reason for the growth of these a credit against the tax imposed by this sub- order of August 4, 1977, with instructions single-engine, power takeoff vehicles is title for the taxable year the amount of $250 that if one Committee reports, the other that they use less fuel. And a major for each qualified commercial power takeoff Committee have thirty days to report or be benefit for everyone is that they are vehicle owned by the taxpayer as of the close discharged. of the calendar year in which or with which By Mr. GRAMS: better for the environment. Power takeoff was not in widespread the taxable year of the taxpayer ends. S.J. Res. 36. A joint resolution recognizing ‘‘(2) QUALIFIED COMMERCIAL POWER TAKEOFF use when the IRS regulations were the late Bernt Balchen for his many con- VEHICLE.—For purposes of this subsection, tributions to the United States and a life- drafted, and the regulations deny an the term ‘qualified commercial power take- time of remarkable achievements on the cen- exemption for fuel used in single-en- off vehicle’ means any highway vehicle de- tenary of his birth, October 23, 1999; to the gine, dual-use vehicles. The IRS de- scribed in paragraph (3) which is propelled by Committee on the Judiciary. fends its distinction between one-en- any fuel subject to tax under section 4041 or f gine and two-engine vehicles based on 4081 if such vehicle is used in a trade or busi- possible administrative problems if ve- ness or for the production of income (and is STATEMENTS ON INTRODUCED hicle owners were permitted to allo- licensed and insured for such use). BILLS AND JOINT RESOLUTIONS ‘‘(3) HIGHWAY VEHICLE DESCRIBED.—A high- cate fuel between the propulsion and By Mr. BREAUX (for himself, and way vehicle is described in this paragraph if non-propulsion functions. such vehicle is— Mr. MACK): Mr. President, our bill is designed to ‘‘(A) designed to engage in the daily collec- S. 1759. A bill to amend the Internal address the administrative concerns tion of refuse or recyclables from homes or Revenue Code of 1986 to allow a refund- expressed by the IRS, but at the same businesses and is equipped with a mechanism able credit for taxpayers owning cer- time, restore tax fairness for dual-use under which the vehicle’s propulsion engine tain commercial power takeoff vehi- vehicles with one engine. The bill does provides the power to operate a load com- cles; to the Committee on Finance. this by establishing an annual tax pactor, or ‘‘(B) designed to deliver ready mixed con- THE FUEL TAX EQUALIZATION CREDIT FOR credit available for taxpayers that own crete on a daily basis and is equipped with a SUBSTANTIAL POWER TAKEOFF VEHICLES ACT a licensed and insured concrete mixer mechanism under which the vehicle’s propul- Mr. BREAUX. Mr. President, today I or sanitation truck with a compactor. sion engine provides the power to operate a rise to introduce the Fuel Tax Equali- The amount of the credit is $250 and is mixer drum to agitate and mix the product zation Credit for Substantial Power a conservative estimate of the excise en route to the delivery site.

VerDate 12-OCT-99 03:48 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.064 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S13013

‘‘(4) EXCEPTION FOR VEHICLES USED BY GOV- Senator BREAUX and me in supporting 6.4 percent nationwide from the year ERNMENTS, ETC.—No credit shall be allowed this important piece of legislation. before. But, we can’t let that slow us under this subsection for any vehicle owned down. by any person at the close of a calendar year By Mr. BIDEN (for himself, Mr. And that’s why I’m here today. I am if such vehicle is used at any time during AKAKA, Mr. BAUCUS, Mr. BAYH, proud of our accomplishments, but we such year by— Mr. BINGAMAN, Mrs. BOXER, Mr. ‘‘(A) the United States or an agency or in- cannot become complacent. We have a strumentality thereof, a State, a political BREAUX, Mr. BRYAN, Mr. BYRD, unique opportunity here. Some people subdivision of a State, or an agency or in- Mr. CLELAND, Ms. COLLINS, Mr. say if crime down, why put more cops strumentality of one or more States or polit- DASCHLE, Mr. DODD, Mr. DOR- on the streets? Well it’s simple math: ical subdivisions, or GAN, Mr. DURBIN, Mr. EDWARDS, more cops equals less crime. If we ‘‘(B) an organization exempt from tax Mr. GRAHAM, Mr. HARKIN, Mr. know one thing it is this: if a crime is under section 501(a). HOLLINGS, Mr. INOUYE, Mr. JEF- going to be committed and there is a ‘‘(5) DENIAL OF DOUBLE BENEFIT.—The FORDS, Mr. JOHNSON, Mr. KEN- cop on one street corner and not one amount of any deduction under this subtitle NEDY, Mr. KERREY, Mr. KERRY, for any tax imposed by subchapter B of chap- the other, guess where the crime is ter 31 or part III of subchapter A of chapter Mr. KOHL, Ms. LANDRIEU, Mr. going to be committed? Not where the 32 for any taxable year shall be reduced (but LAUTENBERG, Mr. LEAHY, Mr. cop is, I would guess. not below zero) by the amount of the credit LEVIN, Mr. LIEBERMAN, Mrs. Maybe someday we will reach the determined under this subsection for such LINCOLN, Ms. MIKULSKI, Mr. point where crime is so low that we taxable year.’’ MOYNIHAN, Mrs. MURRAY, Mr. don’t have to take pro-active steps any (b) EFFECTIVE DATE.—The amendment REED, Mr. REID, Mr. ROBB, Mr. longer. But, we are not there yet. Our made by this section shall apply to taxable ROCKEFELLER, Mr. ROTH, Mr. children and our parents are still at years ending after December 31, 1999. SARBANES, Mr. SCHUMER, Mr. great risk out there and it should not Mr. MACK. Mr. President, I am SPECTER, Ms. SNOWE, Mr. be that way. Nor does it have to be pleased to join my colleague, Senator TORRICELLI, and Mr. that way. And why more cops on the JOHN BREAUX, in introducing the Fuel WELLSTONE): street, it won’t be that way. Tax Equalization Credit for Substan- S. 1760. A bill to provide reliable offi- That is why today, I introduced a bill tial Power Takeoff Act. cers, technology, education, commu- to continue this program for the next 5 This bill would create a simple mech- nity prosecutors, and training in our years. It’s called ‘‘PROTECTION’’— anism to reimburse owners of concrete neighborhoods; to the Committee on ‘‘Providing reliable officers, tech- mixers and sanitation trucks for the the Judiciary. nology, education, community prosecu- Federal excise taxes that they pay on PROTECTION ACT OF 1999 OR PROVIDING RELI- tors and training in our neighbor- fuels used to power the off-road func- ABLE OFFICER, TECHNOLOGY, EDUCATION, hoods.’’ This bill will put up to 50,000 tion of their vehicles. COMMUNITY PROSECUTORS AND TRAINING IN more officers on the street. Today, IRS regulations impose the OUR NEIGHBORHOODS It will also allow police officers to be Federal fuels excise tax on ‘‘single en- Mr. BIDEN. Mr. President, when we reimbursed for college or graduate gine, dual-use vehicles.’’ Two promi- passed the 1994 crime bill and created school, because we all know that over- nent examples of such single-engine, the COPS Program, there were some coming crime problems requires some- dual-use vehicles are concrete mixers skeptics. There were people who thing more than just more cops. It re- and sanitation trucks. The IRS taxes thought community policing was noth- quires cops who understand the impor- the entire amount of fuel used in these ing more than social work and that the tance of prevention and community re- vehicles, despite the fact that a sub- program would not work. lations. The legislation also provides stantial portion of the fuel consumed is Do you remember what I said to the funding for new technology so that law used to power an off-road function—the skeptics? I told them that either this enforcement can purchase high-tech trash compactor of a sanitation truck, program was going to work and we equipment to put them on equal foot- or the rotating drum of the cement would be geniuses or that it would flop ing with sophisticated criminals. And truck. and we would be run out of town. There it provides for funding for community Mr. President, the Federal fuels ex- is an old saying that success has a prosecutors—to expand the community cise tax is meant to pay for our Na- thousand fathers but failure is an or- policing concept to engage the whole tion’s roads. If fuel is used for an off- phan. Now, there are a thousand people law enforcement community in fight- road purpose, it is a well-established all claiming to be the parent of this ing crime. It has all the things that principle that we do not tax the fuel. In program simply because it has worked law enforcement told me that they this case, fuels used to power the trash so darn well. needed to do their jobs. compactor or rotate the drum on a con- In 1994, we set a goal of funding I am proud to say that this legisla- crete mixer do not result in wear and 100,000 police officers by the year 2000. tion has the support of all the major tear on the roads and, therefore, should We met that goal last May—months law enforcement organizations and not be taxes. ahead of schedule. As of today, there that 49 of my colleagues have told me Contrary to this well-established have been 103,000 officers funded and that they support this legislation. principle, the IRS imposes the excise 55,000 officers deployed to the streets. Forty-five of them will join me today tax on single engine, dual-use vehicles. The COPS Programs is ahead of sched- in cosponsoring this legislation—in- The simple reason given by the IRS for ule and under budget. cluding 5 Republicans. I want to recog- this distinction is administrative con- Because of COPS, the concept of nize my friends on the other side of the venience. But the convenience of the community policing has become law aisle and thank them for listening to IRS is no reason to overtax diesel fuel enforcement’s principal weapon fight- their constituents, their mayors and consumers. ing crime. Community policing has re- their police chiefs who said: We can not Mr. President, our bill corrects the defined the relationship between law do this without your help. discrepancy created under IRS regula- enforcement and the public. But, more I hope that even more will join us tions, and does so without creating any importantly, it has reduced crime. And today. I ask the rest of my colleagues— administrative red tape. The $250 in- that is what we attempted to do. there are 50 more of you—will you be come tax credit crafted in the bill All across the country, from Wil- with us on this? Will you listen to ev- would be easy to administer. While it mington to Washington—from Con- eryone who is asking for help? Will you will not fully and precisely compensate necticut to California, we are seeing a listen to your police chiefs and your these truck owners for the taxes paid dramatic decline in crime. Just this mayors? Will you stand up and be on fuel used off-road, this credit has week, the FBI released its annual counted among those who say enough been calculated based on industry data crime statistics which showed that is enough—and I’m going to do some- and using conservative estimates, and once again, for the seventh year in a thing about crime? I’m going to put reduces a tax that these truck owners row, crime is down. In fact, since 1994, more police officers on the street. I’m should not be paying in the first place. violent crime is down 17.6 percent. And going to support the most effective law Therefore, I urge my colleagues to join just last year, violent crime was down enforcement program of our time.

VerDate 12-OCT-99 04:32 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.065 pfrm01 PsN: S21PT1 S13014 CONGRESSIONAL RECORD — SENATE October 21, 1999 I hope that we can put politics aside ‘‘(8) establish school-based partnerships be- ‘‘(f) COMMUNITY-BASED PROSECUTION PRO- on this one and all join forces to sup- tween local law enforcement agencies and GRAM.—Grants made under subsection (a) port the folks who do so much for us local school systems, by using school re- may be used to assist State, local or tribal source officers who operate in and around el- prosecutors’ offices in the implementation of each and every day. The people who ementary and secondary schools to serve as community-based prosecution programs that put their safety on the line so that we a law enforcement liaison with other Fed- build on local community policing efforts. may be more secure. It is then, that I eral, State, and local law enforcement and Funds made available under this subsection will know that we have all put our Na- regulatory agencies, combat school-related may be used to— tion’s interest first. crime and disorder problems, gang member- ‘‘(1) hire additional prosecutors who will be I ask unanimous consent that the bill ship and criminal activity, firearms and ex- assigned to community prosecution pro- be printed in the RECORD. plosives-related incidents, illegal use and grams, including programs that assign pros- There being no objection, the bill was possession of alcohol, and the illegal posses- ecutors to handle cases from specific geo- sion, use, and distribution of drugs;’’; ordered to be printed in the RECORD, as graphic areas, to address specific violent (4) in paragraph (10) by striking ‘‘and’’ at follows: crime and other local crime problems (in- the end; cluding intensive illegal gang, gun and drug S. 1760 (5) in paragraph (11) by striking the period enforcement projects and quality of life ini- Be it enacted by the Senate and House of Rep- that appears at the end and inserting ‘‘; tiatives), and to address localized violent and resentatives of the United States of America in and’’; and other crime problems based on needs identi- Congress assembled, (6) by adding at the end the following: fied by local law enforcement agencies, com- SECTION 1. SHORT TITLE. ‘‘(12) develop and implement innovative munity organizations, and others; This Act may be cited as the ‘‘Providing programs (such as the TRIAD program) that ‘‘(2) redeploy existing prosecutors to com- Reliable Officers, Technology, Education, bring together a community’s sheriff, chief munity prosecution programs as described in Community prosecutors, and Training In Our of police, and elderly residents to address the paragraph (1) of this section by hiring victim Neighborhoods Act of 1999’’ or ‘‘PROTEC- public safety concerns of older citizens.’’. and witness coordinators, paralegals, com- TION Act’’. (d) TECHNICAL ASSISTANCE.—Section 1701(f) munity outreach, and other such personnel; SEC. 2. PROVIDING RELIABLE OFFICERS, TECH- of title I of the Omnibus Crime Control and and NOLOGY, EDUCATION, COMMUNITY Safe Streets Act of 1968 (42 U.S.C. 3796dd(f)) ‘‘(3) establish programs to assist local pros- PROSECUTORS, AND TRAINING IN is amended— ecutors’ offices in the implementation of OUR NEIGHBORHOOD INITIATIVE. (1) in paragraph (1)— programs that help them identify and re- (a) COPS PROGRAM.—Section 1701(a) of (A) by inserting ‘‘use up to 5 percent of the spond to priority crime problems in a com- title I of the Omnibus Crime Control and funds appropriated under subsection (a) to’’ munity with specifically tailored solutions. Safe Streets Act of 1968 (42 U.S.C. 3796dd(a)) after ‘‘The Attorney General may’’; At least 75 percent of the funds made avail- is amended by— (B) by inserting at the end the following: able under this subsection shall be reserved (1) inserting ‘‘and prosecutor’’ after ‘‘in- ‘‘In addition, the Attorney General may use for grants under paragraphs (1) and (2) and of crease police’’; and up to 5 percent of the funds appropriated those amounts no more than 10 percent may (2) inserting ‘‘to enhance law enforcement under subsections (d), (e), and (f) for tech- be used for grants under paragraph (2) and at access to new technologies, and’’ after ‘‘pres- nical assistance and training to States, units least 25 percent of the funds shall be reserved ence,’’. of local government, Indian tribal govern- for grants under paragraphs (1) and (2) to (b) HIRING AND REDEPLOYMENT GRANT ments, and to other public and private enti- units of local government with a population PROJECTS.—Section 1701(b) of title I of the ties for those respective purposes.’’; of less than 50,000.’’. Omnibus Crime Control and Safe Streets Act (2) in paragraph (2) by inserting ‘‘under (f) RETENTION GRANTS.—Section 1703 of of 1968 (42 U.S.C. 3796dd(b)) is amended— subsection (a)’’ after ‘‘the Attorney Gen- title I of the Omnibus Crime Control and (1) in paragraph (1)— eral’’; and Safe Streets Act of 1968 (42 U.S.C. 3796dd–2) is (A) in subparagraph (B)— (3) in paragraph (3)— amended by inserting at the end the fol- (i) by inserting after ‘‘Nation’’ the fol- (A) by striking ‘‘the Attorney General lowing: lowing: ‘‘, or pay overtime to existing career may’’ and inserting ‘‘the Attorney General ‘‘(d) RETENTION GRANTS.—The Attorney law enforcement officers to the extent that shall’’; General may use no more than 50 percent of such overtime is devoted to community po- (B) by inserting ‘‘regional community po- the funds under subsection (a) to award licing efforts’’; and licing institutes’’ after ‘‘operation of’’; and grants targeted specifically for retention of (ii) by striking ‘‘and’’ at the end; (C) by inserting ‘‘representatives of police police officers to grantees in good standing, (B) in subparagraph (C), by— labor and management organizations, com- with preference to those that demonstrate fi- (i) striking ‘‘or pay overtime’’; and munity residents,’’ after ‘‘supervisors,’’. nancial hardship or severe budget constraint (ii) striking the period at the end and in- (e) TECHNOLOGY AND PROSECUTION PRO- that impacts the entire local budget and serting ‘‘; and’’; and GRAMS.—Section 1701 of title I of the Omni- may result in the termination of employ- (C) by adding at the end the following: bus Crime Control and Safe Streets Act of ment for police officers funded under sub- ‘‘(D) promote higher education among in- 1968 (42 U.S.C. 3796dd) is amended by— section (b)(1).’’. service State and local law enforcement offi- (1) striking subsection (k); (g) DEFINITIONS.— cers by reimbursing them for the costs asso- (2) redesignating subsections (f) through (j) (1) CAREER LAW ENFORCEMENT OFFICER.— ciated with seeking a college or graduate as subsections (g) through (k); and Section 1709(1) of title I of the Omnibus school education.’’; and (3) striking subsection (e) and inserting the Crime Control and Safe Streets Act of 1968 (2) in paragraph (2) by striking all that fol- following: (42 U.S.C. 3796dd–8) is amended by inserting lows SUPPORT SYSTEMS.—’’ and inserting ‘‘(e) LAW ENFORCEMENT TECHNOLOGY PRO- after ‘‘criminal laws’’ the following: ‘‘includ- ‘‘Grants pursuant to— GRAM.—Grants made under subsection (a) ing sheriffs deputies charged with super- ‘‘(A) paragraph (1)(B) for overtime may not may be used to assist police departments, in vising offenders who are released into the exceed 25 percent of the funds available for employing professional, scientific, and tech- community but also engaged in local com- grants pursuant to this subsection for any nological advancements that will help munity policing efforts.’’. fiscal year; them— (2) SCHOOL RESOURCE OFFICER.—Section ‘‘(B) paragraph (1)(C) may not exceed 20 ‘‘(1) improve police communications 1709(4) of title I of the Omnibus Crime Con- percent of the funds available for grants pur- through the use of wireless communications, trol and Safe Streets Act of 1968 (42 U.S.C. suant to this subsection in any fiscal year; computers, software, videocams, databases 3796dd–8) is amended— and and other hardware and software that allow (A) by striking subparagraph (A) and in- ‘‘(C) paragraph (1)(D) may not exceed 5 per- law enforcement agencies to communicate serting the following: cent of the funds available for grants pursu- more effectively across jurisdictional bound- ‘‘(A) to serve as a law enforcement liaison ant to this subsection for any fiscal year.’’. aries and effectuate interoperability; with other Federal, State, and local law en- (c) ADDITIONAL GRANT PROJECTS.—Section ‘‘(2) develop and improve access to crime forcement and regulatory agencies, to ad- 1701(d) of title I of the Omnibus Crime Con- solving technologies, including DNA anal- dress and document crime and disorder prob- trol and Safe Streets Act of 1968 (42 U.S.C. ysis, photo enhancement, voice recognition, lems including gangs and drug activities, 3796dd(d)) is amended— and other forensic capabilities; and firearms and explosives-related incidents, (1) in paragraph (2)— ‘‘(3) promote comprehensive crime analysis and the illegal use and possession of alcohol (A) by inserting ‘‘integrity and ethics’’ by utilizing new techniques and tech- affecting or occurring in or around an ele- after ‘‘specialized’’; and nologies, such as crime mapping, that allow mentary or secondary school; (B) by inserting ‘‘and’’ after ‘‘enforcement law enforcement agencies to use real-time (B) by striking subparagraph (E) and in- officers’’; crime and arrest data and other related in- serting the following: (2) in paragraph (7) by inserting ‘‘school of- formation—including non-criminal justice ‘‘(E) to train students in conflict resolution, ficials, religiously-affiliated organizations,’’ data—to improve their ability to analyze, restorative justice, and crime awareness, and after ‘‘enforcement officers’’; predict, and respond pro-actively to local to provide assistance to and coordinate with (3) by striking paragraph (8) and inserting crime and disorder problems, as well as to other officers, mental health professionals, the following: engage in regional crime analysis. and youth counselors who are responsible for

VerDate 12-OCT-99 04:38 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.071 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S13015 the implementation of prevention/interven- Policing Services (COPS) program communities with the additional help tion programs within the schools;’’; and through the year 2005. Because of the they need. (C) by adding at the end the following: COPS program, there are over 100,000 One of the most interesting and per- ‘‘(H) to work with school administrators, members of the local parent teacher associa- more police officers on the beat than suasive arguments to renew the COPS tions, community organizers, law enforce- there were before this program was im- program was also one that I heard dur- ment, fire departments, and emergency med- plemented in 1994. This represents a ing these conversations with North ical personnel in the creation, review, and nearly 20 percent increase in police Carolina police officers. They told me implementation of a school violence preven- presence nationwide. that when people think of the COPS tion plan; By extending the COPS program, the program, they immediately think of ‘‘(I) to assist in documenting the full de- 21st Century Community Policing Ini- more officers policing the streets. How- scription of all firearms found or taken into tiative Act will help put up to 50,000 custody on school property and to initiate a ever, one of the most important roles firearms trace and ballistics examination for more police on the streets over the that the COPS program has played is each firearm with the local office of the Bu- next five years. It will also provide $350 to provide funds for law enforcement reau of Alcohol, Tobacco, and Firearms; million a year in grants to law enforce- agencies to work in partnership with ‘‘(J) to document the full description of all ment agencies to assist them in acquir- education officials to solve problems of explosives or explosive devices found or ing new technology to enhance crime crime in and around schools. taken into custody on school property and fighting efforts. This means better Officers are not just placed in the report to the local office of the Bureau of Al- communications systems so cops in dif- cohol, Tobacco, and Firearms; and schools to instill discipline. They act ‘‘(K) to assist school administrators with ferent jurisdictions can talk to each as counselors, coaches and mentors for the preparation of the Department of Edu- other; state of the art investigative children. And they are reaching out to cation, Annual Report on State Implementa- tools like DNA analysis; and the means students by offering safe after-school tion of the Gun-Free Schools Act which to target crime hot spots. activities. North Carolina officers told tracks the number of students expelled per This legislation would also provide me that these efforts are some of the year for bringing a weapon, firearm, or ex- $200 million per year in grants for com- best kinds of crime prevention meas- plosive to school.’’. munity-wide prosecutors. This aspect ures that we can take. (h) AUTHORIZATION OF APPROPRIATIONS.— of the bill would expand the commu- Section 1001(a)(11) of title I of the Omnibus By connecting with at-risk youth, Crime Control and Safe Streets Act of 1968 nity policing concept to engage the these school-based officers have be- (42 U.S.C. 3793(a)(11)) is amended— whole community in preventing and come trusted adult authority figures (1) by amending subparagraph (A) to read fighting crime. The cops have been so that kids will run to in times of trou- as follows: successful in their jobs that the next ‘‘(A) There are authorized to be appro- ble, instead of running away from step is to provide more prosecutors to them. priated to carry out part Q, to remain avail- help get criminals off the streets. Many police chiefs and sheriffs credit able until expended— Mr. President, one of the best ways ‘‘(i) $1,150,000,000 for fiscal year 2000; community policing and COPS support to fight crime is to have more well- ‘‘(ii) $1,150,000,000 for fiscal year 2001; with dramatic drops in crime rates trained police officers on our streets ‘‘(iii) $1,150,000,000 for fiscal year 2002; around the nation. Since the inception and in our schools, and to provide them ‘‘(iv) $1,150,000,000 for fiscal year 2003; of the COPS program, violent crime in ‘‘(v) $1,150,000,000 for fiscal year 2004; and with the latest equipment and tech- North Carolina is down 7% and aggra- ‘‘(vi) $1,150,000,000 for fiscal year 2005.’’; and nology. The COPS program has helped vated assault has fallen by 8%. Accord- (2) in subparagraph (B)— achieve these goals, and has in turn ing to a report issued by the State Bu- (A) by striking ‘‘3 percent’’ and inserting helped to make our communities safer ‘‘5 percent’’; reau of Investigation, the state’s mur- places for our children, families, and (B) by striking ‘‘1701(f)’’ and inserting der rate fell 3% from 1997 to 1998. And, ‘‘1701(g)’’; businesses. The COPS program has been a tre- the country’s crime rate is at its low- (C) by striking the second sentence and in- est in 25 years. serting ‘‘Of the remaining funds, if there is a mendous asset to my state of North demand for 50 percent of appropriated hiring Carolina. As of October 20th, the COPS These statistics are encouraging, but funds, as determined by eligible hiring appli- program had provided North Carolina now is not the time to eliminate a pro- cations from law enforcement agencies hav- with grants of over $135 million. From gram that has substantially contrib- ing jurisdiction over areas with populations Alexander Mills to Zebulon, North uted to declining crime rates. We still exceeding 150,000, no less than 50 percent have a long way to go to insuring that shall be allocated for grants pursuant to ap- Carolina communities have received COPS funding to help law enforcement people are walking crime-free streets plications submitted by units of local gov- and children are attending crime-free ernment or law enforcement agencies having agencies hire an additional 2,602 police jurisdiction over areas with populations ex- officers to patrol neighborhoods and schools. ceeding 150,000 or by public and private enti- protect our schools. Continuation of the COPS program is ties that serve areas with populations ex- In August, I met with police officers one significant way that we can con- ceeding 150,000, and no less than 50 percent and sheriffs from across North Carolina tinue to make progress towards these shall be allocated for grants pursuant to ap- to learn more about how the COPS pro- goals. plications submitted by units of local gov- Mr. President, during debate on the ernment or law enforcement agencies having gram is helping to keep local commu- juvenile crime bill, Senator BIDEN of- jurisdiction over areas with populations less nities safe. I heard from law enforce- than 150,000 or by public and private entities ment officers from the larger cities fered an amendment that would have that serve areas with populations less than such as Raleigh and Charlotte. I also re-authorized the COPS program 150,000.’’; spoke with officers from smaller, rural through 2005. I voted for this amend- (D) by striking ‘‘85 percent’’ and inserting areas like North Wilkesboro and Ran- ment which was endorsed by many law ‘‘$600,000,000’’; and dolph County. The one clear message enforcement organizations including (E) by striking ‘‘1701(b),’’ and all that fol- that I got from all of these officers is the National Fraternal Order of Police lows through ‘‘of part Q’’ and inserting the that the COPS program is working and and the International Association of following: ‘‘1701 (b) and (c), $350,000,000 to Chiefs of Police. Unfortunately, the grants for the purposes specified in section should be continued. 1701(e), and $200,000,000 to grants for the pur- Mr. President, crime rates in big cit- amendment failed by the slimmest of poses specified in section 1701(f).’’. ies are generally higher than they are margins (48–50). However, I am con- ∑ Mr. EDWARDS. Mr. President, I rise in smaller towns. An increased police fident that upon reconsideration of the today in support of the 21st Century presence can help deter crime in these question whether it is necessary to Community Policing Initiative Act. I urban areas. However, officers I met renew the COPS program, my col- am proud to be an original co-sponsor with from less populated regions of leagues will realize how effective and of this legislation, introduced by Sen- North Carolina emphasized to me that valuable the program has been, not ators BIDEN and SCHUMER, that I be- even one more cop can make a world of only to their individual states, but to lieve is crucial to our efforts to fight difference to a community that lacks the nation as a whole. crime. its own resources to hire more police I want to thank Senators BIDEN and This important bill would re-author- officers. In these situations, the COPS SCHUMER for their efforts to re-author- ize the successful Community Oriented program can step in and provide these ize the COPS program and I urge all of

VerDate 12-OCT-99 04:38 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.066 pfrm01 PsN: S21PT1 S13016 CONGRESSIONAL RECORD — SENATE October 21, 1999 my colleagues to support the 21st Cen- retary to assess the true needs of the ‘‘(D) Subtitle H of title XV of the Agri- tury Community Policing Initiative entire program in the first two years of culture and Food Act of 1981 (16 U.S.C. 3451 et Act.∑ the program’s existence. Under this seq.; commonly known as the Resource Con- program, 65 percent would be funded by servation and Development Program). By Mr. COVERDELL (for himself ‘‘(3) ELIGIBLE LOCAL ORGANIZATION.—The the federal government while the re- term ‘eligible local organization’ means a and Mrs. LINCOLN): maining 35 percent would be funded lo- local organization or appropriate State agen- S. 1762. A bill to amend the Water- cally. Recent flooding in the southeast cy responsible for the operation and mainte- shed Protection and Flood Prevention from Hurricane Floyd and Irene make nance of structural measures constructed as Act to authorize the Secretary of Agri- enactment of this legislation an even part of a covered water resource project. culture to provide cost share assistance more pressing matter. ‘‘(4) STRUCTURAL MEASURE.—The term for the rehabilitation of structural This bi-partisan legislation has been ‘structural measure’ means a physical im- measures constructed as part of water endorsed by Governor Roy Barnes of provement that impounds water, commonly resources projects previously funded by Georgia and a wide range of other known as a dam, which was constructed as Georgia state and local officials and part of a covered water resource project. the Secretary under such act or related ‘‘(b) COST SHARE ASSISTANCE FOR REHABILI- laws; to the Committee on Agriculture, national associations. TATION.— Nutrition, and Forestry. I would like to thank Senator LIN- ‘‘(1) ASSISTANCE AUTHORIZED.—The Sec- SMALL WATERSHED REHABILITATION ACT OF 1999 COLN for her leadership, and for work- retary may provide financial assistance to Mr. COVERDELL. Mr. President, we ing with me on this important legisla- an eligible local organization to cover a por- have a national problem that greatly tion. This bill is a Senate companion to tion of the total costs incurred for the reha- affects Georgia if not addressed. Since legislation introduced by Representa- bilitation of structural measures originally constructed as part of a covered water re- 1944, under a federal program adminis- tive FRANK LUCAS of Oklahoma. We look forward to working with him on source project. The total costs of rehabilita- tered by the United States Department tion include the costs associated with all of Agriculture’s Natural Resources securing its enactment. Mr. President, I ask unanimous con- components of the rehabilitation project, in- Conservation Service, over 10,400 small cluding acquisition of land, easements, and sent that the text of the bill and let- watershed dams were constructed in 46 rights-of-ways, rehabilitation project admin- ters of support be priinted in the states. These dams were planned and istration, the provision of technical assist- RECORD. ance, contracting, and construction costs, designed with a 50 year lifespan. The There being no objection, the mate- purpose of this program was to provide except that the local organization shall be rial was ordered to be printed in the responsible for securing all land, easements, flood control, water quality improve- RECORD, as follows: or rights-of-ways necessary for the project. ment, rural water supply assurance, S. 1762 ‘‘(2) AMOUNT OF ASSISTANCE; LIMITATIONS.— fish and wildlife habitat protection, Be it enacted by the Senate and House of Rep- The amount of Federal funds that may be recreation, and irrigation. resentatives of the United States of America in made available under this subsection to an Communities depend upon these wa- Congress assembled, eligible local organization for construction tershed projects. However, many of SECTION 1. SHORT TITLE. of a particular rehabilitation project shall be these dams have reached their life ex- This Act may be cited as the ‘‘Small Wa- equal to 65 percent of the total rehabilita- pectancy and are badly in need of re- tershed Rehabilitation Act of 1999’’. tion costs, but not to exceed 100 percent of actual construction costs incurred in the re- SEC. 2. REHABILITATION OF WATER RESOURCE pair. Currently, the United States De- habilitation. However, the local organization partment of Agriculture has neither STRUCTURAL MEASURES CON- STRUCTED UNDER CERTAIN DE- shall be responsible for the costs of water, the authority nor funds for rehabilita- PARTMENT OF AGRICULTURE PRO- mineral, and other resource rights and all tion of watershed structures. The legis- GRAMS. Federal, State, and local permits. lation I introduce today along with The Watershed Protection and Flood Pre- ‘‘(3) RELATION TO LAND USE AND DEVELOP- Senator LINCOLN, the Small Watershed vention Act (16 U.S.C. 1001 et seq.) is amend- MENT REGULATIONS.—As a condition on enter- Rehabilitation Act of 1999, provides a ed by adding at the end the following new ing into an agreement to provide financial section: needed and critical solution to this assistance under this subsection, the Sec- ‘‘SEC. 14. REHABILITATION OF STRUCTURAL retary, working in concert with the eligible growing crisis for rural America. MEASURES NEAR, AT, OR PAST local organization, may require that proper The state of Georgia alone has 357 THEIR EVALUATED LIFE EXPECT- zoning or other developmental regulations small watershed dams, 69 of which will ANCY. are in place in the watershed in which the ‘‘(a) DEFINITIONS.—For purposes of this sec- reach the end of their designed lifespan structural measures to be rehabilitated tion: within the next 10 years. It is my un- under the agreement are located so that— ‘‘(1) REHABILITATION.—The term ‘rehabili- ‘‘(A) the completed rehabilitation project derstanding that 121 dams in Georgia tation’, with respect to a structural measure is not quickly rendered inadequate by addi- need to be modified to meet state dam constructed as part of a covered water re- tional development; and safety laws and protect residential and source project, means the completion of all ‘‘(B) society can realize the full benefits of commercial development downstream work necessary to extend the service life of the rehabilitation investment. the structural measure and meet applicable from the dams while 8 dams need re- ‘‘(c) TECHNICAL ASSISTANCE FOR WATER- pairs and modifications to extend their safety and performance standards. This may SHED PROJECT REHABILITATION.—The Sec- useful life and help prevent future en- include (A) protecting the integrity of the retary, acting through the Natural Re- vironmental and economic losses. structural measure, or prolonging the useful sources Conservation Service, may provide life of the structural measure, beyond the technical assistance in planning, designing, Since fiscal year 1996, the state of original evaluated life expectancy, (B) cor- Georgia has appropriated over $4.6 mil- and implementing rehabilitation projects recting damage to the structural measure should an eligible local organization request lion to bring these structures in com- from a catastrophic event, (C) correcting the such assistance. Such assistance may consist pliance with the Georgia Safe Dams deterioration of structural components that of specialists in such fields as engineering, Act. However, state and local commu- are deteriorating at an abnormal rate, (D) geology, soils, agronomy, biology, hydrau- nities do not have enough financial re- upgrading the structural measure to meet lics, hydrology, economics, water quality, sources available to rehabilitate these changed land use conditions in the watershed and contract administration. watersheds dams in a timely fashion. served by the structural measure or changed ‘‘(d) PROHIBITED USE.— safety criteria applicable to the structural ‘‘(1) PERFORMANCE OF OPERATION AND MAIN- The legislation Senator LINCOLN and measure, or (E) decommissioning the struc- TENANCE.—Rehabilitation assistance pro- I are introducing lays out a procedure tural measure, including removal or breach- vided under this section may not be used to and a funding mechanism for a reha- ing. perform operation and maintenance activi- bilitation process that would ulti- ‘‘(2) COVERED WATER RESOURCE PROJECT.— ties specified in the agreement for the cov- mately save these dams across the na- The term ‘covered water resource project’ ered water resource project entered into be- tion, including those located in Geor- means a work of improvement carried out tween the Secretary and the eligible local gia. The bill authorizes $60 million a under any of the following: organization responsible for the works of im- year from 2000 to 2009 and requires the ‘‘(A) This Act. provement. Such operation and maintenance Secretary of Agriculture to establish a ‘‘(B) Section 13 of the Act of December 22, activities shall remain the responsibility of 1944 (Public Law 78–534; 58 Stat. 905). the local organization, as provided in the system of ranking and approving reha- ‘‘(C) The pilot watershed program author- project work plan. bilitation requests on need and merit. ized under the heading ‘FLOOD PREVENTION’ ‘‘(2) RENEGOTIATION.—Notwithstanding Specifically, the legislation calls for $5 of the Department of Agriculture Appropria- paragraph (1), as part of the provision of fi- million to be used annually by the Sec- tion Act, 1954 (Public Law 156; 67 Stat. 214). nancial assistance under subsection (b), the

VerDate 12-OCT-99 04:45 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.128 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S13017 Secretary may renegotiate the original shall make a report to the Secretary giving budget and time restraints due to routine agreement for the covered water resource the status of any rehabilitation effort under- County maintenance. project entered into between the Secretary taken using financial assistance provided Sincerely, and the eligible local organization regarding under this section.’’. FRANK MARTIN, responsibility for the operation and mainte- Commissioner. nance of the project when the rehabilitation STATE OF GEORGIA, is finished. OFFICE OF THE GOVERNOR, PAULDING COUNTY BOARD ‘‘(e) APPLICATION FOR REHABILITATION AS- Atlanta, June 16, 1999. OF COMMISSIONERS, SISTANCE.—An eligible local organization Hon. PAUL COVERDELL, Dallas, GA, October 20, 1999. may apply to the Secretary for technical and U.S. Senate, Russell Senate Office Building, Hon. PAUL COVERDELL, financial assistance under this section if the Washington, DC. Russell Senate Office Building, Washington, application has also been submitted to and DC. approved by the State agency having super- DEAR PAUL: The purpose of this cor- DEAR SENATOR COVERDELL: I would like to visory responsibility over the covered water respondence is to encourage your strong and active support for H.R. 728, the Small Water- offer you my support for the Small Water- resource project at issue or, if there is no shed Rehabilitation Senate Bill that you will State agency having such responsibility, by shed Rehabilitation Amendment of 1999. H.R. be introducing. I appreciate your efforts on the Governor of the State. The Secretary 728 was introduced by Representative Frank behalf of Paulding County. If there is ever shall request the State dam safety officer (or D. Lucas of Oklahoma and amends the Wa- anything I can do for you, please don’t hesi- equivalent State official) to be involved in tershed Protection and Flood Prevention Act tate to give me a call. the application process if State permits or (P.L. 83–566, 16 U.S.C. 1001 et seq.) by adding Sincerely, approvals are required. The rehabilitation of a new section to provide federal cost-share BILL CARRUTH, structural measures shall meet standards es- for rehabilitation of structural measures Chairman. tablished by the Secretary and address other that are near, at, or past their evaluated life dam safety issues. At the request of the eli- expectancy. Cost-share assistance will be gible local organization, personnel of the provided to local watershed, conservation PAULDING COUNTY Natural Resources Conservation Service of and other districts that have the legal re- BOARD OF COMMISSIONERS, the Department of Agriculture may assist in sponsibility for the safety and conditions of Dallas, GA, October 20, 1999. preparing applications for assistance. watershed dams throughout the United Hon. PAUL COVERDELL, ‘‘(f) JUSTIFICATION FOR REHABILITATION AS- States. The need for funding by H.R. 728 re- Russell Senate Office Building, SISTANCE.—In order to qualify for technical sults from the fact that the United States Washington, DC. or financial assistance under this authority, Department of Agriculture now has neither DEAR SENATOR COVERDELL: In reference to the Secretary shall require the rehabilita- the authority nor funds for rehabilitation of the Small Watershed Rehabilitation Senate tion project to be performed in the most watershed structures. Bill that you will be introducing, I want to cost-effective manner that accomplishes the To date, there have been over 10,400 water- offer you my support in your efforts to get rehabilitation objective. Since the require- shed dams constructed with the help of fed- this passed. I appreciate your time and effort ments for accomplishing the rehabilitation eral cost-share funds, primarily through in what you are doing for Paulding County are generally for public health and safety Public Law 83–566, the Watershed Protection and if there is ever anything I can do for you, reasons, in many instances being mandated and Flood Prevention Act. Georgia has 351 please don’t hesitate to give me a call. by other State or Federal laws, no benefit- watershed structures as a result of this pro- Sincerely, cost analysis will be conducted and no ben- gram. Many of these dams are nearing, or HAL ECHOLS, efit-cost ratio greater than one will be re- are already at the end of, their design life- Post III Commissioner. quired. The benefits of and the requirements time—50 years—and are in need of signifi- for the rehabilitation project shall be docu- cant rehabilitation to maintain structural PAULDING COUNTY mented to ensure the wise and responsible integrity and dam safety. Twenty-two of BOARD OF COMMISSIONERS, use of Federal funds. Georgia’s Soil and Water Conservation Dis- Dallas, GA, October 20, 1999. ‘‘(g) RANKING OF REQUESTS FOR REHABILI- tricts have primary responsibility for oper- Hon. PAUL COVERDELL, TATION ASSISTANCE.—The Secretary shall es- ating and maintaining these 351 dams, and Russell Senate Office Building, tablish such system of approving rehabilita- many of our districts share responsibility Washington, DC. tion requests, recognizing that such requests with local governments on the remaining DEAR SENATOR COVERDELL: In reference to will be received throughout the fiscal year structures. Since FY96, the state of Georgia the Small Watershed Rehabilitation Senate and subject to the availability of funds to has appropriated over $4.6 million to bring Bill that you will be introducing, I want to carry out this section, as is necessary for these structures in compliance with the offer you my support in your efforts to get proper administration by the Department of Georgia Safe Dams Act. this passed. I appreciate your time and effort Agriculture and equitable for all eligible These watershed structures provide over in what you are doing for Paulding County local organizations. The approval process $16 million of benefits each year to Georgia and if there is ever anything I can do for you, shall be in writing, and made known to all communities by protecting urban and rural please don’t hesitate to give me a call. eligible local organizations and appropriate infrastructures, as well as personal property, Sincerely, State agencies. from flooding and flood damage. These dams ROGER LEGGETT, ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— also protect irreplaceable natural resources Post II Commissioner. There are authorized to be appropriated to through an effective watershed approach. the Secretary $60,000,000 for each of the fiscal PAULDING COUNTY years 2000 through 2009 to provide financial Representative Lucas is currently seeking co-sponsors for this bill in the House. Con- BOARD OF COMMISSIONERS, and technical assistance under this section. Dallas, GA, October 20, 1999. ‘‘(i) ASSESSMENT OF REHABILITATION gressmen Nathan Deal and Saxby Chambliss Hon. PAUL COVERDELL, NEEDS.—Of the amount appropriated pursu- have already become co-sponsors of H.R. 728. Russell Senate Office Building, ant to subsection (h) for fiscal years 2000 and I would like to ask for your support in co- Washington, DC. 2001, $5,000,000 shall be used by the Secretary, sponsoring this legislation; it is important in concert with the responsible State agen- to Georgia’s soil and water conservation dis- DEAR SENATOR COVERDELL: I am in total cies, to conduct an assessment of the reha- tricts and the state of Georgia. support of the Watershed Dam bill you will bilitation needs of covered water resource Thank you. be introducing. We have many watershed projects in all States in which such projects Sincerely, dams in Paulding County that are in need of repair. are located. ROY E. BARNES. ‘‘(j) RECORDKEEPING AND REPORTS.— If you need any additional, please call me. ECRETARY Sincerely, ‘‘(1) S .—The Secretary shall OFFICE OF THE COMMISSIONER, maintain a data base to track the benefits MIKE J. POPE, Pickens County, GA, October 20, 1999. Commissioner, Post I. derived from rehabilitation projects sup- Senator PAUL COVERDELL, ported under this section and the expendi- Russell Senate Office Bldg., Washington, DC. tures made under this section. On the basis COBB COUNTY BOARD DEAR SENATOR COVERDELL: I certainly ap- of such data and the reports submitted under OF COMMISSIONERS, paragraph (2), the Secretary shall prepare preciate and support your effort to introduce Marietta, GA, October 19, 1999. the Small Watershed Rehabilitation Act and submit to Congress an annual report Hon. PAUL COVERDELL, providing the status of activities conducted 1999. U.S. Senate, Russell Senate Office Building, under this section. As you know, these watershed structures Washington, DC. ‘‘(2) GRANT RECIPIENTS.—Not later than 90 are very well placed in 19 sites throughout DEAR SENATOR COVERDELL: I want to for- days after the completion of a specific reha- our County preventing major runoff, erosion mally endorse your sponsorship of legisla- bilitation project for which assistance is pro- and flooding. tion to amend the Watershed Protection and vided under this section, the eligible local Even though our efforts to maintain them Flood Prevention Act, in order to provide fi- organization that received the assistance are ongoing we are somewhat limited by nancial assistance to local entities working

VerDate 12-OCT-99 03:48 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.068 pfrm01 PsN: S21PT1 S13018 CONGRESSIONAL RECORD — SENATE October 21, 1999 to rehabilitate structural measures con- with the maintenance of the dam at our and building these structures, and since structed as part of a covered water resource reservoir. much of the required upgrading is as a result project. Sincerely, of changed federal policies, it just makes Having federal financial assistance avail- DAVID ALDRICH, sense that the federal government assist able to address a portion of the costs for the City Manager. with the rehabilitation on a cost-sharing rehabilitation of structures that impound basis much as they did the original construc- water can ensure that appropriate revenues UPPER CHATTAHOOCHEE RIVER SOIL tion. and support will be available as Cobb County AND WATER CONSERVATION DIS- Within the next 10 years, 69 of Georgia’s 357 works to extend the service life of these TRICT, watershed structures will reach the end of structures. October 20, 1999. their designed lifespan. Georgia has about Finally, I appreciate the effort on behalf of Re Watershed Dam Rehabilitation. 130 structures that need some modification, Congress to address the safety concerns asso- Mr. RICHARD GUPTON. and the cost estimate is $85 million. The cost ciated with the maintenance of these aging DEAR MR. GUPTON: I would like to express of rehabilitating these structures can be ex- structures. The protection of life and prop- our strongest support for Senator Coverdell’s pensive. Two dams were recently modified in erty is a priority and assistance in this effort Bill to provide assistance to repair the wa- Georgia’s Etowah River and Raccoon Creek is most appreciated. tershed dams across the county and espe- Watersheds at a cost of nearly $750,000 each. Please know that I aggressively support cially important to me the dams in Forsyth With rehabilitation, these very worthwile this legislation and your sponsorship. County. structures will continue to provide benefits I have been a supervisor in Forsyth County Sincerely, to society for years to come. It has been esti- for over five years and have seen first hand BILL BYRNE, mated these watershed projects provide $2.20 the tremendous benefits that these struc- Chairman. in benefits for every $1.00 of cost. That is the tures have provided the citizens of Forsyth kind of federal investment we ought to be County. protecting. GWINNETT COUNTY, As these dams approach 40 and 50 years old The NWC is pleased you are considering in- Office of the County Administrator, the District has seen the urgent need for fed- troducing such a bill, and will help. October 19, 1999. eral assistance in performing necessary re- Sincerely, Senator PAUL D. COVERDELL, pairs and upgrades to meet new regulations W.R. ‘‘BILL’’ HAMM, Colony Square, Atlanta, GA. and standards. This assistance is urgently Chairman. SENATOR COVERDELL: I appreciate the op- needed to upgrade these structures so they portunity to give input on the Watershed Re- can continue to provide benefits in the year NATIONAL WATERSHED COALITION, habilitation Legislation. I have reviewed the to come. Burke, VA. draft bill, and it appears to be in our best in- Sincerely, NATIONAL WATERSHED COALITION—WHAT IS terest for this legislation to pass. It provides LEONARD RIDINGS, IT?—WHO IS IT? 65% rehabilitation funding for existing soil District Supervisor. conservation service dams. This funding can The National Watershed Coalition is a non- also be used to extend the life of the dams, BARTOW COUNTY profit organization consisting of national, correct accelerated deterioration, correct COMMISSIONER’S OFFICE, regional, state, and local associations and damage from a catastrophic event, or up- October 21, 1999. organizations that have joined forces to ad- grade the dam to meet changed land use con- Senator PAUL COVERDELL, vocate the use of the watershed or hydro- ditions in the watershed. U.S. Senate, Washington, DC. logic unit concept when assessing natural re- It appears that no funding is currently Re Watershed Dams Legislation. sources issues. Additionally, we are pooling available for this work, and since Gwinnett DEAR SENATOR COVERDELL: As County our resources to support and strengthen County has responsibility for 14 of the ref- Commissioner, I support the legislation cur- USDA’s Small Watershed Protection and erenced dams, we support this draft legisla- rently being considered on watershed dams. Flood Prevention Programs (PL 534 & 566) as tion. If you have any questions or need addi- Bartow County has seven watershed dams. we believe they represent the best available tional information, please feel free to call This legislation, if passed, would benefit planning and implementation vehicles for me at (770) 822–7021. Thank you. many counties, like Bartow that have sev- water and land resource management. The Sincerely, eral of these dams to maintain. Coalition also supports other water re- CHARLOTTE NASH, Thank you for your endorsement of this sources programs employing total resource County Administrator. legislation. based principles in planning, and the reha- Very truly yours, bilitation of older projects. The affairs of the Coalition are managed HABERSHAM COUNTY, CLARENCE BROWN, by a steering committee made up of rep- OFFICE OF COUNTY COMMISSIONERS, SOLE COMMISSIONER, resentatives of all participating national, re- Clarkesville, GA, October 20, 1999. Bartow County, GA. gional, and state organizations and associa- To: Mr. RICHARD GUPTON. tions. Current steering committee member- Subject: Small Watershed Rehabilitation NATIONAL WATERSHED COALITION, ship includes: Alabama Association of Con- Act of 1999. October 4, 1999. Hon. PAUL D. COVERDELL, servation Districts; Arkansas Watershed Co- DEAR SIR: We fully support Senator Paul U.S. Senate, Washington, DC. alition; Associated General Contractors of Coverdell’s effort to obtain federal funds to DEAR SENATOR COVERDELL, Recently I have America; Association of State Dam Safety up grade and maintain the watershed dams heard you might be considering introducing Officials; Association of State Floodplain in our county. These dams have provided and a Small Watershed Rehabilitation Bill in the Managers; Association of Texas Soil & Water are still providing much needed flood protec- Senate, much like H.R. 728 that is working Conservation Districts; Interstate Council on tion and other benefits including municipal its way through the House of Representa- Water Policy; Iowa Watersheds; Kansas As- water. The cost of bringing these dams up to tives. This letter is to support you in that sociation of Conservation Districts; Land safe dams standards far exceeds our budget. endeavor, and offer the resources of the Na- Improvement Contractors of America; Lower Any help from the federal level is certainly tional Watershed Coalition (NWC) in that Colorado River Authority, Texas; Mississippi a wise use of tax dollars. support. Association of Conservation Districts; Mis- Sincerely, Our NWC represents local watershed souri Watershed Association; National Asso- JERRY L. TANKSLEY, project sponsors at the national level. For ciation of Conservation Districts; National Chairman. many years they have been telling us that Association of Flood and Stormwater Man- our nation’s small watershed structures, agement Agencies; National Association of CITY OF HOGANSVILLE, which provide invaluable benefits to society, State Conservation Agencies; New Mexico E. MAIN STREET, in some instances are in vital need of reha- Watershed Coalition; North Carolina Asso- Hogansville, GA, October 21, 1999. bilitation and upgrading to meet current ciation of Soil & Water Conservation Dis- HONORABLE PAUL COVERDELL: The reservoir standards. In many cases, these local spon- tricts; Oklahoma Association of Conserva- here in Hogansville was built in the mid sors, no matter how much they would like to tion Districts; Oklahoma Conservation Com- 1970’s primarily for the purpose of flood con- be able to accomplish these mandated up- mission; Pennsylvania Division of Conserva- trol. It has served the community exception- grades, simply do not have the financial ca- tion Districts; Soil & Water Conservation ally well in its intended purpose. pability to do so, and are not likely to get Society; South Carolina Association of Con- It can’t be overstated as to how important that capability soon. Your own state of servation Districts; South Carolina Land Re- the maintenance of the dam is to the integ- Georgia has been a national leader in recog- sources Conservation Commission; State As- rity of the dam and the safety to the commu- nizing this problem and assisting these local sociation of Kansas Watersheds; Tennessee nity immediately downstream. project sponsors with technical and financial Association of Conservation Districts; Texas As with anything we do, it does cost to help. Even with Georgia’s own statewide re- Association of Watershed Sponsors; Texas properly maintain the dam and these costs habilitation program, more is needed. We be- State Soil & Water Conservation Board; escalate each year. It is extremely important lieve that since the federal government Tombigbee River Valley Water Management that we receive Federal financial assistance worked with these local sponsors in planning District, Mississippi; Town Creek Water

VerDate 12-OCT-99 03:48 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.096 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S13019

Management District of Lee, Pontotoc, MIKE DEWINE. This act makes five mis- vessel owned by someone who is violating Prentiss & Union Counties, Mississippi; Vir- cellaneous technical corrections to the the antitrust laws may pass through the ginia Association of Soil & Water Conserva- antitrust laws. Companion legislation Panama Canal. With the return of the Canal tion Districts; West Virginia Soil & Water to this bill has been introduced in the to Panamanian sovereignty at the end of Conservation District Supervisors Associa- 1999, it is appropriate to repeal this outdated tion; West Virginia State Soil Conservation House by Representatives HYDE and provision. Agency; and Wisconsin PL–566 Coalition. CONYERS. 2. Clarification that Section 2 of the Sher- One of the technical corrections re- MEMBERSHIPS man Act Applies to the District and the Ter- peals an outdated provision which ap- ritories (15 U.S.C. § 3)—Sections 1 and 2 of the The National Watershed Coalition includes Sherman Act are two of the central provi- among its membership a number of sup- plies only to the Panama Canal, one sions of the antitrust laws. Section 1 pro- porters (local watershed sponsors and indi- clarifies a long existing ambiguity and hibits combinations or conspiracies in re- viduals), who have made voluntary tax-ex- expressly ensures that the Sherman straint of trade, and Section 2 prohibits mo- empt contributions to support the Coali- Act applies to the District of Columbia nopolization. Section 3 of the Sherman Act tion’s efforts. Funds obtained through mem- and the territories, and another repeals was intended to apply these provisions to the berships are used to provide information to a redundant jurisdictional provision. In District of Columbia and the various terri- all members, and help defray expenses of addition, two other provisions correct tories of the United States. Unfortunately, publishing the newsletter, mailings and a bi- typographical errors in two antitrust however, section 3 is ambiguously drafted ennial conference. Our membership cat- and leaves it unclear whether Section 2 ap- egories are individual, organization and statutes—the inadvertent mislabeling plies to the District of Columbia and the ter- Steering Committee. of an amendment to the Clayton Act ritories. This bill clarifies that both Section HOW THE STEERING COMMITTEE WORKS passed last year and another a punctu- ation error in the Year 2000 Informa- 1 and Section 2 apply to the District and the The steering committee meets three to Territories. four times each year to review problems and tion and Readiness Disclosure Act. 3. Repeal of Redundant Antitrust Jurisdic- concerns about water resources issues and The only difference between our bill tional Provision in Section 77 at the Wilson the PL 534 & 566 watershed programs and re- and the House companion is that the Tariff Act—In 1955, Congress modernized the lated authorities, and discuss recommenda- House would repeal an outdated stat- jurisdictional and venue provisions relating tions on how the program can be improved. ute—the Taking Depositions in Public to antitrust suits by amendment Section 4 of Each representative takes recommendations Act—which requires that pre-trial the Clayton Act (15 U.S.C. § 15). At that time, back to their own organization and follows depositions in antitrust cases brought it repealed the redundant jurisdiction provi- up with their own membership, committees, by the government be taken in public. sion in Section 7 of the Sherman Act, but and contacts. There is also regular commu- not the corresponding provision in Section 77 nication throughout the year concerning This provision was enacted in 1913 at a of the Wilson Tariff Act. It appears that this progress made on current watershed manage- time when antitrust cases were tried was an oversight because Section 77 was ment issues. under completely different procedures never codified and has rarely been used. Re- There is no required membership fee to be- from today and testimony was usually pealing Section 77 will not change any sub- come a member of the Steering Committee not taken in open court. In other stantive rights because Section 4 of the Clay- of the National Watershed Coalition, al- words, back then antitrust trials were ton Act provides any potential plaintiff with though some organizations do make a vol- essentially conducted ‘‘on paper.’’ This the same rights. Rather it simply rides the untary contribution in support. In addition, statute was virtually ignored—and un- law of a confusing, redundant, and little used representatives of participating organiza- provision. tions and associations pay their own wages used—until the past year. This provi- 4. Technical Amendment to the Curt Flood and expenses for attendance at committee sion was revived last year when, as Act of 1998 (Public Law 105–297)—This provi- meetings, and handle their own clerical and part of its antitrust lawsuit against sion corrects an inadvertent technical error postage expenses inhouse. Steering com- Microsoft, the government deposed Bill in the statutory codification of the Curt mittee members are encouraged to also be Gates. Flood Act of 1998, the statute which provided Individual Members. Now, of course, people need to be de- that major league baseball players are cov- From time to time, there has been, and posed if they possess evidence that may ered under the antitrust law. The Curt Flood may be again, solicitation for funds for spe- be integral to the resolution of the Act was codified to a section number of the cific purposes toward a common goal; how- Clayton Act which was already in use. The ever, it is understood that solicited funds are case. But today the 1913 statute seems amendment corrects this error by redesig- to be given entirely on a voluntary basis. both unnecessary, counter-productive nating the statute as section 28 of the Clay- The Coalition is a 501(c)(3) organization. and, even, voyeuristic—that is, if you ton Act. This substantive change to the stat- Funds contributed to the Coalition are tax can have voyeurism in an antitrust ute is intended. deductible. context. Its need has vanished because 5. Technical Amendment to the Year 2000 If your organization wishes to play a more testimony is now taken in open court Information and Readiness Disclosure Act— active role in this effort, we welcome your in antitrust cases, as it is in any other. This provision corrects a typographical error participation. All you need to do is write to Indeed, requiring the depositions of in the statute as enacted by the inserting a the address indicated below requesting to be missing period in section 5(a)(2). No sub- a part of this important effort, explaining prominent figures such as Bill Gates stantive change to the statute is intended.∑ your organization’s interest and support for and Steve Case in controversial and the watershed approach and the Small Wa- widely publicized cases inevitably cre- By Mrs. FEINSTEIN (for herself and tershed Programs, and providing the name, ates a media ‘‘feeding frenzy’’ contrary Mrs. BOXER): title, and address of the person designated to to the sound administration of justice represent your group. When your organiza- and a sober examination of com- S. 1765. A bill to prohibit post-viabil- tion receives its acceptance letter, you will plicated legal issues. ity abortions; to the Committee on the be included on the mailing list and invited to So I would support the House provi- Judiciary. participate in all steering committee meet- THE LATE-TERM ABORTION BAN BILL ings. We welcome all interested organiza- sion but, at this point, my belief is tions. that it is more important to move the Mrs. FEINSTEIN. Mr. President, We look forward to hearing from you. The underlying measure in a timely man- Senator BOXER and I today are intro- more participation we have, the stronger our ner than to wait to develop a consensus ducing a bill to ban abortions after a voice will be. on the deposition provision in the Sen- fetus is viable. ate. We’ll work on that consensus here, The bill has 3 provisions: By Mr. DEWINE (for himself and or we’ll work the differences out in (1) It bans post-viability abortions. Mr. KOHL): conference. (2) It provides an exception to the S. 1764. A bill to make technical cor- Mr. President, I ask that a summary ban if, in the medical judgment of the rections to various antitrust laws and of the bill be printed in the RECORD. I attending physician, the abortion is to references to such laws; to the Com- look forward to working with my col- necessary to preserve the life of the mittee on the Judiciary. leagues to turn this bill into law. woman or to avert serious adverse ANTITRUST TECHNICAL CORRECTIONS AND The summary of the bill follows: health consequences to the woman. IMPROVEMENTS ACT OF 1999 SUMMARY OF THE ANTITRUST TECHNICAL (3) It includes two civil penalties: ∑ Mr. KOHL. Mr. President, I rise CORRECTIONS AND IMPROVEMENTS ACT OF 1999 For the first offense, a fine not to ex- today to co-sponsor the Antitrust 1. Repeal of the Antitrust Provision of the ceed $10,000. For the second offense, Technical Corrections and Improve- Panama Canal Act (15 U.S.C. § 31)—Section 11 revocation of a physician’s medical li- ments Act of 1999 with my colleague of the Panama Canal Act provides that no cense.

VerDate 12-OCT-99 03:48 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.099 pfrm01 PsN: S21PT1 S13020 CONGRESSIONAL RECORD — SENATE October 21, 1999 This amendment is similar to S. 481 Bolton, the Court held that the deci- ning to demonstrate an improved pat- which we introduced in the previous sion of whether a woman requires an tern of academic performance and Congress and the amendment we of- abortion for the health of the mother is achievement, we still have a way to go, fered as a substitute to the ‘‘partial- a medical judgment to ‘‘be exercised in as the following statistics would indi- birth abortion bill’’ when the Senate light of all factors—physical, emo- cate. considered it. The major difference is tional, psychological, familial, and the Education risk factors continue to that the bill we introduce today adds woman’s age—relevant to the well- start even before birth for many native the penalty of revocation of the med- being of the patient.’’ In so doing, the Hawaiian children, including late or no ical license for a second offense. S. 481 Court further recognized a doctor’s im- prenatal care, high rates of births to did not include this penalty. Both S. portant role in determining whether an unmarried native Hawaiian mothers, 481 and this bill have as the penalty for abortion is necessary. and high rates of births to teenage par- the first offense a $10,000 fine. I believe that the language of this ents. bill—unlike S. 1692, Senator This bill reflects my deep belief that Native Hawaiian students continue SANTORUM’s bill and the substitute of- abortions after a fetus is viable should to begin their school experience lag- fered yesterday by Senator DURBIN— not take place except in the rarest of ging behind other students in terms of has a meaningful health exception for circumstances to protect the life and readiness factors such as vocabulary the woman and is constitutional. health of the mother. That is the in- test scores; tent of this bill. The decision to have an abortion—by The medical community has said the mother, the father, the physician— Native Hawaiian students continue that there are very occasionally very is never an easy one. It is the most to score below national norms on extraordinary and tragic cir- wrenching decision any woman could standardized education achievement cumstances when a physician may de- ever have to make. It is a profoundly, tests at all grade levels; termine that a postviability abortion is impossibly difficult decision in the late Both public and private schools con- the safest procedure for protecting a stages of pregnancy. tinue to show a pattern of lower per- woman’s health. These are cir- No physician would perform a cent ages of native Hawaiian students cumstances which most of us can never postviability abortion without ex- in the uppermost achievement levels imagine. tended and serious consideration. Be- and in gifted and talented programs; Leading medical organizations say cause the physician’s action has con- Native Hawaiian students continue that post-viability abortions are rare sequences for human life and the ac- to be over-represented among students and should be rare. They say that med- tion should not be undertaken except qualifying for special education pro- ical decisions should be made by doc- in the gravest of circumstances, the grams provided to students with learn- tors who must determine the best pro- substitute includes two penalties. It ing disabilities, mild mental retarda- cedure. For example, the American creates for the first offense a $10,000 tion, emotional impairment, and other College of Obstetricians and Gyne- fine; for the second offense, revocation such disabilities; cologists, has said: of the physician’s license. I oppose post-viability abortions. Native Hawaiian continue to be ACOG has never supported post-viability under-represented in institutions of abortions except for the constitutionally They are wrong, except to save the mother’s life and health. Late-term higher education and among adults protected exception of saving the life or who have completed four or more years health of a woman. abortions are rare and they should be There may be circumstances where the rare. of college; physician and patient would reach the con- I will vote against S. 1692, Senator Native Hawaiian continue to be dis- clusion that this procedure [Intact Dilata- SANTORUM’s bill, because it is not con- proportionately represented in many tion and Extraction after 16 weeks of preg- stitutional. It does not include ade- negative social and physical statistics nancy] is the most medically quate protections for a woman’s indicative of special educational needs, appropriate . . . there is a need for flexi- bility in handling unexpected situa- health. as demonstrated by the fact that— tions. . . . I believe this bill is a far preferable Native Hawaiian students are more approach. Its penalties represent grave The California Medical Association likely to be retained in grade level and consequences for violations. It protects wrote me, ‘‘The determination of the to be excessively absent in secondary the fetus except in extraordinary cir- medical need for, and effectiveness of, school; cumstances that could have serious ad- particular medical procedures must be Native Hawaiian students have the verse consequences for the mother’s left to the medical profession, to be re- highest rates of drug and alcohol use in health. It protects a woman’s life and flected in the standard of care . . . The the State of Hawaii; and health. legislative process is ill-suited to I hope my colleagues will join me in Native Hawaiian children continue to evaluate complex medical procedures passing this bill. be disproportionately victimized by whose importance may vary with a child abuse and neglect; and particular patient’s case and with the By Mr. INOUYE (for himself and In the 1988, National Assessment of state of scientific knowledge.’’ Mr. AKAKA): Educational Progress, Hawaiian fourth Congress cannot anticipate every S. 1767. A bill to amend the Elemen- graders ranked 39 among groups of stu- conceivable medical situation. Only tary and Secondary Education Act of dents from 39 States in reading. the doctor, in consultation with the pa- 1965 to improve Native Hawaiian edu- Mr. President, because Hawaiian stu- tient, based upon the woman’s unique cation programs, and for other pur- dents rank among the lowest groups of medical history and health can make poses; to the Committee on Health, students nationally in reading, and be- this decision of how best to protect the Education, Labor, and Pensions. cause native Hawaiian students rank woman’s health. NATIVE HAWAIIAN EDUCATION the lowest among Hawaiian students in This substitute is designed to protect REAUTHORIZATION ACT reading, it is imperative that greater the fetus, to protect the woman’s life Mr. INOUYE. Mr. President, I rise focus be placed on beginning reading and health and to give the physician today to introduce a bill, on behalf of and early education and literacy in Ha- the latitude to make the necessary myself and Senator AKAKA, that would waii. medical decisions in those rarest of cir- provide for the reauthorization of the cumstances. Native Hawaiian Education Act. Mr. President, there was a time in The U.S. Supreme Court, in the 1973 First enacted into law in 1988 as part the history of Hawaii when there were Roe v. Wade decision, held that the of the Elementary and Secondary Edu- very high rates of literacy and integra- woman’s health must be the physi- cation Act, the Native Hawaiian Edu- tion of traditional culture and Western cian’s primary concern and the physi- cation Act provides support for the Education among native Hawaiians. cian must be given the discretion he or education of native Hawaiian students These high rates were attributable to she needs to choose the most appro- in furtherance of the United States’ the Hawaiian language-based public priate abortion method to protect the trust responsibility to the native peo- school system established in 1840 by woman’s life and health. ple of Hawaii. King Kamehameha III. The Supreme Court has defined Mr. President, I am sad to report Mr. President, if we are to reverse ‘‘health of the mother.’’ In Doe v. that while these programs are begin- the course of these downward trends in

VerDate 12-OCT-99 04:34 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.124 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S13021 educational achievement and academic of the Hawaiian Islands for educational and ‘‘(13) The political relationship between performance of native Hawaiian stu- other public purposes’. the United States and the Native Hawaiian dents, it is critical that the initiatives ‘‘(7) By 1919, the Native Hawaiian popu- people has been recognized and reaffirmed by authorized by the Native Hawaiian lation had declined from an estimated the United States, as evidenced by the inclu- 1,000,000 in 1778 to an alarming 22,600, and in Education Act be reauthorized. sion of Native Hawaiians in— recognition of this severe decline, Congress ‘‘(A) the Native American Programs Act of Mr. President, I respectfully request enacted the Hawaiian Homes Commission 1974 (42 U.S.C. 2991 et seq.); unanimous consent that the text of Act, 1920 (42 Stat. 108), which designated ap- ‘‘(B) the American Indian Religious Free- this measure be printed in the RECORD. proximately 200,000 acres of ceded public dom Act (42 U.S.C. 1996); There being no objection, the bill was lands for homesteading by Native Hawaiians. ‘‘(C) the National Museum of the American ordered to be printed in the RECORD, as ‘‘(8) Through the enactment of the Hawai- Indian Act (20 U.S.C. 80q et seq.); follows: ian Homes Commission Act, 1920, Congress ‘‘(D) the Native American Graves Protec- affirmed the special relationship between the S. 1767 tion and Repatriation Act (25 U.S.C. 3001 et United States and the Native Hawaiians, Be it enacted by the Senate and House of Rep- seq.); which was described by then Secretary of the ‘‘(E) the National Historic Preservation resentatives of the United States of America in Interior Franklin K. Lane, who said: ‘One Congress assembled, Act (16 U.S.C. 470 et seq.); thing that impressed me . . . was the fact ‘‘(F) the Native American Languages Act SECTION 1. SHORT TITLE. that the natives of the island who are our (25 U.S.C. 2901 et seq.); This Act may be cited as the ‘‘Native Ha- wards, I should say, and for whom in a sense ‘‘(G) the American Indian, Alaska Native, waiian Education Reauthorization Act’’. we are trustees, are falling off rapidly in and Native Hawaiian Culture and Art Devel- SEC. 2. NATIVE HAWAIIAN EDUCATION. numbers and many of them are in poverty.’. opment Act (20 U.S.C. 4401 et seq.); Part B of title IX of the Elementary and ‘‘(9) In 1938, Congress again acknowledged ‘‘(H) the Job Training Partnership Act (29 the unique status of the Hawaiian people by Secondary Education Act of 1965 (20 U.S.C. U.S.C. 1501 et seq.) and the Workforce Invest- including in the Act of June 20, 1938 (52 Stat. 7901 et seq.) is amended to read as follows: ment Act of 1998 (29 U.S.C. 2801 et seq.); and 781, chapter 530; 16 U.S.C. 391b, 391b–1, 392b, ‘‘PART B—NATIVE HAWAIIAN EDUCATION ‘‘(I) the Older Americans Act of 1965 (42 392c, 396, 396a), a provision to lease lands U.S.C. 3001 et seq.). ‘‘SEC. 9201. SHORT TITLE. within the National Parks extension to Na- ‘‘(14) In 1981, Congress instructed the Office ‘‘This part may be cited as the ‘Native Ha- tive Hawaiians and to permit fishing in the waiian Education Act’. area ‘only by native Hawaiian residents of of Education to submit to Congress a com- ‘‘SEC. 9202. FINDINGS. said area or of adjacent villages and by visi- prehensive report on Native Hawaiian edu- ‘‘Congress finds the following: tors under their guidance.’. cation. The report, entitled the ‘Native Ha- ‘‘(1) Native Hawaiians are a distinct and ‘‘(10) Under the Act entitled ‘An Act to waiian Educational Assessment Project’, was unique indigenous people with a historical provide for the admission of the State of Ha- released in 1983 and documented that Native continuity to the original inhabitants of the waii into the Union’, approved March 18, 1959 Hawaiians scored below parity with regard Hawaiian archipelago, whose society was or- (73 Stat. 4), the United States transferred re- to national norms on standardized achieve- ganized as a nation and internationally rec- sponsibility for the administration of the ment tests, were disproportionately rep- ognized as a nation by the United States, Hawaiian Home Lands to the State of resented in many negative social and phys- Britain, France, and Japan, as evidenced by Hawai‘i but reaffirmed the trust relationship ical statistics indicative of special edu- treaties governing friendship, commerce, and between the United States and the Hawaiian cational needs, and had educational needs navigation. people by retaining the exclusive power to that were related to their unique cultural ‘‘(2) At the time of the arrival of the first enforce the trust, including the power to ap- situation, such as different learning styles non-indigenous people in Hawai‘i in 1778, the prove land exchanges and amendments to and low self-image. Native Hawaiian people lived in a highly or- such Act affecting the rights of beneficiaries ‘‘(15) In recognition of the educational ganized, self-sufficient subsistence social under such Act. needs of Native Hawaiians, in 1988, Congress system based on a communal land tenure ‘‘(11) In 1959, under the Act entitled ‘An enacted title IV of the Augustus F. Hawkins- system with a sophisticated language, cul- Act to provide for the admission of the State Robert T. Stafford Elementary and Sec- ture, and religion. of Hawaii into the Union’, the United States ondary School Improvement Amendments of ‘‘(3) A unified monarchal government of also ceded to the State of Hawai‘i title to the 1988 (102 Stat. 130) to authorize and develop the Hawaiian Islands was established in 1810 public lands formerly held by the United supplemental educational programs to ad- under Kamehameha I, the first King of States, but mandated that such lands be held dress the unique conditions of Native Hawai- Hawai‘i. by the State ‘in public trust’ and reaffirmed ians. ‘‘(4) From 1826 until 1893, the United States the special relationship that existed between ‘‘(16) In 1993, the Kamehameha Schools recognized the sovereignty and independence the United States and the Hawaiian people Bishop Estate released a 10-year update of of the Kingdom of Hawai‘i, which was estab- by retaining the legal responsibility to en- findings of the Native Hawaiian Educational lished in 1810 under Kamehameha I, extended force the public trust responsibility of the Assessment Project, which found that de- full and complete diplomatic recognition to State of Hawai‘i for the betterment of the spite the successes of the programs estab- the Kingdom of Hawai‘i, and entered into conditions of Native Hawaiians, as defined in lished under title IV of the Augustus F. Haw- treaties and conventions with the Kingdom section 201(a) of the Hawaiian Homes Com- kins-Robert T. Stafford Elementary and Sec- of Hawai‘i to govern friendship, commerce mission Act, 1920. ondary School Improvement Amendments of and navigation in 1826, 1842, 1849, 1875, and ‘‘(12) The United States has recognized and 1988, many of the same educational needs 1887. reaffirmed that— still existed for Native Hawaiians. Subse- ‘‘(5) In 1893, the sovereign, independent, ‘‘(A) Native Hawaiians have a cultural, his- quent reports by the Kamehameha Schools internationally recognized, and indigenous toric, and land-based link to the indigenous Bishop Estate and other organizations have government of Hawai‘i, the Kingdom of people who exercised sovereignty over the generally confirmed those findings. For Hawai‘i, was overthrown by a small group of Hawaiian Islands, and that group has never example— non-Hawaiians, including United States citi- relinquished its claims to sovereignty or its ‘‘(A) educational risk factors continue to zens, who were assisted in their efforts by sovereign lands; start even before birth for many Native Ha- the United States Minister, a United States ‘‘(B) Congress does not extend services to waiian children, including— naval representative, and armed naval forces Native Hawaiians because of their race, but of the United States. Because of the partici- because of their unique status as the indige- ‘‘(i) late or no prenatal care; pation of United States agents and citizens nous people of a once sovereign nation as to ‘‘(ii) high rates of births by Native Hawai- in the overthrow of the Kingdom of Hawai‘i, whom the United States has established a ian women who are unmarried; and in 1993 the United States apologized to Na- trust relationship; ‘‘(iii) high rates of births to teenage par- tive Hawaiians for the overthrow and the ‘‘(C) Congress has also delegated broad au- ents; deprivation of the rights of Native Hawaiians thority to administer a portion of the Fed- ‘‘(B) Native Hawaiian students continue to to self-determination through Public Law eral trust responsibility to the State of Ha- begin their school experience lagging behind 103–150 (107 Stat. 1510). waii; other students in terms of readiness factors ‘‘(6) In 1898, the joint resolution entitled ‘‘(D) the political status of Native Hawai- such as vocabulary test scores; ‘Joint Resolution to provide for annexing the ians is comparable to that of American Indi- ‘‘(C) Native Hawaiian students continue to Hawaiian Islands to the United States’, ap- ans and Alaska Natives; and score below national norms on standardized proved July 7, 1898 (30 Stat. 750), ceded abso- ‘‘(E) the aboriginal, indigenous people of education achievement tests at all grade lev- lute title of all lands held by the Republic of the United States have— els; Hawai‘i, including the government and ‘‘(i) a continuing right to autonomy in ‘‘(D) both public and private schools con- crown lands of the former Kingdom of their internal affairs; and tinue to show a pattern of lower percentages Hawai‘i, to the United States, but mandated ‘‘(ii) an ongoing right of self-determination of Native Hawaiian students in the upper- that revenue generated from the lands be and self-governance that has never been ex- most achievement levels and in gifted and used ‘solely for the benefit of the inhabitants tinguished. talented programs;

VerDate 12-OCT-99 03:48 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.092 pfrm01 PsN: S21PT1 S13022 CONGRESSIONAL RECORD — SENATE October 21, 1999 ‘‘(E) Native Hawaiian students continue to ians in reaching the National Education the Committee on Education and the Work- be overrepresented among students quali- Goals; force of the House of Representatives, and fying for special education programs pro- ‘‘(2) provide direction and guidance to ap- the Committee on Indian Affairs of the Sen- vided to students with learning disabilities, propriate Federal, State, and local agencies ate. mild mental retardation, emotional impair- to focus resources, including resources made ‘‘(2) ANNUAL REPORT.—The Education ment, and other such disabilities; available under this part, on Native Hawai- Council shall prepare and submit to the Sec- ‘‘(F) Native Hawaiians continue to be ian education, and to provide periodic assess- retary an annual report on the Education underrepresented in institutions of higher ment and data collection; Council’s activities. education and among adults who have com- ‘‘(3) supplement and expand programs and ‘‘(3) ISLAND COUNCIL SUPPORT AND ASSIST- pleted 4 or more years of college; authorities in the area of education to fur- ANCE.—The Education Council shall provide ‘‘(G) Native Hawaiians continue to be dis- ther the purposes of this title; and such administrative support and financial proportionately represented in many nega- ‘‘(4) encourage the maximum participation assistance to the island councils established tive social and physical statistics indicative of Native Hawaiians in planning and man- pursuant to subsection (f) as the Secretary of special educational needs, as dem- agement of Native Hawaiian education pro- determines to be appropriate, in a manner onstrated by the fact that— grams. that supports the distinct needs of each is- ‘‘(i) Native Hawaiian students are more ‘‘SEC. 9204. NATIVE HAWAIIAN EDUCATION COUN- land council. likely to be retained in grade level and to be CIL AND ISLAND COUNCILS. ‘‘(f) ESTABLISHMENT OF ISLAND COUNCILS.— excessively absent in secondary school; ‘‘(a) ESTABLISHMENT OF NATIVE HAWAIIAN ‘‘(1) IN GENERAL.—In order to better effec- ‘‘(ii) Native Hawaiian students have the EDUCATION COUNCIL.—In order to better effec- tuate the purposes of this part and to ensure highest rates of drug and alcohol use in the tuate the purposes of this part through the the adequate representation of island and State of Hawai‘i; and coordination of educational and related serv- community interests within the Education ‘‘(iii) Native Hawaiian children continue to ices and programs available to Native Ha- Council, the Secretary is authorized to fa- be disproportionately victimized by child waiians, including those programs receiving cilitate the establishment of Native Hawai- abuse and neglect; and funding under this part, the Secretary is au- ian education island councils (referred to in- ‘‘(H) Native Hawaiians now comprise over thorized to establish a Native Hawaiian Edu- dividually in this part as an ‘island council’) 23 percent of the students served by the cation Council (referred to in this part as the for the following islands: State of Hawai‘i Department of Education, ‘Education Council’). ‘‘(A) Hawai‘i. and there are and will continue to be geo- ‘‘(b) COMPOSITION OF EDUCATION COUNCIL.— ‘‘(B) Maui. graphically rural, isolated areas with a high The Education Council shall consist of not ‘‘(C) Moloka‘i. Native Hawaiian population density. more than 21 members, unless otherwise de- ‘‘(D) Lana‘i. ‘‘(17) In the 1998 National Assessment of termined by a majority of the council. ‘‘(E) O‘ahu. ‘‘(c) CONDITIONS AND TERMS.— Educational Progress, Hawaiian fourth-grad- ‘‘(F) Kaua‘i. ‘‘(1) CONDITIONS.—At least 10 members of ers ranked 39th among groups of students ‘‘(G) Ni‘ihau. from 39 States in reading. Given that Hawai- the Education Council shall be Native Ha- ‘‘(2) COMPOSITION OF ISLAND COUNCILS.— waiian education service providers and 10 ian students rank among the lowest groups Each island council shall consist of parents, members of the Education Council shall be of students nationally in reading, and that students, and other community members Native Hawaiian students rank the lowest Native Hawaiians or Native Hawaiian edu- who have an interest in the education of Na- among Hawaiian students in reading, it is cation consumers. In addition, a representa- tive Hawaiians, and shall be representative imperative that greater focus be placed on tive of the State of Hawai‘i Office of Hawai- of individuals concerned with the edu- beginning reading and early education and ian Affairs shall serve as a member of the cational needs of all age groups, from chil- literacy in Hawai‘i. Education Council. dren in preschool through adults. At least 3⁄4 ‘‘(18) The findings described in paragraphs ‘‘(2) APPOINTMENTS.—The members of the of the members of each island council shall (16) and (17) are inconsistent with the high Education Council shall be appointed by the be Native Hawaiians. rates of literacy and integration of tradi- Secretary based on recommendations re- ‘‘(g) ADMINISTRATIVE PROVISIONS RELATING tional culture and Western education his- ceived from the Native Hawaiian commu- TO EDUCATION COUNCIL AND ISLAND COUN- torically achieved by Native Hawaiians nity. CILS.—The Education Council and each is- through a Hawaiian language-based public ‘‘(3) TERMS.—Members of the Education land council shall meet at the call of the school system established in 1840 by Kame- Council shall serve for staggered terms of 3 chairperson of the appropriate council, or hameha III. years, except as provided in paragraph (4). upon the request of the majority of the mem- ‘‘(19) Following the overthrow of the King- ‘‘(4) COUNCIL DETERMINATIONS.—Additional bers of the appropriate council, but in any dom of Hawai‘i in 1893, Hawaiian medium conditions and terms relating to membership event not less often than 4 times during each schools were banned. After annexation, on the Education Council, including term calendar year. The provisions of the Federal throughout the territorial and statehood pe- lengths and term renewals, shall be deter- Advisory Committee Act shall not apply to riod of Hawai‘i, and until 1986, use of the Ha- mined by a majority of the Education Coun- the Education Council and each island coun- waiian language as an instructional medium cil. cil. in education in public schools was declared ‘‘(d) NATIVE HAWAIIAN EDUCATION COUNCIL ‘‘(h) COMPENSATION.—Members of the Edu- unlawful. The declaration caused incalcu- GRANT.—The Secretary shall make a direct lable harm to a culture that placed a very grant to the Education Council in order to cation Council and each island council shall high value on the power of language, as ex- enable the Education Council to— not receive any compensation for service on emplified in the traditional saying: ‘I ka ‘‘(1) coordinate the educational and related the Education Council and each island coun- ‘o¯ lelo no¯ ke ola; I ka ‘o¯ lelo no¯ ka make. In services and programs available to Native cil, respectively. the language rests life; In the language rests Hawaiians, including the programs assisted ‘‘(i) REPORT.—Not later than 4 years after death.’. under this part; the date of enactment of the Native Hawai- ‘‘(20) Despite the consequences of over 100 ‘‘(2) assess the extent to which such serv- ian Education Reauthorization Act, the Sec- years of nonindigenous influence, the Native ices and programs meet the needs of Native retary shall prepare and submit to the Com- Hawaiian people are determined to preserve, Hawaiians, and collect data on the status of mittee on Education and the Workforce of develop, and transmit to future generations Native Hawaiian education; the House of Representatives and the Com- their ancestral territory and their cultural ‘‘(3) provide direction and guidance, mittee on Indian Affairs of the Senate a re- identity in accordance with their own spir- through the issuance of reports and rec- port that summarizes the annual reports of itual and traditional beliefs, customs, prac- ommendations, to appropriate Federal, the Education Council, describes the alloca- tices, language, and social institutions. State, and local agencies in order to focus tion and use of funds under this part, and ‘‘(21) The State of Hawai‘i, in the constitu- and improve the use of resources, including contains recommendations for changes in tion and statutes of the State of Hawai‘i— resources made available under this part, re- Federal, State, and local policy to advance ‘‘(A) reaffirms and protects the unique lating to Native Hawaiian education, and the purposes of this part. right of the Native Hawaiian people to prac- serve, where appropriate, in an advisory ca- ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— tice and perpetuate their culture and reli- pacity; and There are authorized to be appropriated to gious customs, beliefs, practices, and lan- ‘‘(4) make direct grants, if such grants en- carry out this section $300,000 for fiscal year guage; and able the Education Council to carry out the 2001 and such sums as may be necessary for ‘‘(B) recognizes the traditional language of duties of the Education Council, as described each of the 4 succeeding fiscal years. Funds the Native Hawaiian people as an official in paragraphs (1) through (3). appropriated under this subsection shall re- language of the State of Hawai‘i, which may ‘‘(e) ADDITIONAL DUTIES OF THE EDUCATION main available until expended. be used as the language of instruction for all COUNCIL.— ‘‘SEC. 9205. PROGRAM AUTHORIZED. subjects and grades in the public school sys- ‘‘(1) IN GENERAL.—The Education Council ‘‘(a) GENERAL AUTHORITY.— tem. shall provide copies of any reports and rec- ‘‘(1) GRANTS AND CONTRACTS.—The Sec- ‘‘SEC. 9203. PURPOSES. ommendations issued by the Education retary is authorized to make direct grants ‘‘The purposes of this part are to— Council, including any information that the to, or enter into contracts with— ‘‘(1) authorize and develop innovative edu- Education Council provides to the Secretary ‘‘(A) Native Hawaiian educational organi- cational programs to assist Native Hawai- pursuant to subsection (i), to the Secretary, zations;

VerDate 12-OCT-99 03:48 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.073 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S13023 ‘‘(B) Native Hawaiian community-based or- ‘‘(iii) the recruitment and preparation of out under the grant or contract, and include ganizations; Native Hawaiians, and other individuals who those comments, if any, with the application ‘‘(C) public and private nonprofit organiza- live in communities with a high concentra- to the Secretary. tions, agencies, and institutions with experi- tion of Native Hawaiians, to become teach- ‘‘SEC. 9207. DEFINITIONS. ence in developing or operating Native Ha- ers; ‘‘In this part: waiian programs or programs of instruction ‘‘(H) the operation of community-based ‘‘(1) NATIVE HAWAIIAN.—The term ‘Native in the Native Hawaiian language; and learning centers that address the needs of Hawaiian’ means any individual who is— ‘‘(D) consortia of the organizations, agen- Native Hawaiian families and communities ‘‘(A) a citizen of the United States; and cies, and institutions described in subpara- through the coordination of public and pri- ‘‘(B) a descendant of the aboriginal people graphs (A) through (C), vate programs and services, including— who, prior to 1778, occupied and exercised to carry out programs that meet the pur- ‘‘(i) preschool programs; sovereignty in the area that now comprises poses of this part. ‘‘(ii) after-school programs; and the State of Hawai‘i, as evidenced by— ‘‘(2) PRIORITIES.—In awarding grants or ‘‘(iii) vocational and adult education pro- ‘‘(i) genealogical records; contracts to carry out activities described in grams; ‘‘(ii) Kupuna (elders) or Kama‘aina (long- paragraph (3), the Secretary shall give pri- ‘‘(I) activities to enable Native Hawaiians term community residents) verification; or ority to entities proposing projects that are to enter and complete programs of postsec- ‘‘(iii) certified birth records. designed to address— ondary education, including— ‘‘(2) NATIVE HAWAIIAN COMMUNITY-BASED OR- ‘‘(A) beginning reading and literacy among ‘‘(i) provision of full or partial scholarships GANIZATION.—The term ‘Native Hawaiian students in kindergarten through third for undergraduate or graduate study that are community-based organization’ means any grade; awarded to students based on their academic organization that is composed primarily of ‘‘(B) the needs of at-risk youth; promise and financial need, with a priority, Native Hawaiians from a specific community ‘‘(C) needs in fields or disciplines in which at the graduate level, given to students en- and that assists in the social, cultural, and Native Hawaiians are underemployed; and tering professions in which Native Hawaiians educational development of Native Hawai- ‘‘(D) the use of the Hawaiian language in are underrepresented; ians in that community. instruction. ‘‘(ii) family literacy services; ‘‘(3) NATIVE HAWAIIAN EDUCATIONAL ORGANI- ‘‘(3) PERMISSIBLE ACTIVITIES.—Activities ‘‘(iii) counseling and support services for ZATION.—The term ‘Native Hawaiian edu- provided through programs carried out under students receiving scholarship assistance; cational organization’ means a private non- this part may include— ‘‘(iv) counseling and guidance for Native profit organization that— ‘‘(A) the development and maintenance of Hawaiian secondary students who have the ‘‘(A) serves the interests of Native Hawai- a statewide Native Hawaiian early education potential to receive scholarships; and ians; and care system to provide a continuum of ‘‘(v) faculty development activities de- ‘‘(B) has Native Hawaiians in substantive services for Native Hawaiian children from signed to promote the matriculation of Na- and policymaking positions within the orga- the prenatal period of the children through tive Hawaiian students; nization; age 5; ‘‘(J) research and data collection activities ‘‘(C) incorporates Native Hawaiian perspec- ‘‘(B) the operation of family-based edu- to determine the educational status and tive, values, language, culture, and tradi- cation centers that provide such services needs of Native Hawaiian children and tions into the core function of the organiza- as— adults; tion; ‘‘(i) programs for Native Hawaiian parents ‘‘(K) other research and evaluation activi- ‘‘(D) has demonstrated expertise in the and their infants from the prenatal period of ties related to programs carried out under education of Native Hawaiian youth; and the infants through age 3; this part; and ‘‘(E) has demonstrated expertise in re- ‘‘(ii) preschool programs for Native Hawai- ‘‘(L) other activities, consistent with the search and program development. ians; and purposes of this part, to meet the edu- ‘‘(4) NATIVE HAWAIIAN LANGUAGE.—The ‘‘(iii) research on, and development and as- cational needs of Native Hawaiian children term ‘Native Hawaiian language’ means the sessment of, family-based, early childhood, and adults. single Native American language indigenous and preschool programs for Native Hawai- ‘‘(4) SPECIAL RULE AND CONDITIONS.— to the original inhabitants of the State of ians; ‘‘(A) INSTITUTIONS OUTSIDE HAWAII.—The Hawai‘i. ‘‘(C) activities that enhance beginning Secretary shall not establish a policy under ‘‘(5) NATIVE HAWAIIAN ORGANIZATION.—The reading and literacy among Native Hawaiian this section that prevents a Native Hawaiian term ‘Native Hawaiian organization’ means students in kindergarten through third student enrolled at a 2- or 4-year degree a private nonprofit organization that— grade; granting institution of higher education out- ‘‘(A) serves the interests of Native Hawai- ‘‘(D) activities to meet the special needs of side of the State of Hawai‘i from receiving a ians; Native Hawaiian students with disabilities, fellowship pursuant to paragraph (3)(I). ‘‘(B) has Native Hawaiians in substantive including— ‘‘(B) FELLOWSHIP CONDITIONS.—The Sec- and policymaking positions within the orga- ‘‘(i) the identification of such students and retary shall establish conditions for receipt nizations; and their needs; of a fellowship awarded under paragraph ‘‘(C) is recognized by the Governor of ‘‘(ii) the provision of support services to (3)(I). The conditions shall require that an Hawai‘i for the purpose of planning, con- the families of those students; and individual seeking such a fellowship enter ducting, or administering programs (or por- ‘‘(iii) other activities consistent with the into a contract to provide professional serv- tions of programs) for the benefit of Native requirements of the Individuals with Disabil- ices, either during the fellowship period or Hawaiians. ities Education Act; upon completion of a program of postsec- ‘‘(6) OFFICE OF HAWAIIAN AFFAIRS.—The ‘‘(E) activities that address the special ondary education, to the Native Hawaiian term ‘Office of Hawaiian Affairs’ means the needs of Native Hawaiian students who are community. office of Hawaiian Affairs established by the gifted and talented, including— ‘‘(b) ADMINISTRATIVE COSTS.—Not more Constitution of the State of Hawai‘i.’’. ‘‘(i) educational, psychological, and devel- than 5 percent of funds provided to a grant SEC. 3. CONFORMING AMENDMENTS. opmental activities designed to assist in the recipient under this section for any fiscal (a) HIGHER EDUCATION ACT OF 1965.—Sec- educational progress of those students; and year may be used for administrative pur- tion 317(b)(3) of the Higher Education Act of ‘‘(ii) activities that involve the parents of poses. 1965 (20 U.S.C. 1059d(b)(3)) is amended by those students in a manner designed to as- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— striking ‘‘section 9212’’ and inserting ‘‘sec- sist in the students’ educational progress; There are authorized to be appropriated to tion 9207’’. ‘‘(F) the development of academic and vo- carry out this section $20,000,000 for fiscal (b) PUBLIC LAW 88–210.—Section 116 of Pub- cational curricula to address the needs of year 2001 and such sums as may be necessary lic Law 88–210 (as added by section 1 of Pub- Native Hawaiian children and adults, includ- for each of the 4 succeeding fiscal years. lic Law 105–332 (112 Stat. 3076)) is amended by ing curriculum materials in the Hawaiian ‘‘SEC. 9206. ADMINISTRATIVE PROVISIONS. striking ‘‘section 9212 of the Native Hawaiian language and mathematics and science cur- ‘‘(a) APPLICATION REQUIRED.—No grant may Education Act (20 U.S.C. 7912)’’ and inserting ricula that incorporate Native Hawaiian tra- be made under this part, and no contract ‘‘section 9207 of the Native Hawaiian Edu- dition and culture; may be entered into under this part, unless cation Act’’. ‘‘(G) professional development activities the entity seeking the grant or contract sub- (c) MUSEUM AND LIBRARY SERVICES ACT.— for educators, including— mits an application to the Secretary at such Section 261 of the Museum and Library Serv- ‘‘(i) the development of programs to pre- time, in such manner, and containing such ices Act (20 U.S.C. 9161) is amended by strik- pare prospective teachers to address the information as the Secretary may determine ing ‘‘section 9212 of the Native Hawaiian unique needs of Native Hawaiian students to be necessary to carry out the provisions of Education Act (20 U.S.C. 7912)’’ and inserting within the context of Native Hawaiian cul- this part. ‘‘section 9207 of the Native Hawaiian Edu- ture, language, and traditions; ‘‘(b) SPECIAL RULE.—Each applicant for a cation Act’’. ‘‘(ii) in-service programs to improve the grant or contract under this part shall sub- (d) NATIVE AMERICAN LANGUAGES ACT.— ability of teachers who teach in schools with mit the application for comment to the local Section 103(3) of the Native American Lan- concentrations of Native Hawaiian students educational agency serving students who guages Act (25 U.S.C. 2902(3)) is amended by to meet those students’ unique needs; and will participate in the program to be carried striking ‘‘section 9212(1) of the Elementary

VerDate 12-OCT-99 03:48 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.073 pfrm01 PsN: S21PT1 S13024 CONGRESSIONAL RECORD — SENATE October 21, 1999 and Secondary Education Act of 1965 (20 density testing) to prevent fractures (Mr. JEFFORDS) was added as a cospon- U.S.C. 7912(1))’’ and inserting ‘‘section 9207 of associated with osteoporosis. sor of S. 1488, a bill to amend the Pub- the Elementary and Secondary Education S. 1133 lic Health Service Act to provide for Act of 1965’’. At the request of Mr. GRAMS, the recommendations of the Secretary of (e) WORKFORCE INVESTMENT ACT OF 1998.— Health and Human Services regarding Section 166(b)(3) of the Workforce Invest- names of the Senator from Mississippi ment Act of 1998 (29 U.S.C. 2911(b)(3)) is (Mr. COCHRAN) and the Senator from the placement of automatic external amended by striking ‘‘paragraphs (1) and (3), Montana (Mr. BURNS) were added as co- defibrillators in Federal buildings in respectively, of section 9212 of the Native Ha- sponsors of S. 1133, a bill to amend the order to improve survival rates of indi- waiian Education Act (20 U.S.C. 7912)’’ and Poultry Products Inspection Act to viduals who experience cardiac arrest inserting ‘‘section 9207 of the Native Hawai- cover birds of the order Ratitae that in such buildings, and to establish pro- ian Education Act’’. are raised for use as human food. tections from civil liability arising (f) ASSETS FOR INDEPENDENCE ACT.—Sec- from the emergency use of the devices. tion 404(11) of the Assets for Independence S. 1158 S. 1495 Act (42 U.S.C. 604 note) is amended by strik- At the request of Mr. HUTCHINSON, ing ‘‘section 9212 of the Native Hawaiian the names of the Senator from Wyo- At the request of Mrs. MURRAY, her Education Act (20 U.S.C. 7912)’’ and inserting ming (Mr. ENZI), the Senator from Mis- name was added as a cosponsor of S. ‘‘section 9207 of the Native Hawaiian Edu- sissippi (Mr. LOTT), the Senator from 1495, a bill to establish, wherever fea- cation Act’’. Idaho (Mr. CRAIG), the Senator from sible, guidelines, recommendations, f Texas (Mrs. HUTCHISON), the Senator and regulations that promote the regu- from Kentucky (Mr. BUNNING), the Sen- latory acceptance of new and revised ADDITIONAL COSPONSORS ator from Idaho (Mr. CRAPO), the Sen- toxicological tests that protect human S. 172 ator from Alabama (Mr. SESSIONS), the and animal health and the environ- ment while reducing, refining, or re- At the request of Mr. MOYNIHAN, the Senator from Missouri (Mr. BOND), the placing animal tests and ensuring name of the Senator from Oregon (Mr. Senator from Nebraska (Mr. HAGEL), human safety and product effective- WYDEN) was added as a cosponsor of S. the Senator from Kentucky (Mr. ness. 172, a bill to reduce acid deposition MCCONNELL), and the Senator from S. 1526 under the Clean Air Act, and for other North Carolina (Mr. HELMS) were added purposes. as cosponsors of S. 1158, a bill to allow At the request of Mr. ROCKEFELLER, the name of the Senator from South S. 185 the recovery of attorney’s fees and Dakota (Mr. JOHNSON) was added as a At the request of Mr. ASHCROFT, the costs by certain employers and labor organizations who are prevailing par- cosponsor of S. 1526, a bill to amend the name of the Senator from Wyoming Internal Revenue Code of 1986 to pro- (Mr. ENZI) was added as a cosponsor of ties in proceedings brought against them by the National Labor Relations vide a tax credit to taxpayers investing S. 185, a bill to establish a Chief Agri- in entities seeking to provide capital cultural Negotiator in the Office of the Board or by the Occupational Safety and Health Administration. to create new markets in low-income United States Trade Representative. communities. S. 1187 S. 666 S. 1558 At the request of Mr. DORGAN, the At the request of Mr. LUGAR, the At the request of Mr. BAUCUS, the name of the Senator from Mississippi name of the Senator from Ohio (Mr. name of the Senator from Georgia (Mr. (Mr. COCHRAN) was added as a cospon- VOINOVICH) was added as a cosponsor of CLELAND) was added as a cosponsor of sor of S. 1187, a bill to require the Sec- S. 666, a bill to authorize a new trade S. 1558, a bill to amend the Internal retary of the Treasury to mint coins in and investment policy for sub-Saharan Revenue Code of 1986 to provide a tax commemoration of the bicentennial of Africa. credit for holders of Community Open the Lewis and Clark Expedition, and Space bonds the proceeds of which are S. 729 for other purposes. At the request of Mr. CRAIG, the used for qualified environmental infra- S. 1263 name of the Senator from Wyoming structure projects, and for other At the request of Mr. JEFFORDS, the purposes. (Mr. THOMAS) was added as a cosponsor name of the Senator from Minnesota of S. 729, a bill to ensure that Congress S. 1580 (Mr. GRAMS) was added as a cosponsor and the public have the right to par- At the request of Mr. ROBERTS, the of S. 1263, a bill to amend the Balanced name of the Senator from Utah (Mr. ticipate in the declaration of national Budget Act of 1997 to limit the reduc- monuments on federal land. HATCH) was added as a cosponsor of S. tions in medicare payments under the 1580, a bill to amend the Federal Crop S. 931 prospective payment system for hos- Insurance Act to assist agricultural At the request of Mr. MCCONNELL, pital outpatient department services. producers in managing risk, and for the name of the Senator from New S. 1464 other purposes. Mexico (Mr. BINGAMAN) was added as a At the request of Mr. HAGEL, the cosponsor of S. 931, a bill to provide for S. 1592 names of the Senator from Wyoming At the request of Mr. DURBIN, the the protection of the flag of the United (Mr. THOMAS) and the Senator from name of the Senator from Maryland States, and for other purposes. Georgia (Mr. CLELAND) were added as (Mr. SARBANES) was added as a cospon- S. 1085 cosponsors of S. 1464, a bill to amend sor of S. 1592, a bill to amend the Nica- At the request of Mrs. MURRAY, the the Federal Food, Drug, and Cosmetic raguan Adjustment and Central Amer- name of the Senator from South Da- Act to establish certain requirements ican Relief Act to provide to certain kota (Mr. DASCHLE) was added as a co- regarding the Food Quality Protection nationals of El Salvador, Guatemala, sponsor of S. 1085, a bill to amend the Act of 1996, and for other purposes. Honduras, and Haiti an opportunity to Internal Revenue Code of 1986 to mod- S. 1485 apply for adjustment of status under ify the treatment of bonds issued to ac- At the request of Mr. NICKLES, the that Act, and for other purposes. quire renewable resources on land sub- names of the Senator from Minnesota S. 1619 ject to conservation easement. (Mr. GRAMS) and the Senator from At the request of Mr. DEWINE, the S. 1106 South Dakota (Mr. JOHNSON) were names of the Senator from Colorado At the request of Mr. TORRICELLI, the added as cosponsors of S. 1485, a bill to (Mr. CAMPBELL) and the Senator from name of the Senator from Nevada (Mr. amend the Immigration and Nation- Mississippi (Mr. COCHRAN) were added REID) was added as a cosponsor of S. ality Act to confer United States citi- as cosponsors of S. 1619, a bill to amend 1106, a bill to amend the Public Health zenship automatically and retro- the Trade Act of 1974 to provide for Service Act and Employee Retirement actively on certain foreign-born chil- periodic revision of retaliation lists or Income Security Act of 1974 to require dren adopted by citizens of the United other remedial action implemented that group and individual health insur- States. under section 306 of such Act. ance coverage and group health plans S. 1488 S. 1638 provide coverage for qualified individ- At the request of Mr. GORTON, the At the request of Mr. ROBB, his name uals for bone mass measurement (bone name of the Senator from Vermont was added as a cosponsor of S. 1638, a

VerDate 12-OCT-99 03:48 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.073 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S13025 bill to amend the Omnibus Crime Con- (1) middle income families are particularly of a package containing human fetal tissue trol and Safe Streets Act of 1968 to ex- hard hit financially when their children are described in paragraph (1) shall— tend the retroactive eligibility dates born with special needs; ‘‘(A) notify the shipping entity that the (2) in many cases, parents are forced to for financial assistance for higher edu- package to be shipped contains human fetal stop working in order to attempt to qualify tissue; cation for spouses and dependent chil- for medicaid coverage for these children; ‘‘(B) prominently label the outer pack- dren of Federal, State, and local law (3) the current system of government sup- aging so as to indicate that the package con- enforcement officers who are killed in port for these children and families is woe- tains human fetal tissue; the line of duty. fully inadequate; ‘‘(C) ensure that the shipment is done in a (4) as a result, working families are forced manner that is acceptable for the transfer of S. 1701 to choose between terminating a pregnancy At the request of Mr. ROBB, his name biomedical material; and or financial ruin; and ‘‘(D) ensure that a tracking number is pro- was added as a cosponsor of S. 1701, a (5) government efforts to find an appro- vided for the package and disclosed as re- priate and constitutional balance regarding bill to reform civil asset forfeiture, and quired under paragraph (2). the termination of a pregnancy may further for other purposes. ‘‘(4) DEFINITION.—In this subsection, the exacerbate the difficulty of these families. S. 1709 term ‘filing entity’ means the entity that is (b) SENSE OF CONGRESS.—It is the sense of At the request of Mr. KYL, the name the Congress that the Federal Government filing the disclosure statement required of the Senator from Arkansas (Mr. should fully cover all expenses related to the under this subsection. HUTCHINSON) was added as a cosponsor educational, medical and respite care re- ‘‘(5) Nothing in this subsection shall per- of S. 1709, a bill to provide Federal re- quirements of families with special needs mit the disclosure of— children. ‘‘(A) the identity of any physician, health imbursement for indirect costs relating care professional, or individual involved in to the incarceration of illegal aliens the provision of abortion services; and for emergency health services fur- SMITH AMENDMENT NO. 2324 ‘‘(B) the identity of any woman who ob- nished to undocumented aliens. Mr. SMITH of New Hampshire pro- tained an abortion; and S. 1750 posed an amendment to the bill, S. ‘‘(C) any information that could reason- At the request of Mr. DEWINE, the 1692, supra; as follows: ably be used to determine the identity of in- name of the Senator from Ohio (Mr. At the end of the Landrieu amendment, dividuals or entities mentioned in para- add the following: graphs (A) and (B). VOINOVICH) was added as a cosponsor of ‘‘(6) Violation of this section shall be pun- SEC. ll. TRANSFERENCE OF HUMAN FETAL TIS- S. 1750, a bill to reduce the incidence of ishable by the fines of not more than $5,000 child abuse and neglect, and for other SUE. Section 498N of the Public Health Service per incident. purposes. Act (42 U.S.C. 289g-2) is amended— ‘‘(d) LIMITATION ON SITE FEES.—A facility AMENDMENT NO. 487 (1) by redesignating subsections (c) and (d), at which induced abortions are performed At the request of Mr. ROBB his name as subsections (e) and (f), respectively; and may not require the payment of any site fee was added as a cosponsor of amend- (2) by inserting after subsection (b), the by any entity to which human fetal tissue following: that is derived from such abortions is trans- ment No. 487 proposed to S. 1059, an ferred unless the amount of such site fee is original bill to authorize appropria- ‘‘(c) DISCLOSURE ON TRANSPLANTATION OF FETAL TISSUE.— reasonable in terms of reimbursement for tions for fiscal year 2000 for military ‘‘(1) REQUIREMENT.—With respect to human the actual real estate or facilities used by activities of the Department of De- fetal tissue that is obtained pursuant to an such entity.’’. fense, for military construction, and induced abortion, any entity that is to re- f for defense activities of the Depart- ceive such fetal tissue for any purpose shall ment of Energy, to prescribe personnel file with the Secretary a disclosure state- NOTICE OF HEARING strengths for such fiscal year for the ment that meets the requirements of para- SUBCOMMITTEE ON FORESTS AND PUBLIC LAND Armed Forces, and for other purposes. graph (2). MANAGEMENT ‘‘(2) CONTENTS.—A disclosure statement Mr. CRAIG. Mr. President, I would AMENDMENT NO. 1583 meets the requirements of this paragraph if At the request of Mr. ROBB the name the statement contains— like to announce for the public that a of the Senator from Rhode Island (Mr. ‘‘(A) a list (including the names, addresses, hearing has been scheduled before the CHAFEE) was added as a cosponsor of and telephone numbers) of each entity that Subcommittee on Forests and Public amendment No. 1583 proposed to H.R. has obtained possession of the human fetal Land Management of the Senate Com- 2466, a bill making appropriations for tissue involved prior to its possession by the mittee on Energy and Natural Re- the Department of the Interior and re- filing entity, including any entity used sole- sources. lated agencies for the fiscal year end- ly to transport the fetal tissue and the The hearing will take place Tuesday, tracking number used to identify the pack- November 2, 1999 at 9:30 a.m. in room ing September 30, 2000, and for other aging of such tissue; purposes. ‘‘(B) a description of the use that is to be SD–366 of the Dirksen Senate Office AMENDMENT NO. 2321 made of the fetal tissue involved by the fil- Building in Washington, D.C. At the request of Mr. HARKIN the ing entity and the end user (if known); The purpose of this hearing is over- name of the Senator from Virginia (Mr. ‘‘(C) a description of the medical procedure sight to receive testimony on the re- ROBB) was added as a cosponsor of that was used to terminate the fetus from cent announcement by President Clin- amendment No. 2321 proposed to S. which the fetal tissue involved was derived, ton to review approximately 40 million and the gestational age of the fetus at the 1692, a bill to amend title 18, United acres of national forest lands for in- time of death; creased protection. States Code, to ban partial birth ‘‘(D) a description of the medical procedure abortions. that was used to obtain the fetal tissue in- Those who wish to submit written f volved; statements should write to the Com- ‘‘(E) a description of the type of fetal tis- mittee on Energy and Natural Re- AMENDMENTS SUBMITTED sue involved; sources, U.S. Senate, Washington, D.C. ‘‘(F) a description of the quantity of fetal 20510. For further information, please tissue involved; call Mark Rey at (202) 224–6170. A BILL TO BAN PARTIAL BIRTH ‘‘(G) a description of the amount of money, f ABORTIONS or any other object of value, that is trans- ferred as a result of the transference of the AUTHORITY FOR COMMITTEES TO fetal tissue involved, including any fees re- MEET LANDRIEU AMENDMENT NO. 2323 ceived to transport such fetal tissue to the Ms. LANDRIEU proposed an amend- end user; COMMITTEE ON ARMED SERVICES ment to the bill (S. 1692) to amend title ‘‘(H) a description of any site fee that was Mr. SANTORUM. Mr. President, I paid by the filing entity to the facility at ask unanimous consent that the Com- 18, United States Code, to ban partial which the induced abortion with respect to birth abortions; as follows: mittee on Armed Services be author- the fetal tissue involved was performed, in- ized to meet at 9:30 a.m. on Thursday, At the appropriate place, insert the fol- cluding the amount of such fee; and lowing: ‘‘(I) any other information determined ap- October 21, 1999, in open session, to re- SEC. . SENSE OF THE CONGRESS CONCERNING propriate by the Secretary. ceive testimony on the lessons learned SPECIAL NEEDS CHILDREN. ‘‘(3) DISCLOSURE TO SHIPPERS.—Any entity from the military operations con- (a) FINDINGS.—Congress finds that— that enters into a contract for the shipment ducted as part of Operation Allied

VerDate 12-OCT-99 03:48 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.075 pfrm01 PsN: S21PT1 S13026 CONGRESSIONAL RECORD — SENATE October 21, 1999 Force, and associated relief operations, consent to conduct a markup on Thurs- Sec. 2. Temporary transfer of incarcerated with respect to Kosovo. day, October 21, 1999 beginning at 10:00 witnesses. The PRESIDING OFFICER. Without a.m. in Dirksen Room 226. TITLE III—ANTI-ATROCITY ALIEN objection, it is so ordered. The PRESIDING OFFICER. Without DEPORTATION COMMITTEE ON FINANCE objection, it is so ordered. Sec. 1. Inadmissability and removability of Mr. SANTORUM. Mr. President, I SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC aliens who have committed acts ask unanimous consent that the Com- PRESERVATION AND RECREATION of torture abroad. mittee on Finance be permitted to Mr. SANTORUM. Mr. President, I Sec. 2. Establishment of the office of special investigations. meet on Thursday, October 21, 1999 at ask unanimous consent that the Sub- 10:00 a.m. in Executive Session to mark committee on National Parks, Historic TITLE I—DENYING SAFE HAVENS TO INTERNATIONAL CRIMINALS up the Balanced Budget Adjustment Preservation and Recreation of the Act of 1999. Committee on Energy and Natural Re- SEC. 1. EXTRADITION FOR OFFENSES NOT COV- sources be granted permission to meet ERED BY A LIST TREATY. The PRESIDING OFFICER. Without Chapter 209 of title 18, United States Code, objection, it is so ordered. during the session of the Senate on is amended by adding at the end the fol- COMMITTEE ON FOREIGN RELATIONS Thursday, October 21, for purposes of lowing: Mr. SANTORUM. Mr. President, I conducting a subcommittee hearing ‘‘§ 3197. Extradition for offenses not covered ask unanimous consent that the Com- which is scheduled to begin at 2:00 p.m. by a list treaty mittee on Foreign Relations be author- The purpose of this hearing is to re- ‘‘(a) SERIOUS OFFENSES DEFINED.—In this ized to meet during the session of the ceive testimony on S. 1365, a bill to section, the term ‘serious offense’ means Senate on Thursday, October 21, 1999 at amend the National Historic Preserva- conduct that would be— 10:30 a.m. to hold a hearing. tion Act of 1966 to extend the author- ‘‘(1) an offense described in any multilat- The PRESIDING OFFICER. Without ization for the Historic Preservation eral treaty to which the United States is a objection, it is so ordered. Fund and the Advisory Council on His- party that obligates parties— ‘‘(A) to extradite alleged offenders found in COMMITTEE ON GOVERNMENT AFFAIRS toric Preservation, and for other pur- the territory of the parties; or Mr. SANTORUM. Mr. President, I poses; S. 1434, a bill to amend the Na- ‘‘(B) submit the case to the competent au- ask unanimous consent that the Gov- tional Historic Preservation Act to re- thorities of the parties for prosecution; or ernmental Affairs Committee be per- authorize that Act, and for other pur- ‘‘(2) conduct that, if that conduct occurred mitted to meet on Thursday, October 1, poses; H.R. 834, an Act to extend the in the United States, would constitute— at 10:00 a.m. for a hearing regarding authorization for the National Historic ‘‘(A) a crime of violence (as defined in sec- the nominations of John Walsh and Preservation Fund, and for other pur- tion 16); LeGree Daniels to be Governors of the poses. ‘‘(B) the distribution, manufacture, impor- United States Postal Service. The PRESIDING OFFICER. Without tation, or exportation of a controlled sub- objection, it is so ordered. stance (as defined in section 201 of the Con- The PRESIDING OFFICER. Without trolled Substances Act (21 U.S.C. 802)); objection, it is so ordered. SUBCOMMITTEE ON SCIENCE, TECHNOLOGY, AND ‘‘(C) bribery of a public official or mis- COMMITTEE ON HEALTH, EDUCATION, LABOR, SPACE appropriation, embezzlement, or theft of AND PENSIONS Mr. SANTORUM. Mr. President, I public funds by or for the benefit of a public Mr. SANTORUM. MR. President, I ask unanimous consent that the official; ask unanimous consent that the Com- Science, Technology and Space Sub- ‘‘(D) obstruction of justice, including pay- mittee on Health, Education, Labor, committee of the Senate Committee on ment of bribes to jurors or witnesses; and Pensions be authorized to meet for Commerce, Science, and Transpor- ‘‘(E) the laundering of monetary instru- a hearing on ‘‘FDA Modernization Act: tation be authorized to meet on Thurs- ments, as described in section 1956, if the value of the monetary instruments involved Implementation of the law’’ during the day, October 21, 1999, at 2:30 p.m. on the exceeds $100,000; session of the Senate on Thursday, Oc- National Technical Information Serv- ‘‘(F) fraud, theft, embezzlement, or com- tober 21, 1999, at 10:00 a.m. ice. mercial bribery if the aggregate value of The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without property that is the object of all of the of- objection, it is so ordered. objection, it is so ordered. fenses related to the conduct exceeds SPECIAL COMMITTEE ON THE YEAR 2000 f $100,000; TECHNOLOGY PROBLEM ‘‘(G) counterfeiting, if the obligations, se- DENYING SAFE HAVENS TO INTER- Mr. SANTORUM. Mr. President, I curities, or other items counterfeited have NATIONAL AND WAR CRIMINALS an apparent value that exceeds $100,000; ask unanimous consent that the Spe- ACT OF 1999 ‘‘(H) a conspiracy or attempt to commit cial Committee on the Year 2000 Tech- any of the offenses described in any of sub- On October 20, 1999, Mr. HATCH, for nology Problem be permitted to meet paragraphs (A) through (G), or aiding and on October 21, 1999 at 9:30 a.m. for the himself and Mr. LEAHY, introduced S. abetting a person who commits any such of- purpose of conducting a hearing. 1754. The text of the bill follows: fense; or The PRESIDING OFFICER. Without S. 1754 ‘‘(I) a crime against children under chapter objection, it is so ordered. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 109A or section 2251, 2251A, 2252, or 2252A. UTHORIZATION OF ILING SUBCOMMITTEE ON IMMIGRATION (a) IN GENERAL.—This Act may be cited as ‘‘(b) A F .— Mr. SANTORUM. Mr. President, The the ‘‘Denying Safe Havens to International ‘‘(1) IN GENERAL.—If a foreign government and War Criminals Act of 1999’’. makes a request for the extradition of a per- Committee on the Judiciary Sub- (b) TABLE OF CONTENTS.—The table of con- son who is charged with or has been con- committee on Immigration requests tents of this Act is as follows: victed of an offense within the jurisdiction of unanimous consent to conduct a hear- Sec. 1. Short title; table of contents that foreign government, and an extradition ing on Thursday, October 21, 1999 begin- TITLE I—DENYING SAFE HAVENS TO treaty between the United States and the ning at 2:00 p.m. in Dirksen Room 226. INTERNATIONAL AND WAR CRIMINALS foreign government is in force but the treaty The PRESIDING OFFICER. Without Sec. 1. Extradition for the offenses not cov- does not provide for extradition for the of- objection, it is so ordered. ered by a list treaty. fense with which the person has been charged or for which the person has been SUBCOMMITTEE ON INTERNATIONAL TRADE Sec. 2. Technical and conforming amend- ments. convicted, the Attorney General may au- Mr. SANTORUM. Mr. President, I Sec. 3. Temporary transfer of persons in cus- thorize the filing of a complaint for extra- ask unanimous consent that the Com- tody for prosecution. dition pursuant to subsections (c) and (d). mittee on Finance, Subcommittee on Sec. 4. Prohibiting fugitives from benefiting ‘‘(2) FILING OF COMPLAINTS.— International Trade be permitted to from fugitive status. ‘‘(A) IN GENERAL.—A complaint authorized meet on Thursday, October 21, 1999 at Sec. 5. Transfer of foreign prisoners to serve under paragraph (1) shall be filed pursuant to 2:00 p.m. to hear testimony on the WTO sentences in country of origin. section 3184. Sec. 6. Transit of fugitives for prosecution in ‘‘(B) PROCEDURES.—With respect to a com- Ministerial Meeting. foreign countries. The PRESIDING OFFICER. Without plaint filed under paragraph (1), the proce- TITLE II—PROMOTING GLOBAL CO- dures contained in sections 3184 and 3186 and objection, it is so ordered. OPERATION IN THE FLIGHT AGAINST the terms of the relevant extradition treaty COMMITTEE ON THE JUDICIARY INTERNATIONAL CRIME shall apply as if the offense were a crime pro- Mr. SANTORUM. Mr. President, The Sec. 1. Streamlined procedures for execution vided for by the treaty, in a manner con- Committee on the Judiciary requests of MLAT requests. sistent with section 3184.

VerDate 12-OCT-99 03:48 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.076 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S13027

‘‘(c) CRITERIA FOR AUTHORIZATION OF COM- (b) CLERICAL AMENDMENT.—The analysis paragraph (1) only if the Attorney General PLAINTS.— for chapter 209 of title 18, United States determines, after consultation with the Sec- ‘‘(1) IN GENERAL.—The Attorney General Code, is amended by adding at the end the retary of State, that the return of the person may authorize the filing of a complaint following: sought for extradition to the foreign country under subsection (b) only upon a ‘‘3197. Extradition for offenses not covered by of the foreign government requesting the ex- certification— a list treaty.’’. tradition would be consistent with United ‘‘(A) by the Attorney General, that in the SEC. 3. TEMPORARY TRANSFER OF PERSONS IN States international obligations. judgment of the Attorney General— CUSTODY FOR PROSECUTION. ‘‘(4) EFFECT OF TEMPORARY TRANSFER.— ‘‘(i) the offense for which extradition is With regard to any person in pretrial (a) IN GENERAL.—Chapter 306 of title 18, sought is a serious offense; and United States Code, is amended by adding at detention— ‘‘(A) a temporary transfer under this sub- ‘‘(ii) submission of the extradition request the end the following: would be important to the law enforcement section shall result in an interruption in the interests of the United States or otherwise ‘‘§ 4116. Temporary transfer for prosecution pretrial detention status of that person; and in the interests of justice; and ‘‘(a) STATE DEFINED.—In this section, the ‘‘(B) the right to challenge the conditions ‘‘(B) by the Secretary of State, that in the term ‘State’ includes a State of the United of confinement pursuant to section 3142(f) judgment of the Secretary of State, submis- States, the District of Columbia, and a com- does not extend to the right to challenge the sion of the request would be consistent with monwealth, territory, or possession of the conditions of confinement in a foreign coun- the foreign policy interests of the United United States. try while in that foreign country tempo- States. ‘‘(b) AUTHORITY OF ATTORNEY GENERAL rarily under this subsection. ‘‘(2) FACTORS FOR CONSIDERATION.—In mak- WITH RESPECT TO TEMPORARY TRANSFERS.— ‘‘(d) CONSENT BY PARTIES TO WAIVE PRIOR ing any certification under paragraph (1)(B), ‘‘(1) IN GENERAL.—Subject to subsection FINDING OF WHETHER A PERSON IS EXTRA- the Secretary of State may consider whether (d), if a person is in pretrial detention or is DITABLE.—The Attorney General may exer- the facts and circumstances of the request otherwise being held in custody in a foreign cise the authority described in subsections then known appear likely to present any sig- country based upon a violation of the law in (b) and (c) absent a prior finding that the nificant impediment to the ultimate sur- that foreign country, and that person is person in custody is extraditable, if the per- render of the person who is the subject of the found extraditable to the United States by son, any appropriate State authorities in a request for extradition, if that person is the competent authorities of that foreign case under subsection (c), and the requesting found to be extraditable. country while still in the pretrial detention foreign government give their consent to ‘‘(d) CASES OF URGENCY.— or custody, the Attorney General shall have waive that requirement. ‘‘(1) IN GENERAL.—In any case of urgency, the authority— ‘‘(e) RETURN OF PERSONS.— the Attorney General may, with the concur- ‘‘(A) to request the temporary transfer of ‘‘(1) IN GENERAL.—If the temporary transfer rence of the Secretary of State and before that person to the United States in order to to or from the United States of a person in any formal certification under subsection face prosecution in a Federal or State crimi- custody for the purpose of prosecution is pro- (c), authorize the filing of a complaint seek- nal proceeding; vided for by this section, that person shall be ing the provisional arrest and detention of ‘‘(B) to maintain the custody of that per- returned to the United States or to the for- the person sought for extradition before the son while the person is in the United States; eign country from which the person is trans- receipt of documents or other proof in sup- and ferred on completion of the proceedings upon port of the request for extradition. ‘‘(C) to return that person to the foreign which the transfer was based. ‘‘(2) STATUTORY INTERPRETATION WITH RE- ‘‘(2) APPLICABILITY OF RELEVANT TREATY.— country at the conclusion of the criminal With respect to a case described in paragraph prosecution, including any imposition of sen- SPECT TO IMMIGRATION LAWS.—In no event (1), a provision regarding provisional arrest tence. shall the return of a person under paragraph in the relevant treaty shall apply. ‘‘(2) REQUIREMENTS FOR REQUESTS BY AT- (1) require extradition proceedings or pro- ‘‘(3) FILING AND EFFECT OF FILING OF COM- TORNEY GENERAL.—The Attorney General ceedings under the immigration laws. ‘‘(3) CERTAIN RIGHTS AND REMEDIES PLAINTS.— shall make a request under paragraph (1) BARRED.—Notwithstanding any other provi- ‘‘(A) IN GENERAL.—A complaint authorized only if the Attorney General determines, this subsection shall be filed in the same after consultation with the Secretary of sion of law, a person temporarily transferred manner as provided in section 3184. State, that the return of that person to the to the United States pursuant to this section ‘‘(B) ISSUANCE OF ORDERS.—Uupon the fil- foreign country in question would be con- shall not be entitled to apply for or obtain ing of a complaint under this subsection, the sistent with international obligations of the any right or remedy under the Immigration appropriate judicial officer may issue an United States. and Nationality Act (8 U.S.C. 1101 et seq.), order for the provisional arrest and deten- ‘‘(c) AUTHORITY OF ATTORNEY GENERAL including the right to apply for or be granted tion of the person as provided in section 3184. WITH RESPECT TO PRETRIAL DETENTIONS.— asylum or withholding of deportation.’’. (b) CLERICAL AMENDMENT.—The analysis ‘‘(e) CONDITIONS OF SURRENDER; ASSUR- ‘‘(1) IN GENERAL.— for chapter 306 of title 28, United States ANCES.— ‘‘(A) AUTHORITY OF ATTORNEY GENERAL.— Code, is amended by adding at the end the ‘‘(1) IN GENERAL.—Before issuing a warrant Subject to paragraph (2) and subsection (d), of surrender under section 3184 or 3186, the the Attorney General shall have the author- following: Secretary of State may— ity to carry out the actions described in sub- ‘‘4116. Temporary transfer for prosecution.’’. ‘‘(A) impose conditions upon the surrender paragraph (B), if— SEC. 4. PROHIBITING FUGITIVES FROM BENE- of the person that is the subject of the war- ‘‘(i) a person is in pretrial detention or is FITING FROM FUGITIVE STATUS. rant; and otherwise being held in custody in the (a) IN GENERAL.—Chapter 163 of title 28, ‘‘(B) require those assurances of compli- United States based upon a violation of Fed- United States Code, is amended by adding at ance with those conditions as are determined eral or State law, and that person is found the end the following: by the Secretary to be appropriate. extraditable to a foreign country while still ‘‘§ 2466. Fugitive disentitlement ‘‘(2) ADDITIONAL ASSURANCES.— in the pretrial detention or custody pursuant ‘‘A person may not use the resources of the ‘‘(A) IN GENERAL.—In addition to imposing to section 3184, 3197, or 3198; and courts of the United States in furtherance of conditions and requiring assurances under ‘‘(ii) a determination is made by the Sec- a claim in any related civil forfeiture action paragraph (1), the Secretary of State shall retary of State and the Attorney General or a claim in third party proceedings in any demand, as a condition of the extradition of that the person will be surrendered. related criminal forfeiture action if that the person in every case, an assurance de- ‘‘(B) ACTIONS.—If the conditions described person— scribed in subparagraph (B) that the Sec- in subparagraph (A) are met, the Attorney ‘‘(1) purposely leaves the jurisdiction of the retary determines to be satisfactory. General shall have the authority to— United States; ‘‘(B) DESCRIPTION OF ASSURANCES.—An as- ‘‘(i) temporarily transfer the person de- ‘‘(2) declines to enter or reenter the United surance described in this subparagraph is an scribed in subparagraph (A) to the foreign States to submit to its jurisdiction; or assurance that the person that is sought for country of the foreign government request- ‘‘(3) otherwise evades the jurisdiction of extradition shall not be tried or punished for ing the extradition of that person in order to the court in which a criminal case is pending an offense other than that for which the per- face prosecution; against the person.’’. son has been extradited, absent the consent ‘‘(ii) transport that person from the United (b) CLERICAL AMENDMENT.—The analysis of the United States.’’. States in custody; and for chapter 163 of title 28, United States SEC. 2. TECHNICAL AND CONFORMING AMEND- ‘‘(iii) return that person in custody to the Code, is amended by adding at the end the MENTS. United States from the foreign country. following: (a) IN GENERAL.—Chapter 209 of title 18, ‘‘(2) CONSENT BY STATE AUTHORITIES.—If the ‘‘2466. Fugitive disentitlement.’’. United States Code, is amended— person is being held in custody for a viola- SEC. 5. TRANSFER OF FOREIGN PRISONERS TO (1) in section 3181, by inserting ‘‘, other tion of State law, the Attorney General may SERVE SENTENCES IN COUNTRY OF than section 3197,’’ after ‘‘The provisions of exercise the authority described in para- ORIGIN. this chapter’’ each place that term appears; graph (1) if the appropriate State authorities Section 4100(b) of title 18, United States and give their consent to the Attorney General. Code, is amended in the third sentence by (2) in section 3186, by striking ‘‘or 3185’’ ‘‘(3) CRITERION FOR REQUEST.—The Attor- striking ‘‘An offender’’ and inserting ‘‘Unless and inserting ‘‘, 3185 or 3197’’. ney General shall make a request under otherwise provided by treaty, an offender.’’

VerDate 12-OCT-99 04:45 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.002 pfrm01 PsN: S21PT1 S13028 CONGRESSIONAL RECORD — SENATE October 21, 1999 SEC. 6. TRANSIT OF FUGITIVES FOR PROSECU- ‘‘(1) issue orders for the taking of testi- United States, or to the foreign country TION IN FOREIGN COUNTRIES. mony or statements and the production of from which the person is transferred. (a) IN GENERAL.—Chapter 305 of title 18, evidence or information, which orders may ‘‘(2) LIMITATION.—In no event shall the re- United States Code, is amended by adding at be served at any place within the United turn of a person under this subsection re- the end the following: States; quire any request for extradition or extra- ‘‘§ 4087. Transit through the United States of ‘‘(2) administer any necessary oath; and dition proceedings, or require that person to persons wanted in a foreign country ‘‘(3) take testimony or statements and re- be subject to deportation or exclusion pro- ‘‘(a) IN GENERAL.—The Attorney General ceive evidence and information. ceedings under the laws of the United States, may, in consultation with the Secretary of ‘‘(c) PERSONS ORDERED TO APPEAR.—A per- or the foreign country from which the person State, permit the temporary transit through son ordered pursuant to subsection (b)(1) to is transferred. the United States of a person wanted for appear outside the district in which that per- ‘‘(d) APPLICABILITY OF INTERNATIONAL prosecution or imposition of sentence in a son resides or is found may, not later than 10 AGREEMENTS.—If there is an international foreign country. days after receipt of the order— agreement between the United States and ‘‘(b) LIMITATION OF JUDICIAL REVIEW.—A ‘‘(1) file with the judge or judge magistrate the foreign country in which a witness is determination by the Attorney General to who authorized execution of the request a being held in custody or to which the witness permit or not to permit a temporary transit motion to appear in the district in which will be transferred from the United States, described in subsection (a) shall not be sub- that person resides or is found or in which that provides for the transfer, custody, and ject to judicial review. the evidence or information is located; or return of those witnesses, the terms and con- ‘‘(c) CUSTODY.—If the Attorney General ‘‘(2) provide written notice, requesting ap- ditions of that international agreement shall permits a temporary transit under sub- pearance in the district in which the person apply. if there is no such international section (a), Federal law enforcement per- resides or is found or in which the evidence agreement, the Attorney General may exer- sonnel may hold the person subject to that or information is located, to the person cise the authority described in subsections transit in custody during the transit of the issuing the order to appear, who shall advise (a) and (b) if both the foreign country and person through the United States. the judge or judge magistrate authorizing the witness give their consent. ‘‘(d) CONDITIONS APPLICABLE TO PERSONS execution. ‘‘(e) RIGHTS OF PERSONS TRANSFERRED.— SUBJECT TO TEMPORARY TRANSIT.—Notwith- ‘‘(d) TRANSFER OF REQUESTS.— ‘‘(1) Notwithstanding any other provision standing any other provision of law, a person ‘‘(1) IN GENERAL.—The judge or judge mag- of law, a person held in custody in a foreign who is subject to a temporary transit istrate may transfer a request under sub- country who is transferred to the United through the United States under this section section (c), or that portion requiring the ap- States pursuant to this section for the pur- shall— pearance of that person, to the other district pose of giving testimony— ‘‘(1) be required to have only such docu- if— ‘‘(A) shall not by reason of that transfer, ments as the Attorney General shall require; ‘‘(A) the inconvenience to the person is ‘‘(2) not be considered to be admitted or pa- during the period that person is present in substantial; and roled into the United States; and the United states pursuant to that transfer, ‘‘(3) not be entitled to apply for or obtain ‘‘(B) the transfer is unlikely to adversely be entitled to apply for or obtain any right any right or remedy under the Immigration affect the effective or timely execution of or remedy under the Immigration and Na- and Nationality Act (8 U.S.C. 1101 et seq.), the request or a portion thereof. tionality Act, including the right to apply ‘‘(2) EXECUTION.—Upon transfer, the judge including the right to apply for or be granted for or be granted asylum or withholding of or judge magistrate to whom the request or asylum or withholding of deportation.’’. deportation or any right to remain in the (b) CLERICAL AMENDMENT.—The analysis a portion thereof is transferred shall com- United States under any other law; and for chapter 305 of title 18, United States plete its execution in accordance with sub- ‘‘(B) may be summarily removed from the Code, is amended by adding at the end the sections (a) and (b).’’. United States upon order of the Attorney following: (b) CLERICAL AMENDMENT.—The analysis General. for chapter 117 of title 28, United States ‘‘4087. Transit through the United States of ‘‘(2) RULE OF CONSTRUCTION.—Nothing in Code, is amended by adding at the end the persons wanted in a foreign this subsection may be construed to create following: country.’’. any substantive or procedural right or ben- ‘‘1785. Assistance to foreign authorities.’’. efit to remain in the United States that is le- TITLE II—PROMOTING GLOBAL COOPERATION IN gally enforceable in a court of law of the THE FLIGHT AGAINST INTERNATIONAL CRIME SEC. 2. TEMPORARY TRANSFER OF INCARCER- ATED WITNESSES. United States or of a State by any party SEC. 1. STREAMLINED PROCEDURES FOR EXECU- (a) IN GENERAL.—Section 3508 of title 18, against the United States or its agencies or TION OF MLAT REQUESTS. United States Code, is amended— officers. (a) IN GENERAL.—Chapter 117 of title 28, (1) by striking the section heading and in- ‘‘(f) CONSISTENCY WITH INTERNATIONAL OB- United States Code, is amended by adding at serting the following: LIGATIONS.—The Attorney General shall not the end the following: take any action under this section to trans- ‘‘§ 3508. Temporary transfer of witnesses in ‘‘§ 1785. Assistance to foreign authorities fer or return a person to a foreign country custody’’; ‘‘(a) IN GENERAL.— unless the Attorney General determines, ‘‘(1) PRESENTATION OF REQUESTS.—The At- (2) in subsection (a), by inserting ‘‘IN GEN- after consultation with the Secretary of torney General may present a request made ERAL.—’’ after ‘‘(a)’’; and State, that transfer or return would be con- by a foreign government for assistance with (3) by striking subsections (b) and (c) and sistent with the international obligations of resepct to a foreign investigation, prosecu- inserting the following: the United States. A determination by the tion, or proceeding regarding a criminal ‘‘(b) TRANSFER AUTHORITY.— Attorney General under this subsection shall matter pursuant to a treaty, convention, or ‘‘(1) IN GENERAL.—If the testimony of a per- not be subject to judicial review by any executive agreement for mutual legal assist- son who is serving a sentence, in pretrial de- court.’’. tention, or otherwise being held in custody ance between the United States and that (b) CLERICAL AMENDMENT.—The analysis government or in accordance with section in the United States, is needed in a foreign for chapter 223 of title 18, United States 1782, the execution of which requires or ap- criminal proceeding, the Attorney General Code, is amended by striking the item relat- pears to require the use of compulsory meas- shall have the authority to— ing to section 3508 and inserting the fol- ures in more than 1 judicial district, to a ‘‘(A) temporarily transfer that person to lowing: the foreign country for the purpose of giving judge or judge magistrate of— ‘‘3508. Temporary transfer of witnesses in ‘‘(A) any 1 of the districts in which persons the testimony; custody.’’. who may be required to appear to testify or ‘‘(B) transport that person from the United produce evidence or information reside or States in custody; TITLE III—ANTI-ATROCITY ALIEN are found, or in which evidence or informa- ‘‘(C) make appropriate arrangements for DEPORTATION tion to be produced is located; or custody for that person while outside the SEC. 1. INADMISSIBILITY AND REMOVABILITY OF ‘‘(B) the United States District Court for United States; and ALIENS WHO HAVE COMMITTED the District of Columbia. ‘‘(D) return that person in custody to the ACTS OF TORTURE ABROAD. ‘‘(2) AUTHORITY OF COURT.—A judge or United States from the foreign country. (a) INADMISSIBILITY.—Section 212(a)(3)(E) of judge magistrate to whom a request for as- ‘‘(2) PERSONS HELD FOR STATE LAW VIOLA- the Immigration and Nationality Act (8 sistance is presented under paragraph (1) TIONS.—If the person is being held in custody U.S.C. 1182(a)(3)(E)) is amended by adding at shall have the authority to issue those or- for a violation of State law, the Attorney the end the following: ders necessary to execute the request includ- General may exercise the authority de- ‘‘(iii) COMMISSION OF ACTS OF TORTURE.— ing orders appointing a person to direct the scribed in this subsection if the appropriate Any alien who, outside the United States, taking of testimony or statements and the State authorities give their consent. has committed any act of torture, as defined production of evidence or information, of ‘‘(c) RETURN OF PERSONS TRANSFERRED.— in section 2340 of title 18, United States whatever nature and in whatever form, in ‘‘(1) IN GENERAL.—if the transfer to or from Code, is inadmissible.’’. execution of the request. the United States of a person in custody for ‘‘(b) REMOVABILITY.—Section 237(a)(4)(D) of ‘‘(b) AUTHORITY OF APPOINTED PERSONS.—A the purpose of giving testimony is provided that Act (8 U.S.C. 1227(a)(4)(D)) is amended person appointed under subsection (a)(2) for by treaty or convention, by this section, by striking ‘‘clause (i) or (ii)’’ and inserting shall have the authority to— or both, that person shall be returned to the ‘‘clause (i), (ii), or (iii)’’.

VerDate 12-OCT-99 04:45 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.005 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S13029

‘‘(c) EFFECTIVE DATE.—The amendments communications revenues inadvertently es- ‘‘(2) any tax, charge, or fee that is applied made by this section shall apply to offenses caping State and local taxation altogether, to an equitably apportioned gross amount committed before, on, or after the date of en- thereby violating standards of tax fairness, that is not determined on a transactional actment of this Act. creating inequities among competitors in basis; SEC. 2. ESTABLISHMENT OF THE OFFICE OF SPE- the telecommunications market and depriv- ‘‘(3) any tax, charge, or fee that represents CIAL INVESTIGATIONS. ing State and local governments of needed compensation for a mobile telecommuni- ‘‘(a) AMENDMENT OF THE IMMIGRATION AND tax revenues. cations service provider’s use of public rights NATIONALITY ACT.—Section 103 of the Immi- (6) Because State and local tax laws and of way or other public property, provided gration and Nationality Act (8 U.S.C. 1103) is regulations of many jurisdictions were estab- that such tax, charge, or fee is not levied by amended by adding at the end the following: lished before the proliferation of mobile tele- the taxing jurisdiction as a fixed charge for ‘‘(g) The Attorney General shall establish communications services, the application of each customer or measured by gross within the Criminal Division of the Depart- these laws to the provision of mobile tele- amounts charged to customers for mobile ment of Justice an Office of Special Inves- communications services may produce con- telecommunication services; or tigations with the authority of inves- flicting or unintended tax results. ‘‘(4) any fee related to obligations under tigating, and, where appropriate, taking (7) State and local governments provide es- section 254 of this Act.’’. legal action to remove, denaturalize, or pros- sential public services, including services ‘‘(c) SPECIFIC EXCEPTIONS.—This title— ‘‘(1) does not apply to the determination of ecute any alien found to be in violation of that Congress encourages State and local the taxing situs of prepaid telephone calling clause (i), (ii), or (iii) of section governments to undertake in partnership with the Federal government for the services; 212(a)(3)(E).’’. ‘‘(2) does not affect the taxability of either UTHORIZATION OF APPROPRIATIONS.— achievement of important national policy (b) A the initial sale of mobile telecommuni- (1) IN GENERAL.—There are authorized to be goals. cations services or subsequent resale, wheth- appropriated to the Department of Justice (8) State and local governments provide er as sales of the service alone or as a part for the fiscal year 2000 such sums as may be services that support the flow of interstate of a bundled product, where the Internet Tax necessary to carry out the additional duties commerce, including services that support Freedom Act would preclude a taxing juris- established under section 103(g) of the Immi- the use and development of mobile tele- diction from subjecting the charges of the gration and Nationality Act (as added by communications services. sale of these mobile telecommunications this Act) in order to ensure that the Office of (9) State governments as sovereign entities services to a tax, charge, or fee but this sec- Special Investigations fulfills its continuing in our Federal system may require that tion provides no evidence of the intent of obligations regarding Nazi war criminals. interstate commerce conducted within their Congress with respect to the applicability of (2) AVAILABILITY OF FUNDS.—Amounts ap- borders pay its fair share of tax to support the Internet Tax Freedom Act to such propriated pursuant to paragraph (1) are au- the government services provided by those charges; and governments. thorized to remain available until expanded. ‘‘(3) does not apply to the determination of (10) Local governments as autonomous sub- f the taxing situs of air-ground radiotelephone divisions of a State government may require service as defined in section 22.99 of the Com- that interstate commerce conducted within MOBILE TELECOMMUNICATIONS mission’s regulations (47 C.F.R. 22.99). SOURCING ACT their borders pay its fair share of tax to sup- port the governmental services provided by ‘‘SEC. 802. SOURCING RULES. ‘‘(a) IN GENERAL.—Notwithstanding the On October 20, 1999, Mr. BROWNBACK, those governments. law of any State or political subdivision (11) To balance the needs of interstate for himself and Mr. DORGAN, introduced thereof to the contrary, mobile tele- commerce and the mobile telecommuni- S. 1755. The text of the bill follows: communications services provided in a tax- cations industry with the legitimate role of S. 1755 ing jurisdiction to a customer, the charges State and local governments in our system for which are billed by or for the customer’s Be it enacted by the Senate and House of Rep- of federalism, Congress needs to establish a home service provider, shall be deemed to be resentatives of the United States of America in uniform and coherent national policy regard- provided by the customer’s home service pro- Congress assembled, ing the taxation of mobile telecommuni- vider. SECTION 1. SHORT TITLE. cations services through the exercise of its ‘‘(b) JURISDICTION.—All charges for mobile This Act may be cited as the ‘‘Mobile Tele- constitutional authority to regulate inter- telecommunications services that are communications Sourcing Act’’. state commerce. deemed to be provided by the customer’s (12) Congress also recognizes that the solu- SEC. 2. FINDINGS. home service provider under this title are tion established by this legislation is a nec- The Congress finds the following: authorized to be subjected to tax, charge, or essarily practical one and must provide for a (1) The provision of mobile telecommuni- fee by the taxing jurisdictions whose terri- system of State and local taxation of mobile cations services is a matter of interstate torial limits encompass the customer’s place telecommunications services that in the ab- commerce within the jurisdiction of the of primary use, regardless of where the mo- sence of this solution would not otherwise United States Congress under Article I, Sec- bile telecommunication services originate, occur. To this extent, Congress exercises its tion 8 of the United States Constitution. Cer- terminate or pass through, and no other tax- power to provide a reasonable solution to tain aspects of mobile telecommunications ing jurisdiction may impose taxes, charges, otherwise insoluble problems of multi-juris- technologies and services do not respect, and or fees on charges for such mobile tele- dictional commerce. operate independently of, State and local ju- communications services. risdictional boundaries. SEC. 3. AMENDMENT OF COMMUNICATIONS ACT ‘‘SEC. 803. LIMITATIONS. (2) The mobility afforded to millions of OF 1934 TO PROVIDE RULES FOR DE- TERMINING STATE AND LOCAL GOV- ‘‘This title does not— American consumers by mobile tele- ‘‘(1) provide authority to a taxing jurisdic- communications services helps to fuel the ERNMENT TREATMENT OF CHARGES RELATED TO MOBILE TELE- tion to impose a tax, charge, or fee that the American economy, facilitate the develop- COMMUNICATIONS SERVICES. laws of the jurisdiction do not authorize the ment of the information superhighway and The Communications Act of 1934 (47 U.S.C. jurisdiction to impose; or provide important safety benefits. 151 et seq.) is amended by adding at the end ‘‘(2) modify, impair, supersede, or author- (3) Users of mobile telecommunications thereof the following: ize the modification, impairment, or super- services can originate a call in one State or session of, the law of any taxing jurisdiction ‘‘TITLE VIII—STATE AND LOCAL TREAT- local jurisdiction and travel through other pertaining to taxation except as expressly MENT OF CHARGES FOR MOBILE TELE- States or local jurisdictions during the provided in this title. COMMUNICATIONS SERVICES. course of the call. These circumstances ‘‘SEC. 804. ELECTRONIC DATABASES FOR NATION- make it more difficult to track the separate ‘‘SEC. 801. APPLICATION OF TITLE. WIDE STANDARD NUMERIC JURIS- segments of a particular call with all of the ‘‘(a) IN GENERAL.—This title applies to any DICTIONAL CODES. States and local jurisdictions involved with tax, charge, or fee levied by a taxing juris- ‘‘(a) ELECTRONIC DATABASE.—A State may the call. In addition, expanded home calling diction as a fixed charge for each customer provide an electronic database to a home areas, bundled service offerings and other or measured by gross amounts charged to service provider or, if a State does not pro- marketing advances make it increasingly customers for mobile telecommunications vide such an electronic database to home difficult to assign each transaction to a spe- services, regardless of whether such tax, service providers, then the designated data- cific taxing jurisdiction. charge, or fee is imposed on the vendor or base provider may provide an electronic (4) State and local taxes imposed on mobile customer of the service and regardless of the database to a home service provider. The telecommunications services that are not terminology used to describe the tax, charge, electronic database, whether provided by the consistently based on subject consumers, or fee. State or the designated database provider, businesses and others engaged in interstate ‘‘(b) GENERAL EXCEPTIONS.—This title does shall be provided in a format approved by the commerce to multiple, confusing and bur- not apply to— American National Standards Institute’s Ac- densome State and local taxes and result in ‘‘(1) any tax, charge, or fee levied upon or credited Standards Committee X12, that, al- higher costs to consumers and the industry. measured by the net income, capital stock, lowing for de minimis deviations, designates (5) State and local taxes that are not con- net worth or property value of the provider for each street address in the State, includ- sistently based can result in some tele- of mobile telecommunications service; ing to the extent practicable, any multiple

VerDate 12-OCT-99 04:34 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.007 pfrm01 PsN: S21PT1 S13030 CONGRESSIONAL RECORD — SENATE October 21, 1999 postal street addresses applicable to one any other changes in jurisdictional bound- used by the home service provider for tax street location, the appropriate jurisdic- aries that materially affect the accuracy of purposes for any customer under a service tions, and the appropriate code for each tax- the electronic database. contract or agreement in effect 2 years after ing jurisdiction, for each level of taxing ju- ‘‘(b) TERMINATION OF SAFE HARBOR.—Sub- the date of enactment of the Mobile Tele- risdiction, identified by one nationwide section (a) applies to a home service provider communications Sourcing Act as that cus- standard numeric code. The electronic data- that is in compliance with the requirements tomer’s place of primary use for the remain- base shall also provide the appropriate code of subsection (a), with respect to a State for ing term of such service contract or agree- for each street address with respect to polit- which an electronic database is not provided ment, excluding any extension or renewal of ical subdivisions which are not taxing juris- under section 804 until the later of— such service contract or agreement, for pur- dictions when reasonably needed to deter- ‘‘(1) 18 months after the nationwide stand- poses of determining the taxing jurisdictions mine the proper taxing jurisdiction. The na- ard numeric code described in section 804(a) to which taxes, charges, or fees on charges tionwide standard numeric codes shall con- has been approved by the Federation of Tax for mobile telecommunications services are tain the same number of numeric digits with Administrators and the Multistate Tax Com- remitted. each digit or combination of digits referring mission; or ‘‘SEC. 808. SCOPE; SPECIAL RULES. to the same level of taxing jurisdiction ‘‘(2) 6 months after the State or a des- ‘‘(a) TITLE DOES NOT SUPERSEDE CUS- throughout the United States using a format ignated database provider in that State pro- TOMER’S LIABILITY TO TAXING JURISDICTION.— similar to FIPS 55–3 or other appropriate vides the electronic database as prescribed in Nothing in this title modifies, impairs, su- standard approved by the Federation of Tax section 804(a). persedes, or authorizes the modification, im- Administrators and the Multistate Tax Com- ‘‘SEC. 806. CORRECTION OF ERRONEOUS DATA pairment, or supersession of, any law allow- mission, or their successors. Each address FOR PLACE OF PRIMARY USE. ing a taxing jurisdiction to collect a tax, shall be provided in standard postal format. ‘‘(a) IN GENERAL.—A taxing jurisdiction, or charge, or fee from a customer that has ‘‘(b) NOTICE; UPDATES.—A State or des- a State on behalf of any taxing jurisdiction failed to provide its place of primary use. ignated database provider that provides or or taxing jurisdictions within such State, ‘‘(b) ADDITIONAL TAXABLE CHARGES.—If a maintains an electronic database described may— taxing jurisdiction does not otherwise sub- in subsection (a) shall provide notice of the ‘‘(1) determine that the address used for ject charges for mobile telecommunications availability of the then current electronic purposes of determining the taxing jurisdic- services to taxation and if these charges are database, and any subsequent revisions tions to which taxes, charges, or fees for mo- aggregated with and not separately stated thereof, by publication in the manner nor- bile telecommunications services are remit- from charges that are subject to taxation, mally employed for the publication of infor- ted does not meet the definition of place of then the charges for otherwise non-taxable mational tax, charge, or fee notices to tax- primary use in section 809(3) and give bind- mobile telecommunications services may be payers in that State. ing notice to the home service provider to subject to taxation unless the home service ‘‘(c) USER HELD HARMLESS.—A home serv- change the place of primary use on a pro- provider can reasonably identify charges not ice provider using the data contained in the spective basis from the date of notice of de- subject to such tax, charge, or fee from its electronic database described in subsection termination if— books and records that are kept in the reg- (a) shall be held harmless from any tax, ‘‘(A) where the taxing jurisdiction making ular course of business. charge, or fee liability that otherwise would such determination is not a State, such tax- ‘‘(c) NON-TAXABLE CHARGES.—If a taxing ju- be due solely as a result of any error or omis- ing jurisdiction obtains the consent of all af- risdiction does not subject charges for mo- sion in the electronic database provided by a fected taxing jurisdictions within the State bile telecommunications services to tax- State or designated database provider. The before giving such notice of determination; ation, a customer may not rely upon the home service provider shall reflect changes and non-taxability of charges for mobile tele- made to the electronic database during a cal- ‘‘(B) the customer is given an opportunity, communications services unless the cus- endar quarter no later than 30 days after the prior to such notice of determination, to tomer’s home service provider separately end of that calendar quarter for each State demonstrate in accordance with applicable states the charges for non-taxable mobile that issues notice of the availability of an State or local tax, charge, or fee administra- telecommunications services from taxable electronic database reflecting such changes tive procedures that the address is the cus- charges or the home service provider elects, under subsection (b). tomer’s place of primary use; after receiving a written request from the ‘‘(2) determine that the assignment of a ‘‘SEC. 805. PROCEDURE WHERE NO ELECTRIC customer in the form required by the pro- DATABASE PROVIDED. taxing jurisdiction by a home service pro- vider, to provide verifiable data based upon ‘‘(a) IN GENERAL.—If neither a State nor vider under section 805 does not reflect the the home service provider’s books and designated database provider provides an correct taxing jurisdiction and give binding records that are kept in the regular course of electronic database under section 804, a notice to the home service provider to business that reasonably identifies the non- home provider shall be held harmless from change the assignment on a prospective basis taxable charges. any tax, charge, or fee liability in that State from the date of notice of determination if— that otherwise would be due solely as a re- ‘‘(A) where the taxing jurisdiction making ‘‘(d) REFERENCES TO REGULATIONS.—Any sult of an assignment of a street address to such determination is not a State, such tax- reference in this title to the Commission’s an incorrect taxing jurisdiction if, subject to ing jurisdiction obtains the consent of all af- regulations is a reference to those regula- section 806, the home service provider em- fected taxing jurisdictions within the state tions as they were in effect on June 1, 1999. ploys an enhanced zip code to assign each before giving such notice of determination; ‘‘SEC. 809. DEFINITIONS. street address to a specific taxing jurisdic- and ‘‘In this title: tion for each level of taxing jurisdictional ‘‘(B) the home service provider is given an ‘‘(1) CHARGES FOR MOBILE TELECOMMUNI- and exercise due diligence at each level of opportunity to demonstrate in accordance CATIONS SERVICES.—The term ‘charges for taxing jurisdiction to ensure that each such with applicable State or local tax, charge, or mobile telecommunications services’ means street address is assigned to the correct tax- fee administrative procedures that the as- any charge for, or associated with, the provi- ing jurisdiction. Where an enhanced zip code signment reflects the correct taxing jurisdic- sion of commercial mobile radio service, as overlaps boundaries of taxing jurisdictions of tion. defined in section 20.3 of the Commission’s the same level, the home service provider ‘‘SEC. 807. DUTY OF HOME SERVICE PROVIDER regulations (47 CFR 20.3), or any charge for, must designate one specific jurisdiction REGARDING PLACE OF PRIMARY or associated with, a service provided as an within such enhanced zip code for use in tax- USE. adjunct to a commercial mobile radio serv- ing the activity for that enhanced zip code ‘‘(a) PLACE OF PRIMARY USE.—A home serv- ice, that is billed to the customer by or for for each level of taxing jurisdiction. Any en- ice provider is responsible for obtaining and the customer’s home service provider regard- hanced zip code assignment changed in ac- maintaining the customer’s place of primary less of whether individual transmissions cordance with section 806 is deemed to be in use (as defined in section 809). Subject to sec- originate or terminate within the licensed compliance with this section. For purposes tion 806, and if the home service provider’s service area of the home service provider. of this section, there is a rebuttable pre- reliance on information provided by its cus- ‘‘(2) TAXING JURISDICTION.—The term ‘tax- sumption that a home service provider has tomer is in good faith, a home service ing jurisdiction’ means any of the several exercised due diligence if such home service provider— States, the District of Columbia, or any ter- provider demonstrates that it has— ‘‘(1) may rely on the applicable residential ritory or possession of the United States, ‘‘(1) expended reasonable resources to im- or business street address supplied by the any municipality, city, county, township, plement and maintain an appropriately de- home service provider’s customer; and parish, transportation district, or assess- tailed electronic database of street address ‘‘(2) is not liable for any additional taxes, ment jurisdiction, or any other political sub- assignments to taxing jurisdictions; charges, or fees based on a different deter- division within the territorial limits of the ‘‘(2) implemented and maintained reason- mination of the place of primary use for United States with the authority to impose able internal controls to promptly correct taxes, charges or fees that are customarily a tax, charge, or fee. misassignments of street addresses to taxing passed on to the customer as a separate ‘‘(3) PLACE OF PRIMARY USE.—The term jurisdictions; and itemized charge. ‘place of primary use’ means the street ad- ‘‘(3) used all reasonably obtainable and us- ‘‘(b) ADDRESS UNDER EXISTING AGREE- dress representative of where the customer’s able data pertaining to municipal annex- MENTS.—Except as provided in section 806, a use of the mobile telecommunications serv- ations, incorporations, reorganizations and home service provider may treat the address ice primarily occurs, which must be either—

VerDate 12-OCT-99 03:48 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.009 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S13031 ‘‘(A) the residential street address or the diction over the interpretation, implementa- (2) the term ‘‘departmental mission’’ primary business street address of the cus- tion, or enforcement of this title. means any of the functions vested in the tomer; and ‘‘SEC. 811. NONSEVERABILITY. Secretary of Energy by the Department of ‘‘(B) within the licensed service area of the ‘‘If a court of competent jurisdiction en- Energy Organization Act (42 U.S.C. 7101 et home service provider. ters a final judgment on the merits that is seq.) or other law; ‘‘(4) LICENSED SERVICE AREA.—The term ‘li- no longer subject to appeal, which substan- (3) the term ‘‘institution of higher edu- censed service area’ means the geographic tially limits or impairs the essential ele- cation’’ has the meaning given such term in area in which the home service provider is ments of this title based on Federal statu- section 1201(a) of the Higher Education Act authorized by law or contract to provide tory or Federal Constitutional grounds, or of 1965 (20 U.S.C. 1141(a)); commercial mobile radio service to the cus- which determines that this title violates the (4) the term ‘‘multiprogram National Lab- tomer. United States Constitution, then the provi- oratory’’ means any of the following institu- ‘‘(5) HOME SERVICE PROVIDER.—The term sions of this title are null and void and of no tions owned by the Department of Energy— ‘home service provider’ means the facilities- effect. (A) Argonne National Laboratory; based carrier or reseller with which the cus- (B) Brookhaven National Laboratory; tomer contracts for the provision of mobile ‘‘SEC. 812. NO INFERENCE. (C) Idaho National Engineering and Envi- telecommunications services. ‘‘(a) INTERNET TAX FREEDOM ACT.—Nothing ronmental Laboratory; ‘‘(6) CUSTOMER.— in this title may be construed as bearing on (D) Lawrence Berkeley National Labora- ‘‘(A) IN GENERAL.—The term ‘customer’ Congressional intent in enacting the Inter- tory; means— net Tax Freedom Act or as affecting that (E) Lawrence Livermore National Labora- ‘‘(i) the person or entity that contracts Act in anyway. tory; with the home service provider for mobile ‘‘(b) TELECOMMUNICATIONS ACT OF 1996.— (F) Los Alamos National Laboratory; telecommunications services; or Nothing in this title shall limit or otherwise (G) Oak Ridge National Laboratory; ‘‘(ii) where the end user of mobile tele- affect the implementation of the Tele- (H) Pacific Northwest National Labora- communications services is not the con- communications Act of 1996 or the amend- tory. tracting party, the end user of the mobile ments made by that Act.’’. (I) Sandia National Laboratory; telecommunications service, but this clause SEC. 4. EFFECTIVE DATE. (5) the term ‘‘National Laboratory or facil- applies only for the purpose of determining The amendment made by section 3 applies ity’’ means any of the multiprogram Na- the place of primary use. to customer bills issued after the first day of tional Laboratories or any of the following ‘‘(B) The term ‘customer’ does not the first month beginning more than 2 years institutions owned by the Department of include— after the date of enactment of this Act. Energy— ‘‘(i) a reseller of mobile telecommuni- (A) Ames Laboratory f cations service; or (B) East Tennessee Technology Park; ‘‘(ii) a serving carrier under an arrange- (C) Environmental Measurement Labora- ment to serve the customer outside the home NATIONAL LABORATORIES PART- NERSHIP IMPROVEMENT ACT OF tory; service provider’s licensed service area. (D) Federal Energy Technology Center; ‘‘(7) DESIGNATED DATABASE PROVIDER.—The 1999 (E) Fermi National Accelerator Labora- term ‘‘designated database provider’’ means tory; a corporation, association, or other entity On October 20, 1999, Mr. BINGAMAN, (F) National Renewable Energy Labora- representing all the political subdivisions of for himself and Mrs. MURRAY, intro- duced S. 1756. The text of the bill fol- tory; a State that is— (G) Nevada Test Site; ‘‘(A) responsible for providing the elec- lows: (H) Princeton Plasma Physics Laboratory; tronic database prescribed in section 804(a) if S. 1756 (I) Savannah River Technology Center; the State has not provided such electronic Be it enacted by the Senate and House of Rep- (J) Stanford Linear Accelerator Center; database; and (K) Thomas Jefferson National Accelerator ‘‘(B) sanctioned by municipal and county resentatives of the United States of America in Facility; associations or leagues of the State whose Congress assembled. (L) Waste Isolation Pilot Plant; or responsibility it would otherwise be to pro- SECTION 1. SHORT TITLE. (M) other similar organization of the De- vide the electronic database prescribed by This Act may be cited as the ‘‘National partment designated by the Secretary that this title. Laboratories Partnership Improvement Act engages in technology transfer activities; ‘‘(8) PREPAID TELEPHONE CALLING SERV- of 1999’’. (6) the term ‘‘nonprofit institution’’ has ICES.—The term ‘prepaid telephone calling SEC. 2. FINDINGS. the meaning given such term in section 4 of service’ means the right to purchase exclu- The Congress finds that— the Stevenson-Wydler Technology Innova- sively telecommunications services that (1) The National Laboratories play a cru- tion Act of 1980 (15 U.S.C. 3703(5)); must be paid for in advance, that enables the cial role in the Department of Energy’s abil- (7) the term ‘‘Secretary’’ means the Sec- origination of calls using an access number, ity to achieve its missions in national secu- retary of Energy; authorization code, or both, whether manu- rity, science, energy, and environment. (8) the term ‘‘small business concern’’ has ally or electronically dialed, if the remain- (2) The National Laboratories must be on the meaning given such term in section 3 of ing amount of units of service that have been the leading edge of advances in science and the Small Business Act (15 U.S.C. 632); prepaid is known by the provider of the pre- technology to help the Department to (9) the term ‘‘technology-related business paid service on a continuous basis. achieve its missions. concern’’ means a for-profit corporation, ‘‘(9) RESELLER.—The term ‘reseller’— (3) The private sector is now performing a company, association, firm, partnership, or ‘‘(A) means a provider who purchases tele- much larger share of the nation’s research communications services from another tele- small business concern that— and development activities, and is on the (A) conducts scientific or engineering re- communications service provider and then leading edge of many technologies that could resells, uses as a component part of, or inte- search, be adapted to meet departmental missions. (B) develops new technologies, grates the purchased services into a mobile (4) To be able to help the Department to (C) manufactures products based on new telecommunications service; but achieve its missions in the most cost effec- ‘‘(B) does not include a serving carrier with technologies, or tive manner, the National Laboratories must which a home service provider arranges for (D) performs technological services; and take advantage, to the greatest extent prac- the services to its customers outside the (10) the term ‘‘technology cluster’’ means a ticable, of the scientific and technological home service provider’s licensed service geographic concentration of— expertise that exists in the private sector, as (A) technology-related business concerns; area. well as at leading universities, through joint (B) institutions of higher education; or ‘‘(10) SERVING CARRIER.—The term ‘serving carrier’ means a facilities-based carrier pro- research and development projects, per- (C) other nonprofit institutions viding mobile telecommunications service to sonnel exchanges, and other arrangements. that reinforce each other’s performance a customer outside a home service provider’s (5) The Department needs to strengthen though formal or informal relationships. the regional technology infrastructure of or reseller’s licensed service area. SEC. 4. REGIONAL TECHNOLOGY INFRASTRUC- ‘‘(11) MOBILE TELECOMMUNICATIONS SERV- firms, research and academic institutions, TURE PROGRAM. ICE.—The term ‘mobile telecommunications non-profit and governmental organizations, (a) ESTABLISHMENT.—The Secretary shall service’ means commercial mobile radio and work force around its National Labora- establish a Regional Technology Infrastruc- service, as defined in section 20.3 of the Com- tories to maintain the long-term vitality of ture Program in accordance with this sec- mission’s regulations (47 CFR 20.3). the laboratories and ensure their continued tion. ‘‘(12) ENHANCED ZIP CODE.—The term ‘en- access to the widest range of high quality re- (b) PURPOSE.—The purpose of the program hanced zip code’ means a United States post- search, technology and personnel. shall be to improve the ability of National al zip code of 9 or more digits. SEC. 3. DEFINITIONS. Laboratories or facilities to support depart- ‘‘SEC. 810. COMMISSION NOT TO HAVE JURISDIC- For purposes of this Act, except for sec- ment missions by— TION OF TITLE. tions 8 and 9— (1) stimulating the development of tech- ‘‘Notwithstanding any other provision of (1) the term ‘‘Department’’ means the De- nology clusters in the vinicity of National this Act, the Commission shall have no juris- partment of Energy; Laboratories or facilities;

VerDate 12-OCT-99 04:34 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.010 pfrm01 PsN: S21PT1 S13032 CONGRESSIONAL RECORD — SENATE October 21, 1999 (2) improving the ability of National Lab- tively selected using procedures determined owned by women or minorities, in procure- oratories or facilities to leverage commer- to be appropriate by the Secretary. ments and collaborative research conducted cial research, technology, products, proc- (4) ACCOUNTING STANDARDS.—Any partici- by the National Laboratory or facility. The esses, and services; and pants receiving funding under this program, person or office vested with the small busi- (3) encouraging the exchange of scientific other than a National Laboratory or facility, ness advocacy function shall— and technological expertise between Na- may use generally accepted accounting prin- (1) report to the Director of the National tional Laboratories or facilities and— ciples for maintaining accounts, books, and Laboratory or facility on the actual partici- (A) institutions of higher education, records relating to the project. pation of small business concerns in procure- (B) technology-related business concerns, (5) LIMITATIONS.—No federal funds shall be ments and collaborative research along with (C) nonprofit institutions, and made available under this program for— recommendations, if appropriate, on how to (D) agencies of state, tribal, or local (A) construction; or improve participation; governments— (B) any project for more than five years. (2) make available to small business con- (f) CRITERIA.— that are located in the vicinity of a National cerns training, mentoring, and clear, up-to- (1) MANDATORY CRITERIA.—The Secretary Laboratory or facility. date information on how to participate in shall not authorize the provision of federal the procurements and collaborative re- (c) PROGRAM PHASES.—The Secretary shall funds for a project under this section unless conduct the Regional Technology Infrastruc- search, including how to submit effective there is a determination by the Director of proposals; ture Program in two phases as follows: the National Laboratory or facility man- (1) PILOT PHASE.—No later than six months (3) increase the awareness inside the Na- aging the project that the project is likely— tional Laboratory or facility of the capabili- after the date of enactment of this Act, the (A) to succeed, based on its technical Secretary shall provide $1,000,000 to each of ties and opportunities presented by small merit, team members, management ap- business concerns; and the multiprogram National Laboratories to proach, resources, and project plan; and conduct Regional Technology Infrastructure (4) establish guidelines for the program (B) to improve the participating National under subsection (b) and report on the effec- Program pilots. Laboratory or facility’s ability to achieve (2) FULL IMPLEMENTATION.—Not later than tiveness of such program to the Director of technical success in meeting departmental the National Laboratory or facility. eighteen months after the date of enactment missions, promote the commercial develop- of this act, the Secretary shall expand or (b) ESTABLISHMENT OF SMALL BUSINESS AS- ment of technological innovations made at SISTANCE PROGRAM.—The Secretary shall di- alter the Regional Technology Infrastruc- such Laboratory or facility, and use com- ture Program to include whichever National rect the Director of each multiprogram Na- mercial innovations to achieve its missions. tional Laboratory, and may direct the Direc- Laboratories or facilities the Secretary de- (2) ADDITIONAL CRITERIA.—The Secretary termines to be appropriate based upon the tor of each other National Laboratory or fa- shall also require the consideration of the cility the Secretary determines to be appro- experience of the program to date and the following factors by the Director of the Na- extent to which the pilot projects under priate, to establish a program to provide tional Laboratory or facility managing small business concerns— paragraph (1) met the requirements of sub- projects under this section in providing fed- sections (e) and (f). (1) assistance directed at making them eral funds to projects under this section— more effective and efficient subcontractors (d) PROJECTS.—The Secretary shall author- (A) the potential of the project to promote or suppliers to the National Laboratory or ize the director of each National Laboratory the development of a commercially sustain- facility; or or facility designated under subsection (c) to able technology cluster, one that will derive (2) general technical assistance to improve implement the Regional Technology Infra- most of the demand for its products or serv- the small business concern’s products or structure Program at such National Labora- ices from the private sector, in the vicinity services. tory or facility through projects that meet of the participating National Laboratory or the requirements of subsections (e) and (f). (c) USE OF FUNDS.—None of the funds ex- facility; pended on a program under subsection (b) (e) PROGRAM REQUIREMENTS.—Each project (B) the commitment shown by non-federal may be used for direct grants to the small funded under this program shall meet the organizations to the project, based primarily business concerns. following requirements: on the nature and amount of the financial (1) MINIMUM PARTICIPANTS.—Each project and other resources they will risk on the SEC. 6. TECHNOLOGY PARTNERSHIPS OMBUDS- MAN. shall at a minimum include— project; (A) a National Laboratory or facility; (C) the extent to which the project in- (a) APPOINTMENT OF OMBUDSMAN.—The Sec- (B) a business located within the vicinity volves a wide variety and number of institu- retary shall direct the Director of each of the participating National Laboratory or tions of higher education, nonprofit institu- multiprogram National Laboratory, and may facility; and tions, and technology-related business con- direct the Director of each other National (C) one or more of the following entities cerns located in the vicinity of the partici- Laboratory or facility the Secretary deter- that is located within the vicinity of the par- pating National Laboratory or facility that mines to be appropriate, to appoint a tech- ticipating National Laboratory or facility— will make substantive contributions to nology partnership ombudsman to hear and (i) an institution of higher education, achieving the goals of the project; help resolve complaints from outside organi- (ii) a nonprofit institution, (D) the extent of participation in the zations regarding each laboratory’s policies (iii) an agency of a state, local, or tribal project by agencies of state, tribal, or local and actions with respect to technology part- government, or governments that will make substantive nerships (including cooperative research and (iv) an additional business. contributions to achieving the goals of the development agreements), patents, and tech- (2) COST SHARING.— project; nology licensing. Each ombudsman shall— (A) MINIMUM AMOUNT.—Not less than 50 (E) the extent to which the project focuses (1) be a senior official of the National Lab- percent of the costs of each project funded on promoting the development of tech- oratory or facility who is not involved in under this section shall be provided from nology-related business concerns that are day-to-day technology partnerships, patents, non-Federal sources. small business concerns located in the vicin- or technology licensing; and (B) QUALIFIED FUNDING AND RESOURCES.— ity of the National Laboratory or facility or (2) report to the Director of the National (i) The calculation of costs paid by the involves such small business concerns sub- Laboratory or facility. non-federal sources to a project shall include stantively in the project. (b) DUTIES.—Each ombudsman shall— cash, personnel, services, equipment, and (3) SAVINGS CLAUSE.—Nothing in this sub- (1) serve as the focal point for assisting the other resources expended on the project. section shall limit the Secretary from re- public and industry in resolving complaints (ii) Independent research and development quiring the consideration of other factors, as and disputes with the laboratory regarding expenses of government contractors that appropriate, in determining whether to fund technology partnerships, patents, and tech- qualify for reimbursement under section 31– projects under this section. nology licensing; 205–18(e) of the Federal Acquisition Regula- SEC. 5. SMALL BUSINESS ADVOCACY AND ASSIST- (2) promote the use of collaborative alter- tions issued pursuant to section 25(c)(1) of ANCE. native dispute resolution techniques such as the Office of Federal Procurement Policy (a) ADVOCACY FUNCTION.—The Secretary mediation to facilitate the speedy and low- Act (41 U.S.C. 421(c)(1)) may be credited to- shall direct the Director of each multipro- cost resolution of complaints and disputes, wards costs paid by non-federal sources to a gram National Laboratory, and may direct when appropriate; and project, if the expenses meet the other re- the Director of each other National Labora- (3) report, through the Director of the Na- quirements of this section. tory or facility the Secretary determines to tional Laboratory or facility, to the Depart- (iii) No funds or other resources expended be appropriate, to establish a small business ment annually on the number and nature of either before the start of a project under this advocacy function that is organizationally complaints and disputes raised, along with program or outside the project’s scope of independent of the procurement function at the ombudsman’s assessment of their resolu- work shall be credited toward the costs paid the National Laboratory or facility. The tion, consistent with the protection of con- by the non-federal sources to the project. mission of the small business advocacy func- fidential and sensitive information. (3) COMPETITIVE SELECTION.—All projects tion shall be to increase the participation of SEC. 7. MOBILITY OF TECHNICAL PERSONNEL. where a party other than the Department or small business concerns, particularly those (a) GENERAL POLICY.—Not later than two a National Laboratory or facility receives small business concerns located near the lab- years after or the enactment of this Act, the funding under this program shall be competi- oratory and small business concerns that are Secretary shall ensure that each contractor

VerDate 12-OCT-99 03:48 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.013 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S13033 operating a National Laboratory or facility (1)(A), 2, or 3(D) in whole or in part and ac- That is why I ask that, as we cele- has policies and procedures, including an em- cording to negotiated terms and conditions if brate the tremendous accomplishments ployee benefits program, that do not create the director or designated official, as appro- of women during National Business disincentives to the transfer of scientific and priate, finds that the requirement for the li- Women’s Week, my fellow colleagues technical personnel among the contractor- cense would substantially inhibit the com- join me in supporting opportunities for operated National Laboratories or facilities. mercialization of an invention that would (b) EXTENSION.—The Secretary may delay otherwise serve an important federal mis- women to become entrepreneurs. implementation of the policy in subsection sion.’’. As a member of the Senate Small (a) if the Secretary— (c) TIME REQUIRED FOR APPROVAL.—Section Business Committee, I am proud of the (1) determines that the implementation of 12(c)(5) of the Stevenson-Wydler Technology role the Committee and the Small the policy within two years would be unnec- Innovation Act of 1980 (15 U.S.C. 3710a(c)(5)) Business Administration have played essarily expensive or disruptive to the oper- is amended— in providing access to assistance from ations of the contractor-operated National (1) by striking subparagraph (C); women entrepreneurs, because many of Laboratories or facilities; and (2) by redesignating subparagraph (D) as the businesses in this rapidly growing (2) recommends to Congress alternative subparagraph (C); sector are small businesses. Just last measures to increase the mobility of tech- (3) by striking ‘‘with a small business nical personnel among the contractor oper- firm’’ and inserting ‘‘if’’ after ‘‘statement’’ month, the Committee reported legis- ated National Laboratories or facilities. in subparagraph (C)(i) (as redesignated); and lation, the Women’s Business Centers (c) STUDY OF WIDER MOBILITY.—Not later (4) by adding after subparagraph (C)(iii) (as Sustainability Act, that would signifi- than two years after the enactment of this redesignated) the following: cantly increase funding for the Wom- act, the Secretary shall recommend to Con- ‘‘(iv) Any agency that has contracted with en’s Business Centers Program, which gress legislation to reduce any undue dis- a non-Federal entity to operate a laboratory provides women with long-term train- incentives to scientific and technical per- may develop and provide to such laboratory ing and counseling in all aspects of sonnel employed by a contractor-operated one or more model cooperative research and owning and managing a business—fos- National Laboratory or facility taking a job development agreements, for the purposes of with an institution of higher education, non- standardizing practices and procedures, re- tering the growth of women’s business profit institution, or technology-related solving common legal issues, and enabling ownership and providing a foundation business concern that is located in the vicin- review of cooperative research and develop- of basic support to women business ity of the National Laboratory or facility. ment agreements to be carried out in a rou- owners. SEC. 8. OTHER TRANSACTIONS AUTHORITY. tine and prompt manner. This program promotes the growth of Section 646 of the Department of Energy ‘‘(v) A federal agency may waive the re- women-owned businesses by sponsoring Organization Act (42 U.S.C.. 7256) is amended quirements of clause (i) or (ii) under such business training and technical coun- by adding at the end the following new sub- circumstances as the agency deems appro- seling, access to credit and capital, and section: priate. However, the agency may not take access to marketing opportunities, in- ‘‘(g)(1) In addition to other authorities longer than 30 days to review and approve, cluding Federal contracts and export request modifications to, or disapprove any granted to the Secretary to enter into pro- opportunities. Over the past 10 years, curement contracts, leases, cooperative proposed agreement or joint work statement agreements, grants, and other similar ar- that it elects to receive.’’. the program has served tens of thou- rangements, the Secretary may enter into f sands of women entrepreneurs by pro- other transactions with public agencies, pri- viding them with consulting, training, vate organizations, or persons on such terms ADDITIONAL STATEMENTS and financial assistance as they seek to as the Secretary may deem appropriate in start or expand their own business. As furtherance of functions now or hereafter a result, women are starting new firms vested in the Secretary, including research, NATIONAL BUSINESS WOMEN’S at twice the rate of all other business, development, or demonstration projects. WEEK and employ roughly one in every five Such other transactions shall not be subject U.S. workers. Today, the program is to the provisions of section 9 of the Federal ∑ Ms. SNOWE. Mr. President, I rise to Nonnuclear Energy Research and Develop- pay tribute to the more than 9.1 mil- comprised of nearly 70 centers in 40 ment Act of 1974 (42 U.S.C. 5908). lion women business owners nation- States. ‘‘(2)(A) The Secretary shall not disclose wide on the occasion of National Busi- In my view, creating new opportuni- any trade secret or commercial or financial ness Women’s Week. This week marks ties for historically disadvantaged information submitted by a non-federal enti- the celebration of the 71st annual Na- groups, such as women and minorities ty under paragraph (1) that is privileged and tional Business Women’s Week. to help provide tangible opportunities confidential. On this occasion, advocates for for economic independence must re- ‘‘(B) The Secretary shall not disclose, for main a top priority, and National Busi- five years after the date the information is women business owners may have a well-deserved sense of pride. I am ness Women’s Week is a perfect oppor- received, any other information submitted tunity to focus attention on the impor- by a non-federal entity under paragraph (1), pleased to be able to report that be- including any proposal, proposal abstract, tween 1987 and 1999, the number of tance of such efforts. document support a proposal, business plan, women-owned businesses increased by In closing, I would like to express my or technical information that is privileged 103 percent nationwide, employment appreciation to the Business and Pro- and confidential. increased by 320 percent, and sales fessional Women/USA organization, ‘‘(C) The Secretary may protect from dis- grew by 436 percent. Today, women which has played a pivotal role in mak- closure, for up to five years, any information business owners across the country em- ing the celebration of National Busi- developed pursuant to a transaction under ness Women’s Week possible. ploy more than 27.5 million people and paragraph (1) that would be protected from Since its creation in 1928, National generate in excess of $3.6 trillion in disclosure under section 552(b)(4) of title 5, Business Women’s Week has been spon- United States Code, if obtained from a per- sales. These businesses account for 38 sored by Business and Professional son other than a federal agency.’’. percent of all U.S. businesses. Women/USA for the purpose of recog- SEC. 9. AMENDMENTS TO THE STEVENSON- In my home State of Maine, there are nizing and honoring the achievements WYDLER ACT. more than 48,200 women-owned busi- (a) STRATEGIC PLANS.—Section 12(a) of the of working women. nesses, employing 91,700 people and Business and Professional Women/ Stevenson-Wydler Technology Innovation generating $10.2 billion in sales. For Act of 1980 (15 U.S.C. 3710a(a)) is amended by USA local organizations across the inserting after ‘‘joint work statement’’ the Maine’s economy, this represents country, and in my state of Maine, will following: ‘‘or, if permitted by the agency, in growth of more than 85.3 percent be- take this week to honor outstanding an agency-approved annual strategic plan.’’. tween 1987 and 1996. business women and employers of the (b) FEDERAL WAIVERS.—Subsection 12(b) of Mr. President, this data dem- year, and I would like to congratulate the Stevenson-Wydler Technology Innova- onstrates just how vital women and them and thank them for their impor- tion Act of 1980 (15 U.S.C. 3710a(b)) is amend- women-owned businesses are to the tant contributions. ed by adding at the end the following: ∑ health of the U.S. economy. Although f ‘‘(6) The director of a government-operated women-owned businesses have grown at laboratory (in the case of a government oper- TRIBUTE TO IKUA PURDY ated laboratory) or a designated official of an astronomical rate, we must con- the agency (in the case of a contractor-oper- tinue to ensure that women have ac- ∑ Mr. AKAKA. Mr. President, this past ated laboratory) may waive any license re- cess to the knowledge and capital nec- Sunday, eight rodeo stars were in- tained by the Government under paragraphs essary to start their own businesses. ducted into the Rodeo Hall of Fame at

VerDate 12-OCT-99 04:45 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.015 pfrm01 PsN: S21PT1 S13034 CONGRESSIONAL RECORD — SENATE October 21, 1999 the National Cowboy Hall of Fame and If Purdy is voted in when the ballots are THE EARLY DAYS Western Heritage Center in Oklahoma counted in September, Roddy and Jones be- Purdy’s life is just one chapter in the his- City. Included among the honorees is lieve it will be just the start toward recog- tory of cowboys, horses and cattle in Hawaii, one of Hawaii’s most legendary nizing Hawaii’s place in cowboy and cattle Bergin, Roddy and Jones said. history. paniolos—paniolo is Hawaiian for cow- It begins in either 1792 or 1793 when British ‘‘Purdy’s just the beginning,’’ Roddy said. sea Capt. George Vancouver brought cattle boy—the late Ikua Purdy. Ikua Purdy ‘‘We need to tell the whole story of Hawaii, to the Big Island as a gift to King Kameha- was born in 1873 at Parker Ranch, one how cattle showed up in Hawaii first (even meha I. Some of them died soon after, so of the largest and most famous ranches before Texas) and what Hawaii did for the Vancouver convinced Kamehameha to im- in the world, on the Big Island of Ha- rest of the West. The cowboys over there pose a kapu on killing cattle to give them a waii. As a boy he learned to ride and view Hawaii a people wearing hula skirts on chance to breed. rope, working as a paniolo in the cattle beaches. They don’t realize it’s huge cattle The herd grew so successfully over the country.’’ industry, a large and important enter- next three decades that cattle terrorized peo- If Purdy doesn’t make it into the Hall of ple and overran crops and forests. Rock walls prise in Hawaii at the time. Fame this summer the historical society in parts of urban Honolulu and other islands Ikua Purdy secured his place as a might not consider him again for years. still stand as testament to the crude efforts rodeo legend for his exploits in 1908 at He missed induction last year by 60 votes, to gain control over the bovines. the World Championship Rodeo in a fact that gnaws at Billy Bergin, a Big Is- In 1830, Kamehameha III turned to Spanish Cheyenne, Wyoming. Purdy, along with land veterinarian who grew up working as a California for help. Three vaqueros came Eben ‘‘Rawhide Ben’’ Parker Low, Jack paniolo. over and showed Hawaiians how to ride Low, and Archie Ka‘aua traveled from Bergin established the Paniolo Preserva- horses that had been imported here 30 years tion Society 18 months ago and is pushing before, and how to handle cattle. the Big Island to Cheyenne and bor- people in Hawaii to pay $25 to the historical Hawaii had its first working cowboys by rowed horses to compete in the world society so they can become voting members 1836—some three or four decades before roping championship. This was their and get Purdy inducted. America. They called themselves paniolo, first competition outside of Hawaii. At In just the last three months, 87 people and Island-ized version of the word Espanol, the conclusion of the two-day competi- from Hawaii have joined, according to the or Spanish. tion, Jack Low placed sixth, Archie National Cowboy Hall of Fame. Raising cattle soon grew into a major ex- Ka‘aua finished third, and Ikua Purdy Before the Hawaii campaign, ‘‘no one had port industry and helped Hawaiians pay off ever heard of Ikua Purdy,’’ said Judy won the won roping championship with debts they had racked up by not filling or- Dearing, who coordinates the rodeo program ders for sandalwood. a record time of 56 seconds—an amaz- part of the Hall of Fame. Among the big cattle operations was the ing time that is all the more incredible ‘‘Now we have such an interest from the Parker Ranch on the Big Island, founded in since it came after an arduous 3,300- Hawaii folks that we have a nice file an inch- 1848 by John Palmer Parker. Purdy was one mile trek and accomplished with a bor- and-a-half thick on Ikua.’’ of his great-grandsons. rowed horse. Jones vaguely remembered reading ‘‘about In 1907, Eben ‘‘Rawhide Ben’’ Parker Low Mr. President, I ask that two articles some guy who came to Cheyenne and showed went to Cheyenne’s Frontier Days and everybody up, set some records that were un- from The Honolulu Advertiser detail- thought Hawaii’s paniolo would be able to believable and beat all the hotshots.’’ hold their own in competition there. Raw- ing the remarkable achievements of Last year ‘‘the nominating committee hide Ben had recently sold Pu‘uwa‘awa‘a Ikua Purdy be printed in the RECORD. wondered how come his name hadn’t come up Ranch on the Big Island and financed the The articles follow: before. Unfortunately, not enough people trip to Cheyenne in 1908 for himself, his half- [From the Honolulu Advertiser, July 5, 1999] were aware of him. I said, ‘We need to get brother Purdy, his cousin Ka’aua and his the word out. He’s long overdue.’ ’’ BID MADE TO GIVE PANIOLO HIS DUE brother Jack Low. Purdy’s descendants lean toward the hum- ‘‘He felt they were the top ropers in the Is- (By Dan Nakaso) ble side of life, just like Ikua, and the push lands,’’ said Tila Spielman, Rawhide Ben’s In 1908, three Hawaii paniolo set off for to elect him into the Hall of Fame makes granddaughter. Cheyenne, Wyo., where they heard the best some of them uncomfortable. The horses that Purdy, Low and Ka‘aua ropers and riders in the land were gathering. ‘‘Most of us feel he should be in the Hall of borrowed were rough. And on the second day Just to get to the World Championship Fame because of his merits and not by buy- of competition, Low downed his calf in Rodeo, Ikua Purdy, Jack Low and Archie ing a vote,’’ said Palmer Purdy, one of Ikua’s record time, but an asthma attack kept him Ka‘aua had to take a boat from the Big Is- grandsons. ‘‘Don’t get me wrong, I want to from tying it up. land to Honolulu, catch a steamship to San see him inducted. I just don’t want to get His time from the first day was still good Francisco, then hop a train to Cheyenne. him in that way. I want him to be inducted enough for sixth place. Ka‘aua’s time of 1 When they arrived 3,300 miles later, the because he was a competitor and he was good minute, 28 seconds, got him third place. And other cowboys didn’t know what to make of at it and he was the best that Hawaii had to Purdy was champion with an astounding 56 their dark skin, floppy hats and colorful offer.’’ seconds. According to some accounts, it clothes. And for a while it looked as if Ikua was born on Christmas Eve, 1873, at might have even been as low as 52 seconds. Purdy, Low and Ka‘aua had made their jour- Mana on the Big Island’s Parker Ranch. He Purdy never returned to Cheyenne, or even ney for nothing, because nobody would loan died on the Fourth of July, 1945, at left Hawaii again. them horses to compete. Ulupalakua on Maui, where he finished out He is on the verge of being immortalized in But when the dust of competition settled his paniolo days as foreman of Ulupalakua Oklahoma, but the attention he is getting after two days of roping and riding, Low had Ranch. He’s buried at Ulupalakua. today is exactly the kind that would have finished sixth, Ka‘aua third and Purdy stood As a boy, Palmer Purdy, now 52, never made him nervous. alone as the world roping champion. heard a word from his father, William, about Whenever he was asked about his accom- The story became the stuff of paniolo lore. Ikua’s victory in Cheyenne or his status as a plishments, Purdy would simply say: ‘‘Other In the 101 years that followed, Purdy’s leg- legend. things to talk about besides me.’’ end has been remembered in Hawaii through It wasn’t until Palmer became a teenager paniolo songs, such as ‘‘Hawaiian Rough Rid- that he got curious about his dead grand- [From the Honolulu Advertiser, Oct. 18, 1999] ers’’ and ‘‘Walomina.’’ He was among the father. RODEO HALL OF FAME ADDS ISLE PANIOLO first people inducted into Hawaii’s sports ‘‘All my uncles and aunties are very hum- A Hawaii paniolo who is remembered in Hall of Fame. ble and didn’t openly discuss Ikua’s great- song and story was inducted into the Rodeo What happened in Cheyenne has also in- ness,’’ Purdy said. ‘‘They didn’t want to Hall of Fame yesterday in Oklahoma City. spired a modern-day quest by a pair of Cali- brag. But I would overhear other people talk- The late Ikua Purdy was one of eight peo- fornia cattle ranchers to give Purdy—and ing about Ikua Purdy being a famous cow- ple honored during a ceremony at the Na- Hawaii’s paniolo lifestyle—their rightful boy.’’ tional Cowboy Hall of Fame and Western places in the history of the American West. The more he heard how Purdy taught Heritage Center. Purdy’s name on the Mainland is only now paniolo to train horses in the ocean—not Twenty of Purdy’s relatives and friends spreading in cowboy circles, mostly through ‘‘break’’ them—and about Purdy’s victories made the journey from Hawaii for the pro- cattlemen Jack Roddy and Cecil Jones. in Hawaii rodeos, the more Palmer filled in gram. One of the ceremony’s highlights was They’re trying to get Purdy inducted into the gaps. the group performing the hula to a reading the Rodeo Hall of Fame, a wing of the Na- ‘‘The first thing that came to my mind of Purdy’s life story. tional Cowboy Hall of Fame and Western was, ‘Wow, I missed a lot growing up.’ We Purdy, who was born on Christmas Eve 1873 Heritage Center in Oklahoma City. sure would have liked to see him in action. on the Big Island’s Parker Ranch, learned to Later this month, the historical society When people start writing songs about you, ride and rope on grasslands and upland for- that runs the Rodeo Hall of Fame will send you put a dent in people’s minds. So he must ests of Waimea and Mauna Kea. its 400 members ballots containing Purdy’s have been a great, great individual for that In the 1908 world roping championship in name. to happen.’’ Cheyenne, Wyo., he snagged a steer in a

VerDate 12-OCT-99 04:59 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.084 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — SENATE S13035 record 56 seconds. Such songs as ‘‘Hawaiian of the Paniolo’’ in Hawaii. An excellent The PRESIDING OFFICER. The Rough Riders’’ and ‘‘Waiomina’’ recounted documentary film by Edgy Lee, clerk will report the bill by title. his victory. Purdy, who never returned to ‘‘Paniolo O Hawaii—Cowboys of the The legislative assistant read as fol- Wyoming to defend his title, worked as a Far West,’’ that premiered at the lows: paniolo until his death July 4, 1945. Purdy missed induction last year by 60 Smithsonian captures the essence of A bill (H.R. 2367) to reauthorize a com- votes. So Billy Bergin, a Big Island veteri- the Hawaiian cowboy and highlights prehensive program of support for victims of narian who grew up working as a paniolo, es- the economic and cultural significance torture. tablished an organization that encouraged of the paniolo in the islands. I encour- There being no objection, the Senate people in Hawaii to join the Rodeo Hall of age all students and enthusiasts of the proceeded to consider the bill. Fame so they could vote for Purdy’s induc- American West and cowboy lore to Mr. BROWNBACK. Madam President, tion. learn about the Hawaiian paniolo.∑ I ask unanimous consent that the bill Mr. AKAKA. Ikua Purdy went home f be read a third time and passed, the to Hawaii and resumed his work as a AMERICANS OF ARABIC HERITAGE motion to reconsider be laid upon the paniolo until his death in 1945. He did table, and that any statements relating not return to the mainland to defend OF THE LEHIGH VALLEY, PENN- SYLVANIA to the bill be printed in the RECORD. his title, in fact he never left Hawaii’s The PRESIDING OFFICER. Without shores again. But his victory and leg- ∑ Mr. ABRAHAM. Mr. President, I rise objection, it is so ordered. end live on in Hawaii and the annals of today to express my sincere congratu- The bill (H.R. 2367) was read the third rodeo history. His achievements are lations to the Americans of Arabic Her- time and passed. immortalized in song and hula in Ha- itage of the Lehigh Valley, Pennsyl- waii, including ‘‘Hawaiian Rough Rid- vania who are celebrating their 10th f ers’’ and ‘‘Waiomina.’’ Anniversary this year. I am proud and Yet, during his lifetime, Ikua Purdy honored to be celebrating this event ORDERS FOR FRIDAY, OCTOBER 22, avoided drawing attention to his rop- with them at their annual banquet on 1999 ing mastery and world record perform- October 23, 1999. Mr. BROWNBACK. Madam President, ance. I am pleased to join Ikua Purdy’s I commend those members who are I ask unanimous consent that when the family and friends in honoring the leg- involved in this organization because Senate completes its business today, it acy and talent of one of Hawaii’s and they advance and demonstrate the con- adjourn until the hour of 9:30 a.m. on America’s greatest cowboys. This tinuing positive contributions of Amer- Friday, October 22. I further ask unani- weekend’s well-deserved induction into icans of Arab descent. Furthermore, it mous consent that on Friday imme- the Rodeo Hall of Fame enshrines a is heartening to see the continual ef- diately following the prayer, the Jour- sporting feat that continues to amaze forts of the Americans of Arabic Herit- nal of proceedings be approved to date, rodeo fans and highlights the long, age in fostering a relationship of un- the morning hour be deemed expired, proud history of Hawaii’s paniolos. derstanding and goodwill between the the time for the two leaders be re- This well-deserved honor for a peoples and cultures of the United served for their use later in the day, paniolo whose talents were matched States and the Arab world. These ef- and notwithstanding the adjournment only by his humility and quiet dignity forts will go far in enhancing and pro- of the Senate, the Senate then resume follows on the heels of renewed interest moting our community’s image and un- debate on the motion to proceed to and appreciation of Hawaii’s illustrious derstanding throughout the world. H.R. 434, the sub-Saharan Africa free paniolo traditions. The Americans of Arabic Heritage of trade bill. The Hawaiian cowboy played an im- the Lehigh Valley, Pennsylvania have The PRESIDING OFFICER. Without portant role in the economic and cul- worked very hard to instill a sense of objection, it is so ordered. tural development of Hawaii and pride in their heritage. Their efforts helped to establish the islands as a have assured that this pride and this f major cattle exporter to California, the heritage will be preserved and carried Americas, and the Pacific Rim for over on for generations to come. I am proud PROGRAM a century. Paniolo history is fre- and delighted to see our community Mr. BROWNBACK. Madam President, quently overlooked in Hawaii and is promoting our heritage and I wish for the information of all Senators, the largely unknown beyond our shores. them much success in their ongoing en- Senate will resume consideration of Yet, this is an important part of Ha- deavors. the sub-Saharan Africa free trade bill waii’s history and of American history. Many in the local community have at 9:30 tomorrow. The debate on the Indeed, Hawaii’s working cowboys pre- given generously of their time and ef- motion is expected to consume most of ceded the emergence of their com- forts to be active in the Americans of the day. patriots in the American West. Arabic Heritage of the Lehigh Valley, For the information of all Senators, Paniolo came from Spain, Portugal, Pennsylvania. They are to be com- the majority leader announced that Mexico, California, and throughout mended for their very worthwhile ef- there will be no votes tomorrow or South America to work Hawaii’s forts and foresight, and I am pleased to Monday. However, Senators can expect ranches. They brought their languages recognize these efforts in the United votes early on Tuesday morning. For and culture, including the guitar and States Senate.∑ the beginning of next week, the Senate ukulele. As they shared their culture, f will resume debate on the African married and raised families, they em- trade bill and will consider numerous braced the Native Hawaiian culture APPOINTMENT Executive Calendar items. The Senate and customs. In many ways, this shar- The PRESIDING OFFICER. The will also consider appropriations con- ing and blending of cultures is the Chair, on behalf of the majority leader, ference reports as they become avail- foundation for the diverse and rich her- pursuant to Public Law 101–549, ap- able. itage the people of Hawaii enjoy today. points Susan F. Moore, of Georgia, to The paniolo experience is part of the the Board of Directors of the Mickey f distinct historical narrative of our na- Leland National Urban Air Toxics Re- ADJOURNMENT UNTIL 9:30 A.M. tion’s history. It illustrates how dif- search Center. TOMORROW ferences have developed into shared f values and community. By illu- Mr. BROWNBACK. Madam President, minating the many currents and COMPREHENSIVE PROGRAM OF if there is no further business to come branches of our history and society, we SUPPORT FOR VICTIMS OF TOR- before the Senate, I now ask unani- acquire a better understanding and ap- TURE mous consent that the Senate stand in preciation of our national landscape. Mr. BROWNBACK. Madam President, adjournment under the previous order. The rediscovery of paniolo history I ask unanimous consent that the Sen- There being no objection, the Senate, was further encouraged when Governor ate now proceed to the consideration of at 7:57 p.m., adjourned until Friday, Ben Cayetano declared 1998 the ‘‘Year H.R. 2367, which is at the desk. October 22, 1999, at 9:30 a.m.

VerDate 12-OCT-99 03:48 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.088 pfrm01 PsN: S21PT1 October 21, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2153 EXTENSIONS OF REMARKS

THE INTERNET GAMBLING plishing two main goals: first, providing that the Gunnison River, the Black Canyon is a PROHIBITION ACT OF 1999 anyone convicted of running an Internet gam- natural crown jewel second to none in its mag- bling business is liable for a substantial fine nificent splendor. Though other canyons may HON. BOB GOODLATTE and up to 4 years in prison; and second, giv- have greater depth or descend on a steeper OF VIRGINIA ing law enforcement the ability to request ces- course, few combine these attributes as IN THE HOUSE OF REPRESENTATIVES sation of service to web sites engaging in ille- breathtakingly as does the Black Canyon. gal gambling, with enforcement by court order If ever there was a place worthy of the pres- Thursday, October 21, 1999 if necessary. Additionally, the bill requires the tigious status that only national park status Mr. GOODLATTE. Mr. Speaker, I rise today Attorney General to submit a report to Con- can afford, Mr. Speaker, it is the Black Can- to introduce the Internet Gambling Prohibition gress on the effectiveness of its provisions. yon. But as you know, national parks don't just Act of 1999, along with my colleagues, Rep- It is also important to note that this legisla- happen. In this case, it took nearly 15 years, resentative FRANK LOBIONDO, Representative tion does not preempt any State laws, does several Congressional Representatives and FRANK WOLF, Representative RICK BOUCHER, not cover online new reporting about gam- Senators, innumerable locally elected officials, Representative JIM GIBBONS, and Representa- bling, and does not apply to wagering over and a virtual sea of committed citizens in tive VIRGIL GOODE. I look forward to working non-Internet closed networks in States that western Colorado. with my colleagues from both sides of the allow such activity. The bill simply brings the Included in this group are the good people aisle to see this legislation signed into law. I current prohibition against interstate gambling of the Forest Service. During this long and at would also like to thank my friend in the other up to speed with the development of new times difficult process, the Forest Service has Chamber, Senator JON KYL for his leadership technology, as the Internet had not been cre- given tirelessly and beyond measure in the on this issue. The legislation that Mr. ated when the original law was passed and hopes of making the Black Canyon a national LOBIONDO and I are introducing today is simi- thus is no covered by it. park. Again and again these great Americans lar to legislation which Representative Mr. Speaker, online gambling is currently a rose to the challenge, doing everything in their LOBIONDO, and I introduced in the last Con- $200 million per year business, and could eas- power to fulfill this dream. Without the Forest gress. I am also looking forward to working ily grow to a $1 billion business in the next Service's leadership and perseverance, none with Senator KYL, who has introduced similar few years. It is time to shine a bright light on of what we have accomplished would have legislation in the Senate. Internet gambling in this country, and to put a ever been possible. The Internet is a revolutionary tool that dra- stop to this situation before it gets any worse. It is with this, Mr. Speaker, that I give my matically affects the way we communicate, The Internet Gambling Prohibition Act, which thanks to the people of the Forest Service conduct business, and access information. As will keep children from borrowing the family who played a leading role in making the Black it knows no boundaries, the Internet is credit card, logging on to the family computer, Canyon of the Gunnison National Park a won- accessed by folks in rural and urban areas and losing thousands of dollars all before their derful reality for Colorado, America, and the alike, in large countries as well as small. The parents get home from work, will do just that. world to enjoy. Internet is currently expanding by leaps and I urge each of my colleagues to support the f bounds; however, it has not yet come close to Internet Gambling Prohibition Act of 1999. reaching its true potential as a medium for f RICHARD A. WEILAND HONORED commerce and communication. One of the main reasons that the Internet TRIBUTE TO THE BLACK CANYON HON. ROB PORTMAN OF THE GUNNISON NATIONAL has not reached this potential is that many OF OHIO PARK AND THOSE WHO MADE IT folks view it as a wild frontier, with no safe- IN THE HOUSE OF REPRESENTATIVES guards to protect children and no legal infra- POSSIBLE structure to prevent online criminal activity. Thursday, October 21, 1999 The ability of the world wide web to penetrate HON. SCOTT McINNIS Mr. PORTMAN. Mr. Speaker, I rise today to every home and community across the globe OF COLORADO recognize Richard A. Weiland, a well known has both positive and negative implicationsÐ IN THE HOUSE OF REPRESENTATIVES Cincinnati civic leader, as he is honored by while it can be an invaluable source of infor- the Cincinnati Associates of the Hebrew Union mation and means of communication, it can Thursday, October 21, 1999 College Jewish Institute of Religion. also override community values and stand- Mr. MCINNIS. Mr. Speaker, it is with an Dick has been a member of the Cincinnati ards, subjecting them to whatever may or may overwhelming sense of pride that I now rise to Associates since the group's inception, and he not be found online. In short, the Internet is a pay tribute to a truly historic event in the proud has been a key part of its leadership. He cur- challenge to the sovereignty of civilized com- and distinguished history of the great State of rently serves as the Associates' Honorary munities, States, and nations to decide what is Colorado: the establishment of the Black Can- Chair. appropriate and decent behavior. yon of the Gunnison National Park. An energetic and committed community vol- Gambling is an excellent example of this sit- As the House sponsor of legislation that re- unteer, Dick is involved in numerous civil and uation. It is illegal unless regulated by the designated the Black Canyon as a national philanthropic activities. He serves on the Ex- States. With the development of the Internet, park, it gives me great joy to describe for this ecutive Committee of the American Jewish however, prohibitions and regulations gov- esteemed body's record the beauty of this Committee; the Cincinnati Human Relations erning gambling have been turned on their truly majestic place. In addition, I would like to Commission; the Jewish National Fund Advi- head. No longer do people have to leave the offer my gratitude to a community of individ- sory Board; the Council of Jewish Federation's comfort of their homes and make the affirma- uals instrumental in the long process that ulti- National Leadership; Jewish Federation of tive decision to travel to a casinoÐthey can mately yielded the establishment of the Black Cincinnati; Family Service of Cincinnati Advi- access the casino from their living rooms. Canyon of the Gunnison National Park. sory Board; and the Ohio Refugee Immigration The legislation I am introducing today will Mr. Speaker, anyone who has visited the Aid Committee. In addition to these challenges protect the right of citizens in each State to Black Canyon can attest to its awe-inspiring and many others, Dick has been active in the decide through their State legislatures if they natural beauty. Named for the dark rock that Coalition for a Drug-Free Greater Cincinnati, want to allow gambling within their borders makes up its sheer walls, the Black Canyon is an organization I founded to combat sub- and not have that right taken away by off- largely composed of what geologists call base- stance abuse in the Greater Cincinnati com- shore, fly-by-night operators. The Internet ment rocks, the oldest rocks on the earth esti- munity. Gambling Prohibition Act gives law enforce- mated at 1.7 billion years old. With its narrow A Cincinnati native, Dick attended Walnut ment the tools it needs to crack down on ille- openings, sheer walls, and scenic gorges that Hills High School, Williams College, and the gal Internet gambling operations by accom- plunge 2000 feet into the clear blue majesty of University of Cincinnati College of Law. He

∑ 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 1299 06:11 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A21OC8.000 pfrm12 PsN: E21PT1 E2154 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1999 and his wife, Marcia, have three children and Mr. Speaker I am proud to introduce the man who took the time to get to know the five grandchildren. Public Safety Tax Cut Act, and I request that story and the people behind it. Hilliard is a All of us in Cincinnati congratulate Dick on my fellow Members join in support of this key man of the West, a Renaissance man. His col- receiving this prestigious recognition. legislation. umns frequently recieved a lot of exposure f f throughout the country and rightfully so. They were wity, informative, and revealing. You INTRODUCTION OF PUBLIC VOICES AGAINST VIOLENCE: A could always count on Carl to be critical of the SAFETY TAX CUT ACT TEEN CONFERENCE politicians at the Capitol, but at the same time compassionate and duteous. HON. RON PAUL HON. WILLIAM J. COYNE As the dean of the Capitol Press corps, he OF TEXAS OF PENNSYLVANIA was effective in reporting Capitol news. That IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES role earned him a very laudable honor, being Thursday, October 21, 1999 Thursday, October 21, 1999 named as one Denver's 100 most influential journalists and the respect of his fellow jour- Mr. COYNE. Mr. Speaker, I rise today to Mr. PAUL. Mr. Speaker, today I am intro- nalists. ducing the Public Safety Tax Cut Act. This talk about two young people from Pennsylva- It is with this, Mr. Speaker, that I honor this legislation will achieve two important public nia's 14th Congressional District who came to man who will truly be missed by his col- policy goals. Washington this week to participate in the leagues and those that enjoyed reading his First, it will effectively overturn a ruling of Voices Against Violence congressional teen column. For so many years, he has been a the Internal Revenue Service which has de- conference. The Voices Against Violence con- role model for young journalists and a pilar clared as taxable income the waiving of fees ference, which was organized by the House form which all journalists drew inspiration. I by local governments who provide service for Democratic Caucus, was intended to bring to- wish him well in his much deserved retire- public safety volunteers. gether young people from around the country ment. I look forward to continuing my friend- Many local governments use volunteer fire- to engage them in a constructive discussion ship with him in the future. about youth violence. fighters and auxiliary police either in place of, f or as a supplement to, their public safety pro- Most Americans have been shocked and fessionals. Often as an incentive to would-be distressed by the series of high-profile school CELEBRATING THE MINISTRY OF volunteers, the local entities might waive all or shootings committed by young people over the DR. JOHN R. BISAGNO a portion of the fees typically charged for city last year. Our Nation's children are, sadly, the services such as the provision of drinking people most affected by youth violence. They HON. GENE GREEN water, sewerage charges, or debris pick up. are also often the individuals with the greatest OF TEXAS Local entities make these decisions for the insight into the causes of youth violence and IN THE HOUSE OF REPRESENTATIVES purpose of encouraging folks to volunteer, and ways to prevent violent acts in the future. The Thursday, October 21, 1999 Voices Against Violence conference was in- seldom do these benefits come anywhere Mr. GREEN of Texas. Mr. Speaker, I rise near the level of a true compensation for the tended to bring young people from across the country together to discuss youth violenceÐ today to pay tribute to and help celebrate the many hours of training and service required of ministry of Dr. John R. Bisagno. After 30 the volunteers. This, of course, not even to and to utilize their insights to develop innova- tive solutions to the problem of youth violence. years, Dr. Bisagno will be retiring from Hous- mention the fact that these volunteers could ton's First Baptist Church. very possibly be called into a situation where Over 300 young people between the ages of 13 and 19 attended the Voices Against Vio- John Bisagno was born on April 5, 1943 in they may have to put their lives on the line. Augusta, KS. He is married to Uldine Beck Rather than encouraging this type of vol- lence conference on October 19th and 20th in Washington, DC. President Clinton addressed Bisagno. The Bisagnos have three children, unteerism, which is so crucial, particularly to Ginger Bisagno Dodd, Anthony Bisagno, and America's rural communities, the IRS has de- the students, and then participants attended workshops with experts on teen violence, dis- Timothy Bisagno, and five grandchildren. cided that the provision of the benefits de- Dr. Bisagno graduated from Oklahoma Bap- scribed above amount to taxable income. Not cussion groups about possible solutions, and skills training sessions to learn about violence tist University and received a doctor of letters only does this adversely affect the financial degree from Southwest Missouri Baptist Uni- position of the volunteer by foisting new taxes prevention initiatives that have been found to be effective. versity and a doctor of divinity degree from about him or her, it has in fact led local enti- Houston Baptist University, where the ``Chair ties to stop providing these benefits, thus tak- Two of my constituents, Zara Carroll and Jeff Smith, attended the Voices Against Vio- of Evangelism'' is named in his honor. ing away a key tool they have used to recruit In February 1970, Dr. Bisagno became the volunteers. That is why the IRS ruling in this lence conference with their parents. On behalf of my constituents and myself, I want to com- pastor of the 22,000-member First Baptist instance has a substantial deleterious impact Church of Houston. He has authored 24 on the spirit of American volunteerism. How mend Zara and Jeff for their interest and in- volvement in this important issue. I hope that books, including the best seller ``The Power of far could this go? For example, would con- Positive Praying.'' He is the past president of sistent application mean that a local Salvation they found the conference to be engaging and informative, and that they will continue to work the Southern Baptist Pastor's Conference and Army volunteer be taxed for the value of a has gained national attention as a dynamic complimentary ticket to that organization's an- to help reduce violence and the threat of vio- lence in their communities in the coming and effective crusade evangelist and Bible nual county dinner? This is obviously bad pol- teacher. He was the first preacher on the icy. years. f Southern Baptist ACTS television network. This legislation would rectify this situation by During the 30 years of Dr. Bisagno's min- specifically exempting these types of benefits TRIBUTE TO CARL R. HILLIARD, istry at First Baptist Church, the church relo- from federal taxation. ‘‘ONE CAPITOL FELLOW’’ cated from downtown Houston, purchased Next, this legislation would also provide paid property near the intersection of Interstate 10 professional police and fire officers with a HON. SCOTT McINNIS and Loop 610 in Houston, built a worship cen- $1,000 per year tax credit. These professional OF COLORADO ter and education buildings now valued in ex- public safety officers put their lives on the line IN THE HOUSE OF REPRESENTATIVES cess of $60 million and continues to be an in- each and every day, and I think we all agree tegral part of the dynamics of Houston, TX. that there is no way to properly compensate Thursday, October 21, 1999 Dr. Bisagno has announced that he will re- them for the fabulous services they provide. In Mr. MCINNIS. Mr. Speaker, it is with great tire from the pulpit on Sunday, November 21, America we have a tradition of local law en- pleasure that I honor a dedicated man and his 1999. However, I am certain that John forcement and public safety provision. So, career. In his thirty plus years of covering the Bisagno will continue to be a Christian com- while it is not the role of our federal govern- Colorado Capitol for the Associated Press, mitted to spreading the gospel. When he re- ment to increase the salaries of these, it cer- Carl Hilliard proved himself to be a man of tires from Houston's First Baptist Church, he tainly is within our authority to increase their truth and integrity. During that time, I'm glad to retires to continue to be a significant part of take-home pay by reducing the amount of say that I was fortunate to get to know him the faith community in Houston, in Texas, in money that we take from their pockets via fed- well. the United States, and around the world. eral taxation, and that is something this bill His colleagues knew him as a man who Mr. Speaker, I ask my colleagues to join me specifically does as well. cared not about being in the limelight, but a in honoring Dr. John R. Bisagno.

VerDate 1299 06:11 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A21OC8.002 pfrm12 PsN: E21PT1 October 21, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2155 ALL SEGMENTS OF COMMUNITY I urge my colleagues to join me in support TRIBUTE TO THE BLACK CANYON MUST WORK TOGETHER TO END of this bill as we seek to arrest the scourge of OF THE GUNNISON NATIONAL DOMESTIC VIOLENCE violence in our society. PARK AND THOSE WHO MADE IT POSSIBLE HON. DAVE WELDON f OF FLORIDA HON. SCOTT McINNIS TRIBUTE TO THE O’TUCKS IN THE HOUSE OF REPRESENTATIVES OF COLORADO Thursday, October 21, 1999 IN THE HOUSE OF REPRESENTATIVES Mr. WELDON of Florida. Mr. Speaker, I rise HON. JOHN A. BOEHNER Thursday, October 21, 1999 today to address the issue of domestic vio- OF OHIO Mr. McINNIS. Mr. Speaker, it is with an lence. Mr. Speaker, our homes should be a overwhelming sense of pride that I now rise to safe haven where wives, husbands, and chil- IN THE HOUSE OF REPRESENTATIVES pay tribute to a truly historic event in the proud dren are free from the fear of violence. In Thursday, October 21, 1999 and distinguished history of the great State of most homes in America, this is the case, but Colorado: the establishment of the Black Can- for far too many women and children this is Mr. BOEHNER. Mr. Speaker, for four dec- yon of the Gunnison National Park. not the case. The need to address this issue ades, the members of an organization known As the House sponsor of legislation that re- is something on which we can all agree. as the O'Tucks have dedicated themselves to designated the Black Canyon as a national I am pleased that increasing attention has park, it gives me great joy to describe for this been called to this issue and that there are serving our community and preserving the esteemed body's record the beauty of this numerous community organizations that have unique culture and traditions of Kentucky's Ap- truly majestic place. In addition, I would like to taken an active role in addressing this issue in palachian highlands. offer my gratitude to a community of individ- their communities. Indeed it is in local commu- If you're even remotely familiar with the rich uals instrumental in the long process that ulti- nities where law enforcement and community and vibrant culture of Appalachian Kentucky, it organizations have gotten involved that we shouldn't surprise you to learn that groups like mately yielded the establishment of the Black have seen the greatest success. the O'Tucks exist. But it might surprise you to Canyon of the Gunnison National Park. In fact, this weekend in my congressional find such a group thriving outside of Ken- Mr. Speaker, anyone who has visited the district the Domestic Violence Coalition of In- tuckyÐin Butler County, Ohio. Black Canyon can attest to its awe-inspiring dian River County, Florida will be hosting a natural beauty. Named for the dark rock that The O'Tucks (as in ``Ohioans from Ken- makes up its sheer walls, the Black Canyon is seminar on domestic violence in order to raise tucky'') were founded 40 years ago by Mr. awareness and provide training for those who largely composed of what geologists call base- Stanley Dezarn, who was born in 1922 near ment rocks, the oldest rocks on the earth esti- are committed to bringing this travesty to an the Goose Creek River in the Bluegrass end. At this seminar a host of community or- mated at 1.7 billion years old. With its narrow State's Clay County. A lifelong educator and openings, sheer walls, and scenic gorges that ganizations along with law enforcement and community leader, Stanley Dezarn founded local governmental agencies will make presen- plunge 2000 feet into the clear blue majesty of the O'Tucks with a set of specific goals, which the Gunnison River, the Black Canyon is a tations directed toward raising public aware- Ercel Eaton of the Hamilton Journal-News de- ness and sharing professional expertise on natural crown jewel second to none in its mag- tailed last year: ``to provide a common ground domestic violence. nificent splendor. Though other canyons may for exchange of ideas and experiences for This Congress is due to consider the reau- have greater depth or descend on a steeper thorization of the Violence Against Women people with common cultural and environ- course, few combine these attributes as Act. This act provides funding for some very mental backgrounds; to strive to preserve the breathtakingly as does the Black Canyon. valuable programs like domestic violence hot- rich qualities of folklore and music of the Ap- If ever there was a place worthy of the pres- lines, shelters, law enforcement, and related palachian highlands; [and] to work for the con- tigious status that only national park status training among other programs. I fully support tinuous improvement of the community by co- can afford, Mr. Speaker, it is the Black Can- the reauthorization of these programs and am operating with and assisting civic leaders, or- yon. But as you know, national parks don't just pleased that many of the organizations partici- ganizations, and public officials in Butler happen. In this case, it took nearly 15 years, pating in this event, like the Sebastian River County.'' several Congressional Representatives and Junior Woman's Club, support efforts to reau- For years the O'Tucks have fulfilled these Senators, innumerable locally elected officials, thorize and improve the effectiveness of this goals repeatedly and successfully in our com- and a virtual sea of committed citizens in law. munity. They've enriched the lives of countless western Colorado. Mr. Speaker I would also like to take this Butler County residents through their music Included in this group are the good people opportunity to bring to the members attention, and cultural events. But they've also contrib- of Hotchkiss, Colorado. During this long and at related legislation that I have recently intro- uted to our community through their service times difficult process, Hotchkiss' civic leaders duced in the House. My bill (H.R. 3088) would and spirit of volunteerism, which has helped have given tirelessly and beyond measure in address one of the most heinous acts of vio- more than a few of their fellow citizens realize the hopes of making the Black Canyon a na- lence to women in our society, sexual assault. the dream of getting a college education or tional park. Again and again these great Today, in many states the victims of sexual pursuing a career in art, teaching, nursing and Americans rose to the challenge, doing every- assault have no right to inquire into the HIV other fields. thing in their power to fulfill this dream. With- status of their assailant until after conviction of Mr. Speaker, even after four decades of out Hotchkiss' leadership and perseverance, the assailant, and sometimes not even then. good times and good service, the O'Tucks none of what we have accomplished would My bill would give the victims of this crime the have never strayed from the original goals of have ever been possible. right to know the HIV status of their attacker Stanley Dezarn. Fittingly, the O'Tucks will It is with this, Mr. Speaker, that I give my immediately after bringing charges. thanks to the people of Hotchkiss who played Medical studies indicate that if anti-HIV honor their founder late this month at their 40th anniversary banquet, and give thanks to a leading role in making the Black Canyon of drugs are begun within 48 hours of exposure the Gunnison National Park a wonderful reality to the HIV virus, the infection of the victim can Stanley Dezarn for his lifetime of dedication and service to the O'Tucks and the Butler for Colorado, America, and the world to enjoy. actually be prevented. That is why it is so im- f portant that the victims of sexual assault be County community. able to request the HIV status of their assail- Stanley Dezarn and the O'Tucks are an in- RECOGNIZING THE ST. JOSEPH, ant as quickly as possible. It is literally a mat- spiration for all Americans. They're proof that MISSOURI POLICE DEPARTMENT ter of life and death. what makes America a great society is not her As a physician, husband, and father, I am strong government, or her time-tested institu- HON. PAT DANNER deeply troubled that this is not already law in tions, or her mighty industries; what makes OF MISSOURI every state. For too long the rights of victims America great is the spirit and enthusiasm of IN THE HOUSE OF REPRESENTATIVES of sexual crimes have been sacrificed for the her people. I urge my colleagues to join me rights of criminals. No longer will the victims today in recognizing Stanley Dezarn and the Thursday, October 21, 1999 have to wait weeks, months or years for the O'Tucks organization for 40 years of distin- Ms. DANNER. Mr. Speaker, I rise today to crime to be fully adjudicated before they can guished service to the Butler County commu- honor seven law enforcement officers from the find out if they have been exposed to HIV. nity and the United States of America. St. Joseph, Missouri Police Department who

VerDate 1299 06:11 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K21OC8.003 pfrm12 PsN: E21PT1 E2156 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1999 are being recognized with the National Asso- A TRIBUTE TO BERNT BALCHEN below zero. In paying tribute to the importance ciation of Police Organization's prestigious of this operation, which was an important fac- TOP COPS Awards. These brave individuals HON. MARTIN OLAV SABO tor in changing the economy of Canada, the are receiving these distinguished awards for OF MINNESOTA government of Canada stated, ``There has their valiant efforts in protecting their commu- IN THE HOUSE OF REPRESENTATIVES been no more brilliant operation in the history nity from an armed killer on November 10, of commercial aviation.'' Thursday, October 21, 1999 1998. After the crash-landing of the plane America On that date, Sergeants Terry White, Steve Mr. SABO. Mr. Speaker, October 23, 1999 on a test flight in which the pilot Floyd Bennett Gumm and Billy Paul Miller, Patrolwoman Re- marks the 100th anniversary of the birth of the was badly injured, Balchen became involved becca Caton, and Patrolmen Roy Wedlow, late great Norwegian-American pilot, military in preparations for Byrd's Trans-Atlantic flight Henry Pena, Shawn Hamre and Bradley Arn, leader, and Arctic and Antarctic explorer, in 1927. He was chosen to be a co-pilot, along responded to a high-priority call to subdue an Colonel Bernt Balchen. with Bert Acosta. As harsh weather conditions armed sniper who was randomly firing at vehi- Bernt Balchen was born in Tveit, Norway, developed on that flight, Balchen took over the cles attempting to cross a busy local intersec- on October 23, 1899, the son of a physician piloting of the plane for 40 hours, and finally tion. The assailant fired approximately 200 with an ancestry of military leaders and sea saved the lives of all aboard by making an rounds of bullets from his assault weapon, fa- captains. His love of nature and wildlife, his emergency landing off the coast of France. tally wounding Officer Arn, before being shot artistic talents, and his sensitive, discerning Balchen subsequently became the third per- and killed by sergeant Miller. Thanks to the eye were revealed in his sketch books begun son to successfully fly across the Atlantic quick response and undaunted courage of at an early age. Ocean. In 1928, Balchen piloted one of the relief these brave officers, no innocent bystander His love of outdoor life and sports was cou- planes flying to the crash site of the German lost their life as a result of this tragedy. pled with a keen spirit of adventure and dis- covery which was kindled when he met the aircraft Bremen on Greenly Island, off Lab- In addition, I wish to pay a special tribute to rador. The next year he piloted now-Admiral the family of Officer Arn. Survived by his lov- great explorer Roald Amundsen, shortly after his successful expedition to the South Pole in Byrd across the South Pole in the Floyd Ben- ing wife Andrea and two-year-old twin daugh- nettÐ the first flight over the South Pole. In ters Molleigh and Mallorie, Officer Arn will be 1913. This meeting fired young Balchen's imagination and determination to explore the addition to his work as pilot for the Byrd Ant- forever remembered in the hearts of the resi- arctic Expedition I, Balchen played a major dents of St. Joseph for making the greatest mysteries of the Polar regions. After completing his education in Forestry role in designing equipment and working out sacrifices while protecting the community. He Engineering at Harnosand, Sweden, inter- problems in logistics, constructing snow hang- was truly one of America's finest, and I am spersed with practical work in Norway's lum- ars and other equipment. The following year, honored to offer this tribute to himÐas well as ber camps, Bernt Balchen underwent training back in the U.S., he instructed Amelia Earhart his familyÐtoday. in the Norwegian Army. At 18, he volunteered and redesigned her aircraft for her successful Mr. Speaker, I am pleased that the heroic for service with the White Army in Finland, flight across the Atlantic. acts of these brave law enforcement officers serving first in ski patrols and then in the cav- In 1931, through a special act of Congress, have not gone unnoticed, and I rise today to alry. A Russian bayonet almost cost him his Colonel Balchen became a U.S. citizen. express my appreciation to them for their dedi- life. He confounded doctors who predicted he Balchen served as chief pilot for the Lincoln cation in protecting the St. Joseph community. would be permanently incapacitated by later Ellsworth Trans-Antarctic Expeditions (1933± Each of these officers exemplify the finest of becoming a member of Norway's Olympic 1935). Upon completing this association, he traits one must possess to be a member of boxing team, then setting records in cross- returned to Norway to work in aviation and the the law enforcement community, and I con- development of the Norwegian Airlines, and country skiing and bicycling. He built a strong gratulate them on receiving these awards. the laying of the foundation for a united Scan- physique, great endurance, keen perceptions dinavian airlines system. and the quick reflexes which were to serve f With the invasion of Norway by Germany, him, and others, so well in the rugged life Bernt Balchen became associated with the HONORING THE 200TH BIRTHDAY ahead. British Royal Air Force in ferrying planes over Bernt Balchen's eyes turned skyward. He OF SMITH COUNTY the North Atlantic and in transport flights from entered the Royal Norwegian Naval Air Force, San Diego to Singapore. He carried out the graduating at the head of his class and receiv- HON. BART GORDON first flight from San Diego to Singapore. ing his wings in 1921. He became an instruc- In 1941, as the U.S. began to ferry bombers OF TENNESSEE tor in navigation and participated in the plan- to England, Balchen was requested by Gen- IN THE HOUSE OF REPRESENTATIVES ning of some of the first Arctic serial expedi- eral ``Hap'' Arnold to join the U.S. Army Air Thursday, October 21, 1999 tions from Norway. While working on prepara- Force and to build a secret base in Green- tions for Amundsen's first flight across the landÐcode-named Bluie West 9 (8W±8). Mr. GORDON. Mr. Speaker, I rise today to North Pole in the dirigible Norge based at From this base, Balchen and his men carried recognize the 200th birthday of Smith County, Spitsbergen, Balchen was directed by Amund- out spectacular rescues of downed American Tennessee, one of the most scenic and friend- sen to assist Commander Richard E. Byrd in bomber crews by dogsled and plane, one of ly communities you'll ever come across. equipping his plane with skis of Balchen's de- which involved a belly-landing of a PBY by Smith County, the fifth county created in sign. This plane was to be flown by Floyd Bernt Balchen on the iceÐa feat never before Middle Tennessee, was established by Private Bennett, with Byrd as a navigator, in an at- attempted. In 1943, he led successful bombing Act in October of 1799 and was named in tempt to reach the North Pole. missions against German installations on the honor of Daniel Smith, a Revolutionary War Impressed with Balchen's many skills, Com- east coast of Greenland; later, in Iceland. officer, surveyor and U.S. Senator. mander Richard Byrd asked that Balchen be In 1944, Balchen became the commander of Nestled among the gently rolling hills and given leave from the Norwegian Naval Air the Allied Air Transport Command for Scan- the pristine fish-filled streams that meander Force and join his party on its return to the dinavia and the USSR, with a secret base in through Middle Tennessee, the county is U.S. Balchen then became chief test pilot for Leuchars, Scotland. This became part of the home to some truly wonderful folks, including the famous aircraft designer, Tony Fokker, Carpetbagger Operation (OSS), involving the Vice President AL GORE. The vice president's joining the Fokker Aircraft Corporation at organization of an air route to Sweden using late father, Al Gore Sr., also called Smith Teterboro, New Jersey. In 1927, Balchen was civilian plan markings and unmarked, black County home and proudly represented the assigned to Western Canada Airways at Hud- aircraft used for flights into Norway to supply county and region in the U.S. House of Rep- son, Ontario, to teach Canadian pilots how to underground forces and to carry out bombing resentatives and the U.S. Senate, as did an- handle ski-equipped planesÐthe beginning of missions. Close to 4,000 Norwegians were other famous resident, Cordell Hull, who also ``bush flying''Ðthen to transport men, equip- safely transported through the Sweden air served the nation as Secretary of State. ment and supplies from Cache Lake, Mani- route to England. His command supported I congratulate the county's residents for their toba, the northern terminus of the Hudson Bay Norwegian forces and helped in the evacu- invaluable contributions to the state of Ten- railway, to Fort Churchill, Manitoba, within a ation of 70,000 Russians from slave labor nessee and the nation as a whole. Happy prescribed period of time. As one of the two camps in northern Norway, as well as partici- Birthday Smith County and thanks to its resi- pilots selected for the job, he flew an open pating in the destruction of the German dents for letting me serve them in the U.S. cockpit plane during six weeks of savage ``heavy water'' development center. The Distin- House of Representatives. weather, with temperatures hitting 65 degrees guished Flying Cross, the Legion of Merit, the

VerDate 1299 06:11 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A21OC8.008 pfrm12 PsN: E21PT1 October 21, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2157 Soldiers Medal and the Air Medal with Oak looking to the future but always thinking back ON THE OCCASION OF NOVA Leaf Clusters were among the many honors to the past, remembering my teammates and SOUTHEASTERN UNIVERSITY’S awarded to Bernt Balchen by the U.S. for his the lonely places I have seen that no man 35TH ANNIVERSARY wartime service, in addition to high honors ever saw before.'' from Norway and Denmark. Mr. Speaker, on October 23, 1999, I ask HON. PETER DEUTSCH Returning to civilian life in 1946, Balchen re- that my colleagues pause to remember Colo- OF FLORIDA sumed work in the development of the Scan- nel Bernt Balchen, a true hero who made sig- IN THE HOUSE OF REPRESENTATIVES dinavian airlines system, while working for nificant contributions to the security of both Thursday, October 21, 1999 DNL in Norway. Recalled to the U.S. Air Force Norway and the United States. in 1948, he took command of the 10th Rescue Mr. DEUTSCH. Mr. Speaker, I rise today to Squadron in Alaska. In 1949, he piloted the f recognize a very important date in the Florida first flight from Alaska across the North Pole, educational community. Nova Southeastern landing in NorwayÐthus becoming the first TRIBUTE TO THE BLACK CANYON University, Florida's largest independent uni- pilot to fly over both the North and the South OF THE GUNNISON NATIONAL versity, will celebrate its 35th anniversary on Poles. He served as a special assistant to the PARK AND THOSE WHO MADE IT December 2nd, 1999. This event, entitled Secretary of the U.S. Air Force on Arctic Af- POSSIBLE ``Celebration of Excellence,'' promises to fairs, developing search and rescue tech- showcase the outstanding achievements of niques and equipment, defense concepts, and HON. SCOTT McINNIS NSU students and alumni alike, and I am hon- navigational systems for the transpolar route OF COLORADO ored to be a part of this joyous occasion. which was soon to be adopted by commercial Through Nova Southeastern University's airlines. He pioneered the building of the anti- IN THE HOUSE OF REPRESENTATIVES quality educational programs, the university missile base at Thule, Greenland, hailed for its Thursday, October 21, 1999 has made an immense contribution to the per- strategic importance. Mr. MCINNIS. Mr. Speaker, it is with an sonal and professional advancement of thou- Through all the rugged years, Balchen's overwhelming sense of pride that I now rise to sands of Florida residents. In addition, NSU sketch pad and watercolor paints were close pay tribute to a truly historic event in the proud provides a wide range of community services at hand. In 1948, however, inspired by the and distinguished history of the great State of and programs for the benefit of South Florida grandeur of the scenery and wildlife in Alaska, Colorado: the establishment of the Black Can- residents. Working to bring new skills and he began a serious study of watercolor paint- yon of the Gunnison National Park. knowledge to the community around it, the ing techniques, acquiring a large collection of As the House sponsor of legislation that re- work of Nova Southeastern University ulti- the best books on the subject. In 1953, he designated the Black Canyon as a national mately benefits Florida residents of all ages. held his first one-man show in New York, in park, it gives me great joy to describe for this ``Celebration of Excellence'' is also notable which 73 of his paintings won critical acclaim esteemed body's record the beauty of this because it features the fifth anniversary of the from critics because of their brilliant colors and truly majestic place. In addition, I would like to merger of Nova University and Southeastern thrilling scenes of the High North. This was offer my gratitude to a community of individ- University of the Health Sciences to form NSU followed later by one-man showings in other uals instrumental in the long process that ulti- in its current state. This synergistic merger of areas of New York, as well as other states mately yielded the establishment of the Black the two schools has resulted in the develop- and abroad. Canyon of the Gunnison National Park. ment of some of Florida's most impressive Upon his retirement from the Air Force in medical and health care education programs. Mr. Speaker, anyone who has visited the 1956, Colonel Balchen was honored with the Indeed, these programs benefit the entire Black Canyon can attest to its awe-inspiring Distinguished Service Medal with a citation for community's health and well-being. natural beauty. Named for the dark rock that ``his understanding of the intricate Arctic condi- Nova Southeastern University has set itself makes up its sheer walls, the Black Canyon is tions and for his firm leadership, extensive apart in its ability to form partnerships with largely composed of what geologists call base- background and selfless devotion to duty.'' He other educational institutions, state and local ment rocks, the oldest rocks on the earth esti- was the holder of many other honors, includ- agencies, and community organizations. mated at 1.7 billion years old. With its narrow ing the Harmon International Trophy, awarded These successful cooperative efforts enhance openings, sheer walls, and scenic gorges that to him by President Dwight Eisenhower in local access to advocacy, counseling, health plunge 2000 feet into the clear blue majesty of 1954, and the National Pilots' Association care, rehabilitative and other human services, the Gunnison River, the Black Canyon is a Award. He held honorary Doctorate of Science raise community awareness on existing serv- natural crown jewel second to none in its mag- degrees from Tufts College (1953) and from ices and resources, and provide a valuable nificent splendor. Though other canyons may the University of Alaska (1954). His writings form to identify and address unmet local have greater depth or descend on a steeper included ``The Next 50 Years of Flight,'' his needs. It is without hesitation that I say that course, few combine these attributes as autobiography ``Come North With Me'' (Dutton Nova Southeastern University has had a tre- breathtakingly as does the Black Canyon. 1958), and a cookbook published in Norway. mendous impact on the life of all South Florid- Until his death on October 17, 1973, Bernt If ever there was a place worthy of the pres- ians. Balchen served as a consultant to the U.S. Air tigious status that only national park status Mr. Speaker, Nova Southeastern University Force and to leading corporations, including can afford, Mr. Speaker, it is the Black Can- has spent the last 35 years demonstrating its General Precision and General Dynamics, on yon. But as you know, national parks don't just strong commitment to the well-being and edu- Polar and Arctic matters, on energy problems happen. In this case, it took nearly 15 years, cation of the Florida community. I am ex- and defense considerations. several Congressional Representatives and tremely proud to celebrate this anniversary In addition to Bernt Balchen's being honored Senators, innumerable locally elected officials, with administration, students, and alumni of by the 70,000 members of the Sons of Nor- and a virtual sea of committed citizens in NSU. Reflecting on their success of the past, way, Alaska's Governor, Tony Knowles, pro- western Colorado. I wish everyone at NSU the best as the uni- claimed October 23, 1999 as ``Polar Flight Included in this group are the good people versity turns its eyes to the immediate future. Day.'' Furthermore, the Alaska Legislature as of Olathe, Colorado. During this long and at f well as the Municipality of Anchorage, Alaska times difficult process, Olathe's civic leaders proclaimed October 23, 1999 as ``Bernt have given tirelessly and beyond measure in RECOGNIZING THE 1999 RECIPI- Balchen Day,'' a fitting tribute to this out- the hopes of making the Black Canyon a na- ENTS OF THE MICHIGAN WOM- standing Norwegian-American on the anniver- tional park. Again and again these great EN’S HALL OF FAME sary of his 100th birthday. Americans rose to the challenge, doing every- Bernt Balchen is buried in Arlington Ceme- thing in their power to fulfill this dream. With- HON. DEBBIE STABENOW tery alongside Admiral Byrd. During the inter- out Olathe's leadership and perseverance, OF MICHIGAN ment services, a red-tipped C±54 from his none of what we have accomplished would IN THE HOUSE OF REPRESENTATIVES former Alaskan Command flew over Arlington have ever been possible. Cemetery in a touching farewell. It is with this, Mr. Speaker, that I give my Thursday, October 21, 1999 Balchen's headstone at Arlington Cemetery thanks to the people of Olathe who played a Ms. STABENOW. Mr. Speaker, this year the reads: ``Today goes fast and tomorrow is al- leading role in making the Black Canyon of Michigan Women's Historical Center will induct most here. Maybe I have helped a little in the the Gunnison National Park a wonderful reality ten members into the Michigan Women's Hall change. So I go on to the next adventure, for Colorado, America, and the world to enjoy. of Fame. These remarkable individuals from

VerDate 1299 06:11 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A21OC8.011 pfrm12 PsN: E21PT1 E2158 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1999 the past and the present have made note- cluster in lower-end data entry and word proc- the Alcohol and Drug Abuse Committee of the worthy inroads in expanding opportunities and essing classes. Boys, on the other hand, con- Hudson County Human Services Advisory creating greater equality for Michigan women. tinue on to higher-skill, more challenging com- Committee. Tonight at the Sixteenth Annual Michigan puter courses such as computer programming For his remarkable contributions to the fight Women's Hall of Fame Awards Dinner, each and problem-solving. We cannot afford, as a against civil and human rights violations, spe- of these individuals will be recognized for their nation, to waste such a precious resource in cifically in regard to the fight against the significant contributions. I would like to con- this way. Cuban Communist Regime, I ask my col- gratulate the 10 new Hall of Fame members The trend in educational initiatives is to give leagues to join me in congratulating Mr. and thank them for blazing a trail for women every student access to a computer and the Estevez on a truly exceptional career and to to follow in future. Internet by the year 2000. These computers wish him luck in all his future endeavors. Contemporary Honorees include writer and and the Information Highway have become as humanist Doris DeDeckere; nature columnist essential to the learning process as pencils f Margaret Drake Elliot; Elizabeth Homer, who and paper. We must ensure that girls in the TRIBUTE TO THE BLACK CANYON has fought for educational and professional classroom are equal partners in these oppor- OF THE GUNNISON NATIONAL equality for women; and Sister Ardeth Platte, tunities and that teachers recognize and en- PARK AND THOSE WHO MADE IT who has committed her life to social justice courage their participation in technological POSSIBLE and eliminating violence training. Historical Honorees include Patricia Bee- While steps have been made in narrowing man, a member of the Southern African Lib- the gender gap, girls and young women still HON. SCOTT McINNIS eration Committee, who fought to educate encounter barriers in the classroom. Congress OF COLORADO Michiganites on apartheid in South Africa; the has an obligation to ensure that all students IN THE HOUSE OF REPRESENTATIVES first woman minister in the United States, attain the highest standards and obtain the re- Thursday, October 21, 1999 Olympia Brown, the first woman to head the sources and tools needed to succeed in the Detroit Police Department's Women's Division, new millennium. I urge my colleagues to vote Mr. McINNIS. Mr. Speaker, it is with an Eleonore Hutzel; dietitian, writer and child ad- in favor of including this act as an amendment overwhelming sense of pride that I now rise to vocate Ella Eaton Kellogg; and Emily Burton to the Student Results Act, H.R. 2. pay tribute to a truly historic event in the proud Ketcham, a Grand Rapids woman who fought f and distinguished history of the great State of for women's right to vote. Colorado: the establishment of the Black Can- Dr. Peter T. Mitchell, President of Albion IN HONOR OF MR. GUILLERMO yon of the Gunnison National Park. College, was recognized with the Phillip A. ESTEVEZ ON HIS RETIREMENT As the House sponsor of legislation that re- Hart Award for his contributions nationally to FROM THE NEW JERSEY OFFICE designated the Black Canyon as a national improving educational opportunities for OF THE INTERNATIONAL RESCUE park, it gives me great joy to describe for this women. COMMITTEE esteemed body's record the beauty of this f truly majestic place. In addition, I would like to HON. ROBERT MENENDEZ offer my gratitude to a community of individ- STUDENT RESULTS ACT OF 1999 OF NEW JERSEY uals instrumental in the long process that ulti- mately yielded the establishment of the Black IN THE HOUSE OF REPRESENTATIVES SPEECH OF Canyon of the Gunnison National Park. HON. MICHAEL P. FORBES Thursday, October 21, 1999 Mr. Speaker, anyone who has visited the OF NEW YORK Mr. MENENDEZ. Mr. Speaker, I rise today Black Canyon can attest to its awe-inspiring natural beauty. Named for the dark rock that IN THE HOUSE OF REPRESENTATIVES to recognize Mr. Guillermo Estevez, Director of the New Jersey Office of the International makes up its sheer walls, the Black Canyon is Wednesday, October 20, 1999 Rescue Committee, for 20 years of dedicated largely composed of what geologists call base- The House in Committee of the Whole service, and to congratulate him on his retire- ment rocks, the oldest rocks on the earth esti- House on the State of the Union had under ment from the organization. mated at 1.7 billion years old. With its narrow consideration the bill (H.R. 2) to send more From volunteer to Director, Mr. Estevez has openings, sheer walls, and scenic gorges that dollars to the classroom and for certain had a remarkable career with the International plunge 2000 feet into the clear blue majesty of other purposes: Rescue Committee, Inc. Mr. Estevez and IRC the Gunnison River, the Black Canyon is a Mr. FORBES. Madam Chairman, efforts to provided assistance to more than 25,000 refu- natural crown jewel second to none in its mag- achieve gender equity have made herculean gees from all over the world in the quest for nificent splendor. Though other canyons may strides in the past 25 years, but now is not the freedom. have greater depth or descend on a steeper time to look back with nostalgia and congratu- Since his arrival in the United States in course, few combine these attributes as late ourselves on how far we've come. We 1979, Mr. Estevez has been a pro-active lead- breathtakingly as does the Black Canyon. must look to how far we still have to go to en- er in the human rights struggle in Cuba. A po- If ever there was a place worthy of the pres- sure that everyone has equal access to the litical prisoner himself, who served more than tigious status that only national park status opportunities presented by the 21st century, 20 years in the jails of Communist Cuba, Mr. can afford, Mr. Speaker, it is the Black Can- as well as the means to meet the challenges Estevez has firsthand knowledge of the fla- yon. But as you know, national parks don't just of the new economy. The Women's Edu- grant disregard for civil and human rights on happen. In this case, it took nearly 15 years, cational Equity Act is a key to unlock that the island. several Congressional Representatives and door. The Act has focused on combating gen- Over the years, Mr. Estevez has spear- Senators, innumerable locally elected officials, der bias in the classroom, and provided funds headed many marches and demonstrations and a virtual sea of committed citizens in to programs that train teachers and supply in- against the Communist Regime in Cuba. western Colorado. structional materials to encourage girls to pur- Through the streets of New York City, Los An- Included in this group are the good people sue careers and instruction in those areas that geles, Washington, DC, Miami, Tampa, New of Paonia, Colorado. During this long and at will drive our commerce in the futureÐmath, Orleans, and various cities in my home State times difficult process, Paonia's civic leaders science, engineering and technology. of New Jersey, Mr. Estevez has been instru- have given tirelessly and beyond measure in Since the implementation of the act in 1974, mental in shining a light on the too often over- the hopes of making the Black Canyon a na- girls have improved in areas such as math shadowed abuses in Cuba. tional park. Again and again these great and science, but they have been left behind in In Mr. Estevez's fight for a free and demo- Americans rose to the challenge, doing every- learning the technological skills needed to cratic Cuba, he founded, organized, and thing in their power to fulfill this dream. With- compete in tomorrow's economy. The new served as first General Coordinator of the out Paonia's leadership and perseverance, global economy demands these skills. Tech- Cuban Civic Committee. Mr. Estevez's efforts none of what we have accomplished would nological literacy is essential for success in were rewarded when he was recently named have ever been possible. the workforce. Next year, 65 percent of jobs to the Free Cuba Task Force by the Governor It is with this, Mr. Speaker, that I give my will require some technological skills. Why, of the State of New Jersey. thanks to the people of Paonia who played a then, do a very small percentage of girls take Mr. Estevez was the first Hispanic member leading role in making the Black Canyon of computer science courses? Of the girls that do of the Board of Trustees of the New Jersey the Gunnison National Park a wonderful reality participate in computer classes, they tend to State Prison Complex and was a member of for Colorado, America, and the world to enjoy.

VerDate 1299 06:11 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A21OC8.012 pfrm12 PsN: E21PT1 October 21, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2159 BATTERED IMMIGRANT WOMEN victims this opportunity to remain in the U.S. and children to obtain permanent immigra- is an important step in the efforts of law en- tion status without leaving the U.S. forcement to protect the victims and prosecute The Battered Immigrant Women Protec- HON. JANICE D. SCHAKOWSKY tion Act would: OF ILLINOIS and investigate cases of domestic abuse and Allow for adjustment of status for VAWA IN THE HOUSE OF REPRESENTATIVES trafficking of aliens. self-petitioners, thus allowing women to re- I'd like to share the story of ``Celeste'' to il- Thursday, October 21, 1999 main in the U.S. while awaiting their green lustrate the dire need for this legislation. cards; Ms. SCHAKOWSKY. Mr. Speaker, I am Celeste was born in Mexico. She met her Prevent changes in abuser’s status from proud to introduce legislation to address the husband, Ronaldo, a lawful permanent resi- undermining victim’s petitions; gaps, errors, and oversights in current law that dent of the United States in 1991. They imme- Provide for numerous waivers and excep- impede the ability of battered immigrant diately began dating and fell in love. Four tions to inadmissibility for VAWA eligible women to flee violent relationships and survive months later, they married, and Celeste applicants; Improve access to VAWA for battered im- economically. The Battered Immigrant Women moved with her husband to Chicago. migrant women who are married to members Protection Act of 1999 would restore provi- For the first five months things went well. of the armed forces, married to bigamists, sions that allow battered women, who are enti- Celeste became pregnant, but soon after, and victims of elder abuse; tled to permanent residency, to file their own things began to change. He suddenly became Allow for discretionary waivers for good application for immigrant status without requir- unpredictable and controlling. He began to moral character determinations; ing the cooperation of their abusive spouses. abuse Celeste. Give VAWA applicant access to work au- It would also allow them to remain in the Celeste feared for her safety and that of her thorization; United States while awaiting their green cards. son. Ronaldo had promised to file a visa peti- Protect certain crime victims including tion for Celeste when she came to the United crimes against women; This legislation would also ensure that bat- Allow VAWA applicants access to food tered immigrants with pending immigration ap- States, but then refused to keep his promise stamps, SSI, housing and legal services; plications are able to access public benefits, unless she paid him a lot of money. Train judges, immigration officials, armed food stamps, SSI, housing, work permits and Celeste was left with only two choices: re- forces supervisors and police on VAWA im- immigration relief. port the abuse to the police and face certain migration provisions; October is Domestic Violence Awareness deportation or say nothing and live with the Provide permanent immigration status for Month, and domestic violence has grown to abuse. immigrant victims of elder abuse. epidemic proportions. It is the single largest If this critical piece of legislation is passed, f cause of injury to women in the United States. thousands of women around the country like It is in every neighborhood and community Celeste will be able to leave their abusive IMF SHOULD PAY INTEREST ON throughout our Nation. Domestic abuse does spouses and petition for citizenship on their ALL U.S. FUNDS USED not discriminate. Rural and urban women of all own. Additionally, they will be authorized to religious, ethnic, economic, and educational work and will have access to basic services HON. JIM SAXTON backgrounds; of varying ages, physical abili- like transitional housing and counseling to help OF NEW JERSEY ties, and lifestyles can be affected by domestic them get on their feet. IN THE HOUSE OF REPRESENTATIVES There is no reason to wait. We must act violence. Thursday, October 21, 1999 A woman's reasons for staying in an abu- now to end the injustice, solve this problem, sive relationship are more complex than a and help these women and their children. it is Mr. SAXTON. Mr. Speaker, under legislation statement about her strength of character. In wrong to stand idly by as battered women and I am introducing today, the International Mone- many cases, it is dangerous for a woman to their children are forced to choose between a tary Fund [IMF] would have to pay interest on leave her abuser. On average, a typical bat- black eye and broken arm or a one-way ticket all the U.S. reserves it taps, or face a cut-off tered woman attempts to leave her abusive re- out of the country. of future U.S. funds. The failure of the IMF to lationship five to seven times before she I submit the following summary of the bill. pay full interest to the U.S. has been esti- achieves permanent separation from her BATTERED IMMIGRANT WOMEN PROTECTION mated to cost a cumulative $2.7 billion, or batterer. ACT OF 1999 $150 million annually. This fleecing of the tax- This pattern indicates that battered women The Battered Immigrant Women Protec- payer should be ended before any further U.S. often lack adequate independent living and tion Act of 1999 continues the work that funds are even considered for the IMF. No employment options. We must take the next began with the passage of the first Violence U.S. approval of IMF gold sales, credit lines, step toward creating real solutions to the con- Against Women Act (VAWA) in 1994. Prior to or quota increases should be considered until tinuing problem of domestic violence. We must VAWA 1994, abusive citizens and permanent the U.S. is fully and fairly compensated for its residents had total control over their current financial support of IMF operations. help women and families achieve economic spouse’s immigration status. As a result, self-sufficiency so that they are able to escape battered immigrant women and children The IMF's failure to pay interest on all U.S. their violent relationships and secure protec- were forced to remain in abusive relation- reserves is another one of many inconvenient tion. ships, unable to appeal to law enforcement facts that has never been disclosed or ex- Sadly though, in addition to the lack of ade- and courts for protection for fear of deporta- plained to the U.S. Congress or to the public. quate housing and employment options for tion. It provides yet another example of the lack of many victims of domestic abuse, immigrant VAWA 1994 immigration provisions rem- transparency so characteristic of the IMF and women and their children who suffer every edied the situation by allowing battered im- its activities. The disclosure of this failure of migrants to file their own applications for day at the hands of abusers face one more immigration relief without the cooperation the IMF to pay interest on all U.S. reserves is threatÐthe threat of deportation. Battered of their abusive spouse, enabling them to one result of the Joint Economic Committee women often experience shame, embarrass- safely flee violence. Despite the successes of research program on the IMF. The JEC finding ment and isolation. For immigrant women, the immigration provisions of VAWA 194, was recently confirmed and quantified in an who often have no family support and whose subsequent legislation drastically reduced important new General Accounting Office immigration status is tied to the abusers, it is access to VAWA immigration relief for bat- [GAO] report, ``Observations on the IMF's Fi- even more difficult. In more ways than one, tered immigrant women and their children. nancial Operations.'' This bill seeks to restore, improve imple- These interest costs to the U.S. also high- they are held hostage by their abusers. mentation of and expand access to a variety The bill would expand legal protections for of legal protections for battered immigrants light the implausibility of the Administration's battered immigrant women so that they may so they may file violent homes, obtain court oft-repeated arguments that the IMF does not flee violent homes, obtain court protections, protection, cooperate in the criminal pros- cost taxpayers a dime, and that the U.S. must and cooperate in the criminal prosecution of ecution of their abusers, and take control of pay its fair share to the IMF. The U.S. already their abusers without fear of deportation. their lives without the fear of deportation. provides over one-quarter of the IMF's usable It also ensures that women who are victims Under current law, many battered immi- resources, but it is the IMF that is short- of terrible crimes, such as rape, incest, torture, grants are forced to leave the US to obtain changing the U.S., not the other way around. their lawful permanent residence. Leaving battery, sexual assault, female genital mutila- the US may put women at risk of violence U.s. taxpayers have been more than generous tion, and forced prostitution, can remain tem- from their abusers and would deny them the to the IMF, a specialized agency of the United porarily in the United States. These women protection provided by courts, legislation, Nations Organization. would then be able to apply for lawful perma- custody decrees, and law enforcement. This There can be little doubt that very few mem- nent residency at a later date. Giving these bill will allow battered immigrant women bers of Congress would defend the current

VerDate 1299 06:11 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A21OC8.018 pfrm12 PsN: E21PT1 E2160 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1999 IMF practice that has cost the U.S. $2.7 billion CONFERENCE REPORT ON H.R. 2670, alternative resources available for non-criminal to date. Although many issues involving the DEPARTMENTS OF COMMERCE, immigrants that are available on the U.S. IMF are controversial, the IMF's full and fair JUSTICE, AND STATE, THE JUDI- mainland to supplement federal resources. payment of interest on all U.S. reserves pro- CIARY, AND RELATED AGENCIES I believe that special budget requests from vided is one area in which wide agreement APPROPRIATIONS ACT, 2000 U.S. Territories in Congress are perhaps the should be possible. The current IMF practice greatest challenges territorial delegates face SPEECH OF during our terms in office. Our needs and our of shortchanging the U.S. simply is not defen- HON. ROBERT A. UNDERWOOD states are often misunderstood because our sible. distances from the mainland U.S. are great. OF GUAM Apart from federal programs that both states f IN THE HOUSE OF REPRESENTATIVES and territories can participate, any other re- Wednesday, October 20, 1999 quests outside of the norm can be a frus- A SPECIAL TRIBUTE TO THE OAK Mr. UNDERWOOD. Mr. Speaker, I rise in trating ordeal. We are vulnerable to federal HARBOR HOTEL ON THE OCCA- opposition to the Conference Report of H.R. interagency differences about how to treat the SION OF ITS ONE-HUNDREDTH 2670, the Commerce, Justice, State appropria- territories as well as having little leverage dur- ANNIVERSARY CELEBRATION tions bill for FY 2000. This legislation fails to ing the appropriations process. provide for adequate funding for many issues I am appreciative for the collaboration and important to the safety of our communities and support of the President for including reim- HON. PAUL E. GILLMOR our families. Programs such as the President's bursement for Guam as part of his Administra- OF OHIO Community Oriented Policing initiative requires tion's priorities during the appropriations proc- ess. I remain confident that the President is IN THE HOUSE OF REPRESENTATIVES full funding to put more officers in our neigh- borhoods and on our streets to safeguard our committed to reimbursing Guam for shoul- Thursday, October 21, 1999 children. I am also disappointed that Con- dering the costs of the federal government's ferees did not include legislation that would responsibility and I remain committed to work- Mr. GILLMOR. Mr. Speaker, it is my distinct have expanded the definition of hate crimes to ing with my colleagues to ensure that Guam is reimbursed for all past, present and future honor and privilege to rise today to pay tribute include acts committed against a person costs related to the detention of illegal aliens to a special event taking place this weekend based on sexual orientation, gender or dis- on Guam. in Ohio's Fifth Congressional District. Begin- ability. Furthermore, I oppose this Conference f ning today and continuing through Sunday, Report because it also does not include any October 24, 1999, the Oak Harbor Hotel will federal reimbursement to the Territory of CORAL REEF CONSERVATION celebrate its One-Hundredth Anniversary. Guam for taking on the federal responsibility In the final year of the Nineteenth Century, to detain illegal aliens seeking asylum in the HON. ENI F.H. FALEOMAVAEGA the Keubler Brewing Company of Sandusky United States. In this first half of this year OF AMERICAN SAMOA alone, Guam has spent more than $8 million decided to take an enormous step and build a IN THE HOUSE OF REPRESENTATIVES in behalf of the Immigration and Naturalization hotel in Oak Harbor, Ohio. With a new railway Thursday, October 21, 1999 Service for housing illegal aliens attempting to line linking Toledo to points in the east, the enter the U.S. through Guam. From this month Mr. FALEOMAVAEGA. Mr. Speaker, I rise hotel would be used to serve the many who until the end of the year, an additional $5 mil- today to introduce legislation to authorize the came through Oak Harbor in search of a rest- lion will be spent. Secretary of Commerce, through the National ful night's lodging. The three-story hotel, com- In recent years, Guam has been subject to Oceanic and Atmospheric Administration, to plete with its thirty-four rooms, lounges, and illegal immigration from Asian countries, par- provide financial assistance for coral reef con- dining rooms, has served many travelers in ticularly from the People's Republic of China, servation projects, and for other purposes. the last one-hundred years. Its very presence partly because of the Asian economic crisis. In Coral reef ecosystems are the marine equiv- in Oak Harbor and its grandiose appearance just the first four months of 1999, Guam was alent of tropical rain forests, containing some make it a truly remarkable building. the recipient of more than 700 Chinese illegal of the planet's richest biological diversity and supporting thousands of species of fish, inver- aliens seeking political asylum in the United For the past century, the Oak Harbor Hotel tebrates, algae, plankton, sea grasses and States. Never before had Guam experienced has long been a centerpiece of this wonderful other organisms. The reef itself is composed such a surge of illegal immigration from Asia. community. Located on the shores of Lake of the massed calcareous skeletons of millions This surge depleted INS financial resources Erie, the Oak Harbor Hotel continues to fill its of sedentary, living animals (the corals). Coral rooms to capacity with travelers throughout on Guam and forced the Government of reef communities are both exceptionally pro- the year. Its history is long and its deÂcor is Guam to incur detention costs to our local cor- ductive and diverse. Although coral reefs breathtaking. Through all its changesÐfrom rectional facility, which is already over- cover less than 1 percent of the Earth's sur- crowded, at a cost of nearly $45,000 per day operating the first telephone in town to hous- face, fully one-fourth of all ocean species live for more than 430 current alien detainees. ing the area Post OfficeÐthis elegant and vi- in or around the reefs of the world, including Since the start of the year, I along with Gov- brant hotel has remained strong in its service 65 percent of marine fish species. Southeast ernor of Guam Carl Gutierrez, have been Asian reefs alone support an estimated 5 to and dedicated to those who occupied its working with the Clinton Administration to ad- rooms. 15 times the number of fish found in the North dress the surge of illegal immigration from Atlantic Ocean. Reefs surrounding the Pacific Mr. Speaker, the Oak Harbor Hotel symbol- China. With their cooperation and also with island of Palau contain 9 species of sea-grass, izes all that is good in our communitiesÐ the collaboration of the U.S. Coast Guard and more than 300 species of coral and 2,000 va- grace, elegance, and beauty. Over the last the Commonwealth of the Northern Mariana rieties of fish. one-hundred years, the Oak Harbor Hotel has Islands, illegal immigrationÐfor nowÐhas Coral reefs have great commercial, rec- hosted many community groups, organiza- slowed. However, there remains more than reational, cultural and esthetic value to human tions, and clubs. In fact, the Rotary Club has 430 alien detainees that are housed in communities. They supply shoreline protec- met there nearly continuously since 1941. Guam's correctional facility awaiting for the tion, areas of natural beauty, and sources of With its spacious and stylish dining, reception INS asylum process to run its course. food, pharmaceuticals, jobs and revenues rooms, and state-of-the-art kitchen, the Oak Illegal immigration into the United States is through activities such as education, research, Harbor Hotel is often the site of wedding re- a federal responsibility. Because of Guam's tourism and fishing. Coral reef ecosystems hearsals and receptions, banquets, and com- proximity to Asia, it is incumbent that federal provide the main source of animal protein for munity events. agencies assist the Government of Guam in more than 1 billion people in Asia. combating this serious problem on our shores. Studies indicate that coral reefs in the Mr. Speaker, the individuality of our culture Guam's size of only 212 square miles and a United States and around the world are being and the warmth of our spirit are embodied in population of 150,000 does not lend itself to degraded and severely threatened by human our communities and places like the Oak Har- unexpected and significant increases in the and environmental impacts. Land-based pollu- bor Hotel. I would urge my colleagues to stand immigrant population. Any increases translate tion, over-fishing, destructive fishing practices, and join me in paying special tribute to the into serious social and financial repercussions vessel groundings, and climate change all af- Oak Harbor Hotel on its One-Hundredth Anni- because our resources have been strained by fect coral reef ecosystems. Of particular con- versary. the Asian economic crisis and we do not have cern is the effect of multiple impacts on coral

VerDate 1299 06:11 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A21OC8.018 pfrm12 PsN: E21PT1 October 21, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2161 reef health. With increases in ocean tempera- enhance degraded or injured coral reefs; or power in the hands of the president, though tures, development in coastal areas sur- (2) for the conservation of coral reefs and their there are tendencies in that direction, and up- rounding coral reefs, and continued over-fish- ecosystems through mapping and assess- coming elections in 2000 may bring out the ing, more and more reef ecosystems are ment, management, protection, scientific re- worst in President Akaev. But elsewhere, the showing signs of profound stress. These indi- search, and monitoring. These projects would promise of the early 1990's, when the five cators include widespread bleaching events, be funded 75 percent by the Federal Govern- Central Asian countries along with all former when corals lose the ability to grow, and evi- ment, and 25 percent by the non-Federal part- Soviet republics were admitted to the Con- dence that coral diseases such as black band ner. The non-Federal partner's share could be ference on Security and Cooperation in Eu- disease, white band disease, and aspergillosis an in-kind contribution. rope, has not been realized. Throughout the are increasing in frequency and extent. The bill also authorizes a national program region, super-presidents pay lip service to Since 1994, under the United States Coral through the Secretary of Commerce to further OSCE commitments and to their own constitu- Reef Initiative, Federal agencies, State, local the conservation of coral reefs and their eco- tional provisions on separation of powers, and territorial governments, non-governmental systems on a regional, national or international while dominating the legislative and judicial organizations, and commercial interests have scale, or that furthers public awareness of and branches, crushing or thwarting any opposition worked together to design and implement education about coral reefs on these broader challenges to their factual monopoly of power, management, education, monitoring, research, scales. The activities under this program and along with their families and favored few, and restoration efforts to conserve coral reef should supplement the programs under exist- enjoying the benefits of their countries' wealth. ecosystems. ing federal statutes. Indeed, though some see the main problem The year 1997 was recognized as the Year For the past two centuries, abandoned ves- of Central Asia through the prism of real or al- of the Reef to raise public awareness about sels have damaged coral reefs to the det- leged Islamic fundamentalism, the Soviet leg- the importance of conserving coral reefs and riment of our nation. Often times the owners of acy, or poverty, I am convinced that the es- to facilitate actions to protect coral reef eco- the vessels are unable or unwilling to pay for sence of the problem is more simple and de- systems. On October 21, 1997, the 105th the damage these vessels cause. Section 8 of pressing: presidents determined to remain in Congress agreed to House Concurrent 8, a this bill is designated to address this problem office for life must necessarily develop repres- resolution recognizing the significance of by prohibiting the documentation of vessels sive political systems. To justify their cam- maintaining the health and stability of coral the owners of which have abandoned vessels paign to control society, Central Asian leaders reef ecosystems by promoting comprehensive on U.S. coral reefs and the vessel either re- constantly point to their own national traditions stewardship for coral reef ecosystems, dis- mains on a reef, or was removed from the reef and argue that democracy must be built slow- couraging unsustainable fisheries or other using certain Federal funding, which has not ly. Some Western analysts, I am sorry to say, practices harmful to coral reefs, encouraging been re-paid to the United States Govern- have bought this ideaÐin some cases, quite research, monitoring, assessment of, and edu- ment. literally, by acting as highly paid consultants to cation on coral reef ecosystems, improving co- The bill also establishes legal liability to the oil companies and other business concerns. ordination of coral reef efforts and activities of United States for persons who destroy, cause But, Mr. Speaker, building democracy is an federal agencies, academic institutions, non- the loss of, or injure any coral reef in the act of political will above all. You have to want governmental organizations, and industry, and United States. The amount of liability is set at to do it. If you don't, all the excuses in the promoting preservation and sustainable use of the cost to respond to the activity, including world and all the state institutions formed in coral reef resources worldwide. the costs of seizing and forfeiting the vessel Central Asia ostensibly to promote human The year 1998 was declared the Inter- causing the damage. The vessel causing the rights will remain simply window dressing. national Year of the Ocean to raise public damage to a U.S. coral reef may be seized Moreover, the much-vaunted stability offered awareness and increase actions to conserve with the amount of liability constituting a mari- by such systems is shaky. The refusal of lead- and use in a sustainable manner the broader time lien on the vessel. Costs recovered under ers to allow turnover at the top or newcomers ocean environment, including coral reefs. Also this section would be used as reimbursement to enter the game means that outsiders have in 1998, President Clinton signed Executive for past costs incurred under the section, and no stake in the political process and can imag- Order 13089 which recognizes the importance to restore the damaged coral reef, prevent fu- ine coming to power or merely sharing in the of conserving coral reef ecosystems, estab- ture threats, or for educational purposes. wealth only be extra-constitutional methods. lishes the Coral Reef Task Force under the The bill directs the Secretary of Commerce For some of those facing the prospect of per- joint leadership of the Departments of Com- to promulgate within 90 days regulations nec- manent exclusion, especially as living stand- merce and Interior, and directs Federal agen- essary to implement the provisions of the bill. ards continue to fall, the temptation to resort cies whose actions may affect United States Finally, the bill authorizes $20,000,000 to be to any means possible to change the rules of coral reef ecosystems to take steps to protect, appropriated for each of the fiscal years 2001 the game, may be overwhelming. Most peo- manage, research and restore these eco- through 2005, and establishes percentages of ple, however, will simply opt out of the political systems. appropriated amounts for the programs con- system in disillusionment and despair. The bill would make it the policy of the tained in the bill. Against this general context, without doubt, United States to (1) conserve and protect the f the most repressive countries are ecological integrity of coral reef ecosystems; Turkmenistan and Uzbekistan. Turkmenistan's (2) maintain the health, natural conditions, and CENTRAL ASIA: THE ‘‘BLACK President Niyazov, in particular, has created a dynamics of those ecosystems; (3) reduce and HOLE’’ OF HUMAN RIGHTS virtual North Korea in post-Soviet space, com- remove human stresses affecting reefs; (4) re- plete with his own bizarre cult of personality. store coral reef ecosystems injured by human HON. CHRISTOPHER H. SMITH Turkmenistan is the only country in the former activities, and (5) promote the long-term sus- OF NEW JERSEY Soviet bloc that remains a one-party state. tainable use of coral reef ecosystems. IN THE HOUSE OF REPRESENTATIVES Uzbekistan, on the other hand, has five parties The purposes of this legislation are to (1) but all of them are government-created and preserve, sustain, and restore the health of Thursday, October 21, 1999 controlled. Under President Islam Karimov, no coral reef ecosystems; (2) assist in the con- Mr. SMITH of New Jersey. Mr. Speaker, I opposition parties or movements have been servation and protection of coral reefs by sup- rise today to introduce a resolution on the dis- allowed to function since 1992. In both coun- porting conservation programs; (3) provide fi- turbing state of democratization and human tries, communist-era controls on the media re- nancial resources for those programs; and (4) rights in Central Asia. As is evident from many main in place. The state, like its Soviet prede- establish a formal mechanism for collecting sources, including the State Department's an- cessor, prevents society from influencing pol- and allocating monetary donations from the nual reports on human rights, non-govern- icy or expressing its views and keeps the pop- private sector to be used for coral reef con- mental organizations, both in the region and ulation intimidated through omnipresent secret servation projects. the West, and the work of the Helsinki Com- police forces. Neither country observes the The bill establishes a Coral Reef Restora- mission, which I chair, Central Asia has be- most fundamental human rights, including tion and Conservation Program through the come the ``black hole'' of human rights in the freedom of religion, or permits any electoral Secretary of Commerce. This program will OSCE space. challenges to its all-powerful president. provide funding for projects that: (1) restore True, not all Central Asia countries are Kazakstan's President Nursultan Nazarbaev degraded or injured coral reefs and their eco- equal offenders. Kyrgyzstan has not joined its has played a more clever game. Pressed by systems, including developing and imple- neighbors in eliminating all opposition, tightly the OSCE and Western capitals, he has for- menting cost-effective methods to restore or censoring the media and concentrating all mally permitted opposition parties to function,

VerDate 1299 06:11 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A21OC8.021 pfrm12 PsN: E21PT1 E2162 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1999 and they did take part in the October 10 par- trict's Autism Coordinator, training staff, setting Southampton Elks Lodge 1574. Its long and liamentary election. But once again, a major up home programs, and continuing to provide rich history dates back to December 7, 1929, opposition figure was not able to participate, solutions to many of these baffling learning when 90 candidates were initiated by the Offi- and OSCE/ODIHR monitors, citing many disorders. cers of Patchogue Lodge 1323. The fraternal shortcomings, have criticized the election as Mrs. Edwards has been known to spend organization was founded on the principles of flawed. In general, the ability of opposition and many long hours on the job. She is a dedi- improving the quality of life on Eastern Long society to influence policymaking is marginal cated teacher who always has the time to talk Island and strengthening ties within the com- at best. At the same time, independent and with parents regarding their child's special munity. They have been fulfilling that pledge opposition media have been bought, coopted needs. As an educator, she rises to new chal- ever since. On July 10, 1930, the South- or intimidated out of existence or into coopera- lenges and tackles the most complex situa- ampton Lodge was awarded their Grand tion with the authorities, and those few that re- tions. The word ``no'' is not in her vocabulary. Lodge Charter. main are under severe pressure. Respected and admired by her peers, par- Elks in Suffolk County have long been Tajikistan suffered a devastating civil war in ents and students, Sonia Edwards, is a role known for their dedication in assisting and the early 1990's. In 1997, war-weariness and model for all of those who know her. comforting the veterans of our wars, especially a military stalemate led the disputants to a Colleagues, please join me today as I rec- those who are disabled or in distress. The peace accord and a power-sharing agreement. ognize and pay tribute to a gifted and talented Southampton Elks are very proud of the sym- But though the arrangement had promise, it teacher, Sonia Daniels Edwards. bol for which they foughtÐour national flag. now seems to be falling apart, as opposition f They not only promote and defend the flag but contenders for the presidency have been ex- also see it as a symbol of charity. Further- cluded from the race and the major opposition IN HONOR OF THE HISPANIC SUM- more, the efforts of the Elks to involve youth organization has decided to suspend participa- MER PROGRAM ON ITS 10TH AN- in the lives of our veterans should serve as a tion in the work of the National Reconciliation NIVERSARY AND DR. JUSTO model for community building in this country. Commission. GONZALEZ FOR HIS CONTRIBU- We cannot overlook the close attention they Mr. Speaker, along with large-scale ethnic TIONS TO THE ORGANIZATION pay to the individual members of society who conflicts like Kosovo or Bosnia, and unre- are in dire need of assistance. In the past, solved low-level conflicts like Nagorno- HON. ROBERT MENENDEZ they have donated such items as specially-de- Karabakh and Abkhazia, I believe the sys- OF NEW JERSEY signed bicycles, wheelchairs and other items temic flouting of OSCE commitments on de- IN THE HOUSE OF REPRESENTATIVES needed by the physically-challenged, helped mocratization and human rights in Central Thursday, October 21, 1999 local families pay for medical treatments, and Asia is the single greatest problem facing the assisted those whose homes have been lost OSCE. For that reason, I am introducing this Mr. MENENDEZ. Mr. Speaker, I rise today to fire. resolution expressing concern about the gen- to recognize the Hispanic Summer Program I am especially proud of their local assist- eral trends in the region, to show Central on its 10th Anniversary, and to recognize its ance when disaster strikes. During emergency Asian presidents that we are not taken in by Director, Dr. Justo Luis Gonzalez, for his dedi- situations, Southampton Elks have always their facade, and to encourage the disheart- cation and leadership in the organization. been, and I'm sure always will be, prepared to ened people of Central Asia that the United Born in Havana, Cuba, in 1937, Dr. Gon- assist by donating funds, volunteering their States stands for democracy. The resolution zalez has embodied the spiritual values of time, or doing whatever else is needed during calls on Central Asian countries to come into community, dignity, and ministry throughout times of difficulty. compliance with OSCE commitments on de- his life. His significant contribution to theo- Once again, I commend Southampton Elks mocracy and human rights, and encourages logical education over the past twenty-two Lodge 1574. Their unselfish, voluntary efforts the Administration to raise with other OSCE years has helped build a worldwide ecumeni- and generosity are a credit to the communities states the implications for OSCE participation cal network that serves as a model for aca- they serve. They are an asset to Long Island, of countries that engage in gross and uncor- demic globalization. and I have no doubt that they will continue rected violation of freely accepted commit- Upon completion of college studies in Cuba, their good works and service strongly into the ments on human rights. Dr. Gonzalez studied at Yale University and new millennium. Mr. Speaker, I hope my colleagues will join received three graduate degrees there, includ- f me, Mr. HOYER, and Mr. FORBES in this effort ing a doctorate. He was ordained as a Meth- and we welcome their support. odist Minister and, in 1969, he became an UNITED STATES JAYCEES RE- SOLVE SOCIAL SECURITY NEEDS f American citizen. Dr. Gonzalez has educated students as a REFORM IN HONOR OF SONIA DANIELS professor at the Evangelical Seminary in Puer- EDWARDS, M.A., C.C.C.S.L.P. to Rico and at the Candler School of Theology HON. BOB SCHAFFER at Emory University. He is the author of more OF COLORADO HON. LORETTA SANCHEZ than sixty books and hundreds of articles, IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA which can be found in the Spanish, English, Thursday, October 21, 1999 IN THE HOUSE OF REPRESENTATIVES Chinese, Russian, and Korean communities. Mr. SCHAFFER. Mr. Speaker, the United Thursday, October 21, 1999 Currently, Dr. Gonzalez is committed to theological education in a variety of ways, in- States Jaycees, numbering 115,000 individual Ms. SANCHEZ. Mr. Speaker, today I rise to cluding serving as editor of ``Apuntes'', a jour- members, recently adopted a resolution enti- congratulate Sonia Daniels Edwards, M.A., nal of Hispanic theology published in the tled, ``Legislation to Ensure the Future Eco- C.C.C.S.L.P., who has been named ``Teacher United States. nomic Solvency of the Social Security Sys- of the Year for Fountain Valley.'' Mrs. Edwards For his remarkable commitment to theo- tem.'' has been awarded the title, ``Teacher of the logical education, I ask my colleagues to join The Jaycees, whose vision is to ``become Year'' for her outstanding contributions to edu- me in congratulating Dr. Justo and the His- the organization of choice for young people, cation. She is the first speech and language panic Summer Program on its 10th Anniver- providing direction and leadership to our com- pathologist selected for this prestigious award. sary. munities and nation,'' conducted more than 75 As a speech and language therapist, Sonia f Social Security town hall meetings across Edwards is always at the cutting edge of new America, reporting that 79% of the surveyed research and developments in speech and CONGRATULATING SOUTHAMPTON participants think it needs radical or major re- language. Her ability to diagnose and develop ELKS ON THEIR 70TH ANNIVER- form. When asked if there should be imple- individualized programs for students has re- SARY mentation of a program that allows individuals sulted in the identification and solution to prob- to place their Social Security contributions lems that were interfering with the individual HON. MICHAEL P. FORBES from their current wages in their own personal students ability to learn. Mrs. Edwards ability OF NEW YORK retirement account and require(s) them to to solve these learning ``mysteries'' gained her IN THE HOUSE OF REPRESENTATIVES maintain that account for retirement only, 77% the confidence and admiration of her fellow either strongly favored or favored that idea. professionals. Thursday, October 21, 1999 This resolution's recommendations include Mrs. Edwards speciality is autism. During Mr. FORBES. Mr. Speaker, I rise today to reforming Social Security, the need for per- the past two years, she has served as the dis- mark the 70th anniversary of the founding of sonal retirement accounts and for directing

VerDate 1299 06:11 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A21OC8.024 pfrm12 PsN: E21PT1 October 21, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2163 part of the budget surplus to the solvency of WHEN WILL CROATIA BECOME A publishers for critical comments deemed Social Security. It was delivered to me by DEMOCRACY? ``criminal'' for allegedly insulting the honor or Penni Zelinkoff, president of the Colorado Jay- dignity of high officials. In Croatia, it seems cees and incoming vice president of the HON. CHRISTOPHER H. SMITH that alleged criminal activity by officials uncov- United States Junior Chamber of Commerce; OF NEW JERSEY ered by independent journalists can be pro- and Tana Bewly, incoming president of the IN THE HOUSE OF REPRESENTATIVES tected under a broad definition of ``state se- Colorado Jaycees. I believe the resolution is crets.'' of vital interest to my constituents and the Thursday, October 21, 1999 United States Congress. Therefore, I hereby Mr. SMITH of New Jersey. Mr. Speaker, in On the nationalist front, Serbs (who once submit for the RECORD, the full text of the the decade since multi-party elections first represented over ten percent of Croatia's pop- United States Jaycees' recommendations for began to be held in what were the one-party ulation) still have difficulty returning homeÐ Social Security's continued solvency. states of East-Central Europe, the political many fled in 1991 and 1995Ðand those who leaders and societies of many of these states have returned face difficulties in getting their RESOLUTION—CALL FOR LEGISLATION TO EN- property back or obtaining government assist- SURE THE FUTURE ECONOMIC SOLVENCY OF have committed themselves to building demo- THE SOCIAL SECURITY SYSTEM cratic institutions, respecting the rule of law ance. Statements by officials often create an Whereas, the membership of The United and tolerating social diversity. Some have environment which make individuals believe States Junior Chamber of Commerce, as well done well; others have not. One country which they can get away with more direct, physical as most America is concerned about the eco- should have done well, but so far has not, is harassment of the Serbs. While many Serbs nomic future of Social Security System; and Croatia. I ask, ``Why?'' may not be able even to participate in the vot- Whereas, payroll deductions will have to be Many will assert, with considerable credi- ing for the upcoming elections, Croatian au- dramatically increased or benefits signifi- bility, that Croatia faced until 1995 the added thorities are considering the reduction from cantly decreased unless Social Security is burdens of Yugoslavia's violent demise, bring- three seats to one seat for Serb representa- reformed; and ing months of conflict in 1991, and the occu- Whereas, we need to meet our Social Secu- tion in the Croatian Parliament, or Sabor. rity promises to existing and future retirees; pation of considerable territory by Serb mili- Meanwhile, the ``diaspora'' vote sways the loy- and tants. We should not minimize the sense of alties of Bosnia's indigenous Croat population, Whereas, the number of retirees will al- victimization felt by the people of Croatia at and Croatian President Tudjman recently res- most double by the year 2030; and that time. Indeed, I was in Vukovar in 1991, urrected notions of a Croat entity in Bosnia- Whereas, The United States Junior Cham- when it was still under siege, and personally Herzegovina. While Croatia's citizenship law ber of Commerce has conducted surveys at saw the awful things that were happening to still makes it difficult for members of the Serb seventy-five Social Security Town Hall the people there. Similarly, we cannot ignore and sometimes other minority communities to Meetings in forty different states; and the effect in Croatia of the continued presence Whereas, The United States Junior Cham- get citizenship, voting rights are extended to of Croats from Bosnia-Herzegovina who still ethnic Croats abroad on the discredited basis ber of Commerce has testified before Con- cannot safely return to their homes in what is gress to address these concerns; and of blood ties alone. now the entity of Republika Srpska. Whereas, as a result of The United States Tudjman further claimed this last week that Junior Chamber of Commerce’s Social Secu- However much one may want to give Cro- rity Town Hall Report, an overwhelming ma- atia the benefit of the doubt, in the eight years Croatian generals cannot be held accountable jority approved the establishment of indi- since the tragic events following the assertion for the commission of war crimes and crimes vidual retirement accounts; and of statehood, and four years since the occu- against humanity. His resistance to coopera- Whereas, The U.S. Congress has introduced pied territories were either retaken or set for tion with the International Tribunal in The legislation for the establishment and main- subsequent reintegration, Croatia has become Hague is reprehensible, and, if it continues, tenance of individual retirement accounts; accustomed to its newfound independence. Its warrants a strong response by this Congress. and people have increasingly seemed desirous of Mr. Speaker, Croatian courts recently con- Whereas, The United States Junior Cham- becoming a more united part of European af- ber of Commerce has invested considerable victed Dinko Sakic, a commander of the fairs, including through the development of ties time and resources in the solvency of the So- Jasenovac concentration camp in Croatia dur- with the European Union and NATO. They are cial Security system; and ing World War II. The trial and its outcome say part of a sophisticated, well-educated society, Whereas, The United States Junior Cham- something positive not only about Croatia's ber of Commerce sees the need to get the av- feel more secure within their borders, and courts; the attention in Croatia given to this erage young American involved in the inter- want greater freedom and prosperity for them- est of their government; and selves and their children. Analysts have, for at case indicates an ability to acknowledge a Whereas, The United States Junior Cham- least two years, viewed the country as being horrible period in the past. More broadly, ber of Commerce should actively promote in a stage of real transition. Unfortunately, as Croats realize they must seek justice for the getting out the vote to secure these aims. this transition moves forward, it meets greater past and move forward so that they do not Now, therefore, be it resolved, That the resistance from those who have become en- sink their personal futures in the pit of extreme United States Junior Chamber of Commerce nationalist aspirations. Board of Directors: trenched in, and enriched by, the power they Recognizes that Social Security is in need hold. This resistance manifests itself in two I hope, Mr. Speaker, the leaders of Croatia of immediate revisions; ways, the gross manipulation of the political today will come to their senses, and abide by Recognizes that the future of Social Secu- system to the advantage of the ruling party, the wish of the people to live in full freedom, rity is a vital concern for young people and and the continued reliance on nationalist pas- true justice and greater prosperity. Signs of future generations in the United States; sions. this would be: (1) holding an election which, Recognizes the need for capitalization of Regarding political manipulations, elections from the campaign period to the vote count, is the Social Security system; must be held within the next three months, yet free and fair according to both international Recognizes the need for personal retire- there is no date, no new election law that pro- observers and domestic ones who should be ment accounts; vides a free and fair standard, no loosening of Recognizes that a percentage of budget permitted to observe; (2) cessation of the rel- the grip on the media. More specifically, there surpluses should go towards the solvency of egation of ethnic Serbs to the status of sec- Social Security; continues to be a so-called ``diaspora'' rep- ond-class citizens whose presence, at best, Recognizes a need for a national ‘‘Get Out resentation, which effectively is the same as will be tolerated; and (3) surrendering to The the Vote’’ campaign; giving almost ten percent of parliamentary Hague all indicted persons, including Mladen seats to the ruling party up front. Moreover, for Gives authority to the USJCC staff to pur- Naletilic (aka ``Tuta'') now that Croatia's own sue a course to reform Social Security in some time the authorities considered sched- courts have cleared the way, and the informa- local Junior Chamber communities and at uling the elections within a few days of Christ- tion and documents which the Tribunal may the national level and organize a ‘‘Get Out mas, a rather blatant attempt to manipulate request. the Vote’’ campaign. popular sentiment and voter turnout. Mr. Speaker, as a proud former Jaycee, I The ruling party is maintaining its control Only with progress in these areas can Cro- thank the organization for its most thorough over Croatia's broadcast media. Defamation atia take its proper place in Europe and the examination of the Social Security System and laws have resulted in hundreds of prosecu- world. Mr. Speaker, I ask Croatia's leaders, recommendations for its reform. tions, both criminal and civil, of journalists and when that will be?

VerDate 1299 06:11 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A21OC8.028 pfrm12 PsN: E21PT1 E2164 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1999 IN HONOR OF MR. NICHOLAS A. respective communities with a renewed com- claimed more and more of him, he did `` . . . CAPODICE, BAYONNE CITY COUN- mitment to this cause, I believe it is Congress' not go gently into that good night . . . (but) CIL MEMBER-AT-LARGE, RECIPI- responsibility to do all that we can to support . . . raged against the dying of the light. . . .'' ENT OF SICILIAN CITIZEN’S these young peoples' efforts. What better way His incredible strength and will to live emulate CLUB 1999 MAN OF THE YEAR to do this than to provide legislation that as- these words of courage written by Dylan AWARD sists young people who are striving to do the Thomas to his dying father. Lenny adopted me right thing? For this reason, I rise today to in- into his life, and as my friend, reinforced in me HON. ROBERT MENENDEZ troduce the Young Witness Assistance Act of the belief that anything was possible to ac- OF NEW JERSEY 1999. complish if you just tried hard enough and IN THE HOUSE OF REPRESENTATIVES Sadly, more and more of our Nation's youth were good enough. I knew even if I failed he'd Thursday, October 21, 1999 are becoming intimately familiar with violent still be there for me; so true was his love. crime. These crimes include homicide, assault, Lenny loved his family and friends with a pas- Mr. MENENDEZ. Mr. Speaker, I rise today robbery, domestic violence and sexual assault. sion even death cannot diminish. Mr. Speaker, to recognize Bayonne City Council Member- Upon witnessing such violent crimes, they please join me in expressing my deepest sym- At-Large, Mr. Nicholas Capodice, for being suddenly find themselves in the uncomfortable pathy to his devoted wife of 50 years, Sarah named this year's 1999 Man of the Year by position of deciding whether or not to report Raskin, his eldest son, Phillip E. Raskin, his the Sicilian Citizen's Club. the act. Far too often, many young people only daughter and my dearest friend, Maryl D. Grandson of Pietro Capodice, charter mem- choose to stay quiet. In many ways, who can Raskin, his youngest son and daughter-in-law ber of the Sicilian Citizen's Club, Mr. Capodice blame them? Witnessing a violent crime is a Garry N. and Susan Raskin, and his beloved has been committed to serving the City of Ba- traumatic experience. Additionally, reporting a grandchildren, Kaley and Sydney Raskin. I ask yonne. Through his exemplary service to the violent crime can potentially lead to additional unanimous consent that the following material community, he has shown tremendous leader- hardships that threaten the well-being of the be included with my statement. The poems, ship. young witness. Earlier this year in Con- ``Adios'' by Naomi Shihab Nye, and ``Reading Receiving his B.A. in special education and necticut, an 8-year-old boy and his mother Aloud to My Father'' by Jane Kenyon; works an M.A. in Administration and Supervision were gunned down after the boy agreed to Maryl shared with me which reflect upon life from the New Jersey City University, Mr. testify as a witness in a murder trial. In my as we reflect upon this wonderful man's friend- Capodice's commitment to the educational district, a young man and his family were har- ship and love. Thank you, Mr. Speaker. Adios, and social development of his students is truly assed and threatened after he agreed to as- Lenny. remarkable. He has continued his work in the sist authorities in an armed robbery caseÐ ADIOS field of Special Education by serving on the eventually his family removed the boy from It is a good word, rolling off the tongue no Bayonne Board of Education for 10 years and school and placed him into hiding in reaction on the Jersey City Board of Education for the matter what language you were born with. to repeated threats on his life. Use it. Learn where it begins, the small al- last 11 years. It's time we take a stand for the young peo- Mr. Capodice was recently elected Ba- phabet of departure, how long it takes to ple who are willing to stand against crimes in yonne's City Council Member-At-Large, where think of it, then say it, then be heard. their communities. The Young Witness Assist- Marry it. More than a golden ring, it shines, he is Commissioner of the Bayonne Local Re- ance Act is a step in the right direction. It pro- it shines. development Authority. In this capacity, Mr. vides Federal funds to state and local authori- Wear it on every finger till your hands Capodice is responsible for the strategic plan- ties specifically for establishing and maintain- dance, touching everything easily, letting ning and implementation of the economic re- everything, easily, go. ing programs that assist young witnesses of development of the City of Bayonne. Strap it to your back like wings. Or a kite- Prior to being elected to the City Council, violent crimes. Authorities can use these funds tail. The stream of air behind a jet. Mr. Capodice served as a Trustee for the Ba- to develop such activities as counseling for the If you are known for anything, let it be the yonne Board of Education from 1991 to 1996, youth; pre- and post-trial assistance for the way you rise out of sight when your work is acting as President from 1992 to 1995. In ad- youth and their family; educational services if finished. Think of things that linger; leaves, cartons dition, he was a member of the Board of the youth has to be removed from school; community and school based outreach initia- and napkins, the damp smell of mold. School Estimates from 1993 to 1994. Think of things that disappear. For his dedication to the people of the City tives; and protective services. The bill would authorize $3 million for each fiscal year from Think of what you love best, what brings of Bayonne and his extraordinary service tears into your eyes. record, I ask my colleagues to join me in con- 2001 to 2003. No new money will be used to Something that said adios to you before you gratulating City Councilman Nicholas fund this effort. Rather, funding would be de- knew what it meant or how long it was for. Capodice on being named 1999 Man of the rived from existing monies within the Violent Explain little, the word explains itself. Later Year by the Sicilian Citizen's Club of Bayonne. Crime Reduction Trust Fund. perhaps. Lessons following lessons, like si- lence following sound. f Mr. Speaker, this bill supports our Nation's young people who take a courageous stance NAOMI SHIHAB NYE. INTRODUCTION OF THE YOUNG against violent crime in their communities. It WITNESS ASSISTANCE ACT OF 1999 sends a message that Congress cares and is READING ALOUD TO MY FATHER willing to provide the assistance young wit- I chose the book haphazard from the shelf, HON. MICHAEL E. CAPUANO nesses need. Forty-fix members of the House, but with Nabokov’s first sentence I knew it OF MASSACHUSETTS Democrats and Republicans, have acknowl- wasn’t the thing to read to a dying man: IN THE HOUSE OF REPRESENTATIVES edged this by becoming original cosponsors of The cradle rocks above the abyss, it began, and common sense tells us that our existence Thursday, October 21, 1999 this legislation. It is my hope that the House will ``do the right thing'' and pass this legisla- is but a brief crack of light between two Mr. CAPUANO. Mr. Speaker, this week tion. eternities of darkness. The words disturbed both of us immediately, more than 350 young Americans gathered in f our Nation's capitol to share their views about and I stopped. With music it was the same— violence and how it has affected their lives. HONORING THE MEMORY OF MR. Chopin’s Plano Concerto—he asked me to LEONARD S. RASKIN turn it off. He ceased eating, and drank lit- Three individuals from my districtÐPierre tle, while the tumors briskly appropriated Laurent and Amanda Abreu of Somerville, MA, what was left of him. and Yarimee Gutierrez of Boston, MA, came HON. KAREN McCARTHY But to return to the cradle rocking. I think to Washington to take part in the Voices OF MISSOURI Nabokov had it wrong. This is the abyss. That’s why babies howl at birth, and why the Against Violence conference. Their commit- IN THE HOUSE OF REPRESENTATIVES ment to addressing the problems associated dying so often reach for something only they with violence among youth is to be com- Thursday, October 21, 1999 can apprehend. At the end they don’t want their hands to be mended, and I want to take this opportunity to Ms. MCCARTHY of Missouri. Mr. Speaker, I under the covers, and if you should put your personally thank them for their efforts to make rise today to honor Leonard S. Raskin, whose hand on theirs in a tentative gesture of soli- a difference within their schools and commu- death on October 18 is an incalculable loss to darity, they’ll pull the hand free; and you nities. his loving family and cherished friends, and to must honor that desire, and let them pull it As Pierre, Amanda, Yarimee and the other our community. Lenny loved life and was un- free. participants of the conference return to their daunted by its challenges. Even as cancer JANE KENYON.

VerDate 1299 06:11 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A21OC8.035 pfrm12 PsN: E21PT1 October 21, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2165 TRIBUTE TO MANA, A NATIONAL JACOB’S HOPE Wetterling, a boy I have never met. Because LATINA ORGANIZATION of Jacob, America's children are better pro- HON. JIM RAMSTAD tected from those who would steal their child- HON. LUCILLE ROYBAL-ALLARD OF MINNESOTA hood. Because of Jacob, more and more chil- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES dren will have the opportunity to grow up safe IN THE HOUSE OF REPRESENTATIVES Thursday, October 21, 1999 and secure. Thursday, October 21, 1999 I ask my colleagues and fellow Americans Mr. RAMSTAD. Mr. Speaker, tomorrow to remember Jacob and his wonderful family. Ms. ROYBAL-ALLARD. Mr. Speaker, it is a marks the tenth anniversary of a tragic event We owe Patty and Jerry Wetterling and the great honor to stand before you today to pay in my home state of Minnesota. On October Jacob Wetterling Foundation a great debt of tribute to the members of MANA, a national 22, 1989, an eleven-year-old boy named gratitude for their ten years of work protecting Latina organization whose members are in our Jacob Wetterling was stolen from his family in America's most precious giftÐour children. the small community of St. Joseph, Minnesota. Nation's Capital to celebrate the 25th Anniver- f sary of the founding of this organization. Since then, no one has heard from Jacob or MANA, a national Latina organization, was the masked gunman who stole him that day. PRAY FOR THE CHILDREN founded in 1977 as a Mexican American This tragedy shook the community, our state WEEKEND Women's National Association. Its mission is and the nation. If a child could be taken from to strengthen Latina community leaders; cul- a closely-knit, small community like St. Jo- tivate vital and prosperous Latino communities seph, Minnesota, what child in America was HON. JUDY BIGGERT and advance public policy for an equal and truly safe? OF ILLINOIS just society. MANA is a membership-based or- Jacob's parents, Jerry and Patty Wetterling, IN THE HOUSE OF REPRESENTATIVES ganization headquartered in Washington, D.C. have made it their crusade to make America Thursday, October 21, 1999 a safer place for our children. They turned an and has chapters across the country. Mrs. BIGGERT. Mr. Speaker, I am pleased For over 25 years, MANA has been the unthinkable horror in their own lives into an to recognize an effort sponsored by the Illinois voice for Latinas in the Nation's Capital and opportunity to bring hope to other families. Drug Education Alliance and others to raise across the countryÐfrom the statehouse to Over the last 10 years, they have kept the awareness of and unite people against the the White House. They have shared the na- hope of Jacob's return alive, and, at the same dangers of illegal drug use. This effort, known tional and international concerns of Hispanas time, created the Jacob Wetterling Foundation as Pray for the Children, is a grassroots with Presidents of the United States and Mex- to promote child safety. movement to keep children drug-free and safe ico and consulted with cabinet-level leaders on Today, the Jacob Wetterling Foundation is through faith and community involvement. a range of domestic issues. Through its chap- an invaluable, nationally recognized resource The second annual ``Pray for the Children ters, MANA has duplicated a strong advocacy for families with missing children and the law role at the community level. enforcement officials searching for them. The Weekend'' is this weekend, October 22, 23, Throughout its rich history, MANA has es- Foundation has helped 1,500 families with and 24. This is a time for people all across the tablished a number of programs which have missing or exploited children and processed world to take a moment to reflect and pray for been replicated at the local level through their 1,000 leads on missing children. children to avoid the pitfalls of illegal drug use. chapters. From the outset, MANA viewed Patty Wetterling has been a tireless cru- It is also a time for families, religious institu- leadership development as the key to achieve sader, traveling around the country to educate tions and political leaders to come together to a dream of ``full empowerment of Latinas.'' To children and families about preventing child keep children drug free and safe. that end, the organization holds annual train- abduction and abuse. We are all aware of the devastating impact ing conferences on public policy issues and The Jacob Wetterling Foundation has illicit drug use has on our society, particularly the legislative process. MANA also provides reached 160,000 people at 500 events and on young people. Illicit drug use is something scholarships specifically targeting Latinas. has distributed more than 1.2 million safety we all understand must be addressed and Concerned with the high dropout rate, MANA brochures across the nation. overcome. While saying a prayer is not the developed its youth stay-in-school program, The Jacob Wetterling Foundation has been sole answer to the drug problem, it is part of Las herMANITAS. This program has been du- instrumental in shaping our nation's laws to a larger solution that demands community in- plicated at the chapter level. Through role protect children. Working with Patty Wetterling, volvement and responsibility for one's own ac- models, success stories, personal triumphs, I introduced legislation to protect communities tions. encouragement and leadership training, MANA from the criminals who prey on children. This I encourage those listening to participate in has developed, inspired, motivated and mobi- landmark legislationÐthe Jacob Wetterling this effort and urge my colleagues to wear the lized self-reliant, determined and courageous ActÐbecame the law of the land in 1994. Be- red ``Pray for the Children'' ribbons that have women to become community leaders. cause of it, released criminals who are con- been sent to their offices. The Ribbons and Lastly, I would be remiss if I did not mention victed of crimes against children must register this campaign symbolize what members of this the women who led the organization the last with law enforcement, and communities are body and those around the world should be 25 years. Through their efforts they dem- notified when dangerous offenders move into promotingÐa zero tolerance for illegal drug onstrated how a totally volunteer organization the neighborhood. use and a commitment to a drug-free lifestyle. of more than 1,000 women across the country Several events are taking place in Min- f can make a difference in creating a better fu- nesota and across the country this weekend to ture for Hispanic women, their families and mark the tragic anniversary of Jacob's abduc- IN HONOR OF THE STATEWIDE their communities. Past National Presidents in- tion and make America award of the need for HISPANIC CHAMBER OF COM- clude: Blandina (Bambi) CaÂrdenas, Founder, child protection. At 6:00 p.m. tomorrow in St. MERCE OF NEW JERSEY ON ITS 1974; Bettie Baca, Organizing Chair 1974±75; Joseph, Minnesota, there will be a balloon ‘‘DECADE OF SUCCESS’’ Evangeline (Vangie) Elizondo, President launch from Kennedy Elementary School. Also 1975±76; Gloria LoÂpez HernaÂndez, President tomorrow on television, ``Dateline NBC'' will HON. ROBERT MENENDEZ 1976±77; Elisa SaÂnchez, President 1977±79 carry a report on the Wetterling case. OF NEW JERSEY and 1995±1999; Wilma Espinoza, President On Saturday, a safety fair for children and IN THE HOUSE OF REPRESENTATIVES 1979±81; Raydean Acavedo, President 1981± parents will be held at the Rainbow Foods Thursday, October 21, 1999 83; Veronica (Ronni) Collazo, President 1983± store in St. Cloud, Minnesota. There will also 85; Gloria Barajas, President 1985±86; MarÂõa be a local broadcast on KARE±TV at 10:00 Mr. MENENDEZ. Mr. Speaker, I rise today Rita Jaramillo, President 1986±88; Irma a.m. with a behind-the-scenes look at a public to recognize the Statewide Hispanic Chamber Maldonado, President 1988±90; Judy Canales, service announcement by Jacob's friends and of Commerce of New Jersey on a ``Decade of President 1990±92 and Elvira Valenzuela classmates. Success'' in the State of New Jersey on this Crocker, President 1992±94. On Sunday, a ``Hope Service'' will be held occasion, its 9th Annual Convention and Expo. On behalf of the Congressional Hispanic at St. Joseph's Catholic Church. In addition, Starting out with just a handful of volunteers Caucus, we applaud you for your contribu- the November issue of ``Reader's Digest'' cur- in 1989, the Statewide Hispanic Chamber of tions, and we thank you for your leadership on rently on newsstands carries a cover story Commerce of New Jersey has become the behalf of Latinas and Latinos throughout the about Jacob. flagship organization for New Jersey's small country. We look forward to continuing to work Mr. Speaker, there are few people who business community. Today, the SHCC is an with you in the years to come. have touched my own life like Jacob organization committed to serving the needs

VerDate 1299 06:11 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A21OC8.038 pfrm12 PsN: E21PT1 E2166 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1999 of the Hispanic business community, while dent time to make badly-needed changes in The GI Bill today simply does not provide working closely with the U.S. Hispanic Cham- the Montgomery GI Bill (MGIB). enough education assistance to attract the Army and other service recruiters and the ber of Commerce to provide leadership and to numbers of high quality high school grad- commanders of the Armed Services’ Recruit- uates the Army and the other services need. promote the continued growth and develop- ing Commands see the MGIB as the most im- Today, potential recruits see the Mont- ment of New Jersey's economy. portant recruiting incentive for the Armed gomery GI Bill as an inadequate educational Championing the needs of Hispanic busi- Services. Yet congressional leaders have re- benefits package compared to the commit- nesses in the State of New Jersey, the SHCC fused to fund an upgrade, despite a recruit- ment required by the Armed Services. ing crisis today that will be tomorrow’s is a voluntary network of individuals, busi- As a result, the military has become in- manpower crisis. nesses, Hispanic Chambers of Commerce, creasingly unable to compete with colleges. and regional professional associations. The The House Veterans Affairs Subcommittee on Benefits held hearings this year on the The Armed Forces are accepting lower-abil- network is responsible for expanding business Montgomery GI Bill Improvements Act of ity recruits in an effort to meet recruiting opportunities, forging a mutually beneficial re- 1999, H.R. 1071, which I introduced, and the goals. lationship between the public and private sec- Servicemembers Educational Opportunity Recently Patrick T. Henry, Army Assist- tors, advocating businesses in the political Act of 1999, H.R. 1182, introduced by Chair- ant Secretary for Manpower and Reserve Af- arena, and promoting trade between New Jer- man BOB STUMP. Both bills would appre- fairs said America has to understand that sey businesses and their national and inter- ciably increase benefits provided by the the Army is not an employer of last resort. national counterparts. Montgomery GI Bill. The testimony we re- I agree, but if we experience continuing re- The SHCC encourages growth through ceived during those hearings was far-reach- cruiting shortfalls, our military may soon ing, and it confirmed two things: become just that. technical assistance and regional conferences 1. GI Bill enhancements are sorely needed, for area businesses, professional associations, The Armed Forces must have high quality and recruits, defined as those who have a high 2. My H.R. 1071 is a significantly stronger and entrepreneurs. Also, the SHCC provides school diploma and who have at least aver- strong leadership for New Jersey in the U.S. bill. Commanders and recruiters from all of the age scores on tests measuring math and Hispanic Chamber of Commerce, as well as in verbal skills. programs such as Education NOW for future Armed Services told the Benefits Sub- committee that they face brutal recruiting The Department of Defense says about 80 business leaders. challenges this year which will continue into percent of high quality recruits will com- Nationwide, Hispanic businesses are thriv- the future. plete their first 3 years of active duty, while ing. With 30,000 Hispanic-owned businesses Vice. Adm. Patricia A. Tracey, Deputy As- only 50 percent of recruits with only a GED supporting 128,000 jobs and generating $7.5 sistant Secretary of Defense for Military will finish basic training successfully and billion in sales nationwide, the Hispanic market Personnel Policy, said that it is a buyer’s complete their enlistment. The General Ac- is the fastest growing sector in the United market out there. What most young Ameri- counting Office notes that it costs at least States. In the State of New Jersey alone, this cans are not buying is military service. $35,000 to replace every recruit who leaves As a result, the military has become in- booming market has experienced an 87% in- the service prematurely. creasingly unable to compete with colleges We must restore MGIB’s effectiveness in crease in less than ten years. The efforts of for the caliber of high school graduates it groups such as the SHCC have been instru- recruiting the number of high quality young needs to operate today’s complex weapon men and women the Armed Forces need and mental in fostering this growth. systems and equipment. providing a competitive readjustment edu- The Army missed its recruitment goal of For its commitment to the survival and pros- cational benefit for veterans. perity of Hispanic-owned businesses, as well 48,700 during the first half of 1999 by more than 7,300. Its ‘‘write-rate’’ is the worst in The Congressional Budget Office has esti- as its unwavering leadership, I ask my col- mated the 10-year cost of enhancing the leagues to join me in commending the State- the history of the all-volunteer force, and the annual goal will be missed by ten times Montgomery GI Bill (H.R. 1071) to be $5 bil- wide Hispanic Chamber of Commerce of New last year’s figure. lion over 10 years. This $5 billion 10-year cost Jersey. Admiral Tracey told us that ‘‘money for to recruit the high quality young men and f college’’ is consistently the primary reason women required to maintain our national de- young men and women give for enlisting. All fense and provide these veterans the oppor- MONTGOMERY GI BILL NEEDS A the recruiters backed her up. tunity to obtain the best education for which BOOST To my mind the recruiting problems we see they can qualify after their military service now reflect the diminished buying power of is one-half of 1 percent (.005) of the 10-year HON. BOB FILNER the Montgomery GI Bill. College costs have nearly $800 billion tax cut congressional quadrupled in the last 20 years. The basic GI leaders are trying to enact. OF CALIFORNIA Bill benefit, however, has increased only 76 IN THE HOUSE OF REPRESENTATIVES A single tax break—such as the five-year percent since the program was enacted. extension of a temporary tax deferral on in- Thursday, October 21, 1999 No wonder America’s young people aren’t come life insurance companies, banks and se- buying military service. The 21st century job curities firms earn abroad—will cost the gov- Mr. FILNER. Mr. Speaker, I want to submit market will demand a college degree—but an article by my colleague, the distinguished ernment that much in lost revenues, accord- they have a great many opportunities to pay ing to congressional calculations. Ranking Member of the Veterans' Affairs for a college education without facing the Committee, Mr. Lane Evans. This article, rigors, the risks and the sacrifices of serving Shame on Congress and its Republican about needed changes in the Montgomery GI their country in the Armed Forces. Most of leaders if, in their lock-step march to give Bill, appeared in the November 1999 issue of us who are veterans today grew up looking tax relief to those who need it least, they pass national security by. the Association of the United States Army's for ways to serve our country—and wearing AUSA News. the uniform was a good career move, too— Shame on Congress and its leaders, too, if whether for a few years before going on to a they fail to find the relatively smaller MONTGOMERY GI BILL NEEDS A BOOST civilian job, or as a life’s work. That ethic is amount we need to attract the new soldiers— We are enjoying a balanced budget for the dying, and Congress is doing nothing to rein- and sailors, airmen and marines—this coun- first time in a generation. Now is the pru- force it. try needs to remain strong and free.

VerDate 1299 06:11 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A21OC8.039 pfrm12 PsN: E21PT1 Thursday, October 21, 1999 Daily Digest

HIGHLIGHTS Senate passed Partial Birth Abortion Ban. The Senate and House agreed to the Conference Report on H.R. 2466, Department of the Interior and Related Agencies Appropriations. The House passed H.R. 2, The Students Results Act. The House passed H.R. 2300, Academic Achievement for All Act. Senate under such Act if adopted with or after a sibling Chamber Action who is a child under such Act. Page S13011 Routine Proceedings, pages S12949–S13035 Measures Passed: Measures Introduced: Ten bills and one resolution Work Incentives Improvement Act: Senate passed were introduced, as follows: S. 1759–1768, and S.J. H.R. 1180, to amend the Social Security Act to ex- Res. 36. Pages S13011±12 pand the availability of health care coverage for Measures Reported: Reports were made as follows: working individuals with disabilities, to establish a H.R. 2112, to amend title 28, United States Ticket to Work and Self-Sufficiency Program in the Code, to allow a judge to whom a case is transferred Social Security Administration to provide such indi- to retain jurisdiction over certain multidistrict litiga- viduals with meaningful opportunities to work, after tion cases for trial, and to provide for Federal juris- striking all after the enacting clause and inserting in diction of certain multiparty, multiforum civil ac- lieu thereof the text of S. 331, Senator companion tions, with an amendment in the nature of a sub- measure, as passed by the Senate on June 16, 1999. stitute. Senate insisted on its amendment, requested a con- H.J. Res. 62, to grant the consent of Congress to ference with the House thereon, and the Chair was the boundary change between Georgia and South authorized to appoint the following conferees on the Carolina. part of the Senate: Senators Roth, Lott, and Moy- S. 1235, to amend part G of title I of the Omni- nihan. Page S12961 bus Crime Control and Safe Streets Act of 1968 to Partial Birth Abortion: By 63 yeas to 34 nays allow railroad police officers to attend the Federal (Vote No. 340), Senate passed S. 1692, to amend Bureau of Investigation National Academy for law title 18, United States Code, to ban partial-birth enforcement training. abortions, as modified, after taking action on the fol- S. 1485, to amend the Immigration and Nation- lowing amendments proposed thereto: ality Act to confer United States citizenship auto- Pages S12949±70, S12972±99 matically and retroactively on certain foreign-born Adopted: children adopted by citizens of the United States. By 51 yeas to 47 nays (Vote No. 337), Harkin S. 1713, to amend the Immigration and Nation- Amendment No. 2321 (to Amendment No. 2320), ality Act to extend for an additional 2 years the pe- to express the sense of Congress in support of the riod for admission of an alien as a nonimmigrant Supreme Court’s decision in Roe v. Wade. (By 48 under section 101(a)(15)(S) of such Act, and to au- yeas to 51 nays (Vote No. 336), Senate earlier failed thorize appropriations for the refugee assistance pro- to table the amendment.) Pages S12949±61, S12972 gram under chapter 2 of title IV of the Immigration Boxer Amendment No. 2320 (to the text of the and Nationality Act. language proposed to be stricken by Amendment S. 1753, to amend the Immigration and Nation- No. 2319), to express the Sense of the Congress that, ality Act to provide that an adopted alien who is less consistent with the rulings of the Supreme Court, a than 18 years of age may be considered a child woman’s life and health must always be protected in D1176

VerDate 12-OCT-99 06:27 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D21OC9.REC pfrm13 PsN: D21OC9 October 21, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1177 any reproductive health legislation passed by Con- Authority for Committees: Pages S13025±26 gress. Pages S12949±72 Additional Statements: Pages S13033±35 Modification to S. 1692, to clarify the definition Record Votes: Five record votes were taken today. of partial birth abortion. Page S12980 (Total—340) Pages S12961, S12972, S12989, S12997 Rejected: By 46 yeas to 51 nays (Vote No. 338), Smith (of Adjournment: Senate convened at 9:31 a.m., and N.H.) Modified Amendment No. 2324, to provide adjourned at 7:57 p.m., until 9:30 a.m., on Friday, for certain disclosures and limitations with respect to October 22, 1999. (For Senate’s program, see the re- the transference of human fetal tissue. marks of the Acting Majority Leader in today’s Pages S12985±89 Record on page S13035.) By 46 yeas to 51 nays (Vote No. 339), Landrieu Modified Amendment No. 2323, to express the Committee Meetings sense of the Congress that the Federal Government should fully support the economic, educational and (Committees not listed did not meet) medical requirements of families with special needs OPERATION ALLIED FORCE children. Pages S12975±89 Committee on Armed Services: Committee resumed open Torture Victims Relief Authorization: Senate and closed hearings on the lessons learned from the passed H.R. 2367, to reauthorize a comprehensive military operations conducted as part of Operation program of support for victims of torture, clearing Allied Force, and associated relief operations, with the measure for the President. Page S13035 respect to Kosovo, receiving testimony from Gen. Interior Appropriations Conference Report: Sen- Wesley K. Clark, USA, Commander-in-Chief, ate agreed to the conference report on H.R. 2466, United States European Command, Supreme Allied making appropriations for the Department of the In- Commander, Europe; Adm. James O. Ellis, Jr., terior and related agencies for the fiscal year ending USN, Commander-in-Chief, United States Naval September 30, 2000, clearing the measure for the Forces, Europe, Commander-in-Chief, Allied Forces, Southern Europe; and Lt. Gen. Michael C. Short, President. Pages S13000±02 USAF, Commander, 16th Air Force, United States African Growth and Opportunity Act: Senate Air Forces, Europe, Commander, Allied Air Forces, began consideration of the motion to proceed to the Southern Europe. consideration of H.R. 434, to authorize a new trade Hearings recessed subject to call. and investment policy for sub-Sahara Africa. NATIONAL TECHNICAL INFORMATION Pages S13002±06 SERVICE A unanimous-consent agreement was reached pro- viding for further consideration of the motion to Committee on Commerce, Science, and Transportation: Sub- proceed to consideration of the bill on Friday, Octo- committee on Science, Technology, and Space con- ber 22, 1999. Page S13035 cluded hearings to examine issues dealing with the Department of Commerce’s proposal to close the Na- Appointment: tional Technical Information Service, after receiving Mickey Leland National Urban Air Toxics Re- testimony from Senator Robb; Representatives Davis search Center: The Chair, on behalf of the Majority and James Moran; Robert Mallett, Deputy Secretary Leader, pursuant to Public Law 101–549, appointed of Commerce; Michael F. DiMario, Public Printer, Susan F. Moore, of Georgia, to the Board of Direc- Government Printing Office; Joan R. Challinor, tors of the Mickey Leland National Urban Air Member, United States National Commission on Li- Toxics Research Center, vice Patricia A. Buffler. braries and Information Science; and Bill Clark, Na- Page S13035 tional Federation of Federal Employees, Washington, Messages From the House: Page S13010 DC. Enrolled Bills Signed: Page S13010 NATIONAL HISTORIC PRESERVATION Communications: Pages S13010±11 Committee on Energy and Natural Resources: Sub- committee on National Parks, Historic Preservation, Executive Reports of Committees: Page S13011 and Recreation concluded hearings on S. 1365, to Statements on Introduced Bills: Pages S13012±24 amend the National Preservation Act of 1966 to ex- Additional Cosponsors: Pages S13024±25 tend the authorization for the Historic Preservation Fund and the Advisory Council on Historic Preserva- Amendments Submitted: Page S13025 tion, S. 1434, to amend the National Historic Pres- Notices of Hearings: Page S13025 ervation Act to reauthorize that Act, and H.R. 834,

VerDate 12-OCT-99 06:27 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D21OC9.REC pfrm13 PsN: D21OC9 D1178 CONGRESSIONAL RECORD — DAILY DIGEST October 21, 1999 to extend the authorization for the National Historic NOMINATIONS Preservation Fund, after receiving testimony from Committee on Governmental Affairs: Committee con- Robert Stanton, Director, Katherine Stevenson, Asso- cluded hearings on the nominations of John F. ciate Director, Cultural Resource, Stewardship and Walsh, of Connecticut, and Legree Sylvia Daniels, of Partnerships, and Michael Soukup, Associate Direc- Pennsylvania, each to be a Governor of the United tor, Natural Resources, Stewardship and Science, all States Postal Service, after the nominees testified and of the National Park Service, Department of the In- answered questions in their own behalf. Mr. Walsh terior; John Fowler, Executive Director, Advisory was introduced by Senator Dodd, and Ms. Daniels Council on Historic Preservation; Judith Bittner, was introduced by Senator Specter. Alaska State Office of Historic Preservation, Anchor- age, on behalf of the National Conference of State BUSINESS MEETING Historic Preservation Officers; Gerri Johnson Hobdy, Committee on the Judiciary: Committee ordered favor- Louisiana Department of Culture, Recreation and ably reported the following business items: Tourism, Baton Rouge; Michael A. Andrews, Wash- H.R. 2112, to amend chapter 87 of title 28, ington, DC, and Lucille Clark Dumbrill, New Cas- United States Code, to authorize a judge to whom tle, Wyoming, both of the National Trust for His- a case is transferred to retain jurisdiction over certain toric Preservation; and Susan West Montgomery, multidistrict litigation cases for trial, with an Preservation Action, Washington, DC. amendment in the nature of a substitute. (As ap- proved by the committee the substitute amendment BUSINESS MEETING incorporates the text of S. 1748, Senate companion Committee on Finance: Committee ordered favorably measure.); reported an original bill, the Balanced Budget Ad- H.J. Res. 62, to grant the consent of Congress to justment Act of 1999. the boundary change between Georgia and South Carolina; WTO TRADE NEGOTIATIONS S. 1713, to amend the Immigration and Nation- Committee on Finance: Subcommittee on International ality Act to extend for an additional 2 years the pe- Trade concluded hearings to examine the United riod for admission of an alien as a nonimmigrant States trade negotiating objectives for services at the under section 101(a)(15)(S) of such Act, and to au- Seattle World Trade Organization Ministerial meet- thorize appropriations for the refugee assistance pro- ing, after receiving testimony from David L. Aaron, gram under chapter 2 of title IV of the Immigration Under Secretary of Commerce for International and Nationality Act; Trade; Susan G. Esserman, Deputy United States S. 1485, to amend the Immigration and Nation- Trade Representative; and Stuart J. Brahs, The Prin- ality Act to confer United States citizenship auto- cipal Financial Group, Catherine L. Mann, Institute matically and retroactively on certain foreign-born for International Economics, and J. Robert Vastine, children adopted by citizens of the United States; Coalition of Service Industries, all of Washington S. 1753, to amend the Immigration and Nation- DC. ality Act to provide that an adopted alien who is less than 18 years of age may be considered a child CHILD LABOR ABUSE under such Act if adopted with or after a sibling Committee on Foreign Relations: Committee concluded who is a child under such Act; hearings on Convention (No. 182) Concerning the S. 1754, ‘‘Denying Safe Havens to International Prohibition and Immediate Action for the Elimi- and War Criminals Act of 1999’’, with an amend- nation of the Worst Forms of Child Labor, adopted ment in the nature of a substitute; by the International Labor Organization Convention S. 1235, to amend part G of title I of the Omni- at its 87th Session in Geneva on June 17, 1999 bus Crime Control and Safe Streets Act of 1968 to (Treaty Doc. 106–05), after receiving testimony from allow railroad police officers to attend the Federal Senator Harkin; Alexis M. Herman, Secretary of Bureau of Investigation National Academy for law Labor; John J. Sweeney, American Federation of enforcement training; and Labor and Congress of Industrial Organizations, The nominations of Timothy B. Dyk, of the Dis- Washington, DC; Thomas M.T. Niles, United States trict of Columbia, and Richard Linn, of Virginia, Council for International Business, New York, New each to be a United States Circuit Judge for the Fed- York, on behalf of the International Labor Organiza- eral Circuit, Paul L. Seave, to be United States At- tion; Casey Harrell, Duke University Students torney for the Eastern District of California, and Against Sweatshops, Durham, North Carolina; and Diana E. Murphy, of Minnesota, Ruben Castillo, of Francoise Remington, Forgotten Children, Arling- Illinois, Sterling R. Johnson, Jr., of New York, ton, Virginia. Elton J. Kendall, of Texas, Michael E. O’Neill, of

VerDate 12-OCT-99 06:27 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D21OC9.REC pfrm13 PsN: D21OC9 October 21, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1179 Maryland, William K. Sessions, III, of Vermont, and National Alliance of Breast Cancer Organizations, John R. Steer, of Virginia, each to be a Member of New York, New York; and Pamela G. Bailey, the United States Sentencing Commission. Health Industry Manufacturers Association, and Alan F. Holmer, Pharmaceutical Research and Manufac- FDA MODERNIZATION turers of America, both of Washington, D.C. Committee on Health, Education, Labor, and Pensions: Committee concluded hearings on the implementa- UNITED STATES WORKFORCE NEEDS tion of the Food and Drug Administration Mod- Committee on the Judiciary: Subcommittee on Immi- ernization Act (P.L. 105–115), focusing on provi- gration concluded hearings to examine workforce sions on pharmaceuticals and medical devices, after needs in the high technology industry and at smaller receiving testimony from Jane E. Henney, Commis- companies, focusing on the need for additional sioner of Food and Drugs, Food and Drug Adminis- H–1B visas, after receiving testimony from Senators tration, Department of Health and Human Services; Gramm and Robb; Susan Williams DeFife, Richard A. Galbraith, University of Vermont Fletch- womenCONNECT.com, Fairfax, Virginia; Julie er Allen Health Care, Burlington; Janice Bourque, Holdren, Olympus Group, Inc., Alexandria, Vir- Massachusetts Biotechnology Council, Inc., Wal- ginia; Robert D. Atkinson, Progressive Policy Insti- tham; Myron Genel, Yale University School of Medi- tute, and William T. Archey, American Electronics cine, New Haven, Connecticut, on behalf of the Association, both of Washington, D.C.; and Roberta American Academy of Pediatrics; Amy S. Langer, Katz, Technology Network, Palo Alto, California. h House of Representatives resentatives Cunningham, Tiahrt, Aderholt, Emer- Chamber Action son, Sununu, Young of Florida, Moran of Virginia, Bills Introduced: 15 public bills, H.R. 3120–3134; Dixon, Mollohan, and Obey as conferees on H.R. 1 private bill, H.R. 3135; and 3 resolutions, H. 3064, making appropriations for the government of Con. Res. 203–204, and H. Res. 340, were intro- the District of Columbia and other activities charge- duced. Page H10724 able in whole or in part against revenues of said Dis- Reports Filed: Reports were filed today as follows: trict for the fiscal year ending September 30, 2000. H. Res. 339, providing for consideration of H.R. Page H10621 2260, to amend the Controlled Substances Act to The Students Results Act: The House passed H.R. promote pain management and palliative care with- 2, to send more dollars to the classroom and for cer- out permitting assisted suicide and euthanasia (H. tain other purposes by a recorded vote of 358 ayes Rept. 106–409); and to 67 noes, Roll No. 526. Pages H10621±56 H.R. 2005, to establish a statute of repose for du- Rejected the Hinojosa motion to recommit the rable goods used in a trade or business, amended (H. bill to the Committee on Education and the Work- Rept. 106–410, Pt. 1). Page H10723 force with instructions to conduct hearings and Speaker Pro Tempore: Read a letter from the promptly report to the House regarding the effec- Speaker wherein he designated Representative tiveness of bilingual education and migrant edu- Thornberry to act as Speaker pro tempore for today. cation. Pages H10654±55 Page H10615 Agreed to the committee amendment in the na- ture of a substitute made in order by the rule. Guest Chaplain: The prayer was offered by the guest Chaplain, Rev. Timothy O’Brien, Ph.D. of Page H10652 Agreed to: Washington, D.C. Page H10615 The Schaffer amendment that permits children to Journal Vote: Agreed to the Speaker’s approval of transfer to another public school chosen by their par- the Journal of Wednesday, October 20, by a yea and ents when they are victims of violent crimes at nay vote of 352 yeas to 62 nays, Roll No. 520. school or otherwise attend unsafe schools; Pages H10615, H10620±21 Pages H10635±36 Appointment of Conferees—District of Colum- The Andrews amendment, as amended, that per- bia Appropriations: The Chair announced the mits schools to use Title I funding for prekinder- Speaker’s appointment of Chairman Istook and Rep- garten programs. Earlier, agreed to the Goodling

VerDate 12-OCT-99 06:27 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D21OC9.REC pfrm13 PsN: D21OC9 D1180 CONGRESSIONAL RECORD — DAILY DIGEST October 21, 1999 amendment to the Andrews amendment that elimi- Rejected with Clay motion to recommit the bill nates prerequisites for implementing the program; to the Committee on Education and the Workforce Pages H10640±41 with instructions to report it back to the House in The Roemer amendment that increases Title I a manner that addresses the need to help commu- program funding by $1.5 billion (agreed to by a re- nities to reduce class size, to modernize our Nation’s corded vote of 243 ayes to 181 noes, Roll No. 523); crumbling and overcrowded public schools, and to and Pages H10636±40, H10650 ensure that teachers are highly qualified, by a re- The Ehlers amendment that includes mathematics corded vote of 201 ayes to 217 noes, Roll No. 531. and science in Title I standards and assessments Pages H10714±15 (agreed to by a recorded vote of 360 ayes to 62 noes, Agreed to the committee amendment in the na- Roll No. 525). Pages H10647±49, H10651±52 ture of a substitute made in order by the rule. Rejected: Page H10713 The Armey amendment that sought to establish a Rejected the Fattah amendment that sought to re- five year pilot program to provide a $3,500 scholar- quire states to certify that either per pupil expendi- ship for children, who are victims of violent crimes tures or achievement levels are substantially equal at school or who otherwise attend unsafe schools, to across the state by a recorded vote of 183 ayes to attend another school chosen by their parents (re- 235 noes, Roll No. 530. Pages H10710±13 jected by a recorded vote of 166 ayes to 257 noes, The Clerk was authorized in the engrossment of Roll No. 521); Pages H10621±28 the bill to correct section numbers, punctuation, The Payne amendment that sought to strike title cross references, and to make other necessary tech- VIII that permits school-wide program funding for nical and conforming changes to reflect the actions schools that serve at least 40 per cent of children of the House. Page H10716 from low-income families (rejected by a recorded H. Res. 338, the rule that provided for consider- vote of 208 ayes to 215 noes, Roll No. 522); ation of the bill was agreed to by a yea and nay vote Pages H10629±35, H10649±50 of 214 yeas to 201 nays, Roll No. 529. Pursuant to The Petri amendment that sought to establish a the rule, the amendments in Part A of H. Rept. pilot program in ten states to convert Title I funds 106–408 that limits the program to no more than into a portable benefit to be used by the parents or legal guardians for their children’s education (re- 10 states and changes the effective date to October jected by a recorded vote of 153 ayes to 271 noes, 1, 2000. Pages H10685±89 Roll No. 524). Pages H10641±47, H10650±51 Legislative Program: The Majority Leader an- The Clerk was authorized in the engrossment of nounced the legislative program for the week of Oc- the bill to correct section numbers, punctuation, tober 25. Pages H10715±16 cross references, and to make other necessary tech- Meeting Hour—Monday, October 25: Agreed that nical and conforming changes to reflect the actions when the House adjourn today, it adjourn to meet of the House. Page H10656 on Monday, October 25 for morning-hour debates. H. Res. 336, the rule that provided for consider- Page H10716 ation of the bill was agreed to on October 20. Calendar Wednesday: Agreed to dispense with the Interior and Related Agencies Appropriations: business under the Calendar Wednesday rule on The House agreed to the Conference report on H.R. Wednesday, October 27. Page H10716 2466, making appropriations for the Department of the Interior and related agencies for the fiscal year Senate Messages: Messages received from the Senate ending September 30, 2000 by a yea and nay vote appear on pages H10615 and H10672. of 225 yeas to 200 nays, Roll No. 528. Quorum Calls—Votes: Four yea and nay votes and Pages H10672±85 nine recorded votes developed during the pro- H. Res. 337, the rule waiving points of order ceedings of the House today and appear on pages against the conference report was agreed to by a yea H10620–21, H10628, H10649–50, H10650, and nay vote of 228 yeas to 196 nays, Roll No. 527. H10650–51, H10651–52, H10655–56, Pages H10656±72 H10671–72, H10685, H10689, H10713, Academic Achievement for All Act: The House H10714–15, and H10715. There were no quorum passed H.R. 2300, to allow a State to combine cer- calls. tain funds to improve the academic achievement of Adjournment: The House met at 10:00 a.m. and all its students, by a recorded vote of 213 ayes to adjourned at 11:59 p.m. 208 noes, Roll No. 532. Pages H10689±H10715

VerDate 12-OCT-99 06:27 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D21OC9.REC pfrm13 PsN: D21OC9 October 21, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1181 diction? Testimony was heard from Senator Committee Meetings Wellstone; Representative Ramstad; Capt. Ronald YOUTH ANTI-DRUG MEDIA CAMPAIGN Smith, M.D., USN, Vice Chairman, Department of Committee on Appropriations: Subcommittee on Treas- Psychiatry, National Naval Medical Center, Depart- ury, Postal Service, and General Government held a ment of Defense; and public witnesses. hearing on the Youth Anti-Drug Media Campaign. MISCELLANEOUS MEASURES; OVERSIGHT— Testimony was heard from Barry McCaffrey, Direc- POSTAL SERVICE tor, Office of National Drug Control Policy; Susan David, National Institute of Drug Abuse, Depart- Committee on Government Reform: Subcommittee on ment of Health and Human Services; and public Postal Service approved for full Committee action witnesses. the following bills: H.R. 2952, to redesignate the fa- cility of the United States Postal Service located at POSTURE, READINESS ISSUES, AND 100 Orchard Park Drive in Greenville, South Caro- UNFUNDED REQUIREMENTS lina, as the ‘‘Keith D. Oglesby Station’’; and H.R. Committee on Armed Services: Held a hearing on pos- 3018, amended, to designate the United States Post ture, readiness issues, and unfunded requirements. Office located at 557 East Bay Street in Charleston, Testimony was heard from the following officials of South Carolina, as the ‘‘Marybelle H. Howe Post Of- the Department of Defense: Gen. Eric K. Shinseki, fice’’. USA, Chief of Staff, Department of the Army; Adm. The Subcommittee also held an oversight hearing Jay L. Johnson, USN, Chief of Naval Operations, on the U.S. Postal Service. Testimony was heard Department of the Navy; Gen. Michael E. Ryan, from the following officials of the U.S. Postal Serv- USAF, Chief of Staff, Department of the Air Force; ice: Karla W. Corcoran, Inspector General; and Wil- and Gen. James. L. Jones, USMC, Commandant, liam J. Henderson, Postmaster General and CEO; U.S. Marine Corps. and Bernard L. Ungar, Director, Government Busi- Y2K AND MEDICAL DEVICES ness Operations Issues, GAO. Committee on Commerce: Subcommittee on Health and COMMITTEE BUSINESS Environment and the Subcommittee on Oversight Committee on House Administration: Met and consid- and Investigations held a joint hearing on Y2K and ered pending Committee business. Medical Devices: Testing for the Y2K Bug. Testi- mony was heard from the following officials of the Y2K: A THREAT TO U.S. INTERESTS Department of Health and Human Services: Thomas ABROAD? Shope, Special Assistant to the Director, Office of Committee on International Relations: Held a hearing on Science and Technology, Center for Devices and Ra- Y2K: A Threat to U.S. Interests Abroad? Testimony diological Health; William Hubbard, Senior Asso- was heard from the following officials of the U.S. ciate Commissioner, Policy, Planning and Legisla- Agency for International Development: Richard C. tion, both with the FDA; and George Grob, Deputy Nygard, Chief Information Officer; and Theodore Inspector General; Joel C. Willemssen, Director, Alves, Director, Assistant Inspector General, Audits; Civil Agencies Information Systems, Accounting and the following officials of the Department of State: Management Division, GAO; and public witnesses. John O’Keefe, Special Representative for the Year MSPA CLARIFICATION ACT; 2000; and Jacquelyn L. Williams-Bridgers, Inspector OPPORTUNITIES FOR MIGRANT General; Lawrence K. Gershwin, National Intel- EMPLOYEES ligence Officer, Science and Technology, CIA; and Committee on Education and the Workforce: Sub- Linda D. Koontz, Associate Director, Accounting committee on Workforce Protections held a hearing and Information Management Division, GAO. on the following bills: H.R. 1886, MSPA Clarifica- PARTICIPATION AND REHABILITATION tion Act of 1999; and H.R. 2757, Opportunities for Migrant Employees. Testimony was heard from Rep- Committee on the Judiciary: Subcommittee on the Con- resentatives Canady of Florida, Hastings of Wash- stitution held a hearing on H.R. 906, Civic Partici- ington and Radanovich; and public witnesses. pation and Rehabilitation Act of 1999. Testimony was heard from Representative Davis of Illinois; and SUBSTANCE ABUSE TREATMENT PARITY public witnesses. Committee on Government Reform: Subcommittee on Criminal Justice, Drug Policy and Human Resources ANTITAMPERING ACT held a hearing on Substance Abuse Treatment Parity: Committee on the Judiciary: Subcommittee on Courts A Viable Solution to the Nation’s Epidemic of Ad- and Intellectual Property held a hearing on H.R.

VerDate 12-OCT-99 06:27 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D21OC9.REC pfrm13 PsN: D21OC9 D1182 CONGRESSIONAL RECORD — DAILY DIGEST October 21, 1999 2100, Antitampering Act of 1999, Testimony was manner; H.R. 3067, Nampa and Meridian Convey- heard from public witnesses. ance Act; and a measure to amend the Act that au- MISCELLANEOUS MEASURES thorized construction of the San Luis Unit of the Central Valley Project, California, to facilitate water Committee on Resources: Subcommittee on Energy and transfers in the Central Valley Project. Testimony Mineral Resources held a hearing on the following was heard from the following officials of the Bureau bills: H.R. 3063, to amend the National Leasing Act of Reclamation, Department of the Interior: David to increase the maximum acreage of Federal leases Hayes, Acting Deputy Secretary; and Eluid Martinez, for sodium that may be held by an entity in any one Commissioner; Katheen Clarke, Executive Director, State; and H.R. 2818, to prohibit oil and gas drill- Department of Natural Resources, State of Utah; and ing in Mosquito Creek Lake in Cortland, Ohio. Tes- public witnesses. timony was heard from Representative Traficant; the PAIN RELIEF PROMOTION ACT following officials of the Bureau of Land Manage- Committee on Rules: Granted, by voice vote, a structured ment, Department of the Interior: Gwen Mason, As- rule providing 1 hour of general debate on H.R. 2260, sociate State Director, Eastern States Office; and Pain Relief Promotion Act of 1999, equally divided and Robert M. Anderson, Deputy Assistant Director, controlled by the chairman and ranking member of the Minerals, Realty and Resource Protection; Brig. Gen. Committee on Commerce and the chairman and ranking Hans A. VanWinkle, USA, Deputy Commander for member of the Committee on the Judiciary. The rule Civil Works, Corps of Engineers, Department of the waives clause 4(a) of rule XIII (requiring a three-day lay- Army; and public witnesses. over of the committee report) against consideration of the bill. The rule makes in order as an original bill for the MISCELLANEOUS MEASURES purpose of amendment the amendment in the nature of Committee on Resources: Subcommittee on Fisheries a substitute consisting of the bill as modified by the Conservation, Wildlife and Oceans held a hearing on amendments recommended by the Committee on Com- the following measures: H. Con. Res. 189, express- merce and printed in the bill. The rule provides for con- sideration of only the amendments printed in the Rules ing the sense of the Congress regarding the wasteful Committee report accompanying the resolution. The rule and unsportsmanlike practice known as shark fin- provides that the amendments will be considered only in ning; and H.R. 2903, Coral Reef Conservation and the order specified in the report, may be offered only by Restoration Act of 1999. Testimony was heard from a Member designated in the report, shall be considered Representative Cunningham; from the following offi- as read, shall be debatable for the time specified in the cials of NOAA, Department of Commerce: Sally report equally divided and controlled by the proponent Yozell, Deputy Assistant Secretary, Oceans and At- and an opponent and shall not be subject to amendment. mosphere; and Andrew Rosenberg, Deputy Assistant The rule allows the Chairman of the Committee of the Administrator, Fisheries, National Marine Fisheries Whole to postpone votes during consideration of the bill, Service; and public witnesses. and to reduce voting time to five minutes on a postponed question if the vote follows a fifteen minute vote. Finally, LAND EXCHANGE the rule provides one motion to recommit with or with- Committee on Resources: Subcommittee on National out instructions. Testimony was heard from Representa- tives Bilirakis, Canady of Florida, Scott, Watt of North Parks and Public Lands held a hearing on H.R. Carolina, Rothman, Hoyer, Maloney of New York, 2950, to provide for the exchange of certain land in Hooley of Oregon and Wu. the State of Oregon. Testimony was heard from Rep- resentative Walden of Oregon; Carson Culp, Assist- SUPERFUND RD&D ant Director, Minerals, Realty and Resource Protec- Committee on Science: Subcommittee on Energy and tion, Bureau of Land Management, Department of Environment held a hearing on Superfund RD&D. the Interior; Jack Craven, Director, Lands, Forest Testimony was heard from the following officials of Service, USDA; and public witnesses. the EPA: Norine Noonan, Assistant Administrator, MISCELLANEOUS MEASURES Research and Development, Office of Research and Development; and Ed Berkey, Committee on Committee on Resources: Subcommittee on Water and Environmentalk Engineering, Science Advisory Power held a hearing on the following: H.R. 2348, Board; and public witnesses. to authorize the Bureau of Reclamation to provide cost sharing for the endangered fish recovery imple- NASA’S SPACE SHUTTLE—SAFETY AND mentation programs for the Upper Colorado and San PERFORMANCE UPGRADES Juan River Basins; H.R. 2619, to amend the Colo- Committee on Science: Subcommittee on Space and Aer- rado River Basin Salinity Control Act to authorize onautics held a hearing on Safety and Performance additional measures to carry out the control of salin- Upgrades to NASA’s Space Shuttle. Testimony was ity upstream of Imperial Dam in a cost-effective heard from William F. Readdy, Deputy Associate

VerDate 12-OCT-99 06:27 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D21OC9.REC pfrm13 PsN: D21OC9 October 21, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1183 Administrator, Space Flight, NASA; and public wit- Director, Income Security Issues, Health, Education nesses. and Human Services Division, GAO; the following CONTRACTOR RESPONSIBILITY Administrative Law Judges: Ronald G. Bernoski; and Kathleen A. McGraw; and public witnesses. Committee on Small Business: Held a hearing on the proposed changes to Part 9 of the Federal Acquisi- tion Regulation relating to contractor responsibility. Joint Meetings Testimony was heard from Representative Davis of FINANCIAL SERVICES MODERNIZATION Virginia; Deidre Lee, Administrator, Office of Fed- Conferees continued in evening session to resolve the eral Procurement Policy, OMB; Eleanor Spector, Di- differences between the Senate and House passed rector, Defense Procurement, Department of Defense; versions of S. 900/H.R.10, bills to enhance competi- James Ballentine, Acting Associate Deputy Adminis- tion in the financial services industry by providing trator, Government Contracting and Minority Enter- a prudential framework for the affiliation of banks, prise Development, SBA; and public witnesses. securities firms, insurance companies, and other fi- STATE OF AIRLINE COMPETITION nancial service providers. Committee on Transportation and Infrastructure: Sub- f committee on Aviation continued hearings on the COMMITTEE MEETINGS FOR FRIDAY, State of Airline Competition, (including the Status OCTOBER 22, 1999 of New Low-Cost Airlines and the DOT Response to the TRB Report). Testimony was heard from Nancy (Committee meetings are open unless otherwise indicated) E. McFadden, General Counsel, Department of Senate Transportation; and public witnesses. Committee on Armed Services: to hold hearings to examine FATHERS COUNT ACT; MEDICARE the security of the Panama Canal, 9:30 a.m., SH–216. BALANCED BUDGET REFINEMENT ACT House Committee on Ways and Means: Ordered reported, amended the following bills: H.R. 3073, amended, Committee on Commerce, to mark up the following: H.R. 1070, to amend title XIX of the Social Security Act to Fathers Count Act of 1999 and H.R. 3075, Medicare provide medical assistance for certain women screened and Balanced Budget Refinement Act of 1999. found to have breast or cervical cancer under a federally MANAGEMENT OF DISABILITY CASES funded screening program; and the Health Care Restora- tion Act of 1999, 9:30 a.m., 2123 Rayburn. Committee on Ways and Means: Subcommittee on So- Committee on Science, Subcommittee on Technology and cial Security and the Subcommittee on Human Re- the Subcommittee on Government Management, Informa- sources held a joint hearing on the Management of tion and Technology of the Committee on Government Disability Cases. Testimony was heard from Kenneth Reform, joint hearing on Y2K and Nuclear Power: Will S. Apfel, Commissioner, SSA; Cynthia M. Fagnoni, Reactors React Responsibly, 10 a.m., 2318 Rayburn.

VerDate 12-OCT-99 06:27 Oct 22, 1999 Jkt 079060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D21OC9.REC pfrm13 PsN: D21OC9 D1184 CONGRESSIONAL RECORD — DAILY DIGEST October 21, 1999

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, October 22 12:30 p.m., Monday, October 25

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Monday: To be announced. of the motion to proceed to H.R. 434, African Growth and Opportunity Act. Also, Senate will consider any ap- propriations conference reports when available.

Extensions of Remarks, as inserted in this issue

HOUSE Gillmor, Paul E., Ohio, E2160 Roybal-Allard, Lucille, Calif., E2165 Goodlatte, Bob, Va., E2153 Sabo, Martin Olav, Minn., E2156 Biggert, Judy, Ill., E2165 Gordon, Bart, Tenn., E2156 Sanchez, Loretta, Calif., E2162 Boehner, John A., Ohio, E2155 Green, Gene, Tex., E2154 Saxton, Jim, N.J., E2159 Capuano, Michael E., Mass., E2164 McCarthy, Karen, Mo., E2164 Schaffer, Bob, Colo., E2162 Coyne, William J., Pa., E2154 McInnis, Scott, Colo., E2153, E2154, E2155, E2157, Schakowsky, Janice D., Ill., E2159 Danner, Pat, Mo., E2155 E2158 Smith, Christopher H., N.J., E2161, E2163 Deutsch, Peter, Fla., E2157 Menendez, Robert, N.J., E2158, E2162, E2164, E2165 Stabenow, Debbie, Mich., E2157 Faleomavaega, Eni F.H., American Samoa, E2160 Paul, Ron, Tex., E2154 Underwood, Robert A., Guam, E2160 Filner, Bob, Calif., E2166 Portman, Rob, Ohio, E2153 Weldon, Dave, Fla., E2155 Forbes, Michael P., N.Y., E2158, E2162 Ramstad, Jim, Minn., E2165

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